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HomeMy WebLinkAboutCC RES 12-93RESOLUTION NO. 12-93 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONCEPT PLAN (CP) 2012-002, DESIGN REVIEW (DR) 2012-004, DENSITY TRANSFER, DENSITY BONUS, AND CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1), AND TENTATIVE PARCEL MAP (PM) 2012-136, FOR 533 RESIDENTIAL APARTMENTS, INCLUDING 37 MODERATE- INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE COMPANY, LLC). The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That in 2010, the Tustin City Council approved the "Tustin Legacy Disposition Strategy for the Former Master Developer Footprint" for v. Neighborhoods B, D, E, and G, including Disposition Package 2A ON within Planning Area 13 of Neighborhood D. B. Pursuant to an extensive developer selection process, The Irvine Company was selected to develop the site and on June 19, 2012, an Exclusive Negotiation Agreement (ENA) was executed. C. That The Irvine Company and City of Tustin have completed and desire to enter into Disposition and Development Agreement 2012- 001, and The Irvine Company has submitted a proper application for CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and Tentative PM 2012-136 requesting authorization to develop 533 multi-family residential apartment homes, including 37 moderate- income affordable units in compliance with California Government Code Section 65915(1), at Disposition Package 2A, Tustin Legacy, to be implemented by The Irvine Company or its affiliate as may be approved by the City of Tustin. D. That the site is zoned as Planning Area 13, Community Core, Neighborhood D in the MCAS Tustin Specific Plan (SP-1); and designated MCAS Tustin (MCAS) by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Resolution 12-93 Page 1 of 21 Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. E. That MCAS Tustin Specific Plan Section 4.22A requires the submission of a Concept Plan prior to or concurrent with the submission of a new lam, development proposal within Planning Area 13. The project has been found to comply with the requirements of the MCAS Tustin Specific Plan (except as authorized by any approved Concessions and Incentives). After consideration of the proposed project, the Tustin City Council has determined that the proposed project complies with the following MCAS Tustin Specific Plan Concept Plan review criteria. Specifically, the proposed project depicts: 1. Continuity and adequacy of all circulation systems, such as roads, access points, trails, pedestrian ways, and other infrastructure systems needed to serve the project; 2. Continuity and design quality of architecture and renovations proposed, as well as landscape and hardscape theme and treatments; 3. Satisfactory response to the urban design features specified in Chapter 2 and under each Planning Area in Chapter 3 (Note: the proposed project is not changing master planned circulation, utility, traffic and related assumptions provided in Chapter 2 of the MCAS Tustin Specific Plan. No specific design features are provided for multi-family developments in Chapter 3); 4. Conformity with the Non-Residential Land Use/Trip Budget, including authorized adjustments (Note: this criteria is not applicable since the project is a multi-family residential use); and, 5. Compliance with other Specific Plan provisions (Note: project compliance with MCAS Tustin development requirements is documented within the November 6, 2012 staff report provided to the Tustin City Council, (except as authorized by any approved Concessions and Incentives)). F. That MCAS Tustin Specific Plan Section 4.2.4 requires the submission of a Design Review application following or concurrently with submittal of a concept plan, individual development and reuse projects within Planning Area 13. After consideration of the proposed project, the Tustin City Council has determined that the proposed project's design satisfies the following general architectural and site design principles in that: 1. The buildings define and relate to the street edge, with architecture to face the streets. 2. The buildings interface with adjacent residential uses. 3. The architecture is technically sophisticated in detailing. 4. There is a rich palette of natural materials and textures. 1 110 MEMO` I Resolution 12-93 Page 2 of 21 5. The architecture proposes visually interesting fagade treatments with distinctive architectural elements and design details. 6. The project utilizes varied setbacks, projections, roof lines, windows and reveals, and elements that minimize the impact of the building mass. 7. The buildings are designed with traditional forms, accented by unique architectural shapes and details. 8. The buildings reflect high quality design through the incorporation of coordinated architecture utilizing elements, materials, and colors that complement the relaxed, informal style. 9. The buildings incorporate smaller-scale architectural details such as porches, bays, recessed or projecting balconies, and dormers to visually reduce the height and scale of the building. 10. The buildings utilize varied building heights. 11. Building fagade articulation is implemented. In addition, the proposed project's location, size, architectural features and general appearance will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole, based upon a consideration of the following criteria: Also, the project applicant has proposed community gates for the project. After consideration of the proposed project, the Tustin City Council has determined that the proposed use of gates at the project is Resolution 12-93 Page 3 of 21 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. MEN 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennas. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of equipment located outside of an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signing (to be submitted for staff review following project approval) 14. Development guidelines and criteria as may be adopted by the City Council. Also, the project applicant has proposed community gates for the project. After consideration of the proposed project, the Tustin City Council has determined that the proposed use of gates at the project is Resolution 12-93 Page 3 of 21 supportable since the project is of a higher density, is in close proximity to the District at Tustin Legacy, is surrounded by streets on all sides, and will not impact the parking demand, usage, or the vehicular circulation on the site. G. That MCAS Tustin Specific Plan Section 3.2.3 permits the transfer of residential units (density transfer) between parcels subject to review and approval. After consideration of the proposed project, the Tustin City Council has determined that the requested Density Transfer is an innovative approach to providing a significant number of affordable units at Tustin Legacy with the requirement that St. Anton Partners and The Irvine Company enter into an Affordable Housing/Regulatory Agreement with the City of Tustin to ensure availability of the 225 and 37 moderate- income affordable apartment units (respectively) for 55 years. H. That Tustin City Code Section 9141(b) authorizes the submission of an application for a Density Bonus and/or Concession or Incentive to be processed concurrently with any other permit application(s) which require entitlements. The City must support density bonus requests, but must make findings for any concessions or incentives requested for projects that provide affordable housing units in compliance with California Government Code Section 65915(1), as authorized under Tustin City Code Section 9123. The Irvine Company has requested City Council approval of the requested Density Bonus, Concessions and Incentives including: I K. L Development Authorization to: Regulation 1. Increase the number of units served by a private "loop" drive (MCAS Tustin Section 2.5.2.B.8.b) beyond the current limit of 87 units. That on October 9, 2012, the Tustin Planning Commission held a duly called, noticed, public hearing on the matter and adopted Resolution No. 4206 recommending that the Tustin City Council approve CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and PM 2012-136. That on October 16, 2012, the Tustin City Council continued the matter to an adjourned regular meeting on October 30, 2012. That on October 30, 2012, the Tustin City Council continued the matter to a regular meeting on November 6, 2012. That a public hearing was duly noticed, called, and held on November 6, 2012 by the Tustin City Council. Resolution 12-93 Page 4 of 21 ON M. That on November 6, 2012, the Tustin City Council adopted Resolution No. 12-95 finding that the Project is within the scope of the previously approved MCAS Tustin Final Program EIS/EIR previously certified on January 16, 2001, as amended by Supplement and Addendum and that no new effects could occur and no new mitigation measures would be required and an additional environmental analysis, action or document is not required by the CEQA. The City has alternatively determined that the proposed project is exempt from further CEQA review pursuant to Government Code Section 65457. II. The City Council hereby approves CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and Tentative PM 2012-136 for 533 residential apartment units, including 37 moderate-income affordable units, at Disposition Package 2A, Tustin Legacy, with the findings noted above and subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at an adjourned regular meeting held on the 6th day of November, Resolution 12-93 Page 5 of 21 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 12-93 was duly passed and adopted at an adjourned regular meeting of the Tustin City Council, held on the 6th day of November, 2012, by the following vote: Resolution 12-93 Page 6 of 21 EXHIBIT A RESOLUTION NO. 12-93 DEVELOPMENT AGREEMENT (DA) 2012-001, CONCEPT PLAN (CP) 2012-002, DESIGN REVIEW (DR) 2012-004, DENSITY TRANSFER, DENSITY BONUS, AND CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1), AND PARCEL MAP (PM) 2012-136, FOR 533 RESIDENTIAL APARTMENTS, INCLUDING 37 MODERATE-INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE COMPANY, LLC) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 6, 2012, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the use is established within twenty (24) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and PM 2012-136 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION (1) 1.5 Ordinance No. 1422 shall be effective. (1) 1.6 Approval of DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and PM 2012-136 including the Housing Agreement and Regulatory Agreement, may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with the approvals affecting the surrounding tenants or neighborhood, the Community Development Director shall take any action, or may initiate any proceedings permitted by law to enforce the conditions of approval or Agreements and covenants associated with this approval. (1) 1.7 As a condition of approval of DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and PM 2012-136, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 At the time of plan check submittal, the applicant shall clearly demonstrate compliance with all applicable development standards of the MCAS Tustin Specific Plan and the Tustin City Code on construction drawings. (1) 1.10 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. ENRON& USE RESTRICTIONS 2.1 The Irvine Company, LLC, has partnered with St. Anton Partners (a respondent-developer approved by the City of Tustin to develop 225 apartments within Disposition Package 1A-North in Planning Area 13, Neighborhood G of Tustin Legacy) in this effort. The St. Anton/Irvine Company proposal requests the transfer of 120 of 157 affordable housing units from Disposition Package 2A to Disposition Package 1A- North with 120 market rate units to be transferred from Disposition Package 1A-North to Disposition Package 2A. If the request to transfer units is approved by the Tustin City Council, Disposition Package 1A- North would ultimately result in the development of 225 affordable residential apartment units (88 very low income, 73 low income, and 64 moderate income) and Disposition Package 2A would ultimately result in the development of 533 residential apartment units, including 37 moderate-income units and 496 market rate units. Prior to the issuance of a first building permit, the applicant (The Irvine Company) shall enter into a Housing Agreement with the City in a form and substance satisfactory to the City consistent with the requirements of the Specific Plan, the City's Density Bonus Ordinance, the City approved Affordable Housing Plan, Density Bonus Application, and the City's Affordable Housing Policy and compliance with California Health and Safety Code. The Agreement shall contain additional terms and conditions related to the provision of the affordable units required of the project, including but not limited to: 1) identification of the distribution of the affordable units; 2) provisions permitting rental of qualifying affordable households at applicable affordable rents; 3) provisions for maintenance and continued affordability; 4) affordable units will be rented and income restricted for the project for a period of 55 years from the issuance of a certificate of occupancy for the rental project; 5) other governmental requirements. The Affordable Housing Agreement shall be recorded against the development site and the applicant shall be required to covenant and agree for itself, its successors, its assigns, and every successor in interest that no fewer than the required number of residential units shall be constructed and available for rental to and occupancy by very low, low and moderate income households in the amount by income category identified above. A Regulatory Agreement shall also be executed ensuring that the affordable housing units are maintained as approved on each site. 2.2 That The Irvine Company, LLC, execute and record Development Agreement 2012-001 provided as approved by the City Attorney (See Ordinance No. 1422), to ensure that the project related to DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and PM 2012-136 is implemented as proposed. 2.3 That The Irvine Company, LLC, execute and record the Housing and Regulatory Agreement provided as approved by the City Attorney (Attachment 1 of this Exhibit), to ensure that the affordable housing units are available as approved on each site. (2) 2.4 The project shall comply with all applicable mitigation and implementation measures of the Final EIS/EIR, as amended by the Supplement and Addendum. (1) 2.5 That The Irvine Company, LLC, execute and record the Disposition and Development Agreement (DDA) with the City of Tustin. Any failure to execute the DDA may result in the City pursuing revocation of DA 2012- 001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and PM 2012-136. KOJ414 [IM, III Wd DMUM01:241:0, I MQW-4fli! ILMONNIM-1 21 (1) 3.1 Project construction plans shall comply with the Tustin Noise Ordinance to address any potential interior and/or exterior noise. Noise attenuation measures as recommended by a Noise Report shall be included in the project's construction drawings at plan check. (1) 3.2 At the time of plan check submittal, provide hardscape/landscape plans MINE- to include the quantity, species, and size of all trees and planting materials for consistency with Specific Plan and City's Landscape and Irrigation Standards. The landscape plan must comply with the City's new water efficiency ordinance (Ordinance No. 1376). (1) 3.3 Prior to issuance of building permits, provide 15"x 22" set of plans consistent with plans approved on November 6, 2012. 1. Technical Site Plan Product 2. Parking Plan Product 3. Conceptual Grading/Utility Plan. Include cross-sections and direction of drainage flow with slope in percentage 4. Architectural drawings (street scene, floor plan, elevations, enhanced elevations) 5. Specific information regarding the quantity of private open space being provided. (1) 3.4 At the time of plan check submittal, the applicant shall submit all exterior materials, colors, and other architectural treatments including details for mailboxes. Indicate color and exterior treatment for review and approval by the Community Development Director and subject to field inspection verification. _M1 (1) 3.5 Prior to the issuance of the first building permit, the applicant shall provide the City with details and plans for all signage proposed for the project. 3.6 Prior to the issuance of the first building permit, a Parking Management Plan shall be submitted for approval by the Chief of Police and Director of Community Development. The Parking Management Plan shall identify parking management techniques that will be implemented to minimize the potential for off-site parking issues that would result in an increase in police or code enforcement service calls. 3.7 The applicant or responsible party shall screen or enclose all potentially visible fire sprinkler standpipes and backflow assemblies, devices and valves to the satisfaction of the Community Development Department. 3.8 The Developer shall not oppose or contest any future creation or establishment by the City of Tustin of a landscape and lighting district, master maintenance association, assessment district, or any other method or means consistent with the DDA, when determined by the City necessary for funding of the maintenance of the public right-of-way, landscape easements, public parks or of the various municipal services and operating expenses associated with Tustin Legacy. 3.9 The final parcel map shall be submitted following approval of the wig tentative parcel map. The final parcel map shall be recorded in accordance with submitted maps dated November 6, 2012, and all applicable requirements of the MCAS Tustin Specific Plan, Tustin City Code, and applicable policies and guidelines. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. 3.10 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, the Tustin City Code, applicable City of Tustin guidelines and standards and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin unless otherwise modified by this Resolution. (1) 3.11 Prior to final parcel map approval, the subdivider shall submit: 1. A current title report; and, 2. A duplicate mylar of the Final Parcel Map, or 8Y2 inch by 11 inch transparency of each map sheet and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance (1) 4.1 Plans submitted for building permits must show compliance with the State of California Title 24 accessibility regulations. Site, buildings and swimming pool decks must comply with the appropriate accessibility to persons with disabilities. Dwelling units shall be served by an accessible route and shall be adaptable as required. (1) 4.2 At the time of building permit application, the plans shall comply with the latest edition of the codes (2010 building codes, 2011 Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. CITY MANAGERS OFFICE (1) 5.1 At the time of plan check submittal, the applicant shall submit all plans, exterior materials, colors, and other architectural treatments for review for conformance to the DDA. (1) 6.1 The following plants shall be removed from the proposed pallet: Pinus canariensis and Liquidambar styraciflue from Tustin Ranch Road and t Arbutus Marina and Washingtonia robusta from Park Avenue and I-M Legacy Road. PUBLIC WORKS DEPARTMENT - GRADING (1) 6.2 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 6.3 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 6.4 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. (1) 6.5 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. NINE (1) 6.6 Prior to issuance of any permits, the applicant shall submit a Water Quality Management Plan (WQMP) for approval by the Community Development and Public Works Departments. (1) 6.7 The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off, if the WQMP is determined to be a Priority WQMP. Structural BMPs identified in the WQMP shall be shown on the grading plan. (1) 6.8 The Priority WQMP shall identify the following: a. Implementation of BMPs. b. Assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.). c. Reference to the location(s) of structural BMPs. (1) 6.9 Prior to submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 6.10 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding 0 & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as was specified in the approved WQMP. PUBLIC WORKS DEPARTMENT — PUBLIC IMPROVEMENTS (1) 6.11 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. (1) 6.12 Construction of catch basins, storm drain laterals and junction structures shall be required to eliminate the need for cross gutters on public streets. (1) 6.13 Prior to issuance of first Certificate of Occupancy for the project, the subdivider shall construct the full width improvements of all roadways listed as required roadways to be constructed as shown on Tentative Parcel Map 2012-136, whether Tustin Legacy Backbone Infrastructure or Local Infrastructure improvements shall include all master planned systems including the streets, sidewalks, bikeways (Class I and Class uti 11), landscaped medians, street lighting, traffic signals, bus turn-outs, Effis landscaping and irrigation, domestic water lines, gas, storm drainage, telephone, electricity, cable TV, sewage and reclaimed water, telemetry, any necessary telecommunication systems as shown in the Specific Plan, Irvine Ranch Water District (IRWD) Sub Area Master Plan for 110 Tustin Legacy as approved by the City, and responsible utility providers. 6.14 The applicant shall design and construct the full width improvements to Legacy Road from Warner Avenue to Carnegie Road including utilities, meandering sidewalks adjacent to the project site, landscape and irrigation system adjacent to the project site, and street lights along both sides of Legacy Road. 6.15 The applicant shall construct all of the improvements to Park Avenue from Legacy Road to Tustin Ranch Road as shown on the approved Park Avenue and Carnegie Road improvement plans including meandering sidewalks on both sides of the street, street lights, utilities, raised median, landscape and irrigation system for the median, etc. 6.16 The applicant shall modify the traffic signal at Park Avenue and Tustin Ranch Road intersection. Intersection enhancements shall include the creation or extension of left turn lanes, additions or modifications of signal apparatus including loops and interconnects, signing and striping modifications as necessary, and restoration of landscape medians impacted by left-turn enhancements or median modifications, all of N which shall be carried out in accordance with City standards. 6.17 The applicant shall design and construct the Park Avenue median landscape & irrigation system and the parkway landscape & irrigation system along both sides of Park Avenue from Legacy Road to Tustin Ranch Road. 6.18 The applicant shall design and construct the meandering sidewalks, landscape, and irrigation system on the west side of Tustin Ranch Road between Park Avenue and Warner Avenue South along the project frontage. 6.19 The applicant shall construct traffic signal at Tustin Ranch Road and Warner Avenue south intersection. 6.20 The applicant shall construct full width improvements to Warner Avenue South from Tustin Ranch Road to Legacy Road as shown on the approved Warner Avenue improvement plans including utilities, meandering sidewalks adjacent to the project site and street lights on both sides of the street, etc. 6.21 The applicant shall design and construct the traffic signal at Warner M Avenue South and Legacy Road intersection. I (1) 6.22 The applicant shall design and construct the Warner Avenue median landscape & irrigation system and parkway landscape & irrigation system on Warner Avenue between Legacy Road and Tustin Ranch liffini- Road along the project frontage. (1) 6.23 The applicant shall design and construct the landscape and irrigation system within Lot "N" and Lot "M" of Tract Map 17404. (1) 6.24 Separate 24"x36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way along Park Avenue, Legacy Road, Warner Avenue south, and Tustin Ranch Road, as applicable. Said plan shall include, but not be limited to the following: In addition, a 24" x 36' reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. (1) 6.25 The proposed landscaping material along Tustin Ranch Road, Warner Avenue south, Legacy Road and Park Avenue shall be consistent with the Tustin Legacy Backbone Street Plant Palette, or as approved by the Community Development Director and/or the City Engineer. (1) 6.26 The applicant shall provide a Geotechnical Report, Pavement Analysis, and Design Report for all required Tustin Legacy Backbone Infrastructure, Local Infrastructure and Private Infrastructure improvements required in the Vesting Tentative Parcel Map. (1) 6.27 Preparation of plans for and construction of: a. All sanitary sewer facilities shall be submitted as required by the OWN City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District. b. A domestic water system shall be designed and installed to the a. Curb and Gutter b. Sidewalk, including curb ramps for the physically disabled c. Underground utility connections d. Signing/striping plan e. Street lighting f. Catch basin/storm drain laterals/connection to existing storm drain system g. Domestic water facilities h. Reclaimed water facilities i. Sanitary sewer facilities J. Landscape/irrigation In addition, a 24" x 36' reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. (1) 6.25 The proposed landscaping material along Tustin Ranch Road, Warner Avenue south, Legacy Road and Park Avenue shall be consistent with the Tustin Legacy Backbone Street Plant Palette, or as approved by the Community Development Director and/or the City Engineer. (1) 6.26 The applicant shall provide a Geotechnical Report, Pavement Analysis, and Design Report for all required Tustin Legacy Backbone Infrastructure, Local Infrastructure and Private Infrastructure improvements required in the Vesting Tentative Parcel Map. (1) 6.27 Preparation of plans for and construction of: a. All sanitary sewer facilities shall be submitted as required by the OWN City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District. b. A domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. 6.28 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. 6.29 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development. (1) 6.30 All utility lines shall be placed underground by the developer. RON 6.31 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of rM Tustin standards shall apply, unless otherwise approved by the City Engineer. 6.32 A street lighting system shall be prepared for review and approval by the City of Tustin and Southern California Edison. 6.33 Class 11 Bike Lanes shall be designed and constructed in accordance with the MCAS Tustin Specific Plan requirements and approved street improvement plan. (1) 6.34 The minimum pipe diameter for all public storm drains shall be 24-inch. 6.35 The applicant shall be responsible for abandoning and removing all existing utilities within the current and proposed roadway sections. 6.36 The applicant shall be responsible for connection of the project to new backbone utility systems. The applicant shall provide applicable easements for any new utilities on private property. 6.37 As part of the final design process and to comply with the Final EIR/EIS requirements for the Disposal and Reuse of MCAS Tustin, the applicant 0711- M shall submit detailed 100-year storm event hydrology calculations for the existing pre-project condition and for the project condition. As part of the study, the project's contribution to the overall increase in stormwater runoff from the redevelopment of MCAS Tustin shall be estimated and the potential design and construction costs to mitigate the increase storm water discharge contribution from the project shall be determined. 6.38 The applicant shall enter into a landscape maintenance agreement with the City of Tustin for maintenance of parkway improvements within public rights-of-way adjacent to the project along Warner Avenue, Legacy Road, Park Avenue, Tustin Ranch Road, and within Lot "M" and Lot "N" of Tract Map 17404. (1) 6.39 The applicant shall design, construct and maintain the landscape and irrigation system and monument sign at Lot "A" of Parcel Map 2012-136. The applicant shall dedicate in fee title "Lot A" of PM 2012-136 to the City of Tustin, at no cost to the City. PUBLIC WORKS DEPARTMENT — GRANTS IN FEE AND DEDICATIONS 6.40 The applicant shall submit legal descriptions and sketches of the areas below, prepared by a California Licensed Civil Engineer or California Licensed Land Surveyor, current Title Report, applicable back up ORION documents, and plan check deposit to the Public Works Department for 0 review and approval. Easements for emergency vehicle access and public services ingress and egress purposes over the private streets and driveways shall be provided, at no cost to the City. 2. The applicant shall dedicate public access and maintenance easements to the City of Tustin for sidewalk along Warner Avenue south, Legacy Road, Park Avenue, and Tustin Ranch Road, at no cost to the City. PUBLIC WORKS DEPARTMENT — COORDINATION WITH AFFECTED PROPERTY OWNER(S) AND AGENCY(S) (1) 6.41 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: a. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. b. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority (OCTA). c. The applicant shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water District (IRWD), AT &T, Cox Communications, Time Warner, etc. d. The applicant shall coordinate the design and construction of all utilities with the utility providers and the City. The applicant shall also include the design and construction of dry utility conduits and pull boxes for future City use in the arterial streets backbone system throughout the project subject to review and approval of City Engineer. PUBLIC WORKS DEPARTMENT — MISCELLANEOUS (1) 6.42 Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. The fee rate schedule automatically increases on July 1St of each year. (1) 6.43 CADD Requirements a. In addition to the normal full -size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right -of -way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. b. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD -based (latest version available upon request from the Public Works Department). c. The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. M (1) 6.44 Subdivider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer prior to recordation of the final map. 6.45 Prior to submittal of an application for building permits, the applicant shall obtain new addresses for all buildings from the Engineering Division. 6.46 The applicant, property owner(s) and/or tenant(s) are required to participate in the City's recycling program. 6.47 The applicant shall coordinate the proposed trash disposal locations and services with the City's contract services provider, CR&R. 6.48 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". 7.1 Project gates will be designed and operated in conjunction with the plans and gate design study (See Attachment 1 of Resolution No. 12- 95), as may be amended from time to time with the approval of the Community Development Director. All pedestrian and vehicle gates shall be accessible to emergency and law enforcement personnel. Please identify and label the location of all pedestrian gates on the construction drawings prior to the issuance of building permit including but not limited to: (a) Knox key switches, submaster keyed to the Police Department, must be installed on all vehicle and common area doors/pedestrian gates controlled by an electronic access control system. For vehicle gates, the keyswitch must be installed in the driver's side visitor call box or at a height of 42" and at least 15' from the gate on the driver's side. (b) Knox Boxes, submaster keyed to the Police Department, must be installed on the pool gate and any other common area gate requiring a mechanical key. (c) Click2Enter radio access control system must be installed on the vehicle gates. The units must be programmed to the Tustin Police Department secondary frequency and the Orange County Fire Authority frequency established for Click2Enter. (d) Prior to the issuance of building permits, the applicant must submit to the police department, an Emergency Access Plan noting the location and type of emergency access device to be installed. (e) Wayfinding - Prior to the issuance of building permits, the applicant must submit to the Police Department, a wayfinding plan for both vehicles and pedestrians. ORANGE COUNTY FIRE AUTHORITY (1) 8.1 Prior to issuance of a building permit, the applicant or responsible party shall submit the fire master plan (service code PR145). (1) 8.2 Prior to issuance of a building permit, the applicant or responsible party shall submit the architectural (service codes PR200-PR285), when required by the OCFA "Plan Submittal Criteria Form". (1) 8.3 Prior to issuance of a building permit, the applicant or responsible party shall submit the underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475). (1) 8.4 Prior to issuance of building permit, the applicant or responsible party shall submit a gate plan (service code PR180). (1) 8.5 Prior to the issuance of building permit, the applicant or responsible party shall submit an underground piping for private hydrants and fire sprinkler systems (service Code PR470-475). (1) 8.6 Prior to concealing interior construction, the applicant or responsible party shall submit: • The sprinkler monitoring system (service code PR500). • The fire alarm system (service code PR500-PR520) FEES (1) 9.1 Prior to issuance of building permits, payment shall be made of all applicable fees, including but not limited to, the following (Payment shall be required based upon those rates in effect at the time of payment and are subject to change.): SIMON WOMEN-! I rM a. Building and Planning plan check and permit fees to the Community Development Department and Engineering plan check and permit fees to the Public Works Department, based on the most current schedule; b. Orange County Fire Authority (OCFA) fees collected by the Community Development Department, based on the most current schedule; C. Major Thoroughfare and Bridge Fees to the City of Tustin collected by the Public Works Department; d. Water and sewer connection fees to the Irvine Ranch Water District; e. School facilities fee in the amount as required by Tustin Unified School District; f. Transportation System Improvement Program (TSIP) Benefit Area B fees; g. New construction tax fees; h. Other applicable Tustin Legacy Backbone Infrastructure Program fees as specified in Resolution No. 3946; and i. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above- noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.