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HomeMy WebLinkAbout03 REGENCY CENTERSITEM #3 AGENDA REPORT MEETING DATE: AUGUST 25, 2015 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: THE VILLAGE AT TUSTIN LEGACY: GENERAL PLAN CONFORMITY, SPECIFIC PLAN AMENDMENT 2015-02, DEVELOPMENT AGREEMENT 2015- 001, SUBDIVISION 2015-03/TENTATIVE PARCEL MAP 2015-127, CONCEPT PLAN 2015-003, DESIGN REVIEW 2015-014, CONDITIONAL USE PERMIT 2015-11 THROUGH CONDITIONAL USE PERMIT 2015-17, AND CONDITIONAL USE PERMIT 2015-23 FOR THE DEVELOPMENT OF A NEIGHBORHOOD COMMERCIAL CENTER WITH MULTIPLE USES INCLUDING GROCERY, DAYCARE, RESTAURANTS, RETAIL, MEDICAL OFFICE AND ACUTE CARE/REHABILITATION FACILITY WITHIN PLANNING AREA 7 OF NEIGHBORHOOD B, MCAS TUSTIN SPECIFIC PLAN APPLICANT: 1C TUSTIN LEGACY, LLC (REGENCY CENTERS) ATTN: JOHN MEHIGAN 915 WILSHIRE BOULEVARD, SUITE 2200 LOS ANGELES, CA 90017 PROPERTY OWNER: CITY OF TUSTIN LOCATION: VILLAGE SERVICES LAND USE AREA: BOUNDED BY EDINGER AVENUE TO THE NORTHEAST, TUSTIN RANCH ROAD TO THE SOUTHEAST, VALENCIA AVENUE TO THE SOUTHWEST, AND KENSINGTON PARK DRIVE TO THE NORTHWEST (ASSESSOR PARCEL NUMBERS 430-391-18, 430-391-39 AND 430-391-41). ADDRESS: 15000 -15190 KENSINGTON PARK DRIVE. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 2 GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ZONING: MCAS TUSTIN SPECIFIC PLAN DISTRICT: PLANNING AREA 7, NEIGHBORHOOD B EXISTING LAND USE: VACANT SITE ENVIRONMENTAL: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR, along with its Addenda and Supplement, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An Environmental Checklist, attached hereto as Attachment F, Exhibit A, has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. REQUESTS: 1. General Plan Conformity to determine that the location, purpose, and extent of the proposed disposition of an approximately 22.7 - acre site within Neighborhood B of the MCAS Tustin Specific Plan for the development of 248,292 square feet of a neighborhood commercial center is in conformance with the approved General Plan. 2. Specific Plan Amendment 2015-02, an amendment to the MCAS Tustin Specific Plan, to add acute care/rehabilitation facility and skilled nursing facility as a conditionally permitted use within Planning Area 7 and increase the allowable maximum building height from forty-five (45) feet to fifty-five (55) feet for medical centers and sixty (60) feet for acute care / rehabilitation facilities. 3. Development Agreement 2015-001 to facilitate the development and conveyance of an approximate 22.7 -acre site within the boundaries of the MCAS Tustin Specific Plan. 4. Concept Plan 2015-003 to develop a new 248,292 square -foot commercial center with multiple uses including general retail, restaurants, bank, childcare, pharmacy, medical office and acute care/rehabilitation facility and ensure necessary linkages are Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 3 provided between the development project, the integrity of the specific plan and purpose and intent of the neighborhood is maintained, and applicable city requirements are identified and satisfied. 5. Subdivision 2015-03 / Tentative Parcel Map 2015-127 to subdivide an approximately 22.7 -acre site into thirteen (13) numbered lots and four (4) lettered lots for the development of a neighborhood commercial center with multiple uses. 6. Design review 2015-014 for the design and site layout of a 22.7 - acre site into a neighborhood commercial center with multiple uses. 7. Conditional Use Permit 2015-11 for the establishment of an acute care/rehabilitation facility and skilled nursing facility on Building M (Parcel 10, 15120 Kensington Park Drive). 8. Conditional Use Permit 2015-12 for the establishment of a drive- thru pharmacy use on Building D (Parcel 1, 15180 Kensington Park Drive). 9. Conditional Use Permit 2015-13 for the establishment of a restaurant drive-thru use on Building E (Parcel 3, 15190 Kensington Park Drive). 10. Conditional Use Permit 2015-14 for the establishment of a bank drive-thru use on Building H (Parcel 6, 15060 Kensington Park Drive). 11. Conditional Use Permit 2015-15 for the establishment of a restaurant drive-thru use on Building I — Alternative Option (Parcel 7, 15040 Kensington Park Drive). 12. Conditional Use Permit 2015-16 for the establishment of a master sign plan for the subject development. 13. Conditional Use Permit preschool/childcare use Kensington Park Drive). 2015-17 for the establishment of a on Building A (Parcel 9, 15140 14. Conditional Use Permit 2015-23 for the establishment of joint use parking for Parcels 10, 11, 12 and 13 (15000, 15020, 15100 and 15120 Kensington Park Drive). RECOMMENDATION: 1. That the Planning Commission adopt Resolution No. 4285, recommending that the City Council take the following actions for the development of a new commercial center located at 15000 through 15190 Kensington Park Drive: Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 4 a. Determine that the location, purpose, and extent of the proposed disposition of an approximately 22.7 acre site within Planning Area 7, Neighborhood B of the MCAS Tustin Specific Plan for the development of a neighborhood commercial center with multiple uses is in conformance with the approved general plan. b. Adopt Ordinance No. 1460 approving Specific Plan Amendment 2015-02, an amendment to the MCAS Tustin Specific Plan to allow acute care/rehabilitation and skill nursing uses as conditionally permitted within Planning Area 7 and increase the allowable building height to fifty-five (55) feet for medical centers and sixty (60) feet for acute care/rehabilitation facilities. c. Adopt Ordinance No. 1461 approving Development Agreement 2015-001 to facilitate the development and conveyance of an approximate 22.7 -acre site within the boundaries of MCAS Tustin Specific Plan. The Development Agreement was intended to further the purpose and intent of the General Plan and Specific Plan, and FEIS/FEIR and will ensure the orderly implementation of infrastructure and development. The Development Agreement includes a schedule of performance and obligations that ensure adequate local infrastructure programs are in place to support the proposed development. d. Approve Concept Plan 2015-003 to develop a 248,292 square -foot neighborhood commercial center with multiple uses and ensure necessary linkages are provided between the development project, the integrity of the specific plan and purpose and intent of the neighborhood is maintained, and applicable city requirements are identified and satisfied. e. Approve Tentative Parcel Map 2015-127 to subdivide an approximately 22.7 -acre site into 13 numbered lots and 4 lettered lots for the development of a 248,292 square -foot neighborhood commercial center with multiple uses. f. Design Review 2015-014 for the design and site layout of a 248,292 square -foot neighborhood commercial center with multiple uses. 2. That the Planning Commission adopt Resolution No. 4286, recommending that the City Council approve Conditional Use Permit 2015-11 for the establishment of an acute care/rehabilitation facility on Building M (Parcel 10, 15120 Kensington Park Drive). 3. That the Planning Commission adopt Resolution No. 4287, recommending that the City Council approve Conditional Use Permit 2015-12 for the establishment of a drive-thru pharmacy use on Building D (Parcel 1, 15180 Kensington Park Drive). 4. That the Planning Commission adopt Resolution No. 4288, recommending that the City Council approve Conditional Use Permit 2015-13 for the establishment of a restaurant drive-thru use on Building E (Parcel 3, 15190 Kensington Park Drive). 5. That the Planning Commission adopt Resolution No. 4289, recommending that the City Council approve Conditional Use Permit 2015-14 for the establishment of a bank drive- thru use on Building H (Parcel 6, 15060 Kensington Park Drive). Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 5 6. That the Planning Commission adopt Resolution No. 4290, recommending that the City Council approve Conditional Use Permit 2015-15 for the establishment of a restaurant drive-thru use on Building I — Alternative Option (Parcel 7, 15040 Kensington Park Drive). 7. That the Planning Commission adopt Resolution No. 4291, recommending that the City Council approve Conditional Use Permit 2015-16 for the establishment of a master sign plan for the subject development. 8. That the Planning Commission adopt Resolution No. 4292, recommending that the City Council approve Conditional Use Permit 2015-17 for the establishment of a preschool/childcare use on Building A (Parcel 9, 15140 Kensington Park Drive). 9. That the Planning Commission adopt Resolution No. 4293, recommending that the City Council approve Conditional Use Permit 2015-23 for the establishment of joint use parking for the Medical Plaza involving the medical office, acute care/rehabilitation facility, and the adjacent medical office/retail buildings (Parcels 10, 11, 12 and 13; 15000, 15020, 15100 and 15120 Kensington Park Drive). APPROVAL AUTHORITY: • General Plan Conformity. Pursuant to Section 65402(a) of the Government Code, the Planning Commission is authorized to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. • Specific Plan Amendment. Section 4.2.8 of the MCAS Tustin Specific Plan requires an amendment to the Specific Plan be initiated and processed in the same manner set forth in the Tustin City Code. Tustin City Code Section 9295 specifies any amendment to the Zoning may be initiated and adopted as other ordinances are amended or adopted. • Development Agreement: The MCAS Tustin Specific Plan Section 4.2.9 requires a Development Agreement in conjunction with or prior to approval of any entitlements associated with private development. Pursuant to Tustin City Code Section 9607, the Planning Commission shall consider the Development Agreement and make a recommendation thereon to the City Council. The Planning Commission shall forward its recommendation to the City Council within thirty (30) days of the time specified for the public hearing. Pursuant to Tustin City Code Section 9613, after the City Council completes the public hearing and considers the recommendation of the Planning Commission, the City Council may accept, modify or disapprove the Development Agreement. Pursuant to Tustin City Code Section 9614, the Development Agreement shall be approved by the adoption of an ordinance. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 6 • Concept Plan: Section 4.2.2 of the MCAS Tustin Specific Plan requires a Concept Plan to be prepared and submitted for Zoning Administrator approval concurrent with a new development proposal. Since the proposal includes other entitlement applications that require City Council approval and to expedite consideration, Concept Plan 2015-003 is forwarded to the Planning Commission and City Council for concurrent consideration. • Subdivision/Tentative Parcel Map: Tustin City Code Section 9321b authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes other entitlement applications that require City Council approval, Tentative Parcel Map 2015-127 is forwarded to City Council for concurrent consideration. • Design Review. Section 4.2.4 of the MCAS Tustin Specific Plan requires each development to submit and obtain approval of a Site Plan and Design Review pursuant to the Tustin City Code following or concurrent with the approval of a Concept Plan. Tustin City Code Section 9272 authorizes the Community Development Director to consider Design Review application; however, since the proposal includes other entitlement applications that require City Council approval, DR 2015-014 is forwarded to City Council for concurrent consideration. • Conditional Use Permits: The proposed specific plan amendment would require approval of a conditional use permit for the proposed acute care/rehabilitation facility. Pursuant to MCAS Tustin Specific Plan Section 3.4.4A requires approval of conditional use permits for drive-thru restaurants and child care centers. Pursuant to MCAS Tustin Specific Plan Section 3.4.4C, the Community Development Director determined that pharmacy drive-thru and bank drive-thru uses are conditionally permitted uses similar to drive-thru restaurant uses. Tustin City Code Section 9291 authorizes the Planning Commission to consider Conditional Use Permit applications; however, since the proposal includes other entitlement applications that require City Council approval, CUPs 2015-11 through 2015-17 and 2015-23 are forwarded to the City Council for concurrent consideration. BACKGROUND AND DISCUSSION: Project Description On August 7, 2012, the City and applicant entered into an Exclusive Agreement to Negotiate (ENA) contract for the development of a commercial center in Planning Area 7. The applicant has proposed to develop The Village at Tustin Legacy, which includes 248,292 square feet of nonresidential uses comprised of two major components as follows (See Figure 1): 1) Retail Center: A 98,292 square -foot retail center with grocery store, pharmacy, childcare, food service, and general retails uses along Valencia Avenue and Kensington Drive. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 7 2) Medical Plaza: A 150,000 square -foot medical plaza with a medical center, an acute care hospital/rehabilitation facility and medical office/retail buildings fronting along Kensington Park Drive and Edinger Avenue. &"Q .a,na .3e»tl .. arbb-cf%ou wotl Rptail center Medical plaza E Md ...,..,.- - adlqFM pA Md - -: �..- ---- adlry•oaS I &md Olaf 3p+0 �+' _ 'u ._, •�" -t-`•� Baby-tO9v' Lem" aa.v ,pw aea llbq two dm^ Iam ltlbd Am= , 1 '� . �„r 'YfMIFGalbifdl 750Dd dsa v I ISpr — i—'-�' " - •�' rorroa, wmd d� `1 ' {j{j{j a _.'�..„J,,�3 •1• ,j; �,tr�WiWe,OFdb NlBltl . p � "m c Ill vaYNroana P N ° ... 9 D QmvK(m= Qi J tam UP d& � 2 „• ' 1l .. ,.., I' � �_� addtp [IfilDllbd0,i1 363 da - Q lOTfI FEOIOID ID17dA vrnabevAovoen r oan mb _J.� f ft F,—eabmuu aRn ladmd a I E*g.A L;tdi tlC 7Eil. r,W [ygpMer 7DW 7Db Fm dp.,mo+w zord .. • - �'• , °'°" as aroemlai rdm� 20, -- `' T— P— Na bbb vw— a! )bbd MD� ate -_-- Figure 1: Site Plan The proposed project is zoned MCAS Tustin Specific Plan District (SP1) and is located on a 22.7 -acre parcel within Planning Area 7, Neighborhood B, of the MCAS Tustin Specific Plan with a Land Use Plan designation of Village Services, and General Plan Land Use designation of WAS Tustin Specific Plan. The site is bounded by Edinger Avenue, Kensington Park Drive, Valencia Avenue and Tustin Ranch Road. xvbuaT. b.ban ' 1 - - z r,� K � PA 3 i= • PROJECT SITE M C CITY OF Cr SANTA ANA • ¢. �. -I i. , + ". �� Figure 2: Tustin Legacy Planning Areas Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 8 The proposed commercoal center is geared towards providing neighborhood commercial services to the surrounding community including Tustin Fields i, Tustin Fields II, Columbus Square, Columbus Grove, Greenwood, Tustin Meadows, Peppertree and nearby nonresidential uses. Figure 3 shows an aerial composite of the proposed commercial center in context with the existing surrounding area. Figure 3: Aerial Composite The applicant proposes to construct the center in three (3) phases. The first phase consists of precise grading and construction of the common areas such as parking lot, landscape areas and portal entries. The second phase will be the construction of all the buildings, with the exception of the acute care/rehabilitation and skilled nursing facility (Building M). Phase 3 will be the construction of the acute care/rehabilitation and skilled nursing facility. Building Key Map Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 9 In addition, the applicant has applied for building addresses for the proposed deve'iopment. Table 1 shows the proposed address assignment, which is acceptable to the City contingent on project approval. Table 1: Building Address Assignment _ Parcel Building / Use Proposed Building Address 1 D / Retail, Major 2 C / Retail, In line 3 E / Retail, Pad 4 F / Retail, In line 5 G / Retail, In line 5 H / Bank, Pad 7 1 / Retail, Pad 8 B / Retail, Anchor 9 A 10 M / Acute Care, 80 beds 11 L Med. Office -Retail 12 K / Med. Office 13 J (Med. Office -Retail 15180 Kensington Park Dr. 15160 Kensington Park Dr. 15190 Kensington Park Dr. 15090 Kensington Park Dr. 15080 Kensington Park Dr. 15060 Kensington Park Dr. 15040 Kensington Park Dr. 15150 Kensington Park Dr. 15140 Kensington Park Dr. 15120 Kensington Park Dr. 15100 Kensington Park Dr 15000 Kensington Park Dr. 15020 Kensington Park Dr, General Plan Conformity Currently, the 22.7 -acre project site is owned by the City of Tustin. The City will enter into a real estate transaction with 1 C Tustin Legacy, LLC (Regency Centers) to allow for the development of the 248,292 square400t neighborhood commercial center. The real estate transaction through the Disposition and Development Agreement (DDA) will be considered separately by the City Council at a later date. Pursuant to Section 65402(c) of the California Government Code (Planning and Development Law), a general plan conformity determination from local planning agencies prior to acquisition or disposition of real property by a local agency is required. The proposed disposition supports General Plan Land Use Element goals and policies as follows: 1. Land Use Element Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses. 4. !._and Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 10 5. Land Use Goal 13: Continue to implement the Specific Plan/Reuse for MCAS Tustin which maximizes the appeal of the site as a mixed use and master planned development. Based upon the City's adopted General Plan, the location, purpose, and extent of the proposed disposition of the project site to 1 C Tustin Legacy, LLC. for the development of a neighborhood commercial center is in conformance with the approved General Plan. The aforementioned findings have been included in Resolution No. 4285. Specific Plan Amendment The applicant is requesting three (3) amendments to the MCAS Tustin Specific Plan related to an unlisted use and building heights. The current MCAS Tustin Specific Plan does not list acute care/rehabilitation and skilled nursing uses as a permitted or conditionally permitted use within Planning Area 7 (MCAS Tustin Specific Plan Section 3.4.4). The proposed acute care/rehabilitation and skilled nursing uses are specialized medical services for patients needing regular monitoring and rehabilitation therapy. Patients managing and/or recovering from conditions such as, but not limited to, surgery, stroke, neurological disorders, and joint replacement may require the type of acute care services and overnight stay proposed in the project. The proposed specific plan amendment would add acute care/rehabilitation uses as a conditionally permitted use within Section 3.4.4A.3, which currently permits general and professional offices including medical office. The current MCAS Tustin Specific Plan allows a maximum building height of forty-five (45) feet for buildings within Planning Area 7. The applicant is proposing to construct a 60,000 square feet, 3 -story medical center building that is fifty-four (54) feet high and a 75,000 square feet, 3 - story acute care/rehabilitation facility that is sixty (60) feet high. The applicant has indicated that the increase in buildings' height is necessary to accommodate specialized ducting, mechanical equipment, air handling equipment and additional floor height to support the proposed medical uses. Therefore, a specific plan amendment is requested to increase the maximum building height for medical center buildings to fifty-five (55) feet and acute care/rehabilitation facilities to sixty (60) feet high. The proposed Draft Ordinance No. 1460 — Specific Plan Amendment (Attachment F, Exhibit B) is consistent with the City Council approved policy for MCAS Tustin, and would not increase the overall development potential, intensity, or non-residential capacity currently allowed by the MCAS Tustin Specific Plan. Development Agreement The MCAS Tustin Specific Plan Section 4.2.9 requires that all individuals proposing private development within the Specific Plan area first obtain a Development Agreement. The purpose of the Development Agreement is to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development. The proposed Draft Ordinance No. 1461 — Development Agreement (Attachment F, Exhibit C) will also ensure orderly implementation of infrastructure in accordance with the Tustin General Plan, MCAS Tustin Specific Plan and Final Program EIR/EIS and Addendum. One section to note in the proposed Development Agreement is Exhibit "C" regarding public benefit improvements. This Development Agreement outlines the City's responsibilities and the applicant's obligations. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 11 The proposed Development Agreement has been reviewed by the applicant, the applicant's counsel, City staff and the City Attorney and all parties are in support of the document. Concept Plan Section 4.2.2 of the MCAS Tustin Specific Plan requires a Concept Plan to be prepared and submitted for Zoning Administrator approval concurrent with a new development proposal. The Concept Plan will establish the planning and design principles guiding the implementation of site layout, landscaping, and architectural design on the site. The purpose of the Concept Pan is to document and ensure that: 1. The necessary linkages are provided between the development project and the Planning Area/Neighborhood in which it is located. 2. The integrity of the Specific Plan and purpose and intent of each Neighborhood is maintained. 3. Applicable considerations of City requirements other than those spelled out in the Specific Plan are identified and satisfied. Concept Plan (CP) 2015-003 provides for conceptual development site layout and design framework for the proposed project. The Concept Plan includes: a conceptual site plan, a grading and utility plan; a phasing plan; and a landscape plan. As proposed, CP 2015-003 has been prepared and submitted concurrently with the proposal to develop the neighborhood commercial center and necessary vehicular and pedestrian linkages. The integrity of the Specific Plan, along with applicable City requirements, have also been demonstrated through submitted plans (Figure 4 and 5). Me SCAPE CORNER PORTAL I d h .entmvn � C`rJF'RV70,iM7p • GEI�EIFR vie Figure 4: Pedestrian Access and Circulation Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 12 The proposed design incorporates pedestrian access throughout the development and provides connectivity to surrounding existing sidewalks. Interior pedestrian access is accomplished with paths through the parking lot and along buildings, cross walks, and landscape areas. In addition, bike rack locations are shown on the plans and serves to encourage residents in the surrounding neighborhood to utilize alternative transportation methods. The proposed perimeter pedestrian circulation is designed to optimize the streetscape of the neighborhood commercial center. The MCAS Tustin Specific Plan identifies that landscape setback areas should have a parkway located between the street and sidewalk. The proposed public sidewalks are adjacent to the street and the planting areas within the remaining landscape setback adjoins the perimeter landscaping area of the commercial center, which increases the planting design opportunities and brings focus to the commercial center. This design strategy is consistent with the intent of the MCAS Tustin Specific Plan in that the community structure is maintained through quality landscaping, visual interest and emphasizing the availability of village services through a neighborhood commercial center. Figure 5: Conceptual Landscape A comprehensive landscape plan is proposed and addresses Specific Plan requirements such as portal entry treatments, viewscapes, landscape setbacks, patio areas and courtyard areas. The proposed landscaping is comprised of ornamental drought tolerant plans, entry accent trees, specimen trees located at focal points, and plant color palette based on leaf color instead of flower color. Figures 6 and 7 show the conceptual landscape plant and material palette and the proposed portal entry features and plaza treatments. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 13 I Fic A 4nF :.n �K •. w ate. .... kif+J7dti MWW6M b'm. 4bM EM - — . Map�1bM o.0 w.mao..v�w�+. r.rva.. moa rm�cw.aw.c.n bay �pwLCt+ Y'�w �.� fV1 1Ou w. ma m w ua� w�r.onibpoa�bo r.bamrro.� od uaa �.o,...e�.m Mp ew.ha.n ro. aoY IDUo< + Ir' lure 6: Conceptual Landscape Plant and Material Palette The hardscape elements include enhanced paving, dry creek features, and fieldstone walls and are proposed at visually prominent locations such as portal intersections, plazas and protect entries. This design strategy is consistent with the WAS Tustin Specific Plan. ._,..____ ice,. . •.pis Iry z �. PRIMARY COMMUNITY ENTRY PORTAL INTERSECTION II C k' `: Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 14 Design Review Section 4.2.4 of the MCAS Tustin Specific Plan requires applicants for each development to submit and obtain approval of a Site Plan and Design Review pursuant to the Tustin City Code following or concurrent with the approval of a Concept Plan. Design Review 2015-014 provides for the site layout and architectura design of the proposed neighborhood commercial center. There are two major components in the proposed development, the south half is 98,292 square feet of retail use and the north half is 150,000 square feet of medical office, acute care and retail uses. The primary project entry is located along Kensington Park Drive, at the Georgia Street intersection continuing towards the rear of the project, and serves to delineate the general retail area from the medical office area. The site plan is designed to have buildings located along the project perimeter, with the majority of the parking lot located internally. The resulting streetscape is an engaging view of the project that communicates the availability and accessibility of various retail and services for the community. Retail Center The retail center is located on the south half of the project site, between Kensington Park Drive, Valencia Avenue and _@ ustin Ranch Road, south of the main entry at Georgia Street. This side of the development contains approximately 98,292 square feet among nine (9) buildings (Buildings A through 1). The proposed businesses in this area inc"rude a grocery store, preschool and childcare, drug store pharmacy, restaurants, retail bank, and general retail. Buildings C, F, G and I are intended to have multiple inline commercial tenants. The "Contemporary Barn" or "Contemporary Rustic" architecture style proposed for this area borrows inspiration from the industrial aesthetics of the nearby blimp hangars to the agricultural farmlands that surrounded the site in the early 1900s. The proposed material palette further exhibits this influence with the use of metal roofing and sidings, rich colored board and batten vertical sidings, rusticated stone veneer, barn door features, louvers and lattices (See Attachment D). The images below provide a series of renderings of the larger elevations and view perspectives. Complete plans are included as Attachment D. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 15 u lilt uu� Plaza at Valencia/Kensington The proposed grocery store (See Figure 8) incorporates multiple roof planes, architectural eaves, stone veneer, board and batten siding, and metal roofs. The proposed colors are deep brown with contrasting accent colors on the windows, roof and fascia. To ensure the rear of the buildings facing Tustin Ranch Road has street appeal rather than the look of back of buildings, a Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 16 condition has been placed to require the rear elevation of the grocery store to be enhanced with additional roof elements and architectural detail on loading dock screening. 1 Figure 8: Store (Building B) Other buildings in the retail center area carry on the contemporary barn design, utilizing varying combinations and application of the proposed materials and colors. For example, Building A (Figure 9), located adjacent to the grocery store, continues the contemporary rustic look with fiber cement board and batten siding in soft two-tone colors. In addition, pitched roof and roof vent features are in keeping with the "contemporary barn" style. Figure 9: Preschool / Childcare (Building A) Buildings E and I (Figures 10 and 11) incorporate curved roof elements, which create an even more contemporary look while evoking the military history of Tustin Legacy. The use of metal siding and stone veneer creates a progressive look. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 17 r w R,..� EAST ■erg Irrl ��1, _ _- ���'�t14 • Figure 10: Nv, ng 0., EAST m SOUTH L: to 11'r.� yettai��l�a��� llfti�� rn7lir®� Figure 11: Inline Retail (Building 1) Several buildings are designed with drive-thru or an option for a drive-thru. For example, Building I (Figure 12) is currently proposed to be an inline tenant building with the potential of four (4) tenant spaces. The applicant has indicated that Building I may be changed to be a restaurant drive-thru building, identified as Building - I Option, and has submitted a proposed site plan and conditional use permit request for a drive-thru use. Further discussion related to the drive-thru can be found in the Conditional Use Permit section of this report. BLDG - I Option LAND USE 'MDR'-- __, pari �.� - � .+'.`Il � � - ♦' e l, _ t qLvc s Figure 12: Building I — Option Site Plan Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 18 The proposed drug store (Building D, Figure 13) is located in the corner of the prominent intersection of Valencia Avenue and Tustin Ranch Road. The proposed building is intended to house a CVS Pharmacy store with drive-thru. The building will include a loading bay and drive-thru window on the rear elevation, which is visible from Tustin Ranch Road. The applicant has proposed a variety of architectural details throughout the building elevations including stone veneer, metal siding, and covered walk ways. Staff has concerns related to architecture of this building and the location of the loading bay that is readily visible from Valencia Avenue and Tustin Ranch Roach. Accordingly, the rear loading dock screening wall will be conditioned to mirror the architectural features utilized on the west building elevations, including solid wall construction, board and batten siding, louvers, and metal eaves. Additionally, as conditioned, the loading dock will have architecturally compatible gates at the entrance that will be closed when the loading dock is not in use. FLOOR PLAN cav�:rxron vecu.avn ....oa+.cs iaw.mn vcnaw.a n. v Figure 13: Pharmacy w/ Drive-thru (Building D) Medical Plaza wI-oa+r-v,.on rMl� 19 A-7 The north side of the development is comprised of the 150,000 square feet medical plaza with four (4) buildings, including a three-story medical center (Building K), a three-story acute care/rehabilitation facility (Building M) and two single -story medical office/retail buildings (Buildings J and L). These buildings incorporate a similar color and material palette as the retail center to the south but uses a more contemporary architectural style, utilizing sleek building lines and contrasts of light and heavy elements. Multiple roof elements, varying parapet wall heights, varying wall ELEVATIONS i.rnloe w..ra�us ®...raw. ® n 0n ®.,.,rrn .e.. O. r. mmme r... wux caan 8 o.nr.r...�. n.:aci..vwor.w. �ruwa.w.:.rn �Lor.'a v.n.pmwol O�tu...lw.. rw•ae. ®•du...'Vmn..une.0. 0 -..-- ID ® �L`J s..�_ � �+_V ar mY1•oOi. ROOF PLAN � lWgwi..wr4� C,....ww w.orwcrm.ar DEVELOPMENT APPUCATIONNUIL Figure 13: Pharmacy w/ Drive-thru (Building D) Medical Plaza wI-oa+r-v,.on rMl� 19 A-7 The north side of the development is comprised of the 150,000 square feet medical plaza with four (4) buildings, including a three-story medical center (Building K), a three-story acute care/rehabilitation facility (Building M) and two single -story medical office/retail buildings (Buildings J and L). These buildings incorporate a similar color and material palette as the retail center to the south but uses a more contemporary architectural style, utilizing sleek building lines and contrasts of light and heavy elements. Multiple roof elements, varying parapet wall heights, varying wall Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 19 planes, expanses of glass windows and metal or stone siding create variations and visual interest in the building facade. �s tINllIla- - Figure 14: Medical Office/Retail (Building J) Figure 15: Medical Center (Building K) The proposed Medical Center (Building K) is a three-story building with 60,000 square feet of medical office space, which is planned to be occupied by Hoag Health Center. The purpose of the Medical Center is to provide comprehensive and integrated medical services to the surrounding community. The proposed facility will include uses such as doctors' offices and associated medical services such as urgent care, pediatrics, family medicine, internal medicine, specialty medicine, laboratory, outpatient procedures, and physical and occupational therapy. The proposed acute care/rehabilitation facility (Building M) is intended to serve medical patients who no longer need general hospital services but still require monitoring and/or regular rehabilitation therapy. The proposed facility includes eighty (80) beds with areas for treatment, administration, and general patient support. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 20 iiiiiiimi WIIII I iiii"M 11- / //mug. Figure 16: Acute Care/Rehabilitation Facility (Building M) The MCAS Tustin Specific Plan currently states that the maximum building height for Planning Area 7 is forty-five (45) feet. The applicant has requested an increase in allowable building height for Building K to be fifty-four (54) feet and sixty (60) feet for Building M. The additional building height is required to accommodate the increased floor height needed for the specialized ducting and mechanical equipment to support the medical uses. The additional building height is appropriate for the project site since the site abuts Edinger Avenue (a major thoroughfare) and is adjacent to elevated Tustin Ranch Road. The two medical buildings architecture has been conditioned to utilize warmer colors; stones and tiles; and modify and add focal interest along the plan north and west elevation, respectively, to complement the retail buildings architecture. Parking and Floor Area Ratio The proposed commercial center includes a total of 1,091 parking spaces. Although the drive approaches and drive aisles will appear to be seamless to the user, the parking areas for the Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 21 retail center will be considered separate from the medical plaza parking. For the underlying parking count, legal parcelization and actual patron use, persons frequenting the retail center are not expected to park at the medical plaza area, and vice versa. The 98,292 square -foot retail center requires 437 parking spaces based on the ratio of one (1) parking space for each 225 square feet of gross floor area. Each parcel has been designed to be self -parked and provides the minimum required number of parking spaces for the building located on the parcel. As conditioned, the applicant will record reciprocal access and parking easements and include provisions within a Covenants, Conditions & Restrictions document that ensure the parking lot is common space available to the retail center as a whole. The parking for the proposed medical plaza is based on parking ratio requirements for medical uses since the plaza would function as a medical complex rather than a commercial/retail complex. The medical plaza requires 610 parking spaces based on the parking ratio of six (6) spaces for every 1,000 square feet for medical office uses and two (2) spaces for every bed for the acute care facility/hospital use. There are 619 parking spaces provided in the medical plaza. With the exception of the Medical Center building (Building K, Parcel 10), each property contains at least the minimum number of required parking spaces. The applicant has applied for a Joint Use Parking Conditional Use Permit to allow joint use parking among the medical plaza buildings and is discussed further in this staff report. The Table 2 provides square footage, use, floor -area ratio and parking information for the proposed commercial center according to parcel. Table 2: Project Statistics Parcel Parcel Area Building/ Use Building Floor Max Proposed Parking Parking (sf) Area (sf) F.A.R. F.A.R. Required Proposed 1 69,696 D / Retail, Major 14,576 0.35 0.21 64.8 74 2 30,056 C / Retail, In line 4,500 0.35 0.15 20.0 25 3 28,750 E/Retail, Pad 3,300 0.35 0.11 14.7 15 4 35,719 F /Retail, In line 6,000 0.35 0.17 26.7 28 5 45,302 G / Retail, In line 8,763 0.35 0.19 38.9 45 6 36,572 H / Bank, Pad 3,324 0.35 0.09 14.8 16 7 30,928 I / Retail, Pad 6,000 0.35 0.19 26.7 28 8 175,111 B / Retail, Anchor 43,829 0.35 0.25 194.8 204 9 48,787 A/ School, daycare 8,000 0.25 0.16 35.6 37 Sub. TTL 500,921 98,292 436.9 472 10 152,896 M / Acute Care, 80 beds 75,000 0.50 0.49 160.0 201 11 39,640 L / Med. Offi ce-Reta i 1 6,450 0.35 0.16 38.7 49 12 175,982 K / Med. Center 60,000 0.50 0.34 360.0 312 13 51,836 J / Med. Offi ce-Reta i 1 8,550 0.35 0.16 51.3 57 Sub. TTL 420,354 150,000 610.0 619 Total 921,275 248,292 1,046.9 1,091 As proposed, each parcel is within the maximum floor -area ratio standard stated in the MCAS Tustin Specific Plan. The proposed buildings, with the exception of Building K, provide the required minimum number of parking spaces within its respective parcel and applicant has requested a joint use parking conditional use permit for the medical plaza area. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 22 Tentative Parcel Map Tentative Parcel Map 2015-127 is a subdivision of an approximately 22.7 acre site into thirteen (13) numbered lots and four (4) lettered lots for the development of the neighborhood commercial center (Attachment D). The proposed parcel map would create one lot for each proposed building on the property. Also included in the map are proposed easements for sewer, water, and roadway. Reciprocal access easements will be recorded across the parcels in the project's Covenants, Conditions and Restrictions (CC&R). The proposed lettered lots would remain as City -owned properties and ownership of the numbered lots would be transferred to the applicant. Tustin City Code Section 9231 B authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes other entitlement applications that require City Council approval, TPM 2015-127 is to be forwarded to City Council for concurrent consideration. Conditional Use Permits The applicant has applied for several conditional use permits including acute care/rehabilitation, pharmacy drive-thru, retail commercial drive-thru, childcare use and a master sign plan. • CUP 2015-11 —Acute care/Rehabilitation (Building M): The conditional use permit a request is to allow the development of a 75,000 square -foot acute care/rehabilitation/convalescent care facility, subject to approval of the proposed Specific Plan Amendment. The facility will include eighty (80) beds and provide medical services that fill a continuum of care need. The facility will provide multiple levels of care such as acute rehabilitation, skilled nursing and assisted living. Patients requiring acute care/rehabilitation or skilled nursing services may be dealing with chemical dependency, stroke recovery, dementia, palliative care needs, physical injuries or surgery recovery but do not need to be admitted to a general hospital facility. The facility is not intended to provide health services typically found in a general hospital setting such as emergency room services, surgery/operation rooms, trauma center, labor and delivery and intensive care units. Patients typically stay at these types of facilities for approximately twenty (20) days or less. Patients would be provided 24-hour care, but most of the activities would occur between 7:00 a.m. and 8:00 p.m. The facility can also provide convalescent care, assisted living care and memory care. The facility would be regulated by the California Department of Health Services and require a license to operate and provide healthcare services based on regulatory and operational requirements. In addition, building permits for this facility would be obtained through the California Office of Statewide Healthcare and Planning. The applicant has indicated that new health care concept includes placement of health related offices and amenities within commercial centers. This concept allows for a symbiotic relationship among uses providing mutual benefits to the health plaza and retail establishments. Findings to support this Conditional Use Permit are included in the draft resolution (Attachment G). Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 23 • CUP 2015-12 - Pharmacy Drive-Thru (Building D): The proposed conditional use permit is to allow a pharmacy drive-thru use, associated with a 14,576 square -foot pharmacy/drug store building. The drive-thru will be a single lane with signage above the canopy and located in the east corner of the building, near the proposed loading dock and Tustin Ranch Road. As proposed and conditioned, the drive-thru window will be used only for prescription drop- off and pickup and purchasing over-the-counter medicine and that general merchandise will not be sold through the drive-thru. The drive-thru will utilize a voice enhanced microphone system that will project sound in a limited radius to protect patient privacy and minimize noise impacts. The noise resulting from the proposed drive-thru use is not expected to generate negative impacts to the surrounding uses since the drive-thru is located away from front entrances of other retail spaces and residential areas. As conditioned, the drive-thru window will be used for prescription and over-the-counter medicine purchases only. Noise impacts and/or conflicts with the loading dock operations shall be mitigated. • CUPs 2015-13, 2015-14 and 2015-15 - Retail Commercial Drive-Thru (Buildings E, H, I -Alternate use): The proposed conditional use permits are to allow for three (3) commercial/retail drive=thru uses. CUP 2015-13 is for Building E (Figure 17), which is proposed to be a 24-hour restaurant drive-thru use. The proposed Building E is located along Valencia Avenue. The drive-thru configuration includes stacking space for at least seven (7) vehicles. The proposed use is not expected to create noise impacts to the surrounding uses since the building is a pad building and located away from residential uses. As proposed, the drive-thru for Building E will be a 24-hour operation. CUP 2015-14 is for Building H (Figure 18), which is proposed to be an ATM drive-thru in association with a 3,324 square -foot retail bank building. The proposed drive-thru ATM includes at least stacking space for seven (7) vehicles in the single drive-thru lane as required by Tustin City Code. The drive -up ATM is located on the exterior building wall, under the proposed canopy on the southwest side of the building. As conditioned, the drive -up ATM area will be adequately lit to provide visibility and additional security elements for patrons. Figure 17: Commercial Drive-Thru Building E ATM Figure 18: Commercial Drive-Thru Building H Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 24 CUP 2015-15 is for Building I (Figure 19), which is proposed to be a restaurant drive-thru under the alternative building design options. The current proposal for Building I is to construct a 6,000 square - foot building with inline tenants. The applicant has presented an alternative configuration for Building I including a 4,500 square -foot building with a drive-thru component. The proposed alternative design includes stacking space for at least seven (7) vehicles, with the drive-thru entrance and order microphone oriented towards interior parking lot area. This design will minimize traffic and noise impacts to the residential uses across Kensington Park Drive. Figure 19: Commercial Drive - The applicant has requested a conditional use permit Thru Alternative Building I approval for a drive-thru use at this time in order to simplify and expedite the entitlement process should a drive-thru configuration and use be proposed in the future. As conditioned, a new design review application and approval will be required if a drive-thru is eventually proposed. Stand-alone design review applications may be submitted concurrently with building plancheck and subject to review and approval by the Community Development Director. • CUP 2015-16 — Master Sign Plan: The proposed master sign plan (Attachment L, Exhibit B) is a comprehensive program to address signage requirements for The Village at Tustin Legacy. The sign program includes sign configurations and dimensions that differ from the City Sign Code. Pursuant to WAS Tustin Specific Plan Section 3.12.1.E, an applicant may provide for a comprehensive sign plan that differs from the Tustin Sign Code standards upon submittal and approval of a Conditional Use Permit. The proposed master sign plan takes into account the variety of architectural features throughout the project and created signage standards that establish project identity through enhanced and themed center -wide signage, enhance building fagades and allows for creative sign design. The proposed master sign plan addresses center identification signage, supergraphic signs, a pylon sign, portal entry signs, tenant signage and wayfinding signage. Center identification signage is proposed in prominent locations such as street intersections, project entries and along thoroughfares. - 11 LA � manw�rs s.t srsv�sa woo.,, f1t M[OM,YttfDa1 — n�cracutnm.atwmwnnro ME. -IN SIGN AT STONE VENEER WALL - m ILIVAinomra . roo Donn oi,yrt,cw —... Figure 20: Retail Plaza Corner Sign at Valencia AveJ Kensington Park Dr. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 25 The sign shown in Figure 20 is proposed for southeast corner of the Valencia Avenue and Kensington Park Drive intersection. The signage will be comprised of dimensional letters, installed on the various wall surfaces and be externally lit. The proposed signage creates a high end and sophisticated look by taking advantage of the wall's 3-dimensional features, shadow effects and varying surface textures. The master sign plan also proposes a pylon sign at the rear of the property, near Tustin Ranch Road and the acute care/rehabilitation facility (Building M). The pylon sign is proposed to be thirty-three (33) feet high, measured from grade and is located approximately thirty-five (35) feet from Tustin Ranch Road. As proposed, the pylon sign will be from Tustin Ranch Road visible (approximately 12 feet high from the Tustin Ranch Road grade elevation) and identify the center and a medical anchor tenant (Figure 21). �ER.;f'E E r rATION Figure 21: Pylon Sign The master sign plan also proposes supergraphic signage (Figure 22) on Building I. The proposed sign includes two square panels that are 15 feet long each. The intent of this space would be to feature seasonal/holiday graphics, community events, or charitable events. This type of signage provides opportunities for increased visibility, periodic aesthetic changes and community benefit all within an established format. IS' max. Figure 22: Supergraphic Feature Ak ��y E; -... - . The master sign plan incorporates standards for tenant signage that encourage creative and high-end designs and includes design guidelines. Tenant signs may utilize various material such as sculpted wood, fabricated steel or metal mesh to create unique and expressive wall s,,gnage. Signage sighting may also serve to enhance the sign through halo lighting, gooseneck Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 26 lighting or silhouette illumination. The master sign plan further promotes high quality signage by including a page with sample signage and ;fighting designs. MUd D6nensional Letlen - Eeenw'y lb TIN modern concepts salon " `�--� �plebees _ ��.,- . .....moi - .. ... U LTA h l 1 U T Y C��pot';e j, gat&t u 17 Figure 23: Examples of sign design and lighting The proposed master sign program is unique for the center and caters to various sign elements. The deviation from typical sign size, location, height, and type of graphic are appropriate for the center and complement the proposed modern barn like architecture. • CUP 2015-17 — Preschool/Childcare (Building A): The proposed preschool and childcare use involves an 8,000 square -foot building and a minimum 10,968 square feet of outdoor play area. The proposed tenant is Great Foundations Montessori. The proposed use will p,ovide the community with additional childcare options and have an enrollment capacity of a total of 146 children, including 138 children aged 2 years to 6 years and 8 infants aged six weeks to 24 months old. A total of seventeen (17) staff members will be employed at the childcare center. The childcare facility is proposed to have one (1) room for infants, six (6) rooms for preschool children, offices, reception area, kitchen, storage and restrooms. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 27 Figure 24: Preschool/Childcare (Building A) The proposed childcare center intends to utilize policies, procedures and the Procare Software's Keyless Entry System to implement controlled access to the facility and ensure safetey. Parents and staff members will be assigned personal identification number (PIN) codes to use on the Entry System. The Entry System will disengage a magnetic lock on the doors to allow entry to authorized staff and families. Guests without a PIN code will use the "Guest Doorbell" to alert staff that a visitor is requesting entry. Peak drop-off and pickup hours will also be physically monitored by staff. Parking spaces are provided adjacent to the building and allows for convenient drop-off and pickup of children from the facility. The proposed business hours for the childcare facility are 7:00 a.m. to 6:00 p.m., Monday through Friday. The childcare location is not adjacent to residential uses, and therefore noise impacts to residents are not anticipated. The acute care/rehabilitation facility is located near the proposed daycare facility, however impacts to facility patients are not anticipated since the childcare facility is separated by parking area and drive aisle will be closed between 6:00 p.m. and 7:00 a.m. As conditioned, the preschool and childcare use will maintain a maximum enrollment or 146 children, is subject to the City's Noise Ordinance and will be required to develop and implement a drop-off and pickup policy. • CUP 2015-23 — Joint Use Parking (Parcels 10, 11, 12 and 13): The applicant has requested a Joint Use Parking Conditional Use Permit for the Medica' Plaza (Parcels 10, 11, 12 and 13). The Medical Plaza area requires 610 parking spaces for the four buildings comprising of 150,000 square feet of gross floor area. The proposed site plan provides 619 parking spaces, which exceeds the minimum number required for the medical plaza as a whole. However, the Medical Center building (Building K, Parcel 12) requires 360 parking spaces but provides 312 parking spaces within its parcel. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 28 The applicant has submitted a parking study (Attachment F, Exhibit A) that analyses parking for shared parking within the Medical Plaza, including peak demand for the variety of uses in the Plaza. The study states that the peak weekday use would generate a demand of 598 parking spaces and a weekend use demand of 584 parking spaces. Based on the analysis, the Medical Plaza's proposed 619 parking spaces will accommodate the proposed medical uses. As conditioned, a reciprocal access and parking easement will be required for Parcels 10, 11, 12 and 13. In addition, a provision addressing shared parking in the CC&R will be required. Noise The applicant submitted a noise analysis (Attachment F, Exhibit A) that studied the levels from existing conditions and levels resulting from the development and operation of the proposed commercial center. The study accounted for exterior noise generated from vehicle traffic and railroad operations. The study states that changes in noise levels greater than 3 decibels (dB) are often identified as significant and changes less than 1 dB will not be discernible to local residents. In the range of 1 to 3 dB, residents who are very sensitive to noise may perceive a slight change. According to the study, there would be no increases in traffic noise level greater than 3dB due to the project, and therefore the project will not result in significant traffic noise impacts since the increase in noise levels will not likely be discernible to the general public. Table 8 of the noise analysis report shows the maximum noise exposure levels allowed for each building and the "worst case noise exposure" levels. The City of Tustin Noise Ordinance (TCC Section 4614(b)(5)) states that exterior noise levels that are 20 dB above the Noise Zone standard are considered a violation of the Noise Ordinance. The report states that the noise level at Buildings K and L, which are located along Edinger Avenue, exceed the 20 dB threshold and the buildings will require further studies with detailed engineering calculations to determine the type of construction design and materials needed to adequately attenuate noise. As conditioned, the applicant must submit updated studies for Buildings K and L and demonstrate that the building design adequately reduces noise levels. Other Agencies Input In compliance with State Subdivision Map Act, the City sent out letters along with a copy of the Tentative Tract Map of affected agencies. In response, three (3) agencies provided comments (Attachment E). • RSCCD Comment: The Rancho Santiago Community College District (RSCCD) inquiring if the construction operation or ongoing operation of the project will impact traffic along Warner Avenue or Armstrong. The College District also asked that they be notified on subsequent development steps, including further planning and environmental notices for approval. City Response: The project site is surrounded by Edinger Avenue to the north, Tustin Ranch Road to the east, Valencia Avenue to the south and Kensington Park to the west. Construction and operation traffic are anticipated to utilize these major streets. Therefore, it is not anticipated for the construction and post construction (operation) traffic to pose any traffic impact along Warner or Armstrong Avenue. RSCCD has been added to the mailing list of future planning and environmental notices of this project. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 29 • SCE Comment: Southern California Edison (SCE) advised that the proposed map will not be unreasonably interfered with the free and complete exercise of any easements and/or facilities held by SCE. In the event that the development requires relocation of facilities on the property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. City Response: Comment noted and a condition of approval related to SCE facilities relocation if any. City of Irvine Comment: The City of Irvine (COI) requested that the City of Tustin confirm that the proposed land uses are consistent with the City of Tustin's approved specific plan and future Specific Plan Amendment. In addition, COI asked for clarification if the improvements along Valencia, Kensington Park Drive and Edinger Avenue will be completed in the interim year when the 98,292 SF of commercial retail is expected to be completed to ensure that intersection improvements in the City of Irvine's traffic model are updated to reflect the expected conditions. City Response: The proposed land uses at the project site are consistent with the MCAS Tustin Specific Plan and future Tustin Legacy Specific Plan Amendment. All improvements along Valencia, Kensington Park Drive and Edinger Avenue will be completed upon the completion of the commercial retail portion of the project site as per the Disposition and Development Agreement (DDA) for the project. Environmental Review On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On May 21, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the Final EIS/EIR in conjunction with the South Orange County Community College District project. The Final EIS/EIR as amended by the Supplement and the Addendums is referred to herein as the "FEIS/EIR." The FEIS/EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendums and Supplement considered the potential environmental impacts associated with development on the former MCAS Tustin. The applicant submitted a focused traffic analysis and trip generation study that specifically looked at the traffic patterns and volumes of the proposed development. The Public Works Department reviewed the studies and determined that the proposed development is within the thresholds identified in the FEIS/EIR. An Environmental Checklist (Attachment F, Exhibit A) has been prepared and concluded that the proposed actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. Planning Commission Report August 25, 2015 The Village at Tustin Legacy Page 30 CONCLUSION The proposed General Plan Conformity, SPA 2015-02, DA 2015-001, CP 2015-003, SUB 2015- 03/TPM 2015-127, DR 2015-014, CUPs 2015-11 through 2015-17 and CUP 2015-23 are consistent with the MCAS Tustin Specific Plan and the General Plan and would not have any significant impact to the overall development potential currently allowed. Accordingly, staff recommends that the Planning Commission recommend the City Council to approve General Plan Conformity, SPA 2015-02, DA 2015-001, CP 2015-003, SUB 2015-03/TPM 2015-127, DR 2015-014, CUPs 2015-11 through 2015-17 and CUP 2015-23. dmelynne . Hutter Senior Planner Attachments: Elizabeth A. Binsack Director of Community Development A. Location Map B. Land Use Fact Sheet C. Applicant's Project Description D. Submitted Plans E. Other Agency Comments F. Resolution No. 4285: SPA 2015-02, DA 2015-001, CP 2015-003, SUB 2015-03/TPM 2015- 127, DR 2015-014; Project -wide resolution • Exhibit A: Environmental Checklist, Parking Study, and Noise Study • Exhibit B: Draft Ordinance No. 1460; Specific Plan Amendment • Exhibit C: Draft Ordinance No. 1461; Development Agreement • Exhibit D: Conditions of Approval G. Resolution No. 4286: CUP 2015-11; Acute care/Rehabilitation, 15120 Kensington Park Dr. H. Resolution No. 4287: CUP 2015-12; Pharmacy Drive-Thru, 15180 Kensington Park Dr. I. Resolution No. 4288: CUP 2015-13; Restaurant Drive-Thru use, 15190 Kensington Park Dr. J. Resolution No. 4289: CUP 2015-14; Bank Drive-Thru, 15060 Kensington Park Dr. K. Resolution No. 4290: CUP 2015-15; Restaurant Drive-Thru, 15040 Kensington Park Dr. L. Resolution No. 4291: CUP 2015-16; Master Sign Plan • Exhibit A: Conditions of Approval • Exhibit B: Master Sign Plan Document M. Resolution No. 4292: CUP 2015-17; Preschool/Childcare use, 15140 Kensington Park Dr. N. Resolution No. 4293: CUP 2015-23; Joint Use Parking, 15000, 15020, 15100 and 15120 Kensington Park Dr. ATTACHMENT A Location Map LOCATION MAP THE VILLAGE AT TUSTIN LEGACY MCAS TUSTIN SPECIFIC PLAN PLANNING AREA i h =p�CRtEMS WY&loqr WY G ~gr !0�. 300' R q 500' v� `1y PROJECT SITE ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): SPA 2015-02, DA 2015-001, CP 2015-003, SUB 2015-03lrPM 2015-127, DR 2015-014, CUP 2015-11 THROUGH 2015-17, AND CUP 2015-23 2. LOCATION: PLANNING AREA 7, MCAS TUSTIN SPECIFIC PLAN 3. ADDRESS: 15000, 15020, 15040, 15060, 15080, 15909, 15100, 15120, 15140, 15150, 15160. 15180 AND 15190 KENSINGTON PARK DRIVE. 4. APN(S): 430-391-18, 430-391-39, 430-391-41 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: Residential SOUTH: Vacant land EAST: Vacant land WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Planned Community Residential (PCR) SOUTH: MCAS Tustin Specific Plan (SP1) EAST: MCAS Tustin Specific Plan (SP1) WEST: MCAS Tustin Specific Plan (SP1) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Residential SOUTH: MCAS Tustin Specific Plan EAST: MCAS Tustin Specific Plan WEST: MCAS Tustin Specific Plan 9. SITE LAND USE: EXISTING PROPOSED Use: Vacant Commercial Retail / Office Zoning: MCAS Tustin Specific Plan District No Change General Plan: MCAS Tustin Specific Plan No Change DEVELOPMENT FACTS: EXISTING PROPOSED 10. LOT AREA: 22.7 ac. N/A 11. FLOOR -AREA RATIO: 0_5 max. permitted 0.49 max. 12. GROSS FLOOR AREA: 0 sf 248.292 sf 12. SITE LANDSCAPING SETBACKS: EDINGER AVE. 20 feet required 30 feet TUSTIN RANCH ROAD 30 feet required 33 feet NORTH LOOP ROAD 30 feet required 30 feet (VALENCIA AVE.) WEST CONNECTOR 20 feet required 21 feet (KENSINGTON PARK DR.) 14. PARKING: 1:225 sf 1,091 spaces 1,049 spaces required 15. BUILDING HEIGHT: 45 feet Varies 16. BUILDING SETBACKS: REQUIRED EDINGER AVE. 20 feet 45 feet TUSTIN RANCH ROAD 30 feet 86 feet NORTH LOOP ROAD 25 feet 30 feet (VALENCIA AVE.) WEST CONNECTOR 20 feet 20 feet (KENSINGTON PARK DR.) 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A ATTACHMENT C Applicant's Project Description The Village at Tustin Legacy Project Description and Justification Statement Updated July 20, 2015 I. Introduction The proposed project site is comprised of Lot 1 and two lettered lots of Tract 17404. The project site is approximately 22.7 gross acres located within the MCAS Tustin Specific Plan (Tustin Legacy) boundaries, defined as Disposition Parcel 1C. The project site is bounded by Edinger Avenue to the east, Tustin Ranch Road to the south, Valencia Avenue to the west, and Kensington Park Drive to the north. The project is located within the MCAS Specific Plan, within Planning Area 7 of Neighborhood B (Village Services). The project site is comprised of three parcels: Assessor's Parcel Number 430- 391-18,-39, and -41, also described as Lots 1, X, and Y of Tract 17404. Regency Centers (applicant) is proposing the development of a multiple use commercial center. II. Project Description The proposed project, The Village at Tustin Legacy, consists of an application for a Specific Plan Amendment, Concept Plan/Design Review, Development Agreement, Tentative Parcel Map, and a number of Conditional Use Permits for the purpose of developing a commercial center. The project consists of a multiple -use commercial center with a total of 248,292 square feet of commercial/office uses comprised of two major components: • a retail center with grocery, daycare, food uses, bank, general retail and drugstore fronting on Valencia Avenue and Kensington Park Drive; and • a medical office and an acute care hospital/rehabilitation facility fronting on Kensington Park Drive. A number of the uses include a drive-thru element, which requires a Conditional Use Permit. In addition, Conditional Use Permits are required for the proposed childcare center, acute care/rehabilitation center, a master sign program, and shared/reciprocal parking for the medical campus. The Village at Tustin Legacy Project Description Phasing The project will generally be completed in three phases. • Phase 1— Site grading and common area site work • Phase 2 — Vertical construction of all buildings, except the 80 bed acute rehabilitation medical building • Phase 3 —Vertical construction of the acute rehabilitation medical building Construction is anticipated to start in 2016. Full build -out will be completed in three to 5 years from the start of construction. Site Access The project will take access at the following locations: • Edinger Avenue: Single point of access. Right-in/right-out driveway • Kensington Park Drive: Two points of access. One full movement access point at the existing traffic signal, and a second full movement driveway into the retail center; and • Valencia Avenue: Two points of access. One right-in/right-out driveway, and a central driveway with right-in/right-out and left -out movements. As shown on the attached site plans in more detail the proposed uses are detailed below (refer to Site Plan for additional detail): Table 1 Project Summary General Retail/Food Service - C, E, F, G, 1 28,563* Market B 43,829 Drug Store/Pharmacy w/ drive-thru D 14,576 Bank/Financial Institution w/ drive-thru H 3,324 Childcare Center/School A 8,000** Subtotal 98,292 Medical Office/Retail J, L 15,000 Medical Office K 60,000 Acute Care/Rehabilitation M 75,000 (80 Beds) Subtotal 150,000 TOTAL 248,292 Notes: * Represents maximum square footage. If the alternative for Building I is implemented (with a drive-thru) the total will be reduced by 1,500 sf for a total General Retail/Food Service of 27,063 sf. **Childcare center also includes a 10,968 square foot playground/outdoor play area (minimum). The Village at Tustin Legacy Project Description infrastructure Improvements to the public right-of-way are proposed for Valencia Avenue (addition of a right turn lane into the two project driveways and median modifications), Kensington Park Drive (striping modifications and parkway improvements), and Edinger Avenue (right turn lane). In addition, traffic signal modifications are proposed at the Valencia/Kensington Park Drive intersection and Kensington Park Drive/Georgia intersection. Infrastructure, including water, sewer, and storm drain, will be extended into the site from existing utilities in adjacent roads. Structural BMPs are proposed on-site to comply with water quality requirements as outlined in the attached Water Quality Management Plan. Grading The grading plan results in a total of 19,400 cubic yards (cy) of cut and fill, with 19,790 cy of net import to provide for acceptable fill material under proposed structures. Parking The MCAS Tustin Specific Plan outlines parking requirements for PA 7 Village Services. As the proposed plan differs in emphasis from a typical shopping center due to the medical uses, standard parking rates from the Tustin Code were utilized as shown below for the proposed medical uses. The property exceeds its required parking. No reciprocal parking/shared parking is assumed between the medical campus (Building K, L, and M) and the retail center (Buildings A-1). As part of the entitlement applications a Conditional Use Permit is requested to allow for shared/reciprocal parking for the medical office campus, subject to the provisions of the submitted Parking Management Plan prepared by LLG and dated July 17, 2015. A reciprocal parking easement or other similar mechanism will be recorded as part of the medical campus CC&Rs as discussed in the CUP description below. A parking management plan has been provided as part of the submittal. Retail Center A through 1 1 space per 225 sf* 437 472 Medical Office J, K, L 6 spaces per 1000 sf 450 459 Acute Care M 2 spaces per bed 160 160 Total I 1 1 1,047 1,091 *per MCAS Tustin Specific Plan Table 3-5 for PA7 Village Services The elements of the requested actions are further discussed below: The Village at Tustin Legacy Project Description Specific Plan Amendment (SPA 2015-002) The proposed project includes a Specific Plan Amendment (SPA) to allow acute care/rehabilitation uses as a conditional use in Office section of Section 3.4.4 of the MCAS Specific Plan. The development application includes a concept plan and design review package with an 80 bed acute care/rehabilitation facility, and an application for a Conditional Use Permit for this use, subject to approval of the SPA. The proposed Specific Plan Amendment is comprised of two components: use and height. Land Use The list of land uses in Section 3.4.4.A.3 (Office Uses) of the Specific Plan document allows for emergency care facilities but no other medical uses. The proposed amendment is narrow in focus, only affecting Planning Area 7, broadening the range of uses allowed for this commercial center in a way which is reflective of other areas of the City. The proposed use is similar in function to a convalescent hospital and for purposes of this amendment is being grouped with the proposed medical office uses. The 22.7 acre site was originally intended for up to 248,292 square feet of "village services" including both commercial and office uses. The proposed neighborhood serving commercial uses within the site include a full range of the typical market -supported uses for similar centers: grocery, drug store, restaurants, childcare and retail, while only covering approximately half of the site. The medical care marketplace has changed substantially in recent years as a result of an aging population and the Affordable Care Act, leading to a higher demand for more integrated community based medical facilities, and fewer freestanding medical office buildings. Under the current Specific Plan, the Village Services Planning Area list of allowable uses limits the ability to respond to this changing marketplace. Community based medical uses are not readily available in Tustin, leading to the proposed acute care/rehabilitation component in combination with medical office uses which are already permitted in this planning area. Thus, the proposed Amendment would add the following to the use list in Section 3.4.4.A.3: • Healthcare services including Acute care, rehabilitation hospital, skilled nursing and similar uses "C" (Conditional Use) Height The second component of the Specific Plan Amendment is to allow the acute care/rehabilitation building (Building M) and the medical office building (Building K) to exceed the established 45 foot height limit for this planning area. The proposed amendment would increase the maximum building height to 60 feet for the acute care/rehabilitation building The Village at Tustin Legacy Project Description (Building M) and 54 feet for the Medical Office Building (Building K). The additional height for these two buildings is to accommodate the increased floor height needed to accommodate the specialized ducting and mechanical equipment to support the proposed medical uses, which may include imaging and other activities with specialized requirements. Building M, the acute care/rehabilitation facility is subject to California Office of Statewide Health Planning and Development (OSHPD) building requirements which include specialized air handling equipment and additional floor height for this three-story building. Development Agreement (DA 2015-001) Pursuant to Section 4.2.9 of the MCAS Tustin Specific Plan, prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private development shall first obtain a Development Agreement in accordance with the State's Government Code and Tustin City Code. The purpose of the Development Agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce economic risk of development. Accordingly, Regency Centers' application includes the required Development Agreement. A draft Development Agreement (see Attached) is provided to further the purpose and intent of the General Plan and Specific Plan, and FEIS/FEIR and will ensure the orderly implementation of infrastructure and development. The Development Agreement includes a schedule of performance and obligations that ensure adequate local infrastructure programs are in place to support the proposed development. Concept Plan (CP 2015-003) Pursuant to Section 4.2.2 of the MCAS Tustin Specific Plan, a Concept Plan shall be prepared and submitted concurrent with the submission of a new development proposal. The purpose of a Concept Plan is to ensure: necessary linkages are provided between the development project, the integrity of the Specific Plan and purpose and intent of the neighborhood is maintained, and applicable City requirements are identified and satisfied. The Concept Plan for The Village at Tustin Legacy has been prepared and submitted concurrently with the proposal to develop a multiple -use commercial center. The Concept Plan outlines the following elements: • Pedestrian connections into the site from Valencia and Kensington Park Drive; • Pedestrian flow within the site, including through the parking areas; • Portal Intersection at Kensington Park Drive at Edinger Avenue as detailed in the Landscape Plan package and Sign Program; The Village at Tustin Legacy Project Description • Primary community intersection treatment at the site's southwestern corner at Tustin Ranch Road/Valencia Avenue as detailed in the Landscape Plan package and Sign Program; • Viewscape into the site at the Valencia Avenue/Kensington Park Drive corner, consisting of special landscape treatment, patio space, and signage as well as a pedestrian connection; and • Inclusion of courtyards and patios within the site Design Review 2015-014 Pursuant to Section 4.2.4 of the MCAS Tustin Specific Plan, following or concurrently with submittal and approval of a Concept Plan, individual development shall require Site Plan and Design Review in accordance with the Tustin City Code. The Design Review submittal has been proposed for the project site planning and design. The proposed project design and site layout are consistent with the intent of the Specific Plan and complies with design review criteria prescribed in the Tustin City Code. Landscape Concept The project goal is to unify and complement the Modern Barn/Farm and Modern architectural styles through the use of an overall landscape and materials palette, perimeter gateway elements and themed 'meadow/drycreek' landscape areas. Materials o Natural materials (stone, metal, concrete, crushed rock, cobble) o Drought tolerant, low water use plant palette o Fieldstone walls (stone consistent with Retail Materials/ Finishes) o Dry creek (cobble) o Integral color concrete selections to complement Medial/ Retail finishes o Concrete textures (Top -Cast surface retardant finishes) to create uniform Method Community Entry -Provide project ID at primary intersections - Stone feature walls, specimen tree, seating, signage, enhanced paving Project Entry Gateways -Fieldstone walls — linear, crisp lines, no cap, simple form; utilize stone from Retail architecctural finishes -Dry creek/ meadow planting concept (simplified) -Entry Accent Tree consistent -Enhanced concrete paving The Village at Tustin Legacy Project Description Meadow/Dry Creek Areas -Enhanced (thematic) areas at select locations intended to unify the overall project. -Located at project perimeter (monumentation), pedestrian connections through parking areas, primary interior drive aisle at Retail/ Medical interface. -Create texture, movement Planting Concept -Interior areas (parking field, drive aisles) landscape areas -Provide year round interest with an emphasis on leaf color as opposed to flower color -Shrub massing preferred over individual groupings Pedestrian Circulation -Strong sense of connectivity throughout Medical and Retail components -Enhanced paving at internal pedestrian connections -Consistent wayfinding elements Vehicular Paving -Primary internal intersections at Retail/Medical interface create project 'center' -Enhanced paving at primary project entries creates Architectural Concept Retail Center: The Village at Tustin legacy, while reflecting back to the history of Tustin & the Marine Corps air station, is inspired by the evolving Southern California lifestyle. "Contemporary Barn" architectural style borrows inspiration from the industrial aesthetics of the hangars to the agricultural farmlands that surrounded the site in the early 1900's. Material finishes palette further exhibit this influence with the use of metal roofing & sidings, rich colored board & batten vertical sidings, rusticated stone veneer, barn doors, louvers & lattices. This center desires to promote an open air village setting that offers the neighboring communities an appealing respite blended with relaxed style retail & dining experiences. The cohesive merging of site hardscape, landscaping, environmental graphics, creative tenant signage & architectural detailing shall contribute to the embodiment of the overall themed project character. Medical Center: The medical campus at The Village at Tustin Legacy integrates multi-level healthcare services with service retail in a casual contemporary architecture expressive of the Southern California region. The architectural contrast between light and heavy create a fresh, clean look that communicates the functions of cutting edge healthcare. The layering of glass and mass supports a modern look indicative of a "high tech, high touch" environment. The elements capture the unique way that Hoag engages with their patients and is based on their strong tradition of excellence. The architectural is timeless with accents of surprise through small punches of color and distinct forms. Rich colors, stone tile, and metal awnings connect the retail and medical campus and are indicative of the Tustin area. While similar materials The Village at Tustin Legacy Project Description (i.e. metal roofing vertical siding), landscaping, and signage create a seamless transition from the medical complex to The Village at Tustin Legacy retail center, the architectural language of the medical buildings creates a distinct experience unique to healthcare. Tentative Parcel Map 2015-127 (SUB 2015-03) This Tentative Parcel Map is a subdivision of the approximately 22.7 acre site into 13 numbered lots and four lettered lots for the development of a multiple -use commercial center. Reciprocal access easements are identified for shared access among the lots of the commercial center. Easements are also provided for public utilities. The Tentative Parcel Map includes a conceptual grading plan for the project based on the recommendations of a soils study, a utility plan, and an off-site improvements exhibit. The grading plan results in a total of 19,400 cubic yards (cy) of cut and fill, with 19,790 cy of import to provide for acceptable fill material under proposed structures. The lettered lots are city -owned property not included in the development area: right-of- way for Valencia Avenue and Edinger Avenue, and slope/parkway parcels associated with Tustin Ranch Road. Summary Tentative Parcel Map 2015-127 1 1.60 A 2 0.69 B 3 0.66 C 4 0.82 D 5 1.04 E 6 0.61 F 7 0.71 G 8 4.02 H 9 1.12 Subtotal Retail Center 11.27 10 3.51 J 11 0.91 K 12 4.04 L 13 1.19 M Subtotal Medical 9.65 A 0.07 Valencia row B 0.04 Edinger row C 0.89 Slope D 0.74 TRR Slope/Parkway Total 22.66 The Village at Tustin Legacy Project Description Conditional Use Permits Conditional Use Permit 2015-11: Acute Care/Rehabilitation Center (Building M) A Conditional Use Permit to allow development of a 75,000 square foot/80 bed acute care/rehabilitation facility/rehabilitation/convalescent care facility (Building M) subject to approval of the Specific Plan Amendment, which adds this use to the list of conditionally permitted uses and allows a height of 60 feet. The use is parked to the Municipal Code requirement for hospital uses. The following text outlines the operations and use of the three (3) story, 80 bed facility proposed for the Tustin Legacy property located at Kingston Park Drive and Edinger Avenue. While the specific operator and operational plan has not been finalized, the purpose of the facility is intended to fill the continuum of care need of the community. The facility will provide multiple levels of care that range from acute rehabilitation, skilled nursing, assisted living, and chemical dependency services. Acute Rehabilitation and Skilled Nursing facilities would typically admit patients who require overnight care, but no longer require the type of care provided by a hospital. While these centers provide 24 hour care for patients, most of the activity occurs from 7am- 8pm and visiting hours are typically over by 8pm. The facilities often offer outpatient services, such as health education classes and outpatient therapy services. Patients arrive at these facilities on a non -emergency basis. After their stay they would return home. Length of stay will vary depending condition of the patient and the type of care needed. Seventy five percent of these types of patients stay for three months or less. Rehabilitation Skilled Nursing facilities and Rehabilitation Hospitals have an average length of stay of about 20 days. Services could range from rehabilitative transitional care, to specialized dementia, chemical dependency and Alzheimer's care, to hospice and palliative care. Assisted Living facilities house patients/residents that do not require 24 hour care with an average length of care of six months or longer. The patients/residents live fairly independently but require assistance with medication, meals and cleaning. Typically the patients/residents do not drive as the majority of them are not capable of driving. The staffing level for an assisted living facility is less than an Acute Rehab or Skilled Nursing facility due to the lower level of care. This type of facility would integrate well into the community since it is situated in a predominantly residential area with healthcare services and retailers within walking distance. Acute Rehabilitation & Skilled Nursing facilities would all be regulated by the California Department of Health Services and require a license to operate and provide healthcare services based on regulatory & operational requirements. These facilities obtain a building permit through the California Office of Statewide Healthcare & Planning. The Village at Tustin Legacy Project Description Programmatically, these facilities would typically support patient rooms, nursing and staff support areas, rehabilitation gym space, day rooms, dining services, a pharmacy, treatment rooms, and general building support functions. Outside activity is limited to deliveries and trash pick-up and to the arrival and departure of patients, visitors and staff. There is often a small dedicated exterior space for patient therapy services. Deliveries are infrequent - perhaps one to two per day - and are received at a dedicated area at the rear of the facility by way of local delivery vehicles such as box -trucks. Trash receptacles reside at the rear of the facility in a screen area. Hours of Operation 24 Hours. Visiting Hours Typically 7am-7pm daily Conditional Use Permit 2015-12: Pharmacy Drive-Thru (Building D) A Conditional Use Permit to allow development of a drive-thru associated with a 14,576 square foot drug store/pharmacy (Building D). The drive-thru will be a single lane with signage above the canopy as shown on the attached plans and elevations. The location of the drive-thru component of Building D is at the rear of the structure adjacent to the building's loading area and away from internal traffic flow or entries. Way -finding signage will be provided on the asphalt driveway near the building entry. The drive-through will be a 24-hour operation. Only prescription drop-off and pickup or over the counter medication purchases are allowed, no general merchandise or alcohol purchases are allowed. A voice enhanced microphone system will be included designed to project sound in a limited radius to protect patient privacy and minimize noise impacts. Conditional Use Permit 2015-13: Restaurant Drive-Thru (Building E) A Conditional Use Permit to allow development of a drive-thru associated with a 3,300 square foot restaurant/retail building (Building E). No tenant has been established at this time. The drive-thru will be a single lane with way -finding signage, located adjacent to the Valencia Avenue frontage of the project area. The drive through lane will be screened per Tustin Code. As shown on the site plan, a minimum of eight cars can be stacked in the drive-thru lane. No walk-up orders are permitted at the drive-thru window. No alcohol purchases are allowed. This drive-thru will be a 24-hour operation. Conditional Use Permit 2015-14: Bank Drive-Thru (Building H) A Conditional Use Permit to allow development of a drive-thru associated with a 3,324 square foot band/financial institution (Building H). No tenant has been established at this time. The drive-thru will be a single lane with way -finding signage, located adjacent to the Kensington Park Drive frontage of the project area. The drive-thru provides access to an Automatic Teller Machine (ATM) for automated self-service banking. The ATM itself would be located on the western facade of the building facing Valencia Avenue. The drive through lane will be The Village at Tustin Legacy Project Description screened as shown on the landscape plan. As shown on the site plan, a minimum of ten cars can be stacked in the drive-thru lane. Security cameras will be provided, as will security lighting subject to police department review at the time of building permit. Conditional Use Permit 2015-15: Restaurant Drive-Thru (Building I Alternate use) A Conditional Use Permit to allow development of a drive-thru associated with a 4,500 square foot restaurant, as an alternate use for Building I. No tenant has been established at this time. The drive-thru will be a single lane with way -finding signage, located adjacent to the Kensington Park Drive frontage of the project area. The drive through lane will be screened per Tustin Code. As shown on the site plan, a minimum of seven cars can be stacked in the drive-thru lane. The ordering speaker will be located on the southern portion of the building, and oriented towards the interior of the commercial center and away from the Kensington Park Drive frontage to avoid projection of speaker noise towards adjacent residential uses. No walk-up orders are permitted at the drive-thru window. No alcohol purchases are allowed. Hours of operation are 6 am to midnight; final hours of operation may be modified at the time of building permit once a tenant is in place. Conditional Use Permit 2015-16: Master Sign Program A Conditional Use Permit related to a master sign program for the commercial center. The sign program will include signage for the entire commercial center. See submittal materials. The program includes design and criteria for the tenants of the retail center, the medical signage for Hoag, and the project signage (Portal and Community signage and project signage at the viewscape intersection of Valencia Avenue/Kensington Park Drive. Tenant signage is expected to embellish the essence of the architectural character of Tustin Legacy by expressing clearly the Tenant name and function, while also serving as an extension of the desired qualities of the commercial, retail and dining environments. Tustin Legacy's architectural style is that of Contemporary Rustic, with metal canopies, wood siding and intimate pedestrian scale that are a reflection of rural America, which will be further emphasized through landscape and graphic design and detailing. With the history of Tustin as its anchor and the evolving Southern California lifestyle as its current inspiration, Tustin Legacy will promote the blend of high energy and relaxed style that is manifested in the changing community surrounding it. Tenant graphic design shall be imaginative, simple and clear. Creative and expressive signage solutions using a variety of materials are strongly encouraged as a means of enhancing customer experience. Additional icon/imagery will be considered, at the sole discretion of the Landlord, provided it contributes to the overall identity and design of the store. Tenants shall retain the services of a professionally trained graphic designer to create their identity and sign program. The design of signs shall be harmonious with the materials, color, texture, size, scale, shape, height, placement and design of Tenant premises and the Landlord buildings. Strict adherence to these sign design criteria shall insure that the character of the shopping center is maintained. The Village at Tustin Legacy Project Description Conditional Use Permit 2015-17: School/Childcare Use (Building A) A Conditional Use Permit to allow development of an 8,000 square foot childcare center/school with 10,968 square foot (minimum) outdoor playground (Building A). The use is consistent with the criteria outlined in Section 9271(aa) of the Tustin Municipal Code. The school will serve and enhance the local community by providing a safe, nurturing, and academic environment for approximately 146 children from 6 weeks to 6 years of age. The proposed use will provide much needed affordable, high-quality, safe childcare for families that live and work in the City of Tustin. The proposed childcare center in The Village at Tustin Legacy will include an 8,000 square foot facility with a playground of approximately 11,000 square feet and will be licensed for 146 children (138 preschool -aged children ages 2 through 6 and 8 infants ages 6 weeks to 24 months) and will employ a total of 17 staff members. Normal hours of operation will be from 7:00 AM to 6:00 PM Monday through Friday. Parking for the school/childcare center is provided adjacent to the building on its east side. Eighteen parking spaces, including two accessible spaces, are located adjacent to the school to allow for convenient drop-off/pickup. Compliance with Title 22 Regulations Childcare centers in California are licensed by the Department of Social Services, Community Care Licensing Division and are required to conform to regulations in Title 22, Childcare Center General Licensing Requirements. In addition to policies and procedures required to operate a childcare facility, Title 22 defines facility requirements that need to be met prior to licensing the facility. The proposed school's space and site plans conform to Title 22 regulations as follows: Interior Area 1. Title 22 requires 35 SF of indoor play area per child. Each room complies with this requirement and does not count space covered by cubbies, sinks, changing tables, etc. 2. Separate areas are provided for infants (6 weeks to 24 months of age) and preschool aged children (ages 2 through 6.) 3. Napping/Crib Area: One "Infant" room with a capacity of 8 children is provided. The room includes 8 cribs that are separated from the activity space. The design includes a minimum of three feet of space between cribs that are arranged side-by-side. No stacking cribs are used. All children that are able to stand steadily will nap on a cot/mat in a quiet area of the classroom. The Village at Tustin Legacy Project Description 4. Drinking water. Each classroom includes a sink with hot and cold running water and a drinking fountain. 5. Toilet facilities. 5.1. All adult restrooms meet the standards set forth in the Uniform Building Code. 5.2. Infant facilities. 5.2.1. The Infant room has a capacity of 8 children and includes one standard and one low (portable) changing table with three -inch -high guardrails. 5.2.2. A sink is provided in the room and in the diaper changing area; both are easily accessible to the staff. 5.3. Preschool -age facilities 5.3.1. Toilet facilities provided for preschool -age children are easily accessible from each classroom and from the outdoor play area. 6. Isolation. 6.1. The Director's office is separate from the indoor activity area and will be used to provide care for children that become ill. The room is within reasonable proximity to toilet facilities. 7. Additionally: 7.1. All classrooms will have walls dividing the classrooms from the hallways. 7.2. The doors to the kitchen storage, and adult restrooms will be secured with a PIN pad that requires the correct code to unlock. 7.3. The door to the Director's office will be secured either with a lock and key or with a PIN pad similar to that on the kitchen, storage, and adult restroom doors. Playground 1. Community Care Licensing (CCL) requires 75 SF of outdoor play space per child and will consider a waiver of up to 10%. For 146 children, CCL will require 10,950 SF without a waiver or 9,855 SF with a waiver. The proposed playground area includes approximately 10,950 SF with separate playgrounds for Infants (ages 6 weeks to 24 months) and Preschool -aged children (ages 2 through 6 years.) 2. Calculating outdoor play areas: 2.1. Once the final playground design is completed, the playground area will exclude any area whose corners are less than a 90 -degree angle. 2.2. The playground plan does not include areas covered by buildings or required for minimum off-street parking for all on-site uses. 3. The play area contains the following: The Village at Tustin Legacy Project Description 3.1. The playground design will be fully accessible and incorporate concrete, sand, poured -in-place rubber, and synthetic turf. 3.2. The pavement area includes shade structures. 3.3. The pavement area will include a minimum four -foot -wide roadway for wheeled toys. 3.4. Wood chips, sand, or equivalent will be provided along paths and play equipment. 3.5. A partially shaded sandbox will be provided that totals more than 100 SF. 3.6. Wood chips or another approved material (e.g., poured -in-place rubber) will be provided under moving and climbing equipment and will meet the requirements for use in a fall zone. 3.7. The final playground design will incorporate a drinking fountain and water faucet in each self-contained playground. 4. Play Equipment 4.1. A variety of sturdy, safe, and age-appropriate equipment will be provided in each of the playgrounds. 4.2. Impact areas (e.g., fall zones) will be provided around each piece of moving or climbing equipment as required. 4.3. Any proposed outdoor covered storage space for play equipment shall be compatible in color and materials with the existing buildings. A completed playground plan will be submitted separately for approval prior to the issuance of building permits and will include the following: 1. A minimum of one exit from the playground to the public way. The exit(s) will have the required Knox boxes and panic hardware. 2. A proposed 6 -foot high wrought iron fence along the playground perimeter. The spacing between the bars on any fence shall not exceed 4 inches on center. The final material, height, type, hardware, etc. shall be provided with the construction drawings for building permit submittal. 3. The final playground design and site plan will include a minimum 4 -foot wide paved walk or roadway for wheeled toys. Once the playground design is finalized, the paved walk or roadway will be shown and labeled on the Site Plan as well. 4. There are no stairways expected on the playground. If stairways are included on the final playground design, they will be gated to restrict children from entering. 5. Once constructed, Great Foundations Montessori will obtain and submit a letter stating that the play equipment has been installed per the manufacturer's specifications and that it complies with minimum playground safety regulations. The Village at Tustin Legacy Project Description Lighting No lighting is proposed in and around the playground area. As such, there is no need for a photometric study. If it is determined that a photometric study is required, it shall be provided at the time of building permit submittal. Security Guidelines The proposed school complies with childcare security guidelines regarding access control and visitor control. See the floorplan below and the architectural plans for the design of the entry, reception area, and Director's office. Regarding access and visitor control, the proposed school uses Procare Software's Keyless Entry System on the entry door. The keyless entry system connects to a magnetic lock and allows entry only to authorized staff and families. Additionally, the system includes dual tones for authorized persons and unauthorized guests. Authorized users will be provided a unique PIN code that allows access to the building during normal working hours. Guests without an active authorization code will use the "Guest Doorbell" to alert the staff that a visitor is requesting entry. Knowing that multiple families may enter the school when one parent enters their access code and opens the door, the reception area will be staffed by the Director and a receptionist during peak traffic areas (e.g., drop-off and pick-up time) to control access. During nonpeak hours the reception area will generally be staffed by either the Director or the receptionist. Since the entry door remains locked at all times, when neither the Director nor the receptionist is available in the reception area, the door chime announces when an authorized visitor opens the door or when an unauthorized guest is requesting entry. The Village at Tustin Legacy Project Description L4 cusaar s CLASSROOM S LICENSED FOR AGES 2-6 YRS. �4 CHILDREN MAX ams � 'MTIg01 CLATSWN E 0 '0 S.F. CLASSROOM 4 LICENSED FOR +^.ES 2-6 YRS A CHILDREN MAX 23'-6' 23°-E' L 2` -V rlp. cLR. S'_7+ CLAuwW 6 b Uti.S"Y 0 —,--IQ to -_7 N7tFrm" 7 860 ST. T'l u40 F F_ CLASSROOM S e , 858 SF. 858 SF UCM.ED " CLASSROOM 2 CLASSROOM t kGES 0-2 YRS f AGES 2-8 YRS 24 CHILDREN MAX a CHILD. MAX. - 4 'A JiIL: EM MAX. LICENSED FOR LMSED FOR ACES 2-6YRS. AGES 2-6 `(RS. cfFlc! i. 24 CHILD U MAX. 24 CHILDREN MAX iw �T � Can aoAF17y nu n9m o Aran E ,: FOE ♦] b Qq II ' YD44 t L f c a wu --I CLAuwW 6 b Uti.S"Y 0 —,--IQ 300 SF 860 ST. T'l u40 F F_ CLASSROOM S e , xASSR00M a LICENSED FOR UCM.ED " AGES 2-6 YRS. kGES 0-2 YRS f AGES 2-8 YRS 24 CHILDREN MAX a CHILD. MAX. - 4 'A JiIL: EM MAX. aiw's w rte,+ CLR� ^say F CLASSWOW l b 300 SF T'l e , .LASSROOM 7 JCENSED FOR � 7 2 kGES 0-2 YRS f a CHILD. MAX. - 4 r CLR The Village at Tustin Legacy Project Description Conditional Use Permit 2015-_: Shared/Reciprocal Parking, Medical Center The medical center component of The Village at Tustin Legacy is comprised of Buildings J, K, L, and M which are intended for medical office and Acute Care/Rehabilitation Hospital uses. These buildings are located on individual lots in the project's Parcel Map—Parcels 10, 11, 12, and 13. As shown on the table below, the medical center component of the project provides parking in excess of the code requirement for individual uses, assuming medical office use for the three office buildings and hospital use for the Acute Care/Rehabilitation Hospital. The intent of the proposed CUP is to provide a mechanism whereby the parking areas associated with each building are shared among the four uses. This concept has been evaluated by the Parking Study and Parking Management Plan prepared by LLG Engineers, dated July 17, 2015 using strict adherence to City parking ratios for the medical uses. To implement this concept, the project would include the following: • CC&Rs specific to the Medical Center will include a provision for reciprocal access and parking between the four medical center buildings and provide for the maintenance of the parking areas. A reciprocal parking easement or agreement will be recorded which will run with the land. The Village at Tustin Legacy Project Description 77 o required for use Building i Parcel 13 8,550 sf 52 @ 6 spaces/1,000 sf Medical Office/Retail Building K Parcel 12 60,000 sf 360 spaces @ 6 spaces/1,000 sf Medical Office Building L Parcel 11 6,450 sf 39 spaces @ 6 spaces/1,000 sf Medical Office/Retail Building M Parcel 10 75,000 sf 160 spaces @ 2 spaces/bed Acute Care/Rehabilitation 80 Beds Hospital Total Required 611 spaces Total Provided 619 spaces The intent of the proposed CUP is to provide a mechanism whereby the parking areas associated with each building are shared among the four uses. This concept has been evaluated by the Parking Study and Parking Management Plan prepared by LLG Engineers, dated July 17, 2015 using strict adherence to City parking ratios for the medical uses. To implement this concept, the project would include the following: • CC&Rs specific to the Medical Center will include a provision for reciprocal access and parking between the four medical center buildings and provide for the maintenance of the parking areas. A reciprocal parking easement or agreement will be recorded which will run with the land. The Village at Tustin Legacy Project Description ATTACHMENT D Submitted Plans (Spiral Bound Copy Enclosed) LU C n } C d Lu 0 b h Z CL h - w u Z O u ��N3nby��Nlp3 n U CIO r � O � � •.. � r ,.. 3nN3nr r�N3irn /o*#+� LU C n } C d Lu 0 b h Z CL h - w u Z O u Z d =a6 dadaas-a-�° 5 .0 Q o °o °o °o 0o p °o 0 0 LU )( m LL o 0 o LL o w w w v E U o /4/�--/� a 0 W N Q m m V C] w w C! x_ Y Y o o- s O ? 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I p f Z fat vyiQu �'•�-= e -; �, may__._ 1 .- � t N F °so F m lb-*4 0 3n .an N a \ L oWm -�. y YJON-�7bh s 3 e o�oQ;a D �_ 3&0,9 Ali =` ' c w dft 3 ° :W° °w -asnorvi z a'g ...... m° �• i a � u 3 °a� 4=`pQ 13 Z FtlP ie ° WI oFx OE a �N u pw ¢i aQeF zona^u WONg maxz`e 3l7N3�V N33JNIo3 Y o 94 Y ® O z d m �t i s,i:Y..r �: ■ 11� 5 =ri y s T�33 i� •{ 4 t fir.`}��[kt `��• ff 0 d 0 Z N W Y 317N3AV N33 JN1a3 m Y 3nN3gV ,,N37VA ZO 4 1 i I r�® N-11— e c p I V '■ r h_ I t _-� Lam If A 9 �f k 4 - Y.a, TT . tf I !,-.I I I i 3nN3Ay 833JN103 0 ua Y J O � Y � a �E O x Z _ Z O a _ � Q z z 3 u W � (1N3�y VIDN37bA ZO 0 :� ATTACHMENT E Outside Agency Comments Comrnunitty College District July 21, 2015 2323 Sunru Al)rl '��r7 7j''i 1•. �7 • r �,.. _� `•�i (-'�aJ d��v :300 • wwww.rscrd.e+.iu Edmelynne V. Hutter Senior Planner Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Tentative Parcel Map 2015-127 Dear Ms. Hutter: "-i,`,i 1,t9 , (. ,.1,,.....a • "Mil ioull ( iYl'6l..rl1 11111 ""'. RECEIVED JUL 2 3 2015 COMMUNITY DEVELOPMENT BY: On behalf of the Rancho Santiago Community College District, this letter shall serve as formal correspondence in regards to the above referenced Tentative Parcel Map 2015-127. The District has facilities located at 15991 Armstrong Boulevard, Tustin, CA 92782. The program at this location is for the Orange County Sheriffs Regional Training Academy and as such is a sensitive program with regards to public safety. We could not discern from Tentative Parcel Map 2015-127 if the construction operations or ongoing operations anticipated for the proposed subdivision will impact traffic along Warner Avenue or Armstrong Avenue? The District would like to be notified on subsequent development steps, including further planning and environment notices and approvals. Thank you for the opportunity to respond and provide comments. Please feel free to contact my office at (714) 480-7510 if you need further assistance. Sincerely, Darryl Taylor Director Facility Planning, District Construction & Support Services SOUTHERN CALIFORNIA E ISON An EUISON INTI.'RA Q/0\ 1/ . Coryam City of Tustin 300 Centennial Way Tustin, CA 92780 Attention: Planning Division Subject: Parcel Map No. 2015-127 July 15, 2015 Please be advised that the division of the property shown on Parcel Map No. 2015-127will not unreasonably interfere with the free and complete exercise of any easements and/or facilities held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (626) 302-4473. DE-eAf e/o D. L.ow I Steven D. Lowry Title and Real Estate Services Corporate Real Estate Department 2131 Walnut Grove Avenue Rosemead, CA 91770 • 19 July 27, 2015 Ms. Edmelynne V. Hutter Senior Planner Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92780 Sent via USPS and email to: EHutterO-tustinca.org Subject: Tustin Legacy Tentative Parcel Map 2015-127 Dear Ms. Hutter: Thank you for the opportunity to comment on the Tustin Legacy Tentative Parcel Map 2015-127. The City of Irvine has reviewed the proposed project and has the following comments. 1. Confirm that the proposed land uses are consistent with the City of Tustin's approved specific plan for the Legacy Project. Also, clarify whether these land uses are consistent with the proposed Legacy Specific Plan Amendment currently being prepared by the City of Tustin. 2. Figure 2-2 of the Trip Generation Assessment, dated June 3, 2015, identifies roadway improvements along Valencia, Kensington Park and Edinger Avenue adjacent to the project. Clarify whether these improvements are expected to be complete in the interim -year when the 98,292 SF of commercial retail is expected to be complete. Staff would like to ensure that intersection improvements in the City of Irvine's traffic model are updated to reflect the expected conditions. The City of Irvine is interested in reviewing all future documentation associated with this project. Please forward copies of any pertinent future documents to the City for its review. Ms. Edmelynne V. Hunter July 27, 2015 Page 2 If you have any questions, please contact me at 949-724-6314 or via e-mail at diaw _cityofirvine.org Sincerely, David R. Law, AICP Senior Planner cc: (via email) Barry Curtis, Manager of Planning Services Kerwin Lau, Project Development Administrator Sun -Sun Murillo, Supervising Transportation Analyst Bill Jacobs, Principal Planner Tran Tran, Associate Engineer ATTACHMENT F Resolution 4285 SPA 2015-02, DA 2015-001, CP 2015-003, SUB 2015-03/TPM 2015-127, DR 2015-014 RESOLUTION NO. 4285 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL DETERMINE THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED DISPOSITION OF AN APPROXIMATELY 22.7 -ACRE SITE WITHIN PLANNING AREA 7 (NEIGHBORHOOD B) OF THE MCAS TUSTIN SPECIFIC PLAN IS IN CONFORMANCE WITH THE APPROVED GENERAL PLAN; ADOPT ORDINANCE NO. 1460 APPROVING SPECIFIC PLAN AMENDMENT 2015-02; ADOPT ORDINANCE NO. 1461 APPROVING DEVELOPMENT AGREEMENT 2015-001; AND APPROVE CONCEPT PLAN 2015-003, SUBDIVISION 2015-03/TENTATIVE PARCEL MAP 2015-127, AND DESIGN REVIEW 2015-014 FOR THE DEVELOPMENT OF A NEW COMMERCIAL CENTER WITH MULTIPLE USES AT 15000 THROUGH 15190 KENSINGTON PARK DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes the following requests: 1. Specific Plan Amendment 2015-02, an amendment to the MCA Tustin Specific Plan, to add acute care/rehabilitation facility and skilled nursing facility as a conditionally permitted use within Planning Area 7 and increase the allowable maximum building height from forty-five (45) feet to fifty-four (54) feet for medical centers and sixty (60) feet for acute care / rehabilitation facilities. 2. Development Agreement 2015-001 to facilitate the development and conveyance of an approximate 22.7 -acre site within the boundaries of the MCAS Tustin Specific Plan. 3. Concept Plan 2015-003 to develop a new 248,292 square -foot commercial center with multiple uses including general retail, restaurants, bank, childcare, pharmacy, medical office and acute care/rehabilitation facility and ensure necessary linkages are provided between the development project, the integrity of the specific plan and Resolution No. 4285 Page 2 purpose and intent of the neighborhood is maintained, and applicable city requirements are identified and satisfied. 4. Tentative Parcel Map 2015-127 to subdivide an approximately 22.7 -acre site into thirteen (13) numbered lots and four (4) lettered lots for the development of a neighborhood commercial center with multiple uses. 5. Design review 2015-014 for the design and site layout of a 22.7 -acre site into a neighborhood commercial center with multiple uses. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. That the project site is currently owned by the City of Tustin and the City wishes to dispose of an approximately 23 acre site within Planning Area 7 to accommodate the development a new commercial center with multiple uses. E. That Section 65402(a) of Government Code provides that no real property shall be disposed until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan. F. That Section 65402 (a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. G. The proposed disposition supports several General Plan Land Use Element goals, including the following: 1. Land Use Element Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses. Resolution No. 4285 Page 3 4. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods. 5. Land Use Goal 13: Continue to implement the Specific Plan/Reuse for MCAS Tustin which maximizes the appeal of the site as a mixed use and master planned development. H. That the proposed development consists of commercial, office and acute care/rehabilitation and skilled nursing buildings and the MCAS Tustin Specific Plan does not list acute care/rehabilitation and skilled nursing uses as permitted or conditionally permitted uses. I. That the proposed development consists of a Medical Center building that is fifty-four (54) feet in height and an acute care/rehabilitation and skilled nursing facility that is sixty (60) feet in height and the MCAS Tustin Specific Plan limits building height to a maximum of forty-five (45) feet. J. That MCAS Tustin Specific Plan Section 4.2.8 requires an amendment to the Specific Plan be initiated and processed in the same manner set forth in the Tustin City Code. Tustin City Code Section 9295 specifies any amendment to the Zoning may be initiated and adopted as other ordinances are amended or adopted. The Specific Plan Amendment can be supported by the findings included in Draft Ordinance No. 1460 (Exhibit B). K. That MCAS Tustin Specific Plan Section 4.2.9 requires all private development at MCAS Tustin to obtain a Development Agreement in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code. In compliance with Tustin City Code Section 9611, the Tustin Planning Commission must make a recommendation on the proposed Development Agreement to the City Council. The Development Agreement can be supported by the findings included in Draft Ordinance No. 1461 (Exhibit C). L. That MCAS Tustin Specific Plan Section 4.2.2.A requires the submission of a Concept Plan prior to or concurrent with the submission of a new development proposal within Planning Area 7. The project has been found to comply with the requirements of the MCAS Tustin Specific Plan as amended and Concept Plan review criteria. Specifically, the proposed project depicts: 1. Continuity and adequacy of all circulation systems, such as roads, access points, pedestrian ways, and other infrastructure systems needed to serve the project; Resolution No. 4285 Page 4 2. Continuity and design quality of architecture proposed, as well as landscape and hardscape theme and treatments; 3. Satisfactory response to the urban design features specified in Chapter 2 and under Planning Area 7 in Chapter 3; 4. Conformity with the Non -Residential Land Use/Trip Budget; and, 5. Compliance with other Specific Plan provisions, as amended. M. That Tentative Parcel Map 2015-127 will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Specific Plan Amendment 2015-02, State Subdivision Map Act and the City's Subdivision Code as follows: 1. That the site is located in Planning Area 7 of the MCAS Tustin Specific Plan, which is designated for Village Services of the MCAS Tustin Specific Plan and that the proposed development, as conditioned, will be physically suitable for the type of development and proposed density of development; 2. The subdivider will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at MCAS -Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; storm drains; retention and detention systems; and, other utility backbone systems; 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 4. The design of the subdivision will not cause serious public health problems; 5. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the subdivision; 6. The waste discharge from the proposed subdivision has been designed in compliance with all applicable codes and will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board. Resolution No. 4285 Page 5 7. The preliminary soils report has been prepared by a registered civil engineer which considered the existence of expansive soils or other soils problem to avoid structural defects within the subdivision. N. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers and roof structures. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside 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. Development Guidelines and criteria as adopted by the City Council. O. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. P. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin Resolution No. 4285 Page 6 An Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby recommends that the City Council determine that the location, purpose, and extent of the proposed disposition of an approximately 22.7 -acre site within planning area 7 (Neighborhood B) of the MCAS Tustin Specific Plan is in conformance with the approved General Plan; adopt Ordinance No. 1460 approving Specific Plan Amendment 2015-02; adopt Ordinance No. 1461 approving Development Agreement 2015-001; and approve Concept Plan 2015- 003, Subdivision 2015-03/Tentative Parcel Map 2015-127, and Design Review 2015-014 for the development of a new commercial center with multiple uses at 15000 through 15190 Kensington Park Drive subject to the conditions attached hereto as Exhibit D. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4285 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A to Resolution No. 4285 Environmental Checklist, Parking Study, and Noise Study COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin The following checklist takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): The Village at Tustin Legacy Commercial Center. Development Agreement 2015-001, Specific Plan Amendment 2015-02, Concept Plan 2015-003, Design Review 2015-014, and Subdivision 2015-03 / Tentative Parcel Map 2015-127, and Conditional Use Permits 2015-11, 2015-12, 2015-13, 2015-14, 2015-15, 2015-16 and 2015-17. Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Edmelynne Hutter Phone: (714) 573-3174 Project Location: Disposition Parcel 1C is an area bounded by Kensington Park Drive to the north, Edinger Avenue to the east, Tustin Ranch Road to the south, and Valencia Avenue to the west, within Planning Area 7 of Neighborhood B, MCAS -Tustin Specific Plan (Tustin Legacy). Project Sponsor's Name and Address: 1 C Tustin Legacy LLC (Regency Centers) c/o Mr. John Mehigan 915 Wilshire Boulevard, Suite 2200 Los Angeles, CA 90017 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: MCAS Tustin Specific Plan District / Village Services Project Description: Development Agreement 2015-001, Specific Plan Amendment 2015-02, Concept Plan 2015-003, Design Review 2015-014, and Subdivision 2015-03 / Tentative Parcel Map 2015-127, and Conditional Use Permits 2015-11, 2015-12, 2015-13, 2015-14, 2015-15, 2015-16 and 2015-17 are development applications for the purpose of developing a commercial center (The Village at Tustin Legacy). Development of a multiple use commercial center with a total of 248,292 square feet of commercial, office, and acute care/rehabilitation uses. B. C. Surrounding Uses: North: Kensington Park Drive and Columbus Square Residential Development East: Edinger Avenue, railroad track, drainage channel, and existing single family residences beyond South: Tustin Ranch Road and Vacant land in MCAS Tustin Specific Plan Planning Area 15 West: Valencia Avenue and vacant land in MCAS Tustin Specific Plan Planning Area 8 Previous Environmental Documentation: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. F-1 Land Use and Planning ❑Population and Housing ❑Geology and Soils ❑Hydrology and Water Quality ❑Air Quality ❑Transportation & Circulation ❑Biological Resources ❑Mineral Resources ❑Agricultural Resources DETERMINATION: On the basis of this initial evaluation: ❑Hazards and Hazardous Materials ❑Noise ❑Public Services ❑Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Edmelynne Hutter, Senior Planner Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Date: Date EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR OUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? VH.HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ONE■�■ 1 /- g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING — Would the project: No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ IE ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ a) Physically divide an established community? ❑ ❑ 11 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE — Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis c) Displace substantial numbers of people, necessitating the ❑ construction of replacement housing elsewhere? ❑ ❑ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IK EVALUATION OF ENVIRONMENTAL IMPACTS The Village at Tustin Legacy Development Agreement 2015-001, Specific Plan Amendment 2015-02, Concept Plan 2015-003, Design Review 2015-014, Subdivision 2015-03 / Tentative Parcel Map 2015-127, and Conditional Use Permits 2015-11, 2015-12,2015-13, 2015-14, 2015-15, 2015-16 and 2015-17 BACKGROUND On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The FEIS/EIR, Addendums and Supplement analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan/MCAS Tustin Specific Plan (referred to in this document as the Specific Plan). The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and City of Irvine must take to implement the MCAS Tustin Specific Plan. The MCAS Tustin Specific Plan proposed and the FEIS/EIR analyzed a multi-year development period for a planned urban reuse project (Tustin Legacy). When individual discretionary activities within the Specific Plan are proposed, the City of Tustin as lead agency is required to examine the individual activities to determine if their effects were fully analyzed in the FEIS/EIR. The agency can approve the activities as being within the scope of the project covered by the FEIS/EIR. If the agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent EIR is required. Tustin Legacy is located in central Orange County and approximately 40 miles southeast of downtown Los Angeles. Tustin Legacy is that portion of the former MCAS Tustin within the City of Tustin corporate boundaries. Owned and operated by the Navy and Marine Corps for nearly 60 years, approximately 1,585 gross acres of property at MCAS Tustin were determined surplus to federal government needs, and MCAS Tustin was officially closed in July 1999. The majority of the former MCAS Tustin lies within the southern portion of the City of Tustin. The remaining approximately 73 acres lies within the City of Irvine. Tustin Legacy is in close proximity to four major freeways: the Costa Mesa (SR -55), Santa Ana (1-5), Laguna (SR -133) and San Diego (I- 405). Tustin Legacy is also served by the west leg of the Eastern Transportation Corridor (SR 261). The major roadways bordering Tustin Legacy include Red Hill Avenue on the northwest, Edinger Avenue on the northeast, Harvard Avenue on the southeast, and Barranca Parkway on the southwest. Jamboree Road transects the Property. John Wayne Airport is located Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11, 12, 13, 14, 15, 16 and 17 Page 2 approximately three miles to the south and a Metrolink Commuter Rail Station is located immediately to the northeast providing daily passenger service to employment centers in Orange, Los Angeles, Riverside, and San Diego counties. PROJECT LOCATION The project site is comprised of approximately 22.7 gross acres located within the MCAS Tustin Specific Plan (Tustin Legacy) boundaries affecting only Disposition Parcel 11C. The project site is bounded by Edinger Avenue to the east, Tustin Ranch Road to the south, Valencia Avenue to the west, and Kensington Park Drive to the north within Planning Area 7 of Neighborhood B, MCAS - Tustin Specific Plan (Tustin Legacy). PROJECT DESCRIPTION Development Agreement 2015-001, Specific Plan Amendment 2015-02, Concept Plan 2015- 003, Design Review 2015-014, Subdivision 2015-03 / Tentative Parcel Map 2015-127, and Conditional Use Permits 2015-11 through 2015-17 are development applications for the purpose of developing a commercial center (The Village at Tustin Legacy). The project consists of a multiple -use commercial center with a total of 248,292 square feet of commercial/office uses comprised of two major components: a retail center with grocery, daycare, food uses, bank, general retail and drugstore fronting on Valencia Avenue; and a medical office and an acute care/rehabilitation facility fronting on Kensington Park Drive. A number of the uses include a drive-thru element, which requires a Conditional Use Permit. In addition, Conditional Use Permits are required for the proposed childcare center, acute care/rehabilitation center, and master sign plan. The project will take access at the following locations: • Edinger Avenue: Single point of access. Right-in/right-out driveway • Kensington Park Drive: Two points of access. One full movement access point at the existing traffic signal at Georgia Street, and a second full movement driveway into the retail center between Georgia Street and Valencia Avenue; and • Valencia Avenue: Two points of access. One right-in/right-out driveway, and a central driveway with right-in/right-out and left -out movements. Improvements to the public right-of-way are proposed for Valencia Avenue (addition of a right turn lane into the southernmost project driveway) and Kensington Park Drive (median modifications and parkway ' improvements), and Edinger Avenue (turn lane). Infrastructure, including water, sewer, and storm drain, will be extended into the site from existing utilities in adjacent roads. Structural Best Management Practices (BMPs) are proposed on-site to comply with water quality requirements. As shown on the attached site plan in more detail (Attachment A), the proposed uses are detailed below: Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15, 16 and 17 Page 3 Table 1 Project Summary General Retail/Food Service C, E, F, G, 1 28,563"' Market B 43,829 Drug Store/Pharmacy w/ drive-thru D 14,576 Bank/Financial Institution w/ drive-thru H 3,324 Childcare Center/School A 8,000'"' Subtotal 98,292 Office/Retail J, L 15,000 Medical Office K 60,000 Acute Care/Rehabilitation M 75,000 (80 Beds) Subtotal 150,000 - TOTAL 248,292 Notes: Represents maximum square footage. If the altemative for Building I is implemented (with a drive-thru) the total will be reduced by 1,500 sf for a total General Retail/Food Service of 27,063 sf. "Childcare center also includes a 10,968 square foot playground/outdoor play area. Generally the applications can be described as follows: Specific Plan Amendment (SPA) 2015-002: Section 3.4.4.A.3 (Office uses) of the MCAS Tustin Specific Plan does not allow for Acute Care/Rehabilitation facilities, although medical offices are permitted. The proposed project would include an amendment to the Specific Plan to allow Acute Care/Rehabilitation facilities and similar uses as a conditionally permitted medical office use. An amendment to the maximum building height from 45 feet to a proposed height of 60 feet is also proposed for the acute care building (Building M) and to 54 feet for the medical office building (Building K). These buildings are subject to California Office of Statewide Health Planning and Development (OSHPD) building requirements which include specialized air handling equipment which require additional floor height for these three-story buildings. Development Agreement (DA) 2015-001: Pursuant to Section 4.2.9 of the MCAS Tustin Specific Plan, prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private development shall first obtain a Development Agreement in accordance with the State's Government Code and Tustin City Code. The purpose of the Development Agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce economic risk of development. Accordingly, Regency Centers has submitted a Development Agreement to further the purpose and intent of the General Plan and Specific Pan, and Final EIS/EIR and will ensure the orderly implementation of infrastructure and development. The Development Agreement also includes obligations that ensure adequate local infrastructure programs are in place to support the proposed development. • Concept Plan (CP) 2015-003: Pursuant to Section 4.2.2 of the WAS Tustin Specific Plan, a Concept Plan shall be prepared and submitted concurrent with the submission of a new development proposal. The purpose of a Concept Plan is to ensure: necessary linkages are provided between the development project, the integrity of the Specific Plan and purpose and intent of the neighborhood is maintained, and applicable City requirements are identified Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15, 16 and 17 Page 4 and satisfied. CP 2015-003 has been prepared and submitted concurrently with the proposal to develop a multiple -use commercial center. The Concept Plan shows necessary linkages, required portal intersection, primary community intersection treatment, and viewscape into the site, along with applicable City requirements which have been demonstrated through submitted plans. Design Review (DR) 2015-014: Pursuant to Section 4.2.4 of the MCAS Tustin Specific Plan, following or concurrently with submittal and approval of a Concept Plan, individual development shall require Site Plan and Design Review in accordance with the Tustin City Code. DR 2015-014 has been proposed for the project site planning and design. The proposed project design and site layout are consistent with the intent of the Specific Plan and complies with design review criteria prescribed in the Tustin City Code. • Subdivision 2015-03 / Tentative Parcel Map 2015-127: This Tentative Parcel Map is a subdivision of the approximately 22 acre site into 13 numbered lots and four lettered lots for the development of a multiple -use commercial center. Reciprocal access easements are identified for shared access among the lots of the commercial center. • Conditional Use Permit (CUP) 2015-11: A Conditional Use Permit to allow development of a 75,000 square foot/80 bed acute care/rehabilitation facility/rehabilitation/convalescent care facility (Building M) subject to approval of the SPA 2015-002, which adds this use to the list of conditionally permitted office uses. The use is parked to the Municipal Code requirement for hospitals. • Conditional Use Permit (CUP) 2015-12: A Conditional Use Permit to allow development of a drive-thru associated with a 14,576 square foot drug store/pharmacy (Building D). • Conditional Use Permit (CUP) 2015-13: A Conditional Use Permit to allow development of a drive-thru associated with a 3,300 square foot restaurant pad (Building E). • Conditional Use Permit (CUP) 2015-14: A Conditional Use Permit to allow development of a drive-thru associated with a 3,324 square foot bank/financial institution (Building H). • Conditional Use Permit (CUP) 2015-15: A Conditional Use Permit to allow development of a drive-thru associated with a 4,500 square foot restaurant, as an alternate use for Building I. • Conditional Use Permit (CUP) 2015-16: A Conditional Use Permit related to a master sign plan for the commercial center. • Conditional Use Permit (CUP) 2015-17: A Conditional Use Permit to allow development of an 8,000 square foot childcare center/school with 10,968 square foot outdoor playground (Building A). The use is consistent with the criteria outlined in Section 9271 (aa) of the Tustin Municipal Code. • Conditional Use Permit (CUP) 2015-23: A Conditional Use Permit to allow Joint Use Parking for the Medical Plaza area (Parcels 10, 11, 12 and 13). Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11, 12, 13, 14, 15, 16 and 17 Page 5 EVALUATION OF ENVIRONMENTAL IMPACTS An Environmental Analysis Checklist has been completed and it has been determined that this Project is within the scope of the Prior Environmental Review and that pursuant to Public Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162 and 15168(c), there are no substantial changes in the project requiring major revisions to the Prior Environmental Review, no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions to the Prior Environmental Review, or any new information which was not known and could not have been known at the time the Prior Environmental Review was certified showing that: (1) the project will have any new significant effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation measures or alternatives previously determined to be infeasible will now be feasible and would substantially reduce one or more significant effects of the project but the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation measure or alternative. Accordingly, no new environmental document is required by CEQA. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The proposed project is for the development of a 248,292 square foot commercial center within the Village Services area (Neighborhood B, Planning Area 7) of the MCAS Tustin Specific Plan area. The project is consistent with the maximum intensity identified in the Specific Plan as well as the setbacks, height (upon amendment), and design elements identified in the Specific Plan. The proposed use is consistent with the approved Specific Plan with the approval of a proposed Specific Plan Amendment to allow for the proposed acute care/rehabilitation facility and medical office building with a height of 60 feet and 54 feet respectively, required to accommodate the specialized utilities in this type of specialized use. The project is not located on a scenic highway nor will it affect a scenic vista. The original FEIR/EIS evaluated aesthetic impacts of redevelopment of the property and the proposed project would result in similar visual changes as those previously analyzed. Visual changes that were not considered significant in the original environmental analysis would result from: changing the agricultural lands, aircraft parking aprons, and open areas to Commercial/ Business facilities and adding a Medium -density residential development (including single- and multi -family housing, streets, driveways, walls, and landscaping) in Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15, 16 and 17 Page 6 place of the open areas. The only significant visual impact identified in the FEIS/EIR was the potential loss of both blimp hangars which would change existing foreground, middleground, and background views. The sensitive viewers identified in the FEIS/EIR include the existing residences located approximately 350 feet east of the project area. This resource is still present, however new residences within the Specific Plan have been constructed west of Edinger Avenue and views from the previously identified sensitive viewers along Edinger Avenue into the proposed project area have been altered with introduction of new development uses which were implemented in compliance with the development regulations and design standards of the Specific Plan. Further, these residences do not face the proposed development but have rear yards and elevations facing the proposed project. The development of a retail center within Planning Area 7 was considered within the FEIS/EIR and will have no negative aesthetic effect on the site when mitigation measures identified in the FEIS/EIR are incorporated with approval of the project. The proposed specific plan amendment to allow the acute care/rehabilitation facility and medical office building to exceed the 45 foot height limit in this planning area will result in 60 and 54 foot buildings at the base of the 30 foot high slope for Tustin Ranch Road and its overcrossing of Edinger Avenue. The location at the foot of a significant landscaped slope, and 350+ foot distance from the rear yards or residences on the east side of Edinger Avenue will not result in a significant visual impact from adjacent uses; further, all exterior design is required to be in compliance with Section 2.17.3(B) — Urban Design Guidelines for Non -Residential Development of the MCAS Tustin Specific Plan, and the Landscape Concept Section 2.17.2 as it relates to Edinger Avenue, Valencia Avenue, and Kensington Park Drive, all existing public streets. The proposal includes a Design Review and Concept Plan application, which requires that the Planning Commission and City Council review and ensure the design of the project, if approved, is found to be cohesive and in harmony with surrounding uses. All exterior lighting would be designed to reduce glare, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 2.17.3(8) of the MCAS Tustin Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEIS/EIR, the Supplemental and Addendums. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to aesthetics. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required. No new impacts nor substantially more severe aesthetic impacts would result from the adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for aesthetics and visual quality. No Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 7 refinements related to the Project are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendums and Supplemental documents; and applicable measures will be required to be complied with as conditions of entitlement approvals (including design review associated with landscaping, signage, and compliance with development regulations for setbacks and height) for development of the site. Sources: Field Observations Submitted Plans for Design Review and Concept Plan FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-58 through 3- 67) MCAS Tustin Specific Plan/Reuse Plan (Pages 2-115 though 2-169, Pages 3-54 through 3-58) Tustin General Plan II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. As documented in the FEIS/EIR, the project site is part of MCAS Tustin Specific Plan that contained 702 acres of farmland, including 682 acres of Prime Farmland and 20 acres of Farmland of Statewide Importance. The FEIS/EIR concluded that there would be no viable long-term mitigation to off -set the impact of converting farmland on MCAS Tustin to urban uses. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to agricultural resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11,12,13,14, 15,16 and 17 Page 8 new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required. Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources. Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-83 through 3-87, 4-109 through 114) and Addendums (Page 5-3 through 5-8) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58) Tustin General Plan III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. As documented in the FEIS/EIR, the project is part of a larger reuse project at Tustin Legacy that was projected to result in air quality impacts that cannot be fully mitigated. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 9 Council on January 16, 2001. The site is presently vacant and has been mass graded as part of the improvements to Tustin Ranch Road. The project applicant proposes to construct within the maximum allowable intensity of the site which was assumed in the original analysis. Therefore, no significant impact beyond what was analyzed in the adopted FEIS/EIR is anticipated. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to air quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required. Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related operational air quality impacts were significant and infeasible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources. Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through153, 4-207 through 4-230 and pages 7-41 through 7-42) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58) Tustin General Plan IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15, 16 and 17 Page 10 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site has been mass graded as part of Tustin Ranch Road improvements and no vegetation or drainage features are present on the site. The FEIS/EIR found that implementation of the Reuse Plan/MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR, the Supplemental and Addendums for MCAS Tustin. The FEIS/EIR determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the proposed project) could impact the southwestern pond turtle and/or have an impact on jurisdictional waters/wetlands. The overall Specific Plan area has been surveyed, and turtles were captured and moved off the site to another location as directed and overseen by the California Department of Fish and Game in 2004. Since that time, all former Marine Corps base drainage channels in the area were removed and graded by the former owner of the property with the required 401, 404 and 1601 permits issued by Fish and Game, Army Corps of Engineers, and Regional Water Quality Control Board. Consequently, the proposed project would not affect the southwestern pond turtle or have an impact on jurisdictional waters or wetlands. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to biological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 11 Mitigation/Monitoring Required. No mitigation is required. Sources. Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3- 82, 4-103 through 4-108, and 7-26 through 7-27), and Addendum pages 5- 28 to 5-39 MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 to 3-58). Tustin General Plan V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The former MCAS Tustin contained two National Register listed blimp hangars, and several concrete or asphalt blimp landing pads that were considered historically or culturally significant, pursuant to the federal Section 106 process conducted at the site. Through the Section 106 process, these facilities were identified as part of a discontiguous Historic District. The Navy, State Office of Historic Preservation (SHPO), and Advisory Council executed a Memorandum of Agreement (attached as part of the EIS/EIR) with City of Tustin and County of Orange as invited signatories that allowed for the destruction of the blimp pads. The EIS/EIR noted that it may not be financially feasible to retain the blimp hangars and there may be irreversible significant impacts. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. The mitigation program for the hangars was fully implemented by the City. No portion of the previously existing blimp landing pads nor the existing blimp hangars are located within the project site boundary. Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. One recorded archaeological site (CA -ORA -381) was identified within the Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11, 12, 13, 14, 15, 16 and 17 Page 12 Specific Plan area; however, as reported in the FEIS/EIR, this site was destroyed prior to 1971 (when archaeological surveys were first conducted at MCAS Tustin) during construction of two large concrete tanks. The FEIS/EIR indicated that CA -ORA -381 was the only recorded archaeological site within the Specific Plan area. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by grading and construction activities. With the proposed Specific Plan Amendment, the project will comply with tribal consultation requirements of SB18. With the inclusion of mitigation measures that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to cultural resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources. Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 to 3-58). Tustin General Plan VI. GEOLOGY AND SOILS: — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic -related ground failure, including liquefaction? 9 Landslides? Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11, 12, 13, 14, 15, 16 and 17 Page 13 b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and WAS Tustin Specific Plan would "include non- seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure." The FEIS/EIR additionally found that the entire Specific Plan area has a high probability of liquefaction and expansive soils. However, the FEIS/EIR for MCAS Tustin also concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. Specific engineering techniques were included to reduce hazards associated with liquefaction and expansive soils. A project specific geotechnical investigation was prepared for the project by Krazan & Associates dated June 10, 2014 to provide project -specific recommendations for grading and foundation design, incorporating recommendations related to liquefaction and expansive soils. No substantial change is expected for development of the project from the analysis previously completed in the FEIS/EIR for WAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to geology and soils. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 14 substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required. As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3- 97, 4-115 through 4-123 and 7-28 through 7-29) and Amendment Pages 5- 46 through 5-49 Preliminary Geotechnical Engineering Investigation, Krazan & Associates, June 10, 2014 MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 to 3-58). Tustin General Plan VII. HAZARDS AND HAZARDOUS MATERIALS: —Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11, 12, 13, 14, 15, 16 and 17 Page 15 The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditional use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. In addition, construction and commercial uses would not emit hazardous emissions within a quarter mile of an existing or proposed school. The Navy conveyed the property as unrestricted and suitable for residential reuse after completion of a risk assessment and pesticide investigation in 1996. In addition, the project site is located within the boundaries of the Airport Environs Land Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie within a flight approach or departure corridor and thus does not pose an aircraft -related safety hazard for future residents or workers. The project site is also not located in a wildland fire danger area. Compliance with all federal, state and local regulations concerning handling and use of household hazardous substances will reduce potential impacts to below a level of significance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. A Phase I Environmental Site Assessment was prepared for the site by Arcadis, dated February 20, 2015. The Phase I ESA noted that although soil and groundwater remediation in the overall MCAS facility have been ongoing since the early 1990s, the areas of impacted groundwater/soils are located in the western and southern areas of the former base footprint with the nearest located 0.25 miles southwest and down -gradient of the site and therefore unlikely to represent an environmental concern. The Phase I ESA found no evidence of any recognized environmental conditions associated with the site, supporting the original FEIR/EIS findings. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hazards and hazardous materials. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 16 Mitigation/Monitoring Required. As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources. Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3- 117, 4-130 through 4-138 and 7-30 through 7-31) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58) Phase I Environmental Site Assessment, Tustin Ranch Road and Edinger Avenue, Tustin, CA, Arcadis, February 20, 2015 Finding of Suitability to Transfer (FOST), MCAS Tustin Tustin General Plan. VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11, 12, 13, 14, 15, 16 and 17 Page 17 acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The project design and construction of facilities to treat drainage from the site would be required as conditions of approval of the project and the Water Quality Management Plan submitted as part of the entitlement applications. No long-term impacts to hydrology and water quality are anticipated for the proposed project. The proposed project will also not impact groundwater in the deep regional aquifer or shallow aquifer. The proposed project would not include groundwater removal or alteration of historic drainage patterns at the site. The project is not located within a 100 -year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or mudflow. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hydrology and water quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required. As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources. Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3- 105, 4-124 through 4-129 and 7-29 through 7-30) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58) Tustin General Plan Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11, 12, 13, 14, 15,16 and 17 Page 18 Fire Hazard Severity Zone Map (2011) IX. LAND USE AND PLANNING: Would the project: Physically divide an established community? a) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? b) Conflict with any applicable habitat conservation plan or natural community conservation plan? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use with an amended height limit of 60 feet for the acute care/rehabilitation facility, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. The City of Tustin is the controlling authority over implementation of the Specific Plan for the former base, such as land use designations, zoning categories, recreation and open space areas, major arterial roadways, urban design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project complies with Planning Area 7's development standards for commercial uses as noted in Sections 3.4.4.E and 3.4.4.F of the MCAS Tustin Specific Plan, as amended by the proposed project entitlement applications. Compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed Project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to land use and planning. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11,12,13,14, 15, 16 and 17 Page 19 measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: The proposed project is consistent with the development standards of the MCAS Tustin Specific Plan as identified by the adopted FEIS/EIR. No mitigation is required. Sources. Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3 to 4-13 and 7-16 to 7-18) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58). Tustin General Plan X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. Chapter 3.9 of the FEIS/EIR indicates that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project will not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to mineral resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11,12,13,14, 15,16 and 17 Page 20 severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58). XI. NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. The FEIS/EIR indicates that full build -out of the base will create noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11, 12, 13, 14, 15,16 and 17 Page 21 Elements of the Tustin General Plan. The applicant has submitted a Noise Analysis for the project prepared by Landrum & Brown dated April 27, 2015. The study evaluated the noise from adjacent roads (Valencia, Kensington Park Drive, Tustin Ranch Road, and Edinger Avenue), as well as noise from the SCRRA railroad line to the east of Edinger Avenue. The results of the noise analysis is summarized below and in the following table. • The study notes that a significant noise impact is recognized if a 3 dB or greater increase over existing conditions occurs, but found that traffic -related noise increases due to the project ranged between 0.2 to 2.1 dB, and thus the project will not result in significant noise impacts and no mitigation is needed. • The study also evaluated exterior noise exposure related to the playground associated with the childcare center in Building A, using the city's noise standard for schools of 67 Leq(12). The evaluation shows a noise level at the playground of 60 Leq, meeting the noise standard and thus no mitigation is needed. • In order to meet interior noise standards, some buildings will require more than 20 dB of noise reduction, however detailed engineering calculations are necessary when architectural drawings are available. For interior noise, a future study is recommended to address the interior noise level when architectural drawings are available and prior to issuance of building permits. The noise exposure level at each specific area of the project, the noise level standard, noise reduction needed in order to meet the noise level standard for that use, and a conclusion regarding whether additional study is need is presented in the table below. The required reduction noted for the buildings below is to meet interior noise standards which will be determined at the time of building permit. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 22 SUMMARY OF NOISE EXPOSURES AT PROJECT SITE AND CONCLUSIONS WORST CASE NOISE REQUIRED EXPOSURE LAND NOISE REDUCTION LOCATION (dB) USE STANDARD (dB) CONCLUSION Building A 60.7 School 45 15.7 No mitigation Building B 61.7 Retail 55 6.7 No mitigation Building C 63.4 Retail 55 8.4 No mitigation Building D 67.4 Retail 55 12.4 No mitigation Building E 63.4 Retail 55 8.4 No mitigation Building F 64.3 Retail 55 9.3 No mitigation Building G 63.1 Retail 55 8.1 No mitigation Building H 61.6 Retail 55 6.6 No mitigation Building I 61.8 Retail 55 6.8 No mitigation Building J 58.9 Office/Retail 50 8.9 No mitigation Building K 71.5 Medical 45 26.5 Future Study Building L 72.6 Office/Retail 50 22.6 Future Study Building M 59.4 Medical 45 14.4 No mitigation Playground 60.4 School, Exterior 67 0.0 No mitigation Building F Patio 66.4 Retail, Exterior -- -- No mitigation Building G Patio (E) 59.6 Retail, Exterior -- -- No mitigation Building G Patio (R) 66.4 Retail. Exterior -- -- No mitigation Building I Patio 62.9 Retail, Exterior -- -- No mitigation This is consistent with Mitigation Measure N-3 identified in the FEIS/EIR that requires plans demonstrating noise regulation conformity be submitted for review and approval prior to building permits being issued. Compliance with adopted mitigation measures and state and local regulations and standards, along with established engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to noise. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11, 12, 13, 14, 15,16 and 17 Page 23 Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation Submitted Plans Transportation Noise Analysis for Tustin Regency Center dated April 27, 2015 by Landrum & Brown FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162, 4-231 to 4-243 and 7-42 to 7-43) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58). Tustin General Plan XII. POPULATION & HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. No residential uses are proposed. Additionally, the proposed project site is vacant and will not displace people or necessitate construction of replacement housing elsewhere. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to population and housing. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11, 12, 13, 14, 15,16 and 17 Page 24 measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation Monitoring Required: No mitigation is required. Sources. Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4- 14 to 4-29 and 7-18 to 7-19) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58). Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The proposed intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. The site is currently vacant. Development of the site for its intended uses would require public services such as fire and police protection services. As a commercial center, not public service needs are anticipated for schools, libraries, recreation facilities, or biking/hiking trails. Fire Protection. The proposed project will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations existing and planned in the area surrounding the site will meet the demands created by the proposed project. Fire Station No. 37 is present on Kensington Park Drive, immediately north of the site. Police Protection. The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Development of the site would increase the need for police protection services. The developer as a condition of approval for the project would be required to work with the Tustin Police Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11,12,13,14, 15, 16 and 17 Page 25 Department to ensure that adequate security precautions such as visibility, lighting, emergency access, address signage are implemented in the project at plan check. Schools. The proposed project is located within Tustin Unified School District (TUSD). The implementation of the Reuse Plan would provide two 10 -acre sites for elementary schools and a 40 -acre high school site to serve the growing student population within its district. The TUSD will receive its statutory school impact fees per Senate Bill 50 from the proposed commercial development of the site. As a condition of approval for the project, the developer will be required to pay applicable school fees prior to issuance of the building permit. As a commercial use no students will be generated by the proposal, and no students are anticipated beyond what was considered in the FEIR/EIS for the Disposal and Reuse of MCAS, Tustin, and mitigation is limited by State law to requiring payment of the SB 50 school impact fees. Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only result in a library demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library and would not trigger the need for a new facility. Since approval of the original Specific Plan and its FEIS/EIR an upgraded library facility was constructed. General Implementation Requirements: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEIS/EIR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to public services. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources. Field Observation Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 26 FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58). Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. No residential units are included in the proposed project. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. The Reuse Plan process included public conveyance of city parks and an Urban Regional Park to meet the park needs of the Specific Plan. In addition, as a commercial use the proposed project does not generate the need for parkland. The project is not anticipated to increase the use of other existing neighborhood or regional parks such that substantial physical deterioration of the facilities would occur or be accelerated. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to recreation. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required. No mitigation is required. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11,12,13,14, 15,16 and 17 Page 27 Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56 to 4-80 and 7-21 to 7-22 MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58) Tustin General Plan XV. TRANSPORTATIONITRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. The FEIS/EIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. The FEIS/EIR identified the trip generation resulting from implementation of the original Specific Plan and Addendum to create an overall Average Daily Trip (ADT) of 216,445 trips. The Specific Plan also established a trip budget tracking system for each neighborhood to analyze and control the amount and intensity of non-residential development by neighborhood. The tracking system ensures that sufficient ADT capacity exists to serve the development and remainder of the neighborhood. The proposed project Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 28 would not exceed the trip budget analyzed in the FEIS/EIR and its Supplemental and Addendums. Linscott Law & Greenspan Engineers has prepared a Trip Generation Assessment for the proposed project dated April 13, 2015 (Attachment 2) to identify and evaluate how the traffic impacts from the proposed project differ from the original analysis as presented in the FEIS/EIR. According to the MCAS Tustin Specific Plan, a maximum of 248,300 square feet of "village services", consisting of 103,460 square feet of community commercial land use and 144,840 square feet of General Office land use, is permitted within Planning Area 7 of Neighborhood B, with an established trip budget of 8,974 average daily trips (ADTs). The retail/commercial development totals allocated for the Project site, as documented in the MCAS Tustin Specific Plan/Reuse Plan, totals 248,300 SF of floor area that consists of 103,460 SF of retail floor area and 144,840 SF of office space, whereas the proposed Project includes the construction of 248,292 SF of floor area that includes a 98,292 SF retail center and a 150,000 SF of medical/commercial floor area. The proposed tenant mix of the neighborhood retail center is a complementary mix of uses, consisting of the following: • 43,830 SF grocery store • 14,500 SF pharmacy with drive-thru • 8,000 SF of retail/services uses • 16,562 SF of restaurant space/food uses • 4,000 SF of health/fitness club space • 3,400 SF of financial services • 8,000 SF day care center / pre-school The medical plaza also includes a complimentary mix of uses, consisting of the following: • 15,000 SF of office/medical-related retail • 60,000 SF of medical office space • 75,000 SF acute care/rehabilitation facility with 80 beds Trac Generation Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation factors and equations used in this analysis are based on information found in the 9th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2012] or in Appendix F to the FEIS/EIR for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin — Final Traffic Technical Report, dated November 1999. Project site allocation trip budget within PA 7 of Neighborhood B totals 8,974 daily trips, with 442 trips (343 inbound, 99 outbound) occurring during the AM peak hour and 876 trips (339 inbound, 537 outbound) occurring during the PM peak hour. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11, 12, 13, 14, 15, 16 and 17 Page 29 The proposed Project is forecast to generate 7,219 daily trips, with 262 trips (187 inbound, 75 outbound) produced during the AM peak hour and 653 trips (270 inbound, 383 outbound) produced during the PM peak hour. A comparison of the proposed Project's daily trip generation potential of 7,219 ADT with that of the Project site trip budget established in the MCAS Tustin Specific Plan analysis, as shown in the table below, indicates that the proposed Project is forecast to generate approximately 1,755 fewer trips on a daily basis. TRAFFIC GENERATION FORECAST COMPARISON ENTITLED LAND USE VS. PROPOSED PROJECT PLANNING AREA 7 - NEIGHBORHOOD B OF THE TUSTIN LEGACY SPECIFIC PLAN Further, comparison of the Project site trip budget within PA 7 of Neighborhood B with that of the proposed Project shows that the trip generation potential of the Project is well within the mitigated "trip budget" established for the site as evaluated in the EIS/EIR Traffic Study, with 180 fewer trips generated during the AM peak commute hour and 223 fewer trips generated during the critical PM peak commute hour. Given this comparison, the proposed project is well within the trip budget established for the project site. The study has shown that the proposed project does not result in new significant impacts that would require mitigation. Moreover, the proposed on-site circulation system is found to provide adequate capacity in accordance with the performance criteria applied to the project. The City's Traffic Engineer also has reviewed the analysis and concurs with the conclusion the study. Daily ANI Peak Hour PX1 Peak hour Enter Exit Total Enter Exit Total Description 2 -Way Entitled Land Else: • General Office (144,840 SF) 1,922 239 33 272 44 217 261 • Retail (103,460 SF) 7.052 104 66 170 295 320 615 Total Entitled Lund Use 8,974 343 99 442 339 537 876 Trip Generation Proposed Prolecr: ■ Retail Shops (98.292 SF) 4.197 58 36 94 175 190 365 • Retail Office (15,000 SF) 641 9 5 14 27 29 56 • Medical Office Building (60.000 SF) 2.168 113 30 143 60 154 214 • Stilled Nursing Facility (80 Beds) 213 7 4 11 8 l0 18 Total Proposed Project 7,219 187 75 262 270 383 653 Trip Generation Net Difference in Trip Generation -1,755 -156 -24 -180 -69 -154 .23 (Proposed minus Entitled) Further, comparison of the Project site trip budget within PA 7 of Neighborhood B with that of the proposed Project shows that the trip generation potential of the Project is well within the mitigated "trip budget" established for the site as evaluated in the EIS/EIR Traffic Study, with 180 fewer trips generated during the AM peak commute hour and 223 fewer trips generated during the critical PM peak commute hour. Given this comparison, the proposed project is well within the trip budget established for the project site. The study has shown that the proposed project does not result in new significant impacts that would require mitigation. Moreover, the proposed on-site circulation system is found to provide adequate capacity in accordance with the performance criteria applied to the project. The City's Traffic Engineer also has reviewed the analysis and concurs with the conclusion the study. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11,12,13,14, 15,16 and 17 Page 30 No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to traffic. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources. Field Observation Submitted Plans Trip Generation Assessment for the Village at Tustin Legacy within Planning Area 7 or Neighborhood B of the MCAS Tustin Specific Plan/Reuse Plan dated April 13, 2015 by Linscott Law & Greenspan Engineers FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-118 through 3- 142, 4-139 through 4-206 and 7-32 through 7-41) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58). Tustin General Plan XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11, 12, 13, 14, 15, 16 and 17 Page 31 e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed project is for a multiple -use development of 248,292 square feet of commercial uses within the Village Services of the MCAS Tustin Specific Plan area, including a market, childcare center, pharmacy, food uses, medical office uses, and an acute care/rehabilitation facility. The proposed uses are consistent with the approved Specific Plan upon approval of an amendment to allow for an acute care/rehabilitation facility as a conditionally permitted use, and the footprint of the proposed project within Planning Area 7 is substantially the same as in the original FEIS/EIR. The site is presently vacant and has been mass graded as part of Tustin Ranch Road improvements. The intensity proposed by the Project is under the maximum development threshold for Planning Area 7, which contemplates the development of 248,292 square feet of commercial uses in total. The FEIS/EIR analyzed commercial development on the site, which is consistent with the proposed project. Development of the site would require on-site improvements and off-site infrastructure improvements to utilities and roadway systems, including design and construction of improvements on Valencia Avenue and Kensington Park Drive. In addition, certain public infrastructure will be constructed by the applicant which may include storm drain, domestic water, reclaimed water, sanitary sewer, and dry utility service systems necessary to serve the site, and landscape and irrigation in the public right-of-way and on the slope bank of Tustin Ranch Road on the site's southern edge. Also, development of the site is required to meet federal, state, and local standards for design of wastewater treatment. The proposed commercial intensity can be supported by the Irvine Ranch Water District for domestic water and sewer services. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to utilities and service systems. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPS 2015-11,12,13,14, 15,16 and 17 Page 32 Mitigation/Monitoring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources. Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3- 46, 4-32 through 4-55 and 7-20 through 7-21) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-54 through 3-58). Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEIS/EIR mitigation and implementation measures approved by the Tustin City Council, the proposed project does not cause unmitigated environmental effects that will cause substantial effects on human beings, either directly or indirectly. In addition, the proposed project does have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of the reuse and redevelopment of the former MCAS Tustin. The FEIS/EIR, the Supplemental and Addendums previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEIS/EIR. Mitigation measures were identified in the FEIS/EIR to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation/Monitoring Required. The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Evaluation of Environmental Impacts DA 2015-001, SPA 2015-02, CP 2015-003, DR 2015-014, SUB 2015-03 / TPM 2015-127, CUPs 2015-11, 12, 13, 14, 15, 16 and 17 Page 33 Plan. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR and would be included in the project as applicable. Sources. FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-144 through 3-154). Tustin General Plan CONCLUSION The summary concludes that all of the proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR on January 16, 2001 and shall apply to the proposed project, as applicable. 15 `8ir.pr^app ;vi vi r.ra-M-M n vio N �pH my O ONO IA N l7 O l7 O Y'f O< O N < t•'f O O N R", N y! m N ^'il, D �i ioa � i9 � s �, rn� m Y a ...• �, �+ p O 3 O O ii 6ocg$O� mit tgi�T 0 w ` rn Q m m CU7 m is 4 K 9 m '33 > rn a=ci '� > a ca C.) 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E 1iY1 O, JJ .J `:ly �, - I r-- -�_ F- _-. _�}.-1�:-�_..h— (...�•L�'a'u' _ I ..— __ _ 3800AlINf1W1100 -- -' ----_-.-----• - -- - (� .30.3ssf10NVl FINAL PARKING ANALYSIS AND PARKING MANAGEMENT PLAN THE VILLAGE AT TUSTIN LEGACY Tustin, California August 12, 2015 (prior version dated July 17, 2015) Engineers & Planners Traffic Transportation Parking August 12, 2015 Engineers & Planners the Tustin Specific Plan / Reuse Plan for Marine Corps Air Station (MCAS) Tustin, The Traffic City of Tustin Municipal Code, as well as the methodology outlined in Urban Land Transportation Mr. Luis Gomez, Manager - Investments Parking Regency Centers JohnDavil(eatng,PE John P. Keating, PE 915 Wilshire Boulevard, suite 2200 Greensklaw& G reenspan, Er►gmeers Los Angeles, CA 90017 2 Executive Cirrad Sub 250 LLG Reference: 2.14.3493 Irvine, CA 92614 90-05,6175,r Subject: Revised Parking Analysis and Parking Management Plan 349M6173 F The Village at Tustin Legacy ww+n�ngengG►eer�.com Tustin, California Pasadena Irvine Dear Mr. Gomez: San Diego W ,odand We As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Revised Parking Analysis and Parking Management Plan for the for the Village at Tustin Legacy, a proposed community commercial retail center to be developed by Regency Centers. The Project site, which is located in Planning Area (PA) 7 of Neighborhood B of the MCAS Tustin Specific Plan/Reuse Plan adjacent to the existing residential neighborhood of Columbus Square, is a 22.7± acre rectangular - shaped vacant parcel of land situated on the block bounded by Edinger Avenue, Tustin Ranch Road, Valencia Avenue, and Kensington Park Drive in the City of Tustin, California. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project site in the context of the surrounding street system. Figure 2 presents the existing aerial of the Project site. Pursuant to the City's requirements, the preparation of a parking analysis and parking management plan is required to validate the adequacy of the Project's proposed parking supply to accommodate the anticipated mix of tenants of the Project, especially the neighborhood retail center component of the Project. This parking analysis evaluates the shopping center's parking requirements based on PIiibM.unscol;Poszbw the Tustin Specific Plan / Reuse Plan for Marine Corps Air Station (MCAS) Tustin, The Jack M. Greenspan, PEUueI City of Tustin Municipal Code, as well as the methodology outlined in Urban Land William A. U% PE Mao Institute's (ULI) Shared Parking, 2'rd Edition, which is consistent with Chapter 3.13 Paul W.Wilkinson, FE, Off -Street Parking of the MCAS Tustin Specific Plan/Reuse Plan and Chapter 2: JohnDavil(eatng,PE John P. Keating, PE Zoning, Part 6 Off -Street Parking, Section 9264 - Reduction of Off -Street Parking det, FE John A. Boatman, PE Clare M, Look-Joeger.PE Aichatd E. Barretto, PE Ked D. Mabry, PE An LG?A Cwopmy Foandad IM Mr. Luis Gomez August 12, 2015 Page 2 Requirement, Section 9264a Joint Use of Parking Areas of the City's Municipal Code. Our method of analysis, findings, and conclusions are described in detail in the following sections of this report. PROJECT LOCATION AND DESCRIPTION The Project site is a 22.7± acre rectangular -shaped vacant parcel of land located on the block bounded by Edinger Avenue, Tustin Ranch Road, Valencia Avenue, and Kensington Park Drive in the City of Tustin, California. The subject property is located in Planning Area (PA) 7 of Neighborhood B of the Tustin Specific Plan / Reuse Plan for Marine Corps Air Station (MCAS) Tustin. According to the MCAS Tustin Specific Plan/Reuse Plan, a maximum of 248,300 square -feet (SF) of "village services" consisting of 103,460 SF of Community Commercial land use and 144,840 SF of General Office land use, is permitted within PA 7 of Neighborhood B. Figure 2 presents an aerial depiction of the existing site. The proposed Project includes the development of 248,292 SF of floor area consisting of a community commercial center with a total floor area of 98,292 SF within nine (9) buildings (identified as Buildings A through I/Parcel No. 1 through 9)), and a medical plaza consisting of two (2) additional buildings totaling 15,000 SF of medical -related retail or commercial office space, a 60,000 SF medical office building and a 75,000 SF skilled nursing facility/rehab hospital with 80 beds (identified as Building J through M/Parcel No. 10 through 13). The proposed on-site parking supply for the Project totals 1,091 spaces, of which 472 spaces will be located within the retail center with the remaining 619 spaces located within the medical plaza. Figure 3 presents the site plan for the proposed Project as prepared by Architects Orange, whereas Figure 4 presents the proposed parcel map as prepared by Kimley-Horn and Associates, Inc. Review of Figure 3 indicates that access to the site from Kensington Park Drive will be provided via the Kensington Park Drive/Georgia Street signalized intersection, and a full access signalized driveway located between Georgia Street and Valencia Avenue. A right -turn only driveway on Edinger Avenue is also proposed, whereas two additional driveways are proposed on Valencia Avenue (right -turn in only driveway and a right -turn in/out and left -turn out driveway). Mr. Luis Gomez August 12, 2015 Page 3 Table I presents the development summary for the proposed Project. As shown in Table 1, the proposed Project includes the construction of 248,292 SF of floor area that includes a 98,292 SF retail center and a 150,000 SF of medical/commercial floor area. Further review of Table 1 indicates that the proposed tenant mix of the neighborhood retail center is a complementary mix of uses, consisting of the following: ❑ 43,829 SF grocery store, ❑ 14,576 SF pharmacy with drive-thru ❑ 8,000 SF of retail/services uses, ❑ 16,563 SF of restaurant space/food uses, ❑ 4,000 SF of health/fitness club space, ❑ 3,324 SF of financial services, and ❑ 8,000 SF day care center / pre-school The medical plaza also includes a complementary mix of uses, consisting of the following: ❑ 15,000 SF of office/medical-related retail, ❑ 60,000 SF of medical office space ❑ 75,000 SF skilled nursing facility / rehab hospital with 80 beds PARKING SUPPLY -DEMAND ANALYSIS This parking analysis for the Village at Tustin Legacy involves determining the expected parking needs, based on the size and type of proposed development components, versus the parking supply. Typically, there are two methods that can be used to estimate the site's peak parking needs. These methods have been used in this analysis and include: ■ Application of City code requirements (which typically treats each tenancy type as a "stand alone" use at maximum demand). ■ Application of shared parking usage patterns by time -of -day (which recognizes that the parking demand for each tenancy type varies by time of day, day of week and month of the year). The shared parking analysis starts with a code calculation for each tenancy type. Mr. Luis Gomez August 12, 2015 Page 4 The shared parking methodology is concluded to be applicable to a development such as the Village at Tustin Legacy because the individual land use types (i.e., eating establishments, retail shops, office / dental office, retail, fitness center, etc.) experience peak demands at different times of the day, day of the week and month of the year. CODE PARKING REQUIREMENTS The code parking calculation for the Village at Tustin Legacy is based on the City's requirements as outlined in Chapter 3.13: Off -Street Parking of the WAS Tustin Specific Plan/Reuse Plan. The MCAS Tustin Specific Plan/Reuse Plan specifies the following parking requirements as outlined in Table 3-5 Commercial Shopping Center Off -Street Parking Requirements and Table 3-6 Non -Residential Off -Street Parking Requirements for the various mix of uses that are proposed for the Project: ■ PA 7 Village Services: 1 space per 225 square feet of gross floor area (SF — GFA) ■ Health/fitness clubs: 1 space for each 150 square feet of gross floor area (SF — GFA) ■ Banks and financial services: 1 space for each 250 SF - GFA ■ Restaurants/cafes (food consumption primarily on premises): 1 space for each 100 SF — GFA, plus 7 -car stacking space for drive-through ■ Restaurants/take-out/delicatessen/donut shops/coffee shops or similar uses (food consumption primarily away from premises): 1 space for each 250 SF — GFA ■ Clinics, medical/dental offices: 6 spaces per 1000 SF — GFA ■ Offices, administrative: 1 space per 250 SF — GFA ■ Personal Services, beauty/barber shops, other personal services: 1 space per 200 SF — GFA ■ Hospital: 2 spaces per bed ■ Day Care Center, including nurseries and pre-schools: 1 space per employee, plus 1 space per 5 children. Table 2 presents the code parking requirements for the Village at Tustin Legacy for neighborhood retail center component and the medical plaza components, and then combined for the total Project. As shown, given the retail center component of the Project is located within PA 7 Village Services of the MCAS Tustin Specific Plan/Reuse Plan, the application of a parking ratio of 1 space per 225 SF to 98,292 SF Mr. Luis Gomez August 12, 2015 Page 5 results in a parking requirement of 437 spaces. The direct application of City parking codes to the medical plaza component results in a parking requirement of 610 spaces, which results in an overall parking requirement of 1,047 spaces. The entire site has a proposed parking supply of 1,091 spaces, which translates to a parking surplus of 44 spaces when compared to the City's requirements (a surplus of 35 spaces is calculated for the retail center, while a surplus of 9 spaces is calculated for the medical plaza). To validate the adequacy of a parking supply of 472 spaces within the neighborhood retail center component of the Project with the anticipated mix of uses/tenants summarized in Table 1, a shared parking analysis has been prepared based on the utilization profile of each included land use component. In addition, to confirm the adequacy of the medical plaza's parking supply of 619 spaces to satisfy the peak parking demand of the proposed uses, a shared parking assessment was prepared as well. The following section calculates the parking requirements for the Village at Tustin Legacy based on the shared parking methodology approach. SHARED PARKING ANALYSIS Shared Parking Methodology Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Due to the proposed mixed-use characteristics of the Village at Tustin Legacy neighborhood retail center, as well as the medical plaza which allows for retail uses, opportunities to share parking can be expected with full occupancy and completion of the proposed Project. The objective of this shared parking analysis is to forecast the peak parking requirements for the project based on the combined demand patterns of different tenancy types at the site. For this assessment, separate shared parking analyses have been prepared for the neighborhood retail center component and the medical plaza component. Shared parking calculations recognize that different uses often experience individual peak parking demands at different times of day, days of the week, or months of the year. When uses share common parking footprints, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day for weekdays versus weekend days), rather than individual peak ratios as represented in the WAS Tustin Specific Plan/Reuse Plan or City of Tustin Mr. Luis Gomez August 12, 2015 Page 6 Municipal Code. In that way, the shared parking approach starts from the City's own code ratios and results in the "design level" parking supply needs of a site. It should be noted that the "demand" results of the shared parking calculation are intended to be used directly for comparison to site supply. No further adjustments or contingency additions are needed because such contingencies are already built into the peak parking ratios and time of day profiles used in the calculation. There is an important common element between the traditional "code" and the shared parking calculation methodologies; the peak parking ratios or "highpoint" for each land use's parking profile typically equals the "code" parking ratio for that use. The analytical procedures for shared parking analyses are well documented in the Shared Parking, 2"d Edition publication by the Urban Land Institute (ULI). Shared parking calculations for the analysis utilize hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the shared parking approach will result, at other than peak parking demand times, in an excess amount of spaces that will service the overall needs of the project. Key inputs in the shared parking analysis for each land use include: ■ Peak parking demand by land use for visitors and employees. ■ Adjustments for alternative modes of transportation, if applicable. ■ Adjustment for internal capture (captive versus non -captive parking demand), if applicable. ■ Hourly variations of parking demand. ■ Weekday versus weekend adjustment factors ■ Monthly adjustment factors to account for variations of parking demand over the year. ■ Applicable parking ratios published in Chapter 3.13: Off -Street Parking of the MCAS Tustin Specific Plan/Reuse Plan as summarized in Table 3-5 Commercial Shopping Center Off -Street Parking Requirements and Table 3-6 Non -Residential Off -Street Parking Requirement Please note that for this analysis, no monthly adjustment factors to account for variations of parking demand over the year were applied to provide a conservative parking demand forecast. Mr. Luis Gomez August 12, 2015 Page 7 Shared Parking Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) utilized in this analysis and applied to the Project are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2"d Edition. The ULI publication presents hourly parking demand profiles for seven general land uses: office, retail, restaurant, health club, cinema, residential (Central Business District: CBD and non -CBD), hotel (consisting of separate factors for guest rooms, restaurant/lounge, conference room, and convention area). These factors present a profile of parking demand over time and have been used directly, by land use type, in the analysis of this project. The ULI profiles of parking demand have been used directly, by land use type, in the analysis of this site and are applied to the City's applicable parking ratio. The ULI retail use profiles are applied directly. In doing so, there is an intermediate step in expressing ULI profiles as a percentage of the week-long peak, thus arriving at a weekday profile and weekend profile each expressed as a percentage of the baseline parking ratio (ULI actually starts with separate ratios for weekday and weekend day, and develops profiles for each accordingly; we've found it more convenient to translate both profiles to a percent of expected maximum demand, which, for retail, turns out to be on a Saturday). The resulting profiles represent the most likely hourly parking demand profile, and are applied to a retail parking ratio of 1 space per 225 SF of floor area as required for PA 7 Village Services. Peak demand for retail uses occurs between 1:00 PM -2:00 PM on weekdays, and 2:00 PM -4:00 PM on weekends. From Table 2-1, up to 66,405 SF of retail floor area is anticipated. ❑ Building B: 43,829 SF grocery store, ❑ Building C: 4,500 SF of retail/services uses, ❑ Building D: 14,576 SF pharmacy with drive-thru ❑ Building F: 2,000 SF of retail/services uses, ❑ Building I: 1,500 SF of retail/services uses, The ULI Shared Parking publication includes several categories for restaurants. For this analysis, the parking profile for fine/casual dining restaurant, family restaurant and fast-food restaurant were all utilized as each of the categories match the anticipated tenant mix of food uses at the Village at Tustin Legacy. Like the retail profiles, the restaurant profiles are derived exactly from the ULI baseline. The restaurant -parking ratio utilized in this analysis exactly matches the City code rate of 1 space per 100 SF of floor area for those tenants where food consumption is primarily on-site. For those tenants/uses where food consumption is primarily away from the premises (i.e. take-out pizza, donut shop, ice cream shop), a City code rate Mr. Luis Gomez August 12, 2015 Page 8 of 1 space per 250 SF of floor area would be applicable. For this analysis, it is assumed that none of the food uses would fall under the category of "in-line" food/take out. According to the Shared Parking publication, casual/fining dining restaurant uses are shown to experience peak demand between 7:00 PM and 10:00 PM on weekdays, and 8:00 PM and 9:00 PM on weekends, whereas a family restaurant use peak demand occurs between 12:00 PM and 1:00 PM on weekdays and weekends. The fast-food restaurant profile, as contained in the ULI Shared Parking publication, was utilized in this analysis to estimate the hourly parking demand of the proposed fast-food restaurant use. To estimate the parking demand for these uses, a parking ratio of 1 space per 100 SF is utilized. For fast-food uses peak demand occurs between 12:00 PM and 2:00 PM on weekdays and weekends. For this analysis, the mix of restaurants at the Project, totaling, 16,563 SF, is assumed to fall into the following categories: ❑ Building E: 3,300 SF Fast -Food Restaurant ❑ Building F: 4,000 SF Family Restaurant space ❑ Building G: 4,763 SF Family Restaurant space ❑ Building I: 4,500 SF of Fine/Casual Dining space. The health club profiles were also directly derived from ULI. For health clubs, the peak demand occurs between 6:00 PM - 7:00 PM on weekdays and 5:00 PM — 6:00 PM on weekends. To estimate the parking demand for a potential 4,000 SF health club/fitness studio, a parking ratio of 1 space per 150 SF (which matches the City's requirement) is utilized. However, please note that the use of the City's parking rate to estimate the peak parking demand for the proposed Project, which translates to 6.67 spaces per 1,000 SF, is considered conservative given the 4th Edition of Parking Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2010] indicates that the average peak parking demand for ITE Land Use: 492 Health/Fitness Club amounts to 5.27 spaces per 1,000 SF. For bank/financial uses, the parking profile in the ULI publication was used and applied to the City's Parking Code ratio of 1 space 250 SF of floor area to forecast weekday and weekend hourly demand of a 3,224 SF bank. Peak demand for bank uses occurs between 10:00 AM -11:00 AM and 5:00 PM -6:00 PM on weekdays, and 11:00 AM -12:00 PM on weekends. The day care center/pre-school parking profile for this project was based on the operational characteristics of this use. The proposed pre-school is expected to operate Monday through Friday, between the hours of 7:00 AM and 6:00 PM, with extended Mr. Luis Gomez August 12, 2015 Page 9 day care provide from 7:00 AM to 8:00 AM and from 3:00 PM to 6:00 PM, with class scheduled between 8:00 AM and 3:00 PM. The peak -parking ratio for proposed day care center / pre-school exactly equals the City's Parking Code requirement of 1 space per staff/teacher plus 1 space per 5 students. v 8,000 SF day care center / pre-school with a staff of 20 and student enrollment capacity of 156 children. The medical/dental office profiles were also directly derived from ULI and applied to the medical office building and the skilled nursing facility/rehabilitation hospital. Peak demand for medical -related uses occurs between 10:00 AM -11:00 AM and 2:00 PM -3:00 PM on weekdays, and 10:00 AM -12:00 PM on weekends. The peak - parking ratio for medical office uses exactly equals the City's Parking Code requirement of 6 spaces per 1000 SF of floor area. This ratio was applied to the proposed 60,000 SF of medical office building, as well as 15,000 SF of medical office/medical-related retail space to provide a conservative assessment. For the skilled nursing facility/rehabilitation hospital, the peak -parking ratio matches the City's Parking Code requirement of 2 spaces per bed for hospital uses. As noted earlier, no monthly adjustment factors were applied to account for variations of parking demand over the year to provide a conservative parking demand forecast. Application of Shared Parking Methodology Retail Center Component Tables 3 and 4 presents the weekday and weekend parking demand profiles for the neighborhood retail center component of the Project based on the shared parking methodology, assuming full occupancy of the retail center with the anticipated mix of uses as proposed by Regency Centers. Columns (1) through (7) of these tables present the parking accumulation characteristics and parking demand of the retail center component of the Project for the hours of 6:00 AM to midnight. Column (8) presents the expected joint -use parking demand for the proposed neighborhood retail center on an hourly basis, while Column (9) summarizes the hourly parking surplus/deficiency for the proposed project compared to an available shared parking supply of 472 spaces within Parcel No. 1 through No. 9 of the project site plan. The last two columns of these tables identify the hourly parking demand for customers and employees of the retail center. Note that the sizing (floor area) of each land use / tenant, and recommended parking rates are included in the tabular headings of each type. Mr. Luis Gomez August 12, 2015 Page 10 Appendix A contains the shared parking analysis calculation worksheets for the weekday and weekend day parking scenario for the neighborhood retail center. Medical Plaza Component Tables 5 and 6 are similar in format to Tables 3 and 4, but these two tables present the weekday and weekend parking demand profiles for the medical plaza component of the Project based on the shared parking methodology. Columns (1) through (3) of these tables present the parking accumulation characteristics and parking demand of the medical plaza for the hours of 6:00 AM to midnight. Column (4) presents the expected joint -use parking demand for the proposed medical - related use (i.e. medical -related retail, rehabilitation hospital, medical office) on an hourly basis, while Column (5) summarizes the hourly parking surplus/deficiency for the proposed medical plaza compared to an available shared parking supply of 619 spaces proposed within Parcel No. 10 through No. 13. The last two columns of these tables identify the hourly parking demand for customers and employees of the medical plaza. Note that the sizing (floor area) of each land use / tenant, and recommended parking rates are included in the tabular headings of each type. Appendix B contains the shared parking analysis calculation worksheets for the medical plaza's weekday and weekend day parking scenarios. Based on our experience, the shared parking approach summarized in Tables 3 through 6 are believed to be the most appropriate in evaluating the parking supply - demand relationships for the proposed Project. The results in these tables are the focus of this parking investigation and recommendations. Shared Parking Analysis Results Retail Center Component Review of Table 3 shows that the peak -parking requirement for the proposed neighborhood retail center component of the Village at Tustin Legacy, assuming full occupancy of the anticipated mix of uses noted in Table 1, during a weekday occurs at 1:00 PM and totals 435 spaces, of which 339 spaces is customer parking demand with the remaining 96 spaces employee parking demand. On a weekend day, the peak parking requirements for the retail center component of the Project occurs at 1:00 PM as well, when a parking demand of 428 spaces is forecast with 338 spaces is customer parking demand with the remaining 90 spaces employee parking demand (see Table 4). Mr. Luis Gomez August 12, 2015 Page 11 Based on an available shared parking supply of 472 spaces, a surplus of 37 spaces and a surplus of 44 spaces would result during the weekday and weekend peak hours, respectively. Further review of these tables indicate that the neighborhood retail center's shared parking supply of 472 spaces provided within Parcel No. 1 through No. 9 will adequately accommodate the Project's weekday and weekend hourly shared parking demand of all proposed uses, including the employee parking requirements, for all morning, midday, afternoon and evening hours. Consequently, we conclude that there will be adequate parking on Parcel No. 1 through No. 9 of the project site to accommodate full occupancy of the anticipated mix of uses of the neighborhood retail center. Medical Plaza Component Review of Table 5 shows that the peak -parking requirement for the proposed medical plaza component of the Village at Tustin Legacy during a weekday occurs at 2:00 PM and totals 598 spaces, of which 343 spaces is customer/visitor parking demand with the remaining 255 spaces employee parking demand. On a weekend day, the peak parking requirements for the medical plaza component of the Project occurs at 11:00 AM, when a parking demand of 584 spaces is forecast with 327 spaces is customer/visitor parking demand with the remaining 257 spaces employee parking demand (see Table 6). Based on an available shared parking supply of 619 spaces, a surplus of 21 spaces and a surplus of 35 spaces would result during the weekday and weekend peak hours, respectively. Further review of these tables indicate that the medical plaza's shared parking supply of 619 spaces provided within Parcel No. 10 through No. 13 will adequately accommodate the Project's weekday and weekend hourly shared parking demand of all proposed uses, including the employee parking demand, for all morning, midday, afternoon and evening hours. Consequently, we conclude that there will be adequate parking on Parcel No. 10 through No. 13 of the site to accommodate parking demand of the medical plaza. Mr. Luis Gomez August 12, 2015 Page 12 PARHING MANAGEMENT PLAN This Parking Management Plan (PMP) outlines the proposed allocation of parking supply on site and key parking management strategies to maximize the availability of parking for customers and employees of the retail center component and medical plaza component of the Village at Tustin Legacy. Retail Center Component As noted above, the results of the shared parking analysis for the retail center component of the Village at Tustin Legacy indicates that the proposed parking supply of 472 spaces provided within Parcel No. 1 through No. 9 will be sufficient to accommodate the peak parking demand of a 98,292 SF retail center with the following mix of uses/tenants: ❑ 43,829 SF grocery store, ❑ 14,576 SF pharmacy with drive-thru ❑ 8,000 SF of retail/services uses, ❑ 16,563 SF of restaurant space/food uses, ❑ 4,000 SF of health/fitness club space, ❑ 3,324 SF of financial services, and ❑ 8,000 SF day care center / pre-school The retail center component of The Village at Tustin Legacy is comprised of Buildings A, B, C, D, E, F G, H and I, which are intended for mix of uses noted above. These buildings are located on individual lots in the project's Parcel Map - Parcels 1, 2, 3, 4, 5, 6, 7, 8, and 9. A sensitivity analysis has been completed to ensure adequate parking is provided upon completion and full occupancy of the Project, it is recommended that the restaurant/food uses be limited to no more than 20,000 SF (20%) of the total floor area and the health club/fitness studio be no larger than 4,000 SF, unless supported by a supplemental parking analysis. PMP measures — Retail Center Component Specific PMP measures relative to the employee parking operation and short-term parking for customers are described below, and were developed based on the following objectives: Mr. Luis Gomez August 12, 2015 Page 13 ■ The PMP should identify where the employees park within the site. Up to 100 spaces during weekday peak hour will be required to accommodate the parking demand of employees of the retail center. ■ The PMP should identify where location of short-term parking spaces for service retail uses and/or the day care center/pre-school. In lieu of a drop-off area, short term parking spaces (15 minute time limit) should be allocated in close proximity to the access of the proposed day care center/pre-school. 1. Regency Center will work with tenants of the retail center to implement an employee parking program, with the goal of providing convenient and accessible shopping experience for the customers of the retail center and to leave the most desirable parking spaces near each storefront for use by customers. The location of designated employee parking spaces will be developed in collaboration between Regency Center and the tenants. The employee parking spaces will be identified with a white or yellow circle. It is noted that these spaces will be open for customer use. 2. Regency Center will work with tenants of the retail center to identify the need for "short term/time restricted spaces" on an as need basis, dependent on the needs of the proposed retail and/or food use. The short-term spaces may be used for "curbside/take out" and/or for service retail -type users (i.e. dry cleaners/laundry, etc.). The number and location of spaces will be determined by Regency Center and the potential tenants. 3. As noted earlier, it is recommended that between six (6) and eight (8) spaces located directly on the north side and adjacent to the entry of Building A be designated for "short-term (15 minute time limit)" parking to facilitate the drop- off and pick-up children at the proposed day care/pre-school The short-term parking should be enforced Monday through Friday and is provided in lieu of a drop-off area for the proposed day care center/pre-school. It is noted that a turnaround area is provided at the end of the drive aisle that directly adjacent to the day care/pre-school to allow for vehicles to circulate. Regency Center will work closely with the tenants to insure that both employees and property management work together to provide the best shopping experience for the customers, as well as allowing the most desirable parking spaces to be accessed by the customers rather than the employees. Medical Plaza Component As noted above, the medical plaza component of the Village at Tustin Legacy indicates that the proposed parking supply of 619 spaces satisfies the City's parking code requirement of 610 spaces. Further yet, the results of the shared parking analysis indicates that the proposed parking supply of 619 spaces provided within Parcel No. Mr. Luis Gomez August 12, 2015 Page 14 10 through No. 13 will be sufficient to accommodate the peak parking demand of a medical plaza with the following mix of uses/tenants: ❑ 15,000 SF of office/medical-related retail, ❑ 60,000 SF of medical office space ❑ 75,000 SF skilled nursing facility / rehab hospital with 80 beds The medical plaza component of The Village at Tustin Legacy is comprised of Buildings J, K, L, and M which are intended for medical office and Skilled Nursing/Acute Care/Rehabilitation Hospital uses. These buildings are located on individual lots in the project's Parcel Map - Parcels 10, 11, 12, and 13. PMP measures — Medical Plaza Component To ensure adequate parking is provided for each of the four medical buildings and the parking associated with each building is shared among the four uses, the Project would implement the following: 1. CC&Rs specific to the medical plaza component of the Village at Tustin Legacy will include a provision for reciprocal access and parking between the four medical center buildings and provide for the maintenance of the parking areas. 2. A reciprocal parking easement or agreement specific to the Medical Plaza will be recorded which will run with the land. 3. The parking area would include signage indicating that the parking is for medical plaza uses only. 4. If deemed necessary, the operators of the medical plaza will implement an employee parking program, with the goal of providing convenient and accessible experience for the visitors/patients of the medical offices/ rehabilitation hospital as well as customers of the medical -related uses and to leave the most desirable parking spaces adjacent to each building's access for use by visitors/patients and customers. The location of designated employee parking spaces will be developed in collaboration between medical plaza operators and the tenants. The employee parking spaces will be identified with a white or yellow circle. It is noted that these spaces will be open for customer use. 5. If required, the medical plaza operators will collaborate with the tenants of the medical -related retail uses and identify the need and location of short-term parking spaces. Mr. Luis Gomez August 12, 2015 Page 15 SUMMARY OF FINDINGS AND CONCLUSIONS 1. The Village at Tustin Legacy is a proposed mixed-use retail/commercial center with a total floor area of 248,292 SF that will be located on a 22.7± acre rectangular -shaped vacant parcel of land located on the block bounded by Edinger Avenue, Tustin Ranch Road, Valencia Avenue, and Kensington Park Drive in the City of Tustin, California. 2. The proposed Project includes the development of 248,292 SF of floor area consisting of a community commercial center with a total floor area of 98,292 SF within nine (9) buildings, that will consists of the following mix of uses: ❑ 43,829 SF grocery store, ❑ 14,576 SF pharmacy with drive-thru ❑ 8,000 SF of retail/services uses, ❑ 16,563 SF of restaurant space/food uses, ❑ 4,000 SF of health/fitness club space, ❑ 3,324 SF of financial services, and ❑ 8,000 SF day care center / pre-school 3. The medical plaza component of the Project consists of two (2) additional buildings totaling 15,000 SF of medical -related retail or commercial office space, a 60,000 SF medical office building and a 75,000 SF skilled nursing facility/rehab hospital with 80 beds. 4. The proposed on-site parking supply for the Project totals 1,091 spaces, of which 472 spaces will be located within the retail center with the remaining 619 spaces located within the medical plaza. 5. This parking analysis evaluates the adequacy of the proposed parking supply to support the peak parking demands of the Project, inclusive of the proposed mix of tenants for the retail center. 6. Direct application of City parking codes to the proposed tenant mix of the Project results in a total parking requirement of 1,047 parking spaces, which consists of 437 spaces for the retail center and 610 spaces for the medical plaza. The entire site has a supply of 1,091 spaces, which translates to a surplus of 44 spaces when compared to city code requirements. When assessed separately, the 619 -space parking supply of the medical plaza satisfies the City's parking requirement of 610 spaces. Whereas the retail center, with a proposed parking supply of 472 Mr. Luis Gomez August 12, 2015 Page 16 spaces would have a parking surplus of 35 spaces when compared to City code requirement of 437 spaces. 7. Given the anticipated mix of tenancies within the retail center, a shared parking analysis has been prepared and indicates that the available shared parking supply of 437 spaces will be sufficient to meet the projected peak parking demands of customers and employees of the Project. The weekday scenario results in a minimum surplus of 37 spaces, while the weekend scenario results in a minimum surplus of 44 spaces. 8. For the medical plaza, the results of the shared parking analysis indicates that the available shared parking supply of 619 spaces will be sufficient to meet the projected peak parking demands of patients/visitors/customers and employees. The weekday scenario results in a minimum surplus of 21 spaces, while the weekend scenario results in a minimum surplus of 35 spaces. 9. The results of the shared parking analysis indicates that adequate parking will be provided on site to accommodate the proposed mix of uses for the retail center component and the medical plaza component of the Village at Tustin Legacy. We appreciate the opportunity to prepare this analysis for Regency Centers and the City of Tustin. Should you have any questions or need additional assistance, please do not hesitate to call me at (949) 825-6175. Very truly yours, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. 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' I' s ❑ i i i i I a—y g !n x 2 0 o c mNa�og rnm p'ao� 0 a K 03 i 0 m R ~ II I 0 I I I I I I I o Q I I I I I I I I I 2 U I I 1 I I I I I I I I I Z I I s ❑ I a—y g !n x 2 0 o c mNa�og rnm p'ao� I I I I I I I o Q I I I I I I I I I 2 U I I 1 I I I I I I I I I Z I I FMIRSI, AV. to i5t IYU.", TT OX� Ll Jw, a k OR N "A A v) fj Z4 Its TABLE 1 PROPOSED DEVELOPMENT SUMMARY THE VILLAGE AT TUSTIN LEGACY, TUSTIN Parcel No.# 2 Building / Land Use / Project Description Project Development Totals The Village at Tustin Legacy 1. A. Pre-school/Day Care Center with 156 students and 8,000 SF staff of 20, including an Assistant Director and Director 2. B. Grocery / Supermarket 43,829 SF 3. C. Shops 4 (Retail/Service) 4,500 SF 4. D. Pharmacy/Drug with Drive-thru 14,576 SF 5. E. Shops 3 (Fast -Food w/Drive-thru) 3,300 SF 6. F. Shops 2 (Retail/Service/Food) 6,000 SF ❑ 2,000 SF of retail ❑ 4,000 SF of restaurant 7. G. Shops 1 (Retail/Service/Fitness/Food) 8,763 SF ❑ 4,763 SF of restaurant ❑ 4,000 SF health club/retail shops 8. H. Bank with Drive-thru 3,324 SF 9. I. Shops 5 (Retail/Service/Food) 6.000 SF ❑ 1,500 SF of retail ❑ 4,500 SF of restaurant Subtotal: 98,292 SF 10. J. Office / Medical -Related Retail 8,550 SF 11. K. Medical Office Building 60,000 SF 12. L. Office / Medical -Related Retail 6,450 SF 13. M. Skilled Nursing Facility/Rehab Hospital (80 Beds) 75.000 SF Subtotal: 150,000 SF The Village at Tustin Legacy Total 248,292 SF Parking Supply ❑ Neighborhood Retail Center 472 spaces ❑ Medical Plaza 619 spaces Total Parking Supply 1,091 spaces Source: Regency Centers/Architect Orange. The Village at Tustin Legacy Site Plan dated July 2015 Source Regency Centers/Kimley Horn & Associates, Tentative Parcel Map 2015-127 N:'S�i(o"1." . . Yiilageat TustinL.k;acy. iamtit.Luttas_a'>z 1he 1-iilagcat IustutL,�;a,} F'wal HackingAna9}usa-I.-ZU1�..ioc TABLE 2 CITY CODE PARKING REQUIREMENTS 3 THE VILLAGE AT TUSTIN LEGACY, TUSTIN Source: Regency Centers. Architect Orange. Source: MCAS Tustin Specific Plan/Reuse Plan, Table 3-5 Commercial Shopping Center Off -Street Parking Requirements and Table 3-6 Non - Residential Off -Street Parking Requirements and City of Tustin Municipal Code. N;U4nn �l4i-I`+.i - Vidda cut Cusim Ixgacy, iusiin Lwas . • 9 ; Vilingc at 1,i,wi L-,,a,y FiiLa; Pa kin8 As,M su S-i_-2Jl3..iac City of Tustin Spaces Land Use Size Code Parking RatiO4 Required ❑ PA 7 Village Services 98,292 SF 1 space per 225 SF 437 ❑ Hospital / Extended care (elderly, 80 Beds 2 spaces per patient bed (licensed) 160 skilled nursing facilities, etc.) ❑ Office, Medical / Dental Clinics 60,000 SF 6 spaces per 1000 SF of GFA 360 ❑ Office, Medical / Dental / Retail 15,000 SF 6 spaces per 1000 SF of GFA 90 Subtotal 610 A. TOTAL PROPOSED PARKING CODE REQUIREMENT 1,047 B. TOTAL PROPOSED PARKING SUPPLY 1,091 C. PARKING SURPLUS/DEFICIENCY (+/-) (B —A) +44 Source: Regency Centers. Architect Orange. Source: MCAS Tustin Specific Plan/Reuse Plan, Table 3-5 Commercial Shopping Center Off -Street Parking Requirements and Table 3-6 Non - Residential Off -Street Parking Requirements and City of Tustin Municipal Code. N;U4nn �l4i-I`+.i - Vidda cut Cusim Ixgacy, iusiin Lwas . • 9 ; Vilingc at 1,i,wi L-,,a,y FiiLa; Pa kin8 As,M su S-i_-2Jl3..iac O Oa z V W N z In M '.O In Y1 O O� O\ ON Q` 00 M N d a, In A o41 d H A U O O C vl M N g M M M cn n O N 7 N O h eq N fsl y 7 U Q� M Meq N M M M N Tr um C 7 G C L bD a' � .�. ^ N 00 O •7 h O C � N L .0 N 7 4. M M N M y Y e0 U p`°. •fl bD 'O ve Y 'hh M N 00+ M M O �O n N O 7 O M Z d 00 N M M eY •� '7 M M �' �' '7 M N C*' a C t2 L Y 1 V1 u d d o O N N Cos ' � M N W, Q 00 d40 N z h d G w Q w '- O y h 00 M O N .N. .N. 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Q N 0 Z W Y W W z n N Irl N N M M M M VO1 M M N ;-q O 9 U a .Or c Q N N M ,�pOn Q � N 0 Am 00' Vl .� Q� 7 O 00 00 �O �O l� 00 M 00 O, 7 N Ir. In In N O\ 7 M N M M M M M V' V1 V1 In Y1 In C ; cc U p, u d n L C tpCp n O 00 `S OO O� N CD D N N �' N O ^ 0�0 �p ,.., in O L '7 Inn �f i 7 N N d rLT.y� C C o CD O G C b QL O O M 0 0 0 0 0 0 0 0 0 0 0 0 .O tj .� z 904 0 c a D I. d to A .�0i � O %O 00 O p O O M O p O 7 N 00 00 00 00 G O O ; O0 u M o �i V C d 0 O co O\ I M l� M 9 M O O 0,O00 N M 00�O 00 M 7 O C 9 .�. M v1 n 00 O� O� 00 l� �O d' M ey a a � N v Q It) %0 n 00 C, 2 .:� N 9 0. zl APPENDIX A ULI SHARED PARKING CALCULATION WORKSHEETS NEIGHBORHOOD RETAIL CENTER COMPONENT Y: ?4W ?143,193, - b'illagc.n Tustin 1 cgacy. Tusti&-lxturs1i495 Thu Villagc at rustin Legacy Final Parking Analysis 8-12-2915.dov Appendix Table A-1 SHOPPING CENTER (TYPICAL DAYS) WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Shopping Center (Typical Days) Size Pkg Rate[2] 66.405 KSF 4.44 /KSF Shared Parking Demand Gross Spaces 295 Spaces 238 Guest Spc. 57 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 1% 2 9% 5 7 7:00 AM 5% 12 14% 8 20 8:00 AM 14% 33 36% 21 54 9:00 AM 32% 76 68% 39 115 10:00 AM 59% 140 77% 44 184 11:00 AM 77% 183 86% 49 232 12:00 PM 86% 205 90% 51 256 1:00 PM 90% 214 90% 51 265 2:00 PM 86% 205 90% 51 256 3:00 PM 81% 193 90% 51 244 4:00 PM 81% 193 90% 51 244 5:00 PM 86% 205 86% 49 254 6:00 PM 86% 205 86% 49 254 7:00 PM 86% 205 86% 49 254 8:00 PM 72% 171 81% 46 217 9:00 PM 45% 107 68% 39 146 10:00 PM 27% 64 36% 21 85 11:00 PM 9% 21 1 14% 1 8 1 29 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-2 SHOPPING CENTER (TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Shopping Center (Typical Days) Size P Rate[2] 66.405 KSF 4.44 /KSF Shared Parking Demand Gross Spaces 295 Spaces 236 Guest Spc. 59 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 1% 2 10% 6 8 7:00 AM 5% 12 15% 9 21 8:00 AM 10% 24 40% 24 48 9:00 AM 30% 71 75% 44 115 10:00 AM 50% 118 85% 50 168 11:00 AM 65% 153 95% 56 209 12:00 PM 80% 189 100% 59 248 1:00 PM 90% 212 100% 59 271 2:00 PM 100% 236 100% 59 295 3:00 PM 100% 236 100% 59 295 4:00 PM 95% 224 100% 59 283 5:00 PM 90% 212 95% 56 268 6:00 PM 80% 189 85% 50 239 7:00 PM 75% 1 177 80% 47 224 8:00 PM 65% 153 75% 44 197 9:00 PM 50% 118 65% 38 156 10:00 PM 35% 83 45% 27 110 11:00 PM 15% 35 15% 9 44 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy 1 { d#� I I Appendix Table A-3 FINEXASUAL DINING WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Fine/Casual Dining Size Pkg Rate[21 4.500 KSF 10.00 /KSF Shared Parking Demand Gross Spaces 45 Spaces 38 Guest Spc. 7 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 0% 0 0% 00 7:00 AM 0% 0 18% 1 1 8:00 AM 0% 0 45% 3 3 9:00 AM 0% 0 68% 5 5 10:00 AM 14% 5 81% 6 11 11:00 AM 36% 14 81% 6 20 12:00 PM 68% 26 81% 6 32 1:00 PM 68% 26 81% 6 32 2:00 PM 59% 22 81% 6 28 3:00 PM 36% 14 68% 5 19 4:00 PM 45% 17 68% 5 22 5:00 PM 68% 26 90% 6 32 6:00 PM 86% 33 90% 6 39 7:00 PM 90% 34 90% 6 40 8:00 PM 90% 34 90% 6 40 9:00 PM 90% 34 90% 6 40 10:00 PM 86% 33 90% 6 39 11:00 PM 68% 26 77% 5 31 12:00 AM 23% 9 32% 2 11 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-4 FINEXASUAL DINING WEEKEND SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Fine/Casual Dining Size Pkg Rate[2] 4.500 KSF 10.00 /KSF Shared Parking Demand Gross Spaces 45 Spaces 38 Guest Spc. 7 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [31 Spaces Peak [3] Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 20% 1 1 8:00 AM 0% 0 30% 2 2 9:00 AM 0% 0 60% 4 4 10:00 AM 0% 0 75% 5 5 11:00 AM 15% 6 75% 5 11 12:00 PM 50% 19 75% 5 24 1:00 PM 55% 21 75% 5 26 2:00 PM 45% 17 75% 5 22 3:00 PM 45% 17 75% 5 22 4:00 PM 45% 17 75% 5 22 5:00 PM 60% 23 100% 7 30 6:00 PM 90% 34 100% 7 41 7:00 PM 95% 36 100% 7 43 8:00 PM 100% 38 100% 7 45 9:00 PM 90% 34 100% 7 41 10:00 PM 90% 34 100% 7 41 11:00 PM 90% 34 85% 6 40 12:00 AM 50% 19 50% 4___j 23 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-5 FAMILY RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Family Restaurant Size Pkg Rate[2] 8.763 KSF 10.00 /KSF Shared Parking Demand Gross Spaces 88 Spaces 75 Guest Spc. 13 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 180/6 14 35% 5 19 7:00 AM 35% 26 53% 7 33 8:00 AM 42% 32 63% 8 40 9:00 AM 53% 40 63% 8 48 10:00 AM 60% 45 70% 9 54 11:00 AM 63% 47 70% 9 56 12:00 PM 70% 53 70% 9 62 1:00 PM 63% 47 70% 9 56 2:00 PM 35% 1 26 70% 9 35 3:00 PM 32% 24 53% 7 31 4:00 PM 32% 24 53% 7 31 5:00 PM 53% 40 67% 9 49 6:00 PM 56% 42 67% 9 51 7:00 PM 56% 42 67% 9 51 8:00 PM 56% 42 67% 9 51 9:00 PM 42% 32 56% 7 39 10:00 PM 39% 29 46% 6 35 11:00 PM 35% 26 46% 6 32 12:00 AM 18% 14 25% 3 17 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-6 FAMILY RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Family Restaurant Size Pkg Rate [21 8.763 KSF 10.00 /KSF Shared Parking Demand Gross Spaces 88 Spaces 75 Guest Spc. 13 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 10% 8 50% 7 15 7:00 AM 25% 19 75% 10 29 8:00 AM 45% 34 90% 12 46 9:00 AM 70% 53 90% 12 65 10:00 AM 90% 68 100% 13 81 11:00 AM 90% 68 100% 13 81 12:00 PM 100% 75 100% 13 88 1:00 PM 85% 64 100% 13 77 2:00 PM 65% 49 100% 13 62 3:00 PM 40% 30 75% 10 40 4:00 PM 45% 34 75% 10 44 5:00 PM 60% 45 95% 12 57 6:00 PM 70% 53 95% 12 65 7:00 PM 70% 53 95% 12 65 8:00 PM 65% 49 95% 12 61 9:00 PM 30% 23 80% 10 33 10:00 PM 25% 19 650% 8 1 27 11:00 PM 15% 11 65% 8 19 12:00 AM 10% 8 35% 5 L:L� Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-7 FAST-FOOD RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Fast -Food Restaurant Size Pkg Rate[2] 3.300 KSF 10.00 /KSF Shared Parking Demand Gross Spaces 33 Spaces 28 Guest Spc. T 5 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 5% 1 1501. 1 2 7:00 AM 10% 1 3 20% 1 4 8:00 AM 20% 6 30% 2 8 9:00 AM 30% 8 40% 2 10 10:00 AM 55% 15 75% 4 19 11:00 AM 85% 24 100% 5 29 12:00 PM 100% 28 100% 5 33 1:00 PM 100% 28 100% 5 33 2:00 PM 90% 25 95% 5 30 3:00 PM 60% 17 70% 4 21 4:00 PM 55% 15 60% 3 18 5:00 PM 60% 17 70% 4 21 6:00 PM 85% 24 90% 5 29 7:00 PM 80% 22 90% 5 27 8:00 PM 50% 14 60% 3 17 9:00 PM 30% 8 40% 2 10 10:00 PM 20% 6 30% 2 8 11:00 PM 10% 3 20% 1 4 12:00 AM 5% 1 20% 1 2 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-8 FAST-FOOD RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Fast -Food Restaurant Size Pkg Rate [21 3.300 KSF 10.00 /KSF Shared Parking Demand Gross Spaces 33 Spaces 28 Guest Spc. 5 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [31 Spaces Peak [3] Spaces 6:00 AM 5% 1 14% 1 2 7:00 AM 9% 3 19% 1 4 8:00 AM 19% 5 28% 1 6 9:00 AM 28% 8 37% 2 10 10:00 AM 51% 14 70% 4 18 11:00 AM 79% 22 93% 5 27 12:00 PM 93% 26 93% 5 31 1:00 PM 93% 26 93% 5 31 2:00 PM 84% 24 89% 4 28 3:00 PM 56% 16 65% 3 19 4:00 PM 51% 14 56% 3 17 5:00 PM 56% 16 65% 3 19 6:00 PM 79% 22 84% 4 26 7:00 PM 75% 21 84% 4 125 8:00 PM 47% 13 56% 3 16 9:00 PM 28% 8 37% 2 10 10:00 PM 19% 5 28% 1 6 11:00 PM 9% 3 19% 1 4 12:00 AM j 5% 1 19% 1 2 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-9 HEALTH CLUB WEEKDAY SHARED PARKING DEMAND ANALYSIS [11 THE VILLAGE AT TUSTIN LEGACY Land Use Health Club Size Pkg Rate[21 4.000 KSF 6.67 /KSF Shared Parking Demand Gross Spaces 27 Spaces 25 Guest Spc. 2 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [31 Spaces Peak [31 Spaces 6:00 AM 70% 18 75% 2 20 7:00 AM 40% 10 75% 2 12 8:00 AM 40% 10 75% 2 12 9:00 AM 70% 18 75% 2 20 10:00 AM 70% 18 75% 2 20 11:00 AM 80% 20 75% 2 22 12:00 PM 60% 15 75% 2 17 1:00 PM 70% 18 75% 2 20 2:00 PM 70% 18 75% 2 20 3:00 PM 70% 1 18 75% 2 20 4:00 PM 80% 20 75% 2 22 5:00 PM 90% 23 100% 2 25 6:00 PM 100% 25 100% 2 27 7:00 PM 90% 23 75% 2 25 8:00 PM 80% 20 50% 1 21 9:00 PM 70% 18 20% 0 18 10:00 PM 35% 9 20% 0 9 11:00 PM 100/( 3 20% 0 3 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy u re Appendix Table A-10 HEALTH CLUB WEEKEND SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Health Club Size Pkg Rate[2] 4.000 KSF 6.67 /KSF Shared Parking Demand Gross Spaces 27 Spaces 25 Guest Spc. 2 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 66% 17 41% 1 18 7:00 AM 37% 9 41% 1 10 8:00 AM 29% 7 41% 1 8 9:00 AM 41% 10 41% 1 11 10:00 AM 29% 7 41% 1 8 11:00 AM 41% 10 41% 1 11 12:00 PM 41% 10 41% 1 11 1:00 PM 25% 6 41% 1 7 2:00 PM 21% 5 41% 1 6 3:00 PM 25% 6 41% 1 7 4:00 PM 45% 11 62% 1 12 5:00 PM 82% 21 82% 2 23 6:00 PM 78% 20 82% 2 22 7:00 PM 49% 12 62% 1 13 8:00 PM 25% 6 41% 1 7 9:00 PM 8% 2 16% 0 2 10:00 PM 1% 0 16% 0 11:00 PM 1% 0 16% 012:00 Ltll AM 0% 0 0% 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table A-11 DAY CARE WEEKDAY SHARED PARKING DEMAND ANALYSIS [11 THE VILLAGE AT TUSTIN LEGACY Land Use Day-Care/Pre-School Size Pkg Rate[21 8.000 KSF Shared Parking Demand Gross Spaces 51 Spaces 31 Visitor Spc. 20 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [31 Spaces Peak [31 Spaces 6:00 AM 0% 0 3% 1 1 7:00 AM 35% 11 30% 6 17 8:00 AM 60% 19 75% 15 34 9:00 AM 5% 2 95% 19 21 10:00 AM 5% 2 100% 20 22 11:00 AM 5% 2 100% 20 22 12:00 PM 15% 5 90% 18 23 1:00 PM 5% 2 90% 18 20 2:00 PM 5% 2 100% 20 22 3:00 PM 5% 2 100% 20 22 4:00 PM 20% 6 90% 18 24 5:00 PM 20% 6 50% 10 16 6:00 PM 60% 19 25% 5 24 7:00 PM 5% 2 10% 2 4 8:00 PM 0% 0 7% 1 1 9:00 PM 0% 0 3% 1 1 10:00 PM 0% 0 1% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee The Village at Tustin Legacy Appendix Table A-12 DAY CARE WEEKEND SHARED PARKING DEMAND ANALYSIS [11 THE VILLAGE AT TUSTIN LEGACY Land Use Day-Care/Pre-School Size Pkg Rate[21 8.000 KSF Shared Parking Demand Gross Spaces 51 Spaces 31 Visitor Spc. 20 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [31 Spaces Peak [31 Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 2% 1 2% 0 1 8:00 AM 6% 2 6% 1 3 9:00 AM 8% 2 8% 2 4 10:00 AM 9% 3 9% 2 5 11:00 AM 10% 3 10% 2 5 12:00 PM 9% 3 9% 2 5 1:00 PM 8% 2 8% 2 4 2:00 PM 6% 2 6% 1 3 3:00 PM 4% 1 4% 1 2 4:00 PM 2% 1 2% 0 1 5:00 PM 1% 0 1% 0 0 6:00 PM 1% 0 1% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee The Village at Tustin Legacy APPENDIX B ULI SHARED PARKING CALCULATION WORKSHEETS MEDICAL PLAZA COMPONENT \: 3400 21,13491 -Village at Tustin t egaec. Tustin Lcatca,3493 The Village at Tustin Legacy Final Patking Analysis 5-12-2015 doc Appendix Table B-1 SHOPPING CENTER (TYPICAL DAYS) WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Medical -Related Retail Size Pkg Rate[2] 15.000 KSF 6.00 /KSF Shared Parking Demand Gross Spaces 90 Spaces 73 Guest Spc. 17 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3[ Spaces 6:00 AM 1 % 1 9% 2 3 7:00 AM 5% 4 14% 2 6 8:00 AM 14% 10 36% 6 16 9:00 AM 32% 23 68% 12 35 10:00 AM 59% 43 77% 13 56 11:00 AM 77% 56 86% 15 71 12:00 PM 86% 63 90% 15 78 1:00 PM 90% 66 90% 15 81 2:00 PM 86% 63 90% 15 78 3:00 PM 81% 59 90% 15 74 4:00 PM 81% 59 90% 15 74 5:00 PM 86% 63 86% 15 78 6:00 PM 86% 63 86% 15 78 7:00 PM 86% 63 86% 15 78 8:00 PM 72% 53 81% 14 67 9:00 PM 45% 33 68% 12 45 10:00 PM 27% 20 36% 6 26 11:00 PM 9% 7 14% 2 9 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table B-2 SHOPPING CENTER (TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS [1) THE VILLAGE AT TUSTIN LEGACY Land Use Medical -Related Retail Size Pkg Rate[2] 15.000 KSF 6.00 /KSF Shared Parking Demand Gross Spaces 90 Spaces 72 Guest Spc. 18 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 1% 1 10% 2 3 7:00 AM 5% 4 15% 3 7 8:00 AM 10% 7 40% 7 14 9:00 AM 30% 22 75% 14 36 10:00 AM 50% 36 85% 15 51 11:00 AM 65% 47 95% 17 64 12:00 PM 80% 58 100% 18 76 1:00 PM 90% 65 100% 18 83 2:00 PM 100% 72 100% 18 90 3:00 PM 100% 72 100% 18 90 4:00 PM 95% 68 100% 18 86 5:00 PM 90% 65 95% 17 82 6:00 PM 80% 58 85% 15 73 7:00 PM 75% 54 80% 14 68 8:00 PM 65% 47 75% 14 61 9:00 PM 50% 36 65% 12 48 10:00 PM 35% 25 45% 8 33 11:00 PM 15% 11 15% 3 14 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terns of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table B-3 ACUTE CARE/REHAB HOSPITAUMEDICAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Acute Care/Rehab Hospital Size Pkg Rate[2] 80 Beds 2.00 /bed Shared Parking Demand Gross Spaces 160 Spaces 40 Visitor Spc. 120 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3[ Spaces Peak [3] Spaces 6:00 AM 0% 0 15% 18 18 7:00 AM 0% 0 60% 72 72 8:00 AM 90% 36 60% 72 108 9:00 AM 90% 36 100% 120 156 10:00 AM 100% 40 100% 120 160 11:00 AM 100% 40 100% 120 160 12:00 PM 30% 12 100% 120 132 1:00 PM 90% 36 100% 120 156 2:00 PM 100% 40 100% 120 160 3:00 PM 100% 40 100% 120 160 4:00 PM 90% 36 100% 120 156 5:00 PM 80% 32 100% 120 152 6:00 PM 67% 27 67% 80 107 7:00 PM 30% 12 30% 36 48 8:00 PM 15% 6 15% 18 24 9:00 PM 0% 0 15% 18 18 10:00 PM 0% 0 15% 18 18 11:00 PM 0% 0 15% 18 18 12:00 AM 0% 0 15% 18 18 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy 757, I'll Appendix Table B-4 ACUTE CARE/REHAB HOSPITAUMEDICAL OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Acute Care/Rehab Hospital Size Pkg Rate[2] 80 Beds 2.00 /bed Shared Parking Demand Gross Spaces 160 Spaces 40 Visitor Spc. 120 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 6:00 AM 0% 0 15% 18 18 7:00 AM 0% 0 60% 72 72 8:00 AM 90% 36 60% 72 108 9:00 AM 90% 36 100% 120 156 10:00 AM 100% 40 100% 120 160 11:00 AM 100% 1 40 100% 120 1 160 12:00 PM 30% 12 100% 120 132 1:00 PM 90% 36 100% 120 156 2:00 PM 100% 40 100% 120 160 3:00 PM 100% 40 100% 120 160 4:00 PM 90% 36 100% 120 156 5:00 PM 80% 32 100% 120 152 6:00 PM 67% 27 67% 80 107 7:00 PM 30% 12 30% 36 1 48 8:00 PM 15% 6 15% 18 24 9:00 PM 0% 0 15% 18 18 10:00 PM 0% 0 15% 18 18 11:00 PM 0% 0 15% 18 18 12:00 AM 0% 0 15% 18 IL 18 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table B-5 MEDICAUDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [11 THE VILLAGE AT TUSTIN LEGACY Land Use Medical/Dental Office Size Pkg Rate[21 60.000 KSF 6.00 /KSF Shared Parking Demand Gross Spaces 360 Spaces 240 Visitor Spc. 120 Emp. Spc. Time of Day % Of # Of % Of # Of Peak [31 Spaces Peak [31 Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 216 60% 72 288 9:00 AM 90% 216 100% 120 336 10:00 AM 100% 240 100% 120 360 11:00 AM 100% 1 240 100% 120 360 12:00 PM 30% 72 100% 120 192 1:00 PM 90% 216 100% 120 336 2:00 PM 100% 240 100% 120 360 3:00 PM 100% 1 240 100% 120 360 4:00 PM 90% 216 100% 120 336 5:00 PM 80% 192 100% 120 312 6:00 PM 67% 161 67% 80 241 7:00 PM 30% 72 30% 36 108 8:00 PM 15% 36 15% 18 54 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Appendix Table B-6 MEDICAUDENTAL OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] THE VILLAGE AT TUSTIN LEGACY Land Use Medical/Dental Office Size Pkg Rate[2l 60.000 KSF 6.00 /KSF Shared Parking Demand Gross Spaces 360 Spaces 240 Visitor Spc. T 120 Emp. Spc. Time of Day % Of # Of % Of # Of Peak 131 Spaces Peak 131 Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 216 60% 72 288 9:00 AM 90% 216 100% 120 336 10:00 AM 100% 240 100% 120 360 11:00 AM 100% 240 100% 120 360 12:00 PM 30% 72 100% 120 192 1:00 PM 0% 0 0% 0 0 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 1 0% 0 0 12:00 AM 0% 0 1 0% t:tj 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. The Village at Tustin Legacy Transportation Noise Analysis for Tustin Regency Center City of Tustin,. California 563701-0100-A April 29, 2015 Prepared For. Regency Centers 915 Wilshire Boulevard, Suite 2200 Los Angeles, CA 90017 Prepared By. Vince Mestre, P.E. Mike HoIntz, INCE Landrum & Brown 19700 Fairchild Road, Suite 230 Tustin, CA 92612 949-349-0671 U%" Tustin Regency Center Landrum & Brown Project #563701-0100-A TRANSPORTATION NOISE ANALYSIS FOR TUSTIN REGENCY CENTER CITY OF TUSTIN 1.0 INTRODUCTION The purpose of this report is to determine the noise exposure levels at the planned Tustin Regency Center and determine any effects of project -generated traffic noise on adjacent areas. The project calls for the development of thirteen commercial buildings, including offices, medical facilities, retail stores, and restaurants. The project is located in the City of Tustin, California, as shown in Exhibit 1. The site plan is shown in Exhibit 2. The project will be impacted by traffic noise from Edinger Avenue, Tustin Ranch Road, Valencia Avenue, and Kensington Park Drive. The project is also impacted by railroad noise from the SCRRA rail line on the north side of Edinger Avenue. This report determines the noise exposure levels at each building and specifies which buildings will require a future report in order to determine any building upgrades that may be necessary to meet the interior noise standards. Site plan and grading information was obtained from the "Site Plan for Tustin Legacy" by Architects Orange, April 14, 2015 and the "Tustin Regency Grading Exhibit" by Kimley-Horn, March 11, 2015. 2.0 NOISE STANDARDS 2.1 City of Tustin Noise Standards The City of Tustin specifies exterior and indoor noise limits for commercial land uses. The noise standards were obtained from Table N-3 of the City of Tustin Noise Element of the General Plan (June 17, 2008). The standards are based upon the Leq (12) and CNEL metrics. Leq (12) is a 12 -hour average noise level based on the hourly noise levels between 7 a.m. and 7 p.m. CNEL (Community Noise Equivalent Level) is a 24-hour time -weighted annual average noise level based on the A -weighted decibel. A -weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain noise -sensitive time periods is given more significance because it occurs at these times. In the calculation of CNEL, noise occurring in the evening time period (7 p.m. to 10 p.m.) is weighted by 5 dB, while noise occurring in the nighttime period (10 p.m. to 7 a.m.) is weighted by 10 dB. These time periods and weighting factors are used to reflect increased sensitivity to noise while sleeping, eating, and relaxing. Page 1 of 10 peoalie-8 MC ' , Tustin Regency Center Landrum & Brown Project #563701-0100-A The noise standards applicable to this project are shown below in Table 1. Table 1 CITY OF TUSTIN NOISE STANDARDS FOR VARIOUS LAND USES LAND NOISE USE STANDARD School Playground 67 Leq(12) School Buildings 45 CNEL Hospitals and Medical Facilities 45 CNEL Offices 50 CNEL Retail Stores, Restaurants 55 CNEL The City of Tustin does not have any noise standard for exterior dining areas at restaurants. 2.2 Significance Thresholds Long-term off-site impacts from traffic noise are measured against two criteria. Both criteria must be met for a significant impact to be identified. First, project traffic must cause a substantial noise level increase on a roadway segment adjacent to a noise -sensitive land use. Second the resulting future -with -project noise level must exceed the criteria level for the noise - sensitive land use. In community noise assessment, changes in noise levels greater than 3 dB are often identified as significant, while changes less than 1 dB will not be discernible to local residents. In the range of 1 to 3 dB, residents who are very sensitive to noise may perceive a slight change. Note that there is no scientific evidence is available to support the use of 3 dB as the significance threshold. In laboratory testing situations, humans are able to detect noise level changes of slightly less than 1 dB. However, in a community noise situation, changes in noise levels occur over long periods of time, rather than the immediate comparison made in a laboratory situation. Therefore, the level at which changes in community noise levels become discernible is likely to be some value greater than 1 dB, and 3 dB appears to be appropriate for most people. Therefore, a significant noise impact is recognized if an increase of 3 dB or greater over existing conditions occurs. Page 2 of 10 Landrum & Brown 10 METHODOLOGY Tustin Regency Center Project #563701-0100-A The traffic noise levels projected in this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHWA Highway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level". A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent upon the geometry between the noise source, the barrier, and the observer. A noise barrier effect occurs when the "line of sight" between the noise source and the observer is interrupted by the barrier. As the distance that the noise must travel around the noise barrier increases, the amount of noise reduction increases. The FHWA model was also used here in computerized format to determine the required barrier heights. 4.0 NOISE EXPOSURE 4.1 Traffic Noise Impacting Project Site The future (year 2025) average daily traffic (ADT) volumes for Edinger Avenue, Tustin Ranch Road, Valencia Avenue, and Kensington Park Drive were obtained from Mr. Rich Barretto at Linscott, Law & Greenspan Engineers on April 23, 2015. (We attempted to obtain year 2035 volumes, but they were not available). The speeds used are the posted speed limits obtained during the site visit. The traffic volumes, vehicle speeds, and roadway grades used in the CNEL calculations are presented below in Table 2. Table 2 FUTURE TRAFFIC VOLUMES, SPEEDS, AND ROADWAY GRADES ROADWAY TRAFFIC VOLUME SPEED GRADE Edinger Avenue 46,650 55 < 3% Tustin Ranch Road 49,000 55 < 3% Valencia Avenue 19,000 45 < 3% Kensington Park Drive (north of Valencia Avenue) 10,000 40 <3% Kensington Park Drive (south of Edinger Avenue) 7,000 40 <3% Page 3 of 10 Tustin Regency Center Landrum & Brown Project #563701-0100-A The traffic distribution that was used in the CNEL calculations is listed below in Table 3. This arterial traffic distribution estimate was compiled by the Orange County Environmental Management Agency, and is based on traffic counts at 31 intersections throughout the Orange County area. Arterial traffic distribution estimates can be considered typical for arterials in Southern California. Table 3 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0.19 Heavy Truck 0.64 0.02 0.08 Using the assumptions presented above, the future noise levels were computed. The results are listed in Table 4 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of each roadway to the contour value shown. Note that the values given in Table 4 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are included in the noise barrier analysis section (Section 5.0) of this report. Table 4 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS Page 4 of 10 DISTANCE TO CONTOUR (FEET) ROADWAY -70 CNEL- -65 CNEL- -60 CNEL- Edinger Avenue 116 251 540 Tustin Ranch Road 120 259 558 Valencia Avenue 45 97 210 Kensington Park Drive (north of Valencia Avenue) 24 52 112 Kensington Park Drive (south of Edinger Avenue) 19 41 89 Page 4 of 10 E, Tustin Regency Center Landrum & Brown Project #563701-0100-A The building nearest to Edinger Avenue is located 80 feet from the roadway centerline, and would be exposed to a traffic noise level of 72.4 CNEL. The building nearest to Tustin Ranch Road is located 180 feet from the centerline, and would be exposed to a traffic noise level of 60.4 CNEL. The building nearest to Valencia Avenue is located 108 feet from the centerline, and would be exposed to a traffic noise level of 64.3 CNEL. The building nearest to Kensington Park Drive is located 70 feet from the roadway centerline. At this distance, the building would be exposed to a traffic noise level of 63.1 CNEL. 4.2 Railroad Noise Impacts The SCRRA railroad line passes near the northern boundary of the site across Edinger Avenue. To determine train noise levels, the Wyle Train Model was used ("Assessment of Noise Environments Around Railroad Operations", Wyle Laboratories Report WCR-73-5, July, 1973). The noise generated by train operations can be divided into two components; noise generated by the engine or locomotive, and noise generated the railroad cars. The characteristic frequency of the engine is different than the characteristic frequency of the cars. The noise generated by the engine is the result of the mechanical movements of the engine parts, and to a lesser extent, the exhaust system. The noise generated by the cars is a result of the interaction between the wheels and the railroad track. A zero foot high source height is used for the car noise, and a source height of 10 feet is utilized for the locomotive. The railroad line is used for freight and passenger train operations. Freight train operations were estimated based on our previous experience with operations on this line. Passenger train operations were obtained from the published timetables for Amtrak and Metrolink. It should be noted that railroads are free to change operations at their discretion. The total number of operations and the times at which they occur are therefore subject to change. The projected railroad operations are shown in Table 5. Table 5 RAILROAD OPERATIONS MODELED OPERATION AMTRAK METROLINK FREIGHT Day 18 35 2 Evening 2 3 1 Night 2 6 4 Number of Engines 1 1 4 Number of Cars 6 5 70 Speed 60 50 40 Page 5 of 10 Tustin Regency Center Landrum & Brown Project #563701-0100-A The projected operational data presented in Table 5 was utilized in conjunction with the Wyle Model to project train noise levels on the project site. The results of the train noise projections are displayed in Table 6 terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the railroad line to the contour value shown. These projections do not include topography or barriers that may reduce the noise levels. Table 6 RAILROAD NOISE LEVELS NOISE LEVEL Distance to Contour (feet) -70 CNEL- 14 -65 CNEL- 49 -60 CNEL- 161 The building nearest to the railroad tracks is located approximately 185 feet from the centerline between the rails. At this distance, the railroad noise level was estimated to be 58.8 CNEL. 4.3 Total Noise Exposure The north boundary of the project will be exposed to traffic noise and railroad noise. Projecting the noise levels from two noise sources and combining them logarithmically results in the total noise levels impacting the project site. Calculations have established that the railroad noise level at 185 feet from the railroad tracks is 58.8 CNEL. The traffic noise level from Edinger Avenue is 72.4 CNEL. Summing these noise levels results in a combined traffic/railroad noise level of 72.6 CNEL impacting the nearest building at the north edge of the project. 5.0 PROJECT GENERATED TRAFFIC IMPACTS Increased traffic volumes caused by the development of the project will result in increased traffic noise levels along the roadways in the vicinity of the project. This section examines noise level increases and potential impacts from the proposed project on the surrounding land uses. Specifically, traffic noise increases due to the project are examined. The traffic data utilized was provided by Linscott, Law & Greenspan. A significant noise impact is recognized if a 3.0 dB or greater increase over existing conditions occurs. Page 6 of 10 �I Tustin Regency Center r /ftp Landrum & Brown Project #563701-0100-A Table 7 shows the traffic noise level changes due to project -related increases in traffic. Year 2015 traffic volumes were not available, so the project -opening year 2018 volumes were used as the baseline for assessing the traffic noise level increases. Five roadway segments are examined. The first three data columns of Table 7 show the opening year (2018) ADT volume, the project ADT, and the total ADT with the project. The fourth column shows the noise level increase due to the project. The noise level increases are due to the increases in traffic due to the project. Table 7 SUMMARY OF NOISE INCREASES EXISTING INCREASE (YEAR 2018) PROJECT TOTAL DUE TO ROADWAY ADT ADT ADT PROJECT (dB) EDINGER AVENUE 22,983 0.5 West of Tustin Ranch Road 17,407 1,444 28,851 0.2 TUSTIN RANCH ROAD North of Valencia Avenue 20,580 2,403 22,983 0.5 VALENCIA AVENUE West of Tustin Ranch Road 6,722 3,610 10,332 1.9 KENSINGTON PARK DRIVE North of Valencia Avenue 4,533 2,784 7,317 2.1 South of Edinger Avenue 4,533 2,165 6,698 1.7 The data in Table 7 indicates that there would be no increases in traffic noise level greater than 3 dB due to the project. Therefore, the project will not result in significant traffic noise impacts. Page 7 of 10 Landrum & Brown 6.0 EXTERIOR NOISE EXPOSURE 6.1 Exterior Areas Tustin Regency Center Project #563701-0100-A The school playground located on the southeast side of the project must meet the City's 67 Leq (12) exterior noise standard. The playground is exposed primarily to noise from traffic on Tustin Ranch Road. Since this road is elevated in this area of the project, it receives substantial shielding from traffic noise from the edge of the roadway. Calculations were performed for a number of locations at the playground area. The results indicate that the worst-case noise level at the playground is less than 60 Leq (12). This meets the exterior noise standard, and no additional mitigation is needed. The City of Tustin does not have any noise standard for exterior dining areas at restaurants. Therefore, no mitigation is required for these areas. 6.2 Buildings The project will need to comply with the City of Tustin indoor noise standards listed previously in this report. To meet the interior noise standard, the buildings must provide sufficient outdoor to indoor building attenuation to reduce the noise to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements that make up the building. Each unique building element has a characteristic transmission loss. The critical building elements are the roof, walls, windows, doors, and insulation. The noise exposure level at each specific area of the project, the noise level standard, the noise reduction needed in order to meet the noise level standard for that use, and a conclusion regarding whether additional studies are needed for that area, are presented in Table 8. Page 8 of 10 Landrum & Brown Tustin Regency Center Project #563701-0100-A Table 8 SUMMARY OF NOISE EXPOSURES AT PROJECT SITE AND CONCLUSIONS WORST CASE NOISE EXPOSURE LAND NOISE LOCATION (dB) USE STANDARD REQUIRED REDUCTION (dB) CONCLUSION Building A 60.7 School 45 15.7 No mitigation Building B 61.7 Retail 55 6.7 No mitigation Building C 63.4 Retail 55 8.4 No mitigation Building D 67.4 Retail 55 12.4 No mitigation Building E 63.4 Retail 55 8.4 No mitigation Building F 64.3 Retail 55 9.3 No mitigation Building G 63.1 Retail 55 8.1 No mitigation Building H 61.6 Retail 55 6.6 No mitigation Building I 61.8 Retail 55 6.8 No mitigation Building J 58.9 Office/Retail 50 8.9 No mitigation Building K 71.5 Medical 45 26.5 Future Study Building L 72.6 Office/Retail 50 22.6 Future Study Building M 59.4 Medical 45 14.4 No mitigation Playground 60.4 School, Exterior 67 0.0 No mitigation Building F Patio 66.4 Retail, Exterior -- -- No mitigation Building G Patio (E) 59.6 Retail, Exterior -- -- No mitigation Building G Patio (W) 66.4 Retail, Exterior -- -- No mitigation Building I Patio 62.9 Retail, Exterior -- -- No mitigation The data in Table 8 shows that in order to meet the interior noise standards, some buildings will require more than 20 dB of noise reduction. Detailed engineering calculations are necessary for building attenuation requirements greater than 20 dB. A future study will be needed to address the interior noise levels for these buildings when architectural drawings are available, and prior to the issuance of building permits. 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The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That proper application has been submitted for a text amendment to the MCAS Tustin Specific Plan. The proposed amendment will not substantially alter the current adopted MCAS Tustin Specific Plan, but will amend Section 3.4.4 (Planning Area 7) of the Marine Corps Air Station (MCAS) Tustin Specific Plan district regulations by adding uses such as acute care/rehabilitation uses and skilled nursing uses as conditionally permitted uses and increase building height limits to fifty- five (55) feet for medical centers and sixty (60) feet for acute care/rehabilitation facilities within Planning Area 7 of the MCAS Tustin Specific Plan. Planning Area 7 is located between Edinger Avenue and Valencia Avenue and between Tustin Ranch Road and Kensington Park Drive. B. That the MCAS Tustin Specific Plan does not list acute care/rehabilitation and skilled nursing uses as permitted or conditionally permitted uses. C. That the proposed acute care/rehabilitation and skilled nursing uses are specialized medical services for patients needing regular monitoring and rehabilitation therapy. Patients managing and/or recovering from conditions such as, but not limited to, surgery, stroke, neurological disorders, and joint replacement may require the type of acute care services. D. That the proposed development consists of a Medical Center building that is fifty-four (54) feet in height and an acute care/rehabilitation and skilled nursing facility that is sixty (60) feet in height and the MCAS Tustin Specific Plan limits building height to a maximum of forty-five (45) feet. Ordinance No. 1460 SPA 2015-02 (MCAS Tustin) Page 2 E. That the increase in buildings' height is necessary to accommodate specialized ducting, mechanical equipment, air handling equipment and additional floor height to support the proposed medical uses. F. That MCAS Tustin Specific Plan Section 4.2.8 requires an amendment to the Specific Plan be initiated and processed in the same manner set forth in the Tustin City Code. Tustin City Code Section 9295 specifies any amendment to the Zoning may be initiated and adopted as other ordinances are amended or adopted. G. That the proposed Specific Plan Amendment will allow health and medical uses within Planning Area 7 of the MCAS Tustin Specific Plan to accommodate a proposed acute care/rehabilitation and skilled nursing facility in conjunction with a new medical plaza within a new commercial center also known as The Village at Tustin Legacy. H. That the proposed Specific Plan Amendment is consistent with the current overall development potential, intensity, and/or residential capacity allowed by the MCAS Tustin Specific Plan. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4285 recommending that the Tustin City Council approve SPA 2015-02 by adopting Ordinance No. 1460. J. That on , 2015, a public hearing was duly noticed, called, and held before the City Council concerning SPA 2015-02 (Ordinance No. 1460). K. That on January 16, 2001, the City of Tustin certified the program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR and, on May 13, 2013, the City Council adopted Resolution No. 13-32 approving a Second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addendums and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendums and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. L. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from Ordinance No. 1460 SPA 2015-02 (MCAS Tustin) Page 3 approval of the project (Exhibit A). The Environmental Analysis Checklist concludes that all of the proposed project's effects were previously examined in the FEIS/EIR, Addendums and Supplement, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. M. SPA 2015-02 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area. 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city-wide urban design. 4. Promote economic expansion and diversification. 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. SECTION 2. The MCAS Tustin Specific Plan is hereby amended to read as provided in Exhibit B. SECTION 3. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2015. CHARLES E. PUCKETT, MAYOR Ordinance No. 1460 SPA 2015-02 (MCAS Tustin) Page 4 ATTEST: JEFFREY C. PARKER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1460 Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does 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 Ordinance No. 1460 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the day of , 2015, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of , 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Jeffrey C. Parker, City Clerk Published: Chapter 3 • Land Use and Development/Reuse Regulations • Bulk recycling vending (in accordance with the Tustin City Code) • Car wash • Coin-operated self-service laundromats • Commercial recreation facilities • Dry cleaners (storefront) • Dry cleaners (plant on premises) • Emergency care facility • Health club • Large collection recycling facility • Locksmith • Mortuaries • Movie theaters • On-site alcoholic beverage sales establishments including bars, taverns, cocktail lounges (when not an integral part of a restaurant), in accordance with Section 3.14 • Print shop • Restaurants, family, specialty, and fast-food without drive-thru • Restaurants, with drive-thru • Reverse vending recycling machines (in accordance with the Tustin City Code) • Small animal hospitals or clinics • Tailor shop • Telephone answering service • Travel agency • Utility building/facility 3. Offices: • General offices for: advertising agency, economic consultant, insurance companies, escrow companies, interior decorator, real estate, public utilities, personnel agency, management consultant, collection agency • Professional offices for: architect, accountant, attorney, chiropractor, contractor, dentist, doctor, engineer, optometrist, land planner, and other similar professions Health services: acute care/rehabilitation nursine facilitv 4. Public/Institutional uses: C C C C P C P P C P C C C R, C P C P P P C N, 0 • Churches and other religious institutions C • Nursery school or child care center C • Other government/utility facility C • School, private or public C City of Tustin MCAS Tustin Specific Plan/Reuse Plan Page 3-60 Chapter 3 • Land Use and Development/Reuse Regulations B. Accessory Uses and Structures Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted use on the same site. C. Unlisted Uses Those uses not specifically listed are subject to a determination by the Community Development director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land designation of this planning area and the Specific Plan. Decisions of the Director are appealable to the Planning Commission. D. Prohibited Uses Sexually oriented businesses E. Site Development Standards 1. Minimum site size - 10,000 square feet. Minimum building footprint size shall be 10,000 square feet and 1,000 square feet for freestanding retail commercial. 2. Maximum building height - 45 feet a) Niedicai center (excluding medical office, b-) �' cCutc rurFino 3. Maximum floor area ratio - .35 FAR for retail commercial uses, .35 FAR for service commercial uses, .5 FAR for office uses, and .25 FAR for public institutional uses 4. Minimum building setbacks 14 a) Edinger Avenue - 20 feet b) Tustin Ranch Road - 30 feet c) North Loop Road - 25 feet d) West Connector - 20 feet e) Minimum distance between buildings - 10 feet 5. Landscape setbacks 15 a) Edinger Avenue - 30 feet b) Tustin Ranch Road - 30 feet c) North Loop Road - 30 feet d) West Connector - 20 feet i4 Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from future right-of-way. Non- conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of-way. 15 Landscape setbacks are measured from the back of the curb and are a combination of parkway. sidewalk, and planting areas. Non -conforming landscape and building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-of-way. MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-61 EXHIBIT C TO RESOLUTION NO. 4285 Draft Ordinance No. 1461 (Development Agreement) ORDINANCE NO. 1461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2015-001 BETWEEN THE CITY OF TUSTIN AND 1C TUSTIN LEGACY LLC (REGENCY CENTERS) TO FACILITATE THE DEVELOPMENT OF A 248,292 SQUARE -FOOT COMMERCIAL CENTER WITHIN PLANNNG AREA 7 OF NEIGHBORHOOD B OF THE MCAS TUSTIN SPECIFIC PLAN The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That proper application has been submitted by 1 C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square -foot commercial center with multiple uses on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7of the MCAS Tustin Specific plan. B. That MCAS Tustin Specific Plan Section 4.2.9 requires all private development at MCAS Tustin to obtain a Development Agreement in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code. In compliance with Tustin City Code Section 9611, the Tustin Planning Commission must make a recommendation on the proposed Development Agreement to the City Council. C. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. The Planning Commission adopted Resolution No. 4285 recommending that the City Council adopt Ordinance No. 1461. D. That a public hearing was duly called, noticed, and held on said application on , 2015, by the City Council. E. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. Ordinance No. 1461 DA 2015-001 Page 2 An Environmental Checklist has been prepared and concluded that this action does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. F. That the Development Agreement can be supported by the following findings: 1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the MCAS Tustin Specific Plan in that retail, service retail and office uses are permitted uses within Planning Area 7 of Neighborhood B. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 7) in that similar and compatible uses are envisioned within the close proximity of the project site. 3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project would provide a neighborhood commercial development for new and existing Tustin residents thereby providing additional convenience and choices for shopping, dining, childcare, and medical services. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the MCAS Tustin Specific Plan, Tustin City Code, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed Development Agreement and conditions of approval will ensure that the project will have a positive fiscal impact on the City. SECTION 2. The City Council hereby approves Development Agreement 2015-001 attached hereto as Exhibit A and subject to final approval of the City Attorney. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, Ordinance No. 1461 DA 2015-001 Page 3 such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2015. CHARLES E. PUCKETT Mayor JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1461 JEFFREY C. PARKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1461 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the day of , 2015 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2015 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Published: CITY OF TUSTIN OFFICIAL BUSINESS REQUEST DOCUMENT BE RECORDED AND BE EXEMPT FROM PAYMENT OF A RECORDING FEE PER GOVERNMENT CODE 6103 AND 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, California 92780 Attn: City Clerk Space Above This Line Reserved for Recorder's Use Only TUSTIN LEGACY DEVELOPMENT AGREEMENT THIS TUSTIN LEGACY DEVELOPMENT AGREEMENT ("Agreement") is entered into effective as of the Effective Date (as defined below) by and between the CITY OF TUSTIN, a California municipal corporation ("City"), and 1C TUSTIN LEGACY, LLC, a Delaware limited liability company ("Developer"). City and Developer are collectively referred to herein as the "Parties" and individually as a "Party". RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864, et seq., of the Government Code. The Development Agreement Statute authorizes City to enter into an agreement with any person having a legal or equitable interest in real property and to provide for development of such property and to establish certain development rights therein. In addition, Section 4.2.9 of the Specific Plan (as defined below) for MCAS Tustin states: "prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private development shall first obtain a Development Agreement in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code." Pursuant to the authorization set forth in the Development Agreement Statute, City has enacted procedures for entering into development agreements which are contained in Tustin City Code Sections 9600 to 9619. B. City and Developer intend, concurrently with the execution of this Agreement, to enter into the Tustin Legacy Disposition and Development Agreement for Disposition Parcel 1 C, as the same may be amended from time to time ("DDA") pursuant to which City shall agree to sell, and Developer shall agree to buy and develop, certain real property, all as more specifically set forth in the DDA. C. Pursuant to the DDA, Developer has an equitable and/or legal interest in the Property 1078146.01/OC 373768-00001/8-17-15/sqm/sqm (as defined below) in that it has the contractual right to purchase the Property from City for development of the Project (as defined below). D. Pursuant to Government Code Section 65864, the State legislature has found and determined that: "(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of... development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." In accordance with the legislative findings set forth in Government Code Section 65864, City wishes to attain certain public objectives that will be furthered by this Agreement. This Agreement will provide for the orderly implementation of the General Plan of the City ("General Plan"), and the phased development and completion of the Project in accordance with the DDA and the Specific Plan (as defined below). This Agreement will further a comprehensive planning objective contained within the City's General Plan, which is: "To promote an economically balanced community with complimentary and buffered land uses to include industrial, commercial, professional, multi -family and single- family development." E. The DDA, the Specific Plan and the development under the DDA and the Specific Plan require a substantial early investment of money and planning and design effort by Developer. Without the protection provided by this Agreement, uncertainty that the Project may be completed in its entirety could result in a waste of public resources, escalate the cost of public improvements, and discourage Developer's participation in those certain public improvements specified in the DDA and the Specific Plan. Developer's participation in the implementation of the DDA and the Specific Plan will result in a number of public benefits. These benefits require the cooperation and participation of City and Developer and could not be secured without mutual cooperation in and commitment to the comprehensive planning effort that has resulted in the DDA and the Specific Plan. F. Developer wishes to avoid certain development risks and uncertainties that would, in the absence of this Agreement, deter and discourage Developer from making a commitment to implement the DDA and the Specific Plan. These are as follows: 1. It is generally the law in California that, absent extraordinary circumstances or the approval of a vesting subdivision map, an owner of the land does not obtain a vested right to improve land until the issuance of a building permit for the improvements and commencement of substantial construction pursuant to that permit. The result is a disincentive for landowners to invest monies in the early completion of major infrastructure and other public improvements as part of any project or in early comprehensive planning and design studies. 2. Development under the DDA and the Specific Plan requires a substantial early investment of money and planning and design effort by Developer. Uncertainty about City's 1078146.01/OC 373768-00001/8-17-15/sqm/sqm 2- land use policies, rules and regulations could result in a waste of private resources, escalate the cost of certain public improvements, and escalate costs of proposed commercial land uses. G. The following assurances are of vital concern to Developer to offset or remove the disincentives and uncertainties set forth in Paragraph F above: 1. Assurance to Developer that, in return for Developer's commitment to the development of the Property that is contained in the DDA, any approved entitlements, and the Specific Plan, City will in turn remain committed to the Existing Entitlement Approvals (as defined below); 2. Assurances to Developer that as Developer becomes obligated for the costs of designing and constructing the public and private improvements included in the DDA and the Specific Plan, and makes dedications, Developer will become entitled to rely upon the Vested Rights (as defined below) in the development of the Property; and 3. Assurances to Developer that in City's administration of the Existing Entitlement Approvals, Developer will be allowed, consistent with the DDA and the Specific Plan, to develop the commercial land uses and intensities identified in the DDA and the Specific Plan. These assurances provide for cooperation and participation of City and Developer and could not be secured without mutual cooperation in and commitment to the comprehensive planning effort that has resulted in the DDA and the Specific Plan. H. The Development Agreement Statute authorizes local agencies to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. City wishes to enter into a development agreement with Developer to secure the Public Benefits (as defined below) and additional consideration described in this Agreement, and Developer wishes to enter into a development agreement with City to avoid the development risks and uncertainties and to obtain the assurances described above. I. This Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Statute. This Agreement is intended to augment and further the purposes and intent of the Parties in the implementation of the DDA and the Specific Plan. This Agreement, as a device for the implementation of the Existing Entitlement Approvals and the Specific Plan, will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, assure attainment of the maximum effective utilization of resources within the City, and provide other significant public benefits to City and its residents by otherwise achieving the goals and purposes of the Development Agreement Statute. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Applicable Rules, all as more particularly set forth herein. J. City has determined that this Agreement and the Project are consistent with the General Plan and the Specific Plan and that this Agreement complies with the findings established by Tustin City Code Section 9611, in that the Agreement: 1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Specific Plan. 1078146 01/OC 373768 00001/8-17-15/sqm/sqm 3 2. Is compatible with the uses authorized in the district in which the real property is located (Planning Area 7 of MCAS Tustin Specific Plan). Note: the proposed commercial retail and medical office project complies with the uses authorized by the Specific Plan. 3. Is in conformity with the public necessity, public convenience, general welfare, and good land use practices. Note: the Project will enhance community development, provide neighborhood commercial uses within walking distance of existing and planned housing, support economic development and activity in the vicinity of the Project. 4. Will not be detrimental to the health, safety, and general welfare. Note: compliance with the Specific Plan, Tustin City Code, and other regulations will ensure that the Project will not be detrimental in any way. 5. Will not adversely affect the orderly development of property. Note: the proposed Project is orderly and well designed. 6. Will have a positive fiscal impact on the City. Note: the provisions of the DDA will ensure that the Project will have a positive fiscal impact on the City. K. On , 2015, the Planning Commission held a public hearing on this Agreement, made certain findings and determinations with respect thereto, and recommended to the City Council of City that this Agreement be approved. On , 2015, the City Council held a public hearing on this Agreement, considered the recommendations of the Planning Commission, and adopted Ordinance No. , approving this Agreement and authorizing its execution. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement shall be defined as follows: Any capitalized word or term used in this Agreement shall have the definition or meaning ascribed to such word or term as provided in the DDA, unless the word or term is expressly provided in this Section 1.1 of this Agreement, in which event such word or term shall have the definition or meaning as provided herein. All capitalized terms not specifically defined in the DDA or this Agreement shall be interpreted by the Director of Community Development of the City. 1.1.1 "Action" is defined in Section 8.10. 1.1.2 "AD/CFD" is defined in Section 3.1.1. 1.1.3 "Administrative Amendment" is defined in Section 2.6.2. 1078146.01/OC 373768 00001/8-17-15/sqm/sqm 4' 1.1.4 "Agreement" is defined in the introductory paragraph. 1.1.5 "Applicable Rules" means (a) the Existing Land Use Regulations of the City, (b) the Future Rules that are not in conflict (as defined in Section 3.6.2) with the Vested Rights; (c) the Future Rules made applicable to the Project and/or the Property pursuant to Section 3.10; (d) the Existing Entitlement Approvals, and (e) the Subsequent Entitlement Approvals to which the Project and/or the Property or development and use thereof are made subject to pursuant to the terms of this Agreement. 1.1.6 "Applications" is defined in Section 3.11.2. 1.1.7 "Certificate" is defined in Section 4.4. 1.1.8 "City" is defined in the introductory paragraph. 1.1.9 "Claiming Party" is defined in Section 8.11.3. 1.1.10 "Costs" is defined in Section 8.10. 1.1.11 "Damages" is defined in Section 5.3. 1.1.12 "DDA" is defined in the Recital B. 1.1.13 "Decision" is defined in Section 8.10. 1.1.14 "Defaulting Party" is defined in Section 5.1. 1.1.15 "Developer" is defined in the introductory paragraph and includes each and every Successor In Interest of Developer. 1.1.16 "Development Agreement Statute" is defined in Recital A. 1.1.17 "Development Permits" means all ministerial permits, certificates and approvals which may be required by City or other governmental authority for the development and construction of the improvements for the Project, in each case in accordance with this Agreement, the DDA, the Applicable Rules and any required environmental mitigation, including without limitation any engineering permits, grading permits, foundation permits, construction permits and building permits. 1.1.18 "Effective Date" means the date the City's ordinance approving this Agreement becomes effective and, if not otherwise specified in this Agreement, shall mean the date upon which this Agreement is recorded by City in the official records of the Orange County Recorder. 1.1.19 "EIR" means the Final Environmental Impact Statement/Final Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (Final EIS/EIR) and Mitigation Monitoring and Reporting Program for the Final EIS/EIR adopted by the City on January 16, 2001 as subsequently modified and supplemented, including by one or more supplements and addenda to the Final EIR/EIS approved by the City. 1078146.01/OC 373768-00001/8-17 15/sqm/sqm 5 1.1.20 'Entitlement Approvals" means all discretionary land use approvals and entitlements including, without limitation, Specific Plan amendments, tentative and final parcel and tract maps, Conditional Use Permits, the Concept Plans and Design Review approvals as may be applicable for proposed specific uses(s) in connection with development of the Property and all conditions of approval legally required by City and any other Governmental Authority as a condition to subdivision of the Property, development of the Property, and construction of the improvements in accordance with this Agreement. Entitlement Approvals shall be comprised of the Existing Entitlement Approvals and the Subsequent Entitlement Approvals. 1.1.21 'Existing Entitlement Approvals" means all Entitlement Approvals approved or issued prior to the Effective Date and including the approvals listed on Exhibit "D" to this Agreement, which are a matter of public record on the Effective Date. 1.1.22 'Existing Land Use Regulations" means the Land Use Regulations in effect on the Effective Date, including without limitation, the General Plan, the Tustin City Code, the Specific Plan, and all other ordinances, resolutions, rules, and regulations of the City governing development and use of the Property in effect as of the Effective Date. 1.1.23 "Force Majeure Delay" is defined in Section 8.11.1 as limited by Section 8.11.2. 1.1.24 "Future Rules" is defined in Section 3.6.2. 1.1.25 "General Plan" is defined in Recital D. 1. 1.26 "Land Use Regulations" means all laws, statutes, ordinances, resolutions, codes, orders, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted uses of the Property, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of proposed buildings, and the provisions for reservation or dedication of land for public purposes. 1.1.27 "Non -Defaulting Party" is defined in Section 5.1. 1.1.28 "Party" and "Parties" are defined in the introductory paragraph. 1.1.29 "Prevailing Party" is defined in Section 8.10. 1.1.30 "Project" means the development of the Property contemplated by the Entitlement Approvals as such Entitlement Approvals may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.31 "Project Fair Share Contribution" is defined in Section 3.13.3. 1.1.32 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.33 "Public Benefits" means those public benefits to be provided by the Developer and the Project as described in Section 3.1 of this Agreement that comprise enforceable additional consideration to City for this Agreement. 1.1.34 "Reservation of Authority" means the rights and authority excepted from the 1078146.01/OC 373768-00001/8-17-15/sqm/sqm assurances and rights provided to Developer under this Agreement and reserved to City under Section 3.10. 1.1.35 "Second Party" is defined in Section 8.11.3. 1.1.36 "Specific Plan" means the City's MCAS Tustin Specific Plan/Reuse Plan, as amended, and as the same maybe further amended from time to time. 1.1.37 "State" means the State of California. 1.1.38 "Subsequent Entitlement Approvals" means Entitlement Approvals, if any, approved by City subsequent to the Effective Date in connection with development of the Property. 1.1.39 "Successors In Interest" means any person having a legal or equitable interest in the whole of the Property, or any portion thereof. 1.1.40 "Tax A" is defined in Section 3.1.1(a). 1.1.41 "Tax B" is defined in Section 3.1.1(b). 1. 1.42 "Tustin City Code" means the municipal code of the City of Tustin. 1. 1.43 "Vested Rights" means the rights granted to Developer pursuant to this Agreement upon its acquisition of the Property to develop the Property in accordance with, and subject to the terms and conditions of this Agreement, the Existing Entitlement Approvals and any Subsequent Entitlement Approvals approved by City and made applicable to the Property pursuant to the terms of this Agreement. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" — Legal Description of the Property Exhibit "B" — Map showing Property and its location Exhibit "C" — Public Benefit Improvements Exhibit "D" — Existing Entitlement Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2. Interests in Property. City and Developer agree that Developer's right to acquire the Property pursuant to the DDA creates a sufficient legal and/or equitable interest in order to enter into this Agreement. If Developer fails to acquire any portion of the Property, then this Agreement shall automatically no longer be effective as to such portion of the Property concurrently with the date upon which Developer's rights to acquire such portion of the Property expire. 1078146.01/OC 373768-00001/8-17-15/sqm/sqm .7_ 2.3. Term. The term of this Agreement shall commence on the Effective Date and shall continue for a term of five (5)years unless this term is terminated, modified, or extended by circumstances set forth in this Agreement or by mutual written consent of the Parties. Notwithstanding the foregoing, the term of this Agreement shall be automatically extended during the term of any Force Majeure Delay, provided that t' .emaximum term of this Agreement as extended by Force Majeure Delay shall be six (6) years. 2.4. Assignment. 2.4.1 Assignment and Notification. The rights, interests and obligations conveyed and provided herein to Developer benefit and are appurtenant to the Property. Developer has the right to sell, assign and transfer any and all of its rights and interests and to delegate any and all of its duties and obligations hereunder; provided, however, that such rights and interests may not be transferred or assigned except in strict compliance with the provisions of Section 2.2 of the DDA, which are incorporated herein by this reference as though fully set forth in this Agreement, and the following conditions: (a) Developer secures the written consent of City if required pursuant to Section 2.2 of the DDA; (b) Said rights and interests may be transferred or assigned only as an incident of the transfer or assignment of the portion of the Property to which they relate, including any transfer or assignment pursuant to a foreclosure of a Mortgage or a deed in lieu of a foreclosure; (c) Prior to assignment or transfer, Developer shall notify City in writing of such assignment or transfer, the portions of the Property to which the assignment or transfer will be appurtenant, and the name and address (for purposes of notices hereunder) of the transferee or assignee, together with the corresponding development pads which are proposed to be included within such transfer and Developer and the assignee or transferee shall notify City whether the assignee or transferee will assume any of Developer's obligations under this Agreement and which of Developer's obligations will be assumed; and (d) The assignee or transferee shall have entered into an Assignment Agreement if required by the DDA. Any attempt to assign or transfer any right or interest in this Agreement except in strict compliance with this Section 2.4 shall be null and void and of no force and effect. 2.4.2 Subject to Terms of Agreement. Following an assignment or transfer of any of the rights and interests of Developer set forth in this Agreement in accordance with Section 2.4.1, the assignee's exercise, use, and enjoyment of the Property shall be subject to the terms of this Agreement to the same extent as if the assignee or transferee were Developer. 2.4.3 Release of Developer Upon Transfer. Notwithstanding the assignment or transfer of portions or all of the Property or rights or interests under this Agreement, Developer shall continue to be obligated under this Agreement unless released or partially released by City with respect to Developer's obligations and the other duties and obligations of Developer under this Agreement, pursuant to this paragraph, which release or partial release shall apply only with respect to obligations of Developer following the effective date of the assignment and shall be provided by 1078146.01/OC 373768.00001/8-17-15/sqm/sqm 8 City upon the full satisfaction by Developer of each and every one of the following conditions: (a) Developer is not then in default under this Agreement; (b) City has consented to the assignment or transfer if required under Section 2.4.1; (c) The assignment or transfer is not a Transfer to an Affiliate or other Transfer or Transfer of Control for which the DDA expressly provides that Developer shall not be released from its obligations under the DDA; (d) The assignment or transfer is an assignment of all of Developer's interest in the Property, the DDA and this Agreement; (e) An assignee or transferee has assumed all duties and obligations as to which Developer is requesting to be released pursuant to an Assignment and Assumption Agreement approved by City; and (f) The assignee or transferee is financially able to assume the obligations proposed for assignment and has demonstrated to the reasonable satisfaction of City that adequate resources have been committed to the full performance of such obligations. 2.5. Property to Continue to be Subject to This AUeernent. In the absence of specific written agreement by City, pursuant to which City expressly releases the Developer under the applicable provisions of the DDA and this Agreement, no Transfer shall constitute a release of Developer from any of its obligations under this Agreement and the Developer shall retain such obligations and remain jointly and severally liable for such obligations. City shall cooperate with Developer, at no cost to City, in executing in recordable form any document that City has approved to confirm the termination of this Agreement as to any such portion of the Property. 2.6. Amendment or Cancellation of Agreement. 2.6.1 Generally. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Sections 65865.1 or 65868 and Tustin City Code Section 9615. This provision shall not limit any remedy of City or Developer as provided by this Agreement. Either Party or Successor in Interest may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the Parties or their Successors in Interest except as provided otherwise in this Agreement, in Government Code Section 65865. 1, or in the Tustin City Code. 2.6.2 Administrative Amendments. Any amendment to this Agreement which does not relate to the Term of this Agreement, permitted uses of the Project, provisions for the reservation or dedication of land or the conditions, terms, restrictions and requirements relating to Subsequent Entitlement Approvals of City, revisions to Public Benefits (other than to the time for performance of such Public Benefits) or monetary exactions of Developer, shall be considered an "Administrative Amendment". The City Manager or assignee is authorized to execute Administrative Amendments on behalf of City and no action by the City Council (e.g. noticed public hearing) shall be required before the Parties may enter into an Administrative Amendment. However, if in the judgment of the City Manager or assignee that a noticed public hearing on a proposed Administrative Amendment would be required, City's Planning Commission shall conduct a noticed public hearing to consider whether the 1078146.01/OC 373768-00001/8-17-15/sqm/sqm -9- Administrative Amendment should be approved or denied, and shall make a recommendation to the City Council on the matter. The City Council shall conduct a noticed public hearing to consider the request and the Planning Commission's recommendation on the matter. At the conclusion of the public hearing, the City Council may approve, deny, or conditionally approve the amendment. 2.6.3 Consent to Amendments. In the case of amendments affecting portions of the Property, only the consent of the owner of such portion of the Property shall be required so long as the amendment does not diminish the rights appurtenant to or increase the burdens upon any other portion of the Property. Any Future Rule applicable pursuant to this Agreement and any amendment of City Land Use Regulations including to the General Plan, applicable Specific Plan or City's zoning ordinance, shall not require amendment of this Agreement. Instead, any such amendment shall be deemed to be incorporated into this Agreement at the time that such amendment is approved by the appropriate City decision maker, so long as such amendment is consistent with this Agreement. 2.6.4 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3; (b) Entry of a final court judgment not subject to further appeal setting aside, voiding or annulling the adoption of the City ordinance approving this Agreement; (c) The adoption of a referendum measure overriding or repealing the City ordinance approving this Agreement; (d) Completion of the Project and the Public Benefits in accordance with the terms of this Agreement, the DDA, Entitlement Approvals and the Applicable Rules, including issuance of all required occupancy permits and acceptance by City or applicable public agency of all required public improvements and dedications, and City issuance of a Certificate of Compliance pursuant to the DDA (it being expressly acknowledged by the Parties that this Agreement will terminate as to a portion of the Property upon issuance of a Certificate of Compliance for such portion of the Property, but will remain in full force and effect as to any portion of the Property for which a Certificate of Compliance has not then been issued; or (e) Due to termination by City in accordance with Section 4.3 or Article 5; (f) Upon mutual written agreement of City and Developer. In addition, City shall have the right, but not the obligation, to terminate this Agreement as to the portion of the Property reacquired by it pursuant to the Right of Repurchase or the Right of Reversion under the DDA. Termination of this Agreement shall not constitute termination of any other Entitlement Approvals for the Property. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. 2.7. Notices, Demands and Communications between the Parties. All notices, demands, consents, requests and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed conclusively to have been duly given (a) when hand 1078146.01/oc 373768-00001/8-17-15/sqm/sqm '10' delivered to the other Party; (b) three (3) Business Days after such notice has been sent by United States mail via certified mail, return receipt requested, postage prepaid, and addressed to the other Party as set forth below; or (c) the next Business Day after such notice has been deposited with a national overnight delivery service reasonably approved by the Parties (Federal Express, United Parcel Service and U.S. Postal Service are deemed approved by the Parties), postage prepaid, addressed to the Party to whom notice is being sent as set forth with next Business -Day delivery guaranteed, provided that the sending Party receives a confirmation of delivery from the delivery service provider. Unless otherwise provided in writing, all notices hereunder shall be addressed as follows: If to City: Jeffrey C. Parker, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Fax: (714) 838-1602 Email: jparker@tustinca.org With a copy to: David Kendig Woodruff Spradlin & Smart, APC 555 Anton Boulevard, #1200 Costa Mesa, CA 92626 Fax: (714) 415-1183 Email: dkendig@wss-law.com. If to Developer: 1 C Tustin Legacy, LLC 915 Wilshire Blvd, Suite 2200 Los Angeles, CA 90017 Attn: John Mehigan Fax: (213) 624-2279 Email: JohnMehigan@regencycenters.com With a copy to: Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attn: Drew Emmel, Esq. Fax: (949) 553-8354 Email: demmel@allenmatkins.com Any Party may by written notice to the other Party in the manner specified in this Agreement change the address to which notices to such Party shall be delivered. DEVELOPMENT OF THE PROPERTY. 3.1. Public Benefits. This Agreement provides assurances that the Project described by this Agreement will be achieved and developed in accordance with the Applicable Rules and this Agreement, and subject to City's Reservation of Authority. The Parties believe that such orderly development of the Project will provide the benefits to the City and additional regional public benefits, including without limitation: increased tax revenues, installation of on-site and off-site improvements, and creation and retention of jobs. In addition Developer will provide the following additional Public 1078146 OVOC 373768-00001/8-17-15/sqm/sqm 1" Benefits which constitute specific additional consideration for this Agreement for the benefit of City: 3.1.1 Community Facilities District Formation. The City has previously established a Community Facilities District for Tustin Legacy ("AD/CFD") that includes the Property within its boundaries. (a) Capital Facilities (Tax A). Developer acknowledges and agrees that its development plan for the Project will not require use of community facility district proceeds, including proceeds from the AD/CFD and that neither assessment district nor community facilities district proceeds will be used to reimburse Developer for its development costs in connection with the Project, including Project Fair Share Contribution or Project specific construction or infrastructure costs. Accordingly, Developer waives its right to fund all or any portion of the development of the Project pursuant to a Community Facilities District, including pursuant to any Special Tax "A" for the development of facilities within the Tustin Legacy Backbone Infrastructure Program pursuant to the existing AD/CFD ("Tax A"), and the City agrees that Tax A shall not be applicable to the Property or the Improvements thereon and Developer shall have no obligation or liability on account thereof. For the avoidance of doubt, the City agrees that neither the Property nor the Improvements shall be subject to or encumbered by Tax A because Developer's obligation to pay the fair share of the Tustin Legacy Backbone Infrastructure Program shall be satisfied by payment of the Purchase Price under the DDA and Section 3.1.2 below (which Purchase Price is inclusive of the obligation to pay the Developer's fair share of the Tustin Legacy Backbone Infrastructure Program with respect to the Project). (b) Tax B. As part of the AD/CFD the City has previously established Special Tax "B" ("Tax B"), the proceeds of which shall be used by City to fund a portion of City essential services, including police and fire protection, ambulance and paramedic services, recreation programs and services, street sweeping, traffic signal maintenance and the maintenance of City -owned parks, parkways and open spaces, lighting, flood control and storm drain services and other City services and facilities at Tustin Legacy. Tax B is and shall be a tax and lien upon the Property and the Improvements in accordance with the terms of the instruments governing the AD/CFD and Tax B and the term of Tax B imposed upon the Property and the Improvements is and shall be perpetual and shall not be time limited in any manner unless determined by City in its sole discretion. Developer and its Successor Owners shall pay the Tax B amounts due with respect to the Property when due to City. At the sole discretion of City, Tax B may be structured such that assessments shall be due and payable with respect to the Property without consideration for whether or not commercial space has been completed thereon (i.e., such that the Property shall be assessed as improved or developed property). Tax B shall be in lieu of any other assessments, special taxes, fees or charges that may otherwise be charged on account of the types of services covered thereby. (c) Notwithstanding the foregoing, City shall not be prohibited by the terms of this Agreement from subjecting the Property and/or the Improvements thereon to any increase in ad valorem real property tax pursuant to a City of Tustin -wide election, provided that nothing herein shall be construed to constitute a waiver by Developer of its right or ability to dispute or oppose passage of a City of Tustin -wide bond or tax, the proposed formation of any special district or taxing authority in connection therewith, or the imposition of any such tax, or its right to dispute any portion of the Property' assessed value. 3.1.2 Project Fair Share Contribution. The Purchase Price for the Property under the DDA is inclusive of the obligation to pay the Developer's fair share of the Tustin Legacy Backbone Infrastructure Program with respect to the Project and accordingly, upon payment in full of the 1078146.01/OC 373768-00001/8-17-15/sqm/sqm -12- Purchase Price under the DDA, Developer shall be credited in full with payment of its fair share of the Tustin Legacy Backbone Infrastructure Program fees and thereafter no further obligation shall be imposed on Developer of the Project in connection with the Tustin Legacy Backbone Infrastructure Program. 3.1.3 Public Benefit Improvements. Developer shall complete the Public Benefit Improvements listed on Exhibit "C" within the time periods set forth therein. Notwithstanding anything to the contrary in this Agreement, if any payment under this Section is not made or any obligation requiring performance is not performed by Developer, the City may withhold further issuance of building permits and other approvals, including final maps, for the Project until such time as Developer has made the required payment or undertaken the required performance. 3.2. Developer Objectives. In accordance with the legislative findings set forth in Government Code Section 65864, the Developer wishes to obtain reasonable assurances that the Project may be developed in accordance with the Applicable Rules and Existing Entitlement Approvals and with the terms of this Agreement and subject to City's Reservation of Authority. To the extent of Project development, and as provided by Section 3.5.2, Developer anticipates making capital expenditures or causing capital expenditures to be made in reliance upon the DDA and this Agreement. In the absence of this Agreement, Developer would have no assurance that it can complete the Project for the uses and to the density and intensity of development set forth in this Agreement and the Existing Entitlement Approvals. This Agreement, therefore, is necessary to assure Developer that the Project will not be (1) reduced or otherwise modified in density, intensity or use from what is set forth in the Existing Entitlement Approvals, (2) subjected to new rules, regulations, ordinances or official policies or plans except for Future Rules made applicable pursuant to the terms of this Agreement. 3.3. Mutual Objectives. Development of the Project in accordance with this Development Agreement will provide for the orderly development of the Property in accordance with the objectives set forth in the General Plan. Moreover, a development agreement for the Project will eliminate uncertainty in planning for and securing orderly development of the Property, assure installation of necessary improvements, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes established by Government Code Section 65864. Additionally, although development of the Project in accordance with this Agreement will restrain the City's land use or other relevant police powers, this Agreement provides City with sufficient reserved powers during the term hereof to remain responsible and accountable to its residents. In exchange for these and other benefits to City, the Developer will receive assurance that the Project may be developed during the term of this Agreement in accordance with the Applicable Rules, Entitlement Approvals and Reservation of Authority, subject to the terms and conditions of this Agreement. 3.4. Applicability of the Agreement. This Agreement does not: (a) grant density or intensity in excess of that otherwise established in the Existing Entitlement Approvals; (b) eliminate future discretionary actions relating to the Project that are either required by the Applicable Rules or requested by Developer pursuant to applications initiated and submitted by Developer after the Effective Date; (c) guarantee that Developer will receive any profits from the Project; (d) amend the DDA, the Specific Plan or the General Plan or (e) protect the Developer, the Project or the Property from the applicability of any increases in development fees or processing fees. In addition, except 1078146.01/OC 373768-00001/8-17-15/sqm/sqm "13" as specifically set forth in Section 3.6.2 and 3. 10, this Agreement does not protect the Developer, the Project or the Property from the applicability of any Future Rules (i) imposed pursuant to City's Reservation of Authority or (ii) if not imposed pursuant to the City's Reservation of Authority, adopted by the City and not in conflict (as defined in Section 3.6.2) with Existing Land Use Regulations 3.5. Agreement and Assurance on the Part of the Developer. In consideration for City entering into this Agreement, and as an inducement for City to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the premises, purposes and intentions set forth in this Agreement, Developer hereby agrees as follows: 3.5.1 Project Development. Developer agrees that it will use commercially reasonable efforts, in accordance with its own business judgment and taking into account market conditions and economic considerations, to undertake any development of the Project in accordance with the terms and conditions of the DDA, this Agreement and the Existing Entitlement Approvals. 3.5.2 Additional Obligations of Developer as Consideration for this Agreement. In addition to the obligations identified in Section 3. 1, the development assurances provided by Developer in this Agreement and the resulting construction of the Project will result in the following: (a) Construction of a community commercial shopping center of approximately 98,300 buildable square feet, which shall include a single grocery store use of not less than 15,000 square feet and a drug store use; and a medical office and acute care facility of approximately 150,000 buildable square feet at Disposition Parcel 1C, consistent with this Agreement, the Applicable Rules, the Entitlement Approvals and the DDA, including without limitation in accordance with the schedule of performance set forth in the DDA. (b) Construction of all Improvements identified in the DDA in accordance with the schedule of performance set forth in the DDA. (c) Completion of all Public Benefit Improvements identified on Exhibit "C" in accordance with the schedule of performance set forth in the DDA and this Agreement. (d) Compliance with the DDA, the Applicable Rules and Entitlement Approvals, state and federal law, all mitigation measures, including measures imposed pursuant to the California Environmental Quality Act ("CEQA"), all Development Permits and all conditions of approval associated with the foregoing. (f) Payment of all required development related fees, including but not limited to any required Tustin Legacy Backbone Infrastructure Program Fees and processing fees, pursuant to the terms and conditions set forth in the DDA and this Agreement. 3.6. Agreement and Assurances on the Part of City. In consideration for Developer entering into this Agreement, as an inducement for Developer to obligate itself to carry out the covenants and conditions set forth in this Agreement, and in order to effectuate the purpose of this Agreement, City hereby agrees as follows: 3.6.1 Applicable Regulations; Vested Right to Develop. To the maximum extent permitted by law, Developer has the vested right for the term of this Agreement to develop the Project subject to the terms and conditions of this Agreement, the Applicable Rules, state and federal law, and the Existing Entitlement Approvals and any Subsequent Entitlement Approvals approved by City, in each case subject to City's Reservation of Authority and subject to the additional terms and 1078146.01/OC 373768 00001/8-17-15/sqm/sqm -14- conditions set forth in the DDA. Other than as expressly set forth herein, during the Term of this Agreement, the terms and conditions of development applicable to the Property, including but not limited to the permitted uses of the Property, the density and intensity of use, maximum height and size of proposed buildings, the design, improvement and construction standards and specifications applicable to the development of the Property, including any changes authorized pursuant to Section 3.6.2, and the provisions for the reservation and dedication of land as needed for public purposes pursuant to Governmental Requirements, shall be those set forth in the DDA, the Applicable Rules, and the Entitlement Approvals. In connection therewith and subject to the terms of this Agreement including the Reservation of Authority, Developer shall have the Vested Right to carry out and develop the Property in accordance with the Applicable Rules and the Entitlement Approvals and the provisions of this Agreement. 3.6.2 Chanizes Authorized by City. To the extent any changes in the Existing Land Use Regulations, or any provisions of future General Plans, Specific Plans, Tustin City Code or other rules, regulations, ordinances or policies of City (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, or any other board, commission, agency, committee, or department of City, or any officer or employee thereof) following the Effective Date (collectively, "Future Rules") are not in conflict with the Vested Rights, such Future Rules shall be applicable to the Project. For purposes of this Section 3.6.2, the word "conflict" means Future Rules that would (a) frustrate in a more than insignificant way the intent or purpose of the Applicable Rules in relation to the Project; (b) materially increase the cost of performance of, or preclude compliance with, any provision of the Vested Right; (c) delay in a more than insignificant way development of the Project; (d) limit or restrict the availability of public utilities, services, infrastructure of facilities (for example, but not by way of limitation, water rights, water connection or sewage capacity rights, sewer connections, etc.) to the Project, or (e) impose limits or controls in the rate, timing, phasing or sequencing of development of the Project. Notwithstanding the foregoing, a Future Rule that conflicts with the Applicable Rules shall nonetheless apply to the Property if, and only if one of the following apply: (i) it is consented to in writing by Developer; (ii) it is determined by City and evidenced through findings adopted by the City Council that the change or provision is reasonably required in order to prevent a condition dangerous to the public health or safety as set forth in Section 3.10.3 below; (iii) required by changes in State or Federal law as set forth in Section 3.10.2 below; (iv) it consists of revisions to, or new building regulations permitted by Section 3.10.4; or (v) it is otherwise expressly permitted by this Agreement. 3.6.3 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall use commercially reasonable efforts to assist Developer in reserving such capacity for sewer and water services as may be necessary to serve the Project, at no cost or expense to City. 3.6.4 Allocation of Development Rights Under Specific Plan. City hereby acknowledges that it has allocated to the Property and reserved for development of the Project a total of 248,292 buildable square feet of commercial floor area from the total Specific Plan Planning Area 7 authorization of 248,292 buildable square feet of commercial floor area. 3.7. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Authority (and notwithstanding any future action of City or its citizens, whether by ordinance, resolution, initiative or otherwise), the rules, regulations, and official policies governing the Project, including, without limitation, the permitted uses 1078146.01/oc 373768-00001/8-17-15/sqm/sqm 15- of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, the design, improvement and construction standards and specifications applicable to the Project, including any changes authorized pursuant to Section 3.6.2, the subdivision of land and requirements for infrastructure and public improvements, and other terms and conditions of the Project, shall be the Applicable Rules and the provisions of this Agreement. City shall accept for processing and review and take action on all applications for Subsequent Entitlement Approvals as provided in Section 3.9 below. In connection with any Subsequent Entitlement Approval, City shall exercise discretion in the same manner as it exercises its discretion under its police powers, including the Reservation of Authority; provided however, that such discretion shall not prevent development of the Project as set forth in this Agreement. 3.8. Timing of Development. The timing of development will be as set forth in the DDA. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that Developer will adhere to the terms of the DDA regarding the timing of development. 3.9. Subsequent Entitlement Approvals, Changes and Amendments. The Parties acknowledge that refinement and further development of the Project may require Subsequent Entitlement Approvals and may demonstrate that changes are appropriate and desirable in the Existing Entitlement Approvals. Entitlement Approvals (except for this Agreement, the amendment process for which is set forth in Section 2.6) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer (at its sole and absolute discretion). All amendments to the Entitlement Approvals shall automatically become part of the Applicable Rules. In the event Developer finds that a change in the Existing Entitlement Approvals is necessary or appropriate, Developer shall apply for a Subsequent Entitlement Approval to effectuate such change and City shall process and act on such application in accordance with the Applicable Rules, except as otherwise provided by this Agreement, including the Reservation of Authority. If approved, any such change in the Existing Entitlement Approvals shall thereafter be deemed to be an Existing Entitlement Approval and a Vested Right for all purposes of this Agreement without requiring an amendment to this Agreement and may be further changed from time to time as provided in this Section. 3.10. Reservation of Authority. Notwithstanding any other provision of this Agreement to the contrary, the Future Rules described in this Section 3.10 shall apply to and govern development of the Property and Project to the extent set forth herein. 3. 10.1 Consistent Future City Regulations. Future Rules shall apply to and govern development of the Property, provided that any Future Rules which reduce the density or intensity of the Project below that permitted by the Existing Land Use Regulations or the Existing Entitlement Approvals, alter the permitted uses of the Property, reduce the maximum height or size of any permitted buildings, impose additional obligations in connection with the reservation or dedication of land for public purposes beyond the requirements identified in the DDA, or limit the rate, timing, or sequencing of development of the Property from that required in the DDA or in any Entitlement Approvals, shall be deemed inconsistent with this Agreement and shall not be applicable to the development of the Property and Project. 3.10.2 Overriding State and Federal Laws. City shall not be precluded from adopting 1078146.01/oc 373768-00001/8-17 15/sqm/sqm 16- and applying Future Rules to the Property and the development of the Project to the extent that such Future Rules are required to be applied by State or Federal laws or regulations and which would override Developer's Vested Rights as set forth in this Agreement, provided however, that (a) Developer does not waive its right to challenge or contest the validity of such State or Federal rules or regulations; and (b) such Future Rules, if otherwise in conflict with the Vested Rights (as described in Section 3.6.2) shall only be applied to the Project and development of the Project to the extent necessary to comply with such new State or Federal law or regulation. In the event that such State or Federal law or regulation (or Future Rules undertaken pursuant thereto) prevents or precludes substantial compliance with one or more provisions of the Existing Land Use Regulations or this Agreement, the Parties agree to consider in good faith amending or suspending such provisions of this Agreement as may be necessary to comply with such State or Federal laws (or Future Rules), provided that no Party shall be bound to approve any amendment to this Agreement unless this Agreement is amended in accordance with the procedures applicable to the adoption of development agreements as set forth in the Development Agreement Statute and Tustin City Code and each Party retains full discretion with respect thereto. 3.10.3 Public Health and Safety. Nothing in this Agreement shall preclude the City Council from adopting and applying Future Rules that the City Council finds are reasonably necessary to protect persons on the Property or in the immediate community, or both, from conditions dangerous to their health or safety notwithstanding that the applications of such Future Rules or other similar limitation would result in the impairment of Developer's Vested Rights under the Agreement or the Existing Land Use Regulations. In determining whether any such Future Rules are reasonably necessary to protect persons as set forth above, the City Council shall make findings, based on evidence presented to and accepted by the City Council that the changes are reasonably necessary to protect the public health or safety. The provisions of this Section 3.10.3 do not apply to any measure adopted by initiative. 3.10.4 Uniform Construction Codes and Regulations. Policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by City and any local amendments to those codes adopted by City in the future shall apply to the Project and Property. 3.10.5 Police Power. In all respects not provided for in this Agreement, City shall retain full rights to exercise its police powers to regulate development of the Project and Property. Any uses or development requiring a concept plan, design review, tentative tract map, conditional use permit, variance, or other Entitlement Approvals in accordance with Existing Land Use Regulations shall require a permit or approval pursuant to this Agreement and notwithstanding any other provision set forth herein, this Agreement is not intended to vest Developer's right to issuance of such permit or approval. 3.11. Processing. 3.11.1 Subdivisions. A subdivision, as defined in Government Code Section 66473.7, shall not be approved unless a tentative map for the subdivision complies with the provisions of said Section 66473.7. This provision is included in this Agreement to comply with Section 65867.5 of the Government Code. 3.11.2 Subsequent Entitlement Approvals. City shall employ all lawful actions capable of being undertaken by City to promptly (a) accept all complete applications for Subsequent Entitlement Approvals (collectively, "Applications") and (b) process and take action upon 1078146.01/oc 373768-00001/8-17-15/sqm/sqm -17- Applications in accordance with the Applicable Rules with a goal of completing the review within time frames identified in the DDA; provided however, that City shall not be deemed in default under this Agreement should such time frame(s) not be met. To the extent that Developer desires that City plan check or process an Application on an expedited basis and to the extent that it requires an additional expense beyond the customary expense applicable to the general public, City shall inform Developer of such additional expense, including the cost of overtime and private consultants and other third parties. If acceptable to Developer, Developer shall pay the additional cost and City shall use good faith efforts to accelerate the processing time utilizing overtime and the services of private consultants and third parties to the extent available. Upon the written request of Developer, City shall inform Developer of the necessary application requirements for any requested City approval or requirement relating to the Project. At such time as a Subsequent Entitlement Approval applicable to the Property is approved by City, then such Subsequent Entitlement Approval shall become subject to all of the terms and conditions of this Development Agreement and shall be treated as an "Existing Entitlement Approval" under this Agreement. 3.11.3 Filings. Developer shall exercise reasonable efforts to file applications for Development Permits and Entitlement Approvals within the time frames and schedules as generally outlined in the DDA and shall exercise reasonable efforts to attempt to obtain Development Permits and Entitlement Approvals within the time frames identified in the DDA; provided, however, that failure solely to comply with such time frame(s) shall not be deemed to be a default under this Agreement. 3.11.4 Cooperation. City and Developer shall cooperate in processing all applications for permits and approvals for the Project, provided, however, that such cooperation shall not include any obligation of City to incur any un -reimbursed expense, and City shall be entitled, subject to the terms of this Agreement, the DDA and Developer's rights hereunder, to exercise all discretion to which it is entitled by law in processing and issuing any permits and approvals for the Proj ect. 3.11.5 Approvals. Notwithstanding any administrative or judicial proceedings, initiative or referendum concerning any of the Entitlement Approvals, City shall process applications for permits and approvals as provided herein to the fullest extent allowed by law and Developer may proceed at its sole risk with development of the Project pursuant to the DDA the Applicable Rules and Entitlement Approvals to the fullest extent allowed by law. Notwithstanding the foregoing, Developer acknowledges and agrees that City reserves its discretion to approve or disapprove all Subsequent Entitlement Approvals with respect to the Project and that nothing in this Agreement will be construed as circumventing or limiting City's discretion with respect thereto or with respect to the environmental review required by CEQA. Such reservation of discretion will apply to all contemplated legislative and quasi-judicial actions including, without limitation, approval of land use entitlements, CEQA compliance, code enforcement and the making of findings and determinations required by law and the City may, in its sole and absolute discretion, elect not to approve, adopt or certify any requested subsequent entitlement approval based on CEQA review or other discretionary factors. 3.12. CEOA. This Agreement does not modify, alter or change the City's obligations pursuant to CEQA. Developer acknowledges that City is required by State law to comply with CEQA in the consideration and approval of any Subsequent Entitlement Approval and/or any amendment to this Agreement. The EIR, which has been certified by City as being in compliance with CEQA, addresses the potential environmental impacts of the entire Project as it is described in the Existing Entitlement Approvals. Nothing in this Agreement shall require or be construed to require CEQA 1078146 01/OC 373768-00001/8-17-15/sqm/sqm "18" review of ministerial approvals. It is agreed that, in acting on any discretionary Subsequent Entitlement Approvals for the Project, City shall rely on the EIR to satisfy the requirements of CEQA to the extent permissible by CEQA. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Entitlement Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Entitlement Approval and City shall conduct such CEQA review as expeditiously as possible, at Developer's expense. Nothing herein shall restrict or limit the obligation of Developer to pay for and implement any additional mitigation measures or conditions of approval imposed as a result of such CEQA and any Subsequent Entitlement Approval process. 3.13. Fees. 3.13.1 Processing Fees and Charges. Developer shall pay those processing, inspection and plan checking fees and charges required by City under the then current regulations for processing applications and requests for permits, approvals, and other actions and monitoring compliance with any permits issues or approvals granted. 3.13.2 Development Fees. City shall have the right to impose, and Developer shall pay, all development fees adopted by City at the time of issuance of building permits for the Project. 3.13.3 Project Fair Share Contribution. The fair share of the Tustin Legacy Backbone Infrastructure Program to be contributed by Developer with respect to the Project shall be Ten Million Three Hundred Five Thousand Six Hundred Seventeen Dollars ($10,305,617) ("Project Fair Share Contribution") which amount shall be paid as a component of the Purchase Price for the Property pursuant to the DDA. 3.14. Dedications. Developer acknowledges and agrees that it shall be required to make certain dedication to City and other public agencies as required by (a) the Entitlement Approvals, including the approved tentative parcel map, (b) the Applicable Rules, (c) the DDA, (d) the EIR and subsequent CEQA documents, if any, adopted by the City in connection with any Subsequent Entitlement Approval, and (e) as required pursuant to Developer's assumption of City MCAS Tustin obligations under the "Agreement Between the City of Irvine and the City of Tustin Regarding the Implementation, Timing, Funding of Transportation/Circulation Mitigation for the MCAS Tustin Project" and the "Amendment to the Joint Exercise of Powers Agreement Between the City of Santa Ana and the City of Tustin Regarding the Tustin -Santa Ana Transportation Improvement Authority". 3.15. Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of City possess authority to regulate aspects of the Project and development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. City agrees to cooperate fully, at no out of pocket cost to City, with Developer in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of City. 3.16. Tentative Parcel Map and Tract Map Extension. Any subdivision map, heretofore or hereafter approved in connection with development of the Property, shall be eligible for extensions of time as provided in Government Code Section 66452.6, except that any extension shall be consistent with any applicable performance schedule as provided or established in the DDA and shall not be deemed or considered in any way an extension of any Developer rights or obligations under the DDA. 1078146.01/OC 373768-00001/8-17-15/sqm/sqm -19- 3.17. Recording of Final Mau. Development of the Project will require approval by City of the Final Map. Developer acknowledges and agrees that City will not issue a building permit for any building pads, until such time as (a) a final parcel map has been approved by City and Recorded and (b) City and Developer have entered into a Subdivision Improvement Agreement in form approved by City in its Governmental Capacity. 3.18. Quimby Fees and Park Fees. All fees required in connection with the Project pursuant to the Quimby Act, California Government Code Section 66477, if any, are included within the Project Fair Share Contribution and Developer shall not have any additional liability on account thereof. 4. ANNUAL REVIEW. 4.1. Timing and Annual Review. The City Council shall review Developer's performance under this Agreement at least every twelve (12) months from the Effective Date until expiration of the Agreement. In connection with such review, both City and Developer shall have a reasonable opportunity to assert matters which either believes have not been undertaken in accordance with this Agreement, to explain the basis for such assertion, and to receive from the other Party a justification of its position on such matters. 4.2. Review Procedure. City shall provide notice to Developer and deliver to Developer or it successor in interest a copy of all public staff reports, documents and related exhibits concerning City's review of Developer's performance hereunder at least thirty (30) calendar days prior to any date proposed for City Council review of performance under the Agreement. 4.2.1 Good Faith Compliance. Developer or its Successor in Interest shall demonstrate good faith compliance with the terms of this Agreement and shall fiunish evidence of good faith compliance, as City, in its reasonable exercise of its discretion, may require. Evidence of good faith compliance may include the following: (a) conformance with the DDA, including the Scope of Development and Schedule of Performance; (b) conformance with the requirements of the Specific Plan; and (c) conformance with provisions of this Agreement identified by City. 4.2.2 Response. Developer or its successor in interest shall have the opportunity to be heard and respond to City's evaluation of Developer's performance, either orally or in a written statement, at Developer's election. 4.2.3 Non -Compliance. If, as a result of its periodic review as described in Section 4. 1, the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms or conditions of this Agreement, the City Council may commence proceedings to enforce, modify, or terminate this Agreement. 4.2.4 Referral. The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. 4.3. Modification or Termination. If the City Council determines to proceed with modification or termination of this Agreement, the City Council shall give notice to Developer or successor in interest thereto of its intention to do so. The Notice shall contain all information required 1078146.01/oc 373768-00001/8-17-15/sqm/sqm -20- by Tustin City Code Section 9618. At the time and place set for the hearing on modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for a report and recommendation. The City Council may take such action as it deems necessary to protect the interests of City, including but not limited to, the receipt of additional evidence as to Developer's compliance with the terms of this Agreement. The decision of the City Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b). 4.4. Certificate of Agreement Compliance. If, at the conclusion of a periodic review, Developer is found to be in compliance with this Agreement, City shall, upon request of the Developer, issue a Certificate (the "Certificate") to Developer stating that after the most recent periodic review and based upon the information known or made known to the City Council that: (a) this Agreement remains in effect, and (b) Developer is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state the anticipated date of commencement of the next periodic review. Developer may record the Certificate with the County Recorder. If City does not find Developer to be in compliance with this Agreement, it shall not be obligated to issue the Certificate. 5. DEFAULT, REMEDIES, AND TERMINATION. 5.1. Default Procedure. A non -defaulting Party (the "Non -Defaulting Party") at its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of any other Party ("Defaulting Party") to perform any material duty or obligation of said Defaulting Party in accordance with the terms of this Agreement. However, the Non -Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed to be in "default" of its obligations set forth in this Agreement if the Defaulting Party has failed to take action and cure the default within ten (10) calendar days after the date of such notice (for monetary defaults) or within thirty (30) calendar days after the date of such notice (for non -monetary defaults). If, however, a non -monetary default cannot be cured within such thirty (30) calendar day period, as long as the Defaulting Party does each of the following: (a) provides the Non -Defaulting Party in writing a reasonable explanation as to the reasons the asserted default is not curable within the thirty (30) calendar day period; (b) notifies the Non -Defaulting Party in writing of the Defaulting Party's proposed course of action to cure the default; (c) promptly commences to cure the default within the thirty (30) calendar day period; (d) makes periodic written reports to the Non -Defaulting Party as to the progress of the program of cure; and (e) diligently prosecutes such cure to completion, then the Non -Defaulting Party shall grant in writing the Defaulting Party such additional time as determined by the Non -Defaulting Party as reasonably necessary to cure such default. 1078146.01/OC 373768-00001/8-17-15/sqm/sqm 5.2. City's Remedies. In the event of an uncured default by Developer under this Agreement, the City, at its option, may institute legal action to cure, correct or remedy such default, enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 5.2, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to Section 4.3, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in Tustin City Code Section 9618. The decision of the City Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b). 5.3. Developer's Remedies. In the event of an uncured default of City under this Agreement, Developer shall be entitled to any or all of the following remedies: (a) seeking mandamus or special writs, injunctive relief, or specific performance of this Agreement; (b) modification or termination of this Agreement; or (c) seeking any other remedy available at law or in equity, provided, however, except as provided in Section 8.10 below, the Developer agrees and covenants on behalf of itself and it successors and assigns, not to sue City for damages or monetary relief for any breach of this Agreement or arising out of or connected with any dispute, controversy or issue regarding the application or effect of this Agreement, or for general, special, compensatory, expectation, anticipation, indirect, consequential, exemplary, or punitive damages ("Damages") arising out of or connected with any dispute, controversy, or issues regarding the application or effect of this Agreement, the DDA, the Applicable Rules, or any Development Permits or Entitlement Approvals sought in connection with development or use of the Property or Project, or any portion thereof. Developer acknowledges that City would not have entered into this Agreement if City could be held liable for Damages for any default or breach arising out of this Agreement and that Developer has adequate remedies other than Damages to secure City's compliance with its obligations under this Agreement. Therefore, Developer agrees that City, its officers, employees and agents shall not be liable for any Damages and that this section shall apply to all Successors in Interest of the Developer. 5.4. Third Party Legal Challenges. In the event of any legal action instituted by a third party challenging the validity or enforceability of any provision of this Agreement, the Applicable Rules, the DDA, or Entitlement Approvals for the Project or the approval of any CEQA document prepared in connection with the foregoing, Developer agrees, at its sole cost and expense, to defend (with counsel reasonably acceptable to City), indemnify, and hold harmless City, its officers, employees, agents, and consultants, from any claim, action, or proceeding against 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 the Project. City agrees to promptly notify Developer of any such claim or action filed against City and to cooperate in the defense of any such action. Developer shall also indemnify and hold harmless City and its agents, officials and employees from and against all claims, losses, or liabilities assessed or awarded against City by way of judgment, settlement, or stipulation. City may elect to participate in the defense of any such action under this condition. 6. INDEMNITY BY DEVELOPER. Developer agrees to indemnify, defend, and hold harmless City, City's designees, and their respective elected and appointed officials, hoards, commissions, agents, contractors, and employees from and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorney's fees and costs) which may arise, directly or indirectly, from the acts, omissions, or operations of Developer or Developer's agents, contractors, 1078146.01/0[ 373768 00001/8-17-15/sqm/sqm -22- subcontractors, agents, or employees pursuant to this Agreement, but excluding any loss resulting from the intentional or active negligence of City, City's designee, or each of their respective elected and appointed officials, boards, commissions, officers, agents, contractors, and employees. Developer shall select and retain counsel reasonably acceptable to City to defend any action or actions and Developer shall pay the cost thereof. The indemnity provisions set forth in this Agreement shall survive termination of the Agreement. 7. MORTGAGEE PROTECTION. The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, from encumbering the Property or any portion thereof or any improvement thereon by any Mortgage securing financing with respect to the Property; provided that nothing herein shall modify or amend the restrictions set forth in the DDA with respect to Mortgages. Any Mortgagee holding a Mortgage that is not prohibited by the DDA shall be entitled to the following rights and privileges: (a) This Agreement shall be superior and senior to any lien placed upon the Property or any portion thereof after the date of recording of this Agreement, including without limitation the lien of any Mortgage. Notwithstanding the foregoing, neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage on the Property made in good faith and for value, unless otherwise required by law, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a Mortgagee (whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise) shall be subject to the terms and conditions of this Agreement and any such Mortgagee who takes title to the Property or any portion thereof shall be entitled to benefits arising under this Agreement. (b) Each Mortgagee of any Mortgage encumbering the Property, or any part thereof, and which is not securing the interest of an End User shall upon written request in writing to City, be entitled to receive written notice from City of results of the Annual Review and of any default by Developer in the performance of Developer's obligations under this Agreement concurrently with delivery of same to Developer and shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such Party under this Agreement (including any extended cure period necessary in order to allow the Mortgagee to obtain title to the Property and cure the default). Notwithstanding the foregoing, the failure of City to deliver a concurrent copy of such notice of default to a Mortgagee shall not affect in any way the validity of the notice of default as it relates to the Developer, and provided, further, the giving of any notice of default or the failure to deliver a copy to any Permitted Mortgagee shall in no event create any liability on the part of the Person so declaring a default. (c) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the Mortgage or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) the Mortgagee shall have no right to develop the Property without fully complying with the terms of this Agreement, the DDA, the Applicable Rules and Entitlement Approvals and (ii) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder. 1078146.01/OC 373768-00001/8-17-15/sqm/sqm -23- Notwithstanding anything to the contrary contained above in this Section, any Mortgagee shall be subject to all of the terms of the DDA, to the extent applicable pursuant to the DDA to such Mortgagee. MISCELLANEOUS PROVISIONS. 8.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the City Clerk within ten (10) calendar days after City executes this Agreement, as required by Section 65868.5 of the Government Code. If the Parties to this Agreement or their Successors in Interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if City terminates or modifies this Agreement as provided for herein and in Government Code Section 65865.1 for failure of Developer to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the Orange County Recorder. 8.2. Entire Agreement. This Agreement and the DDA set forth and contains the entire understanding and agreement of the Parties with respect to the matters set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 8.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 8.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the internal laws of the State of California without reference to choice of law or conflicts of law provisions. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. The decision of the City Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b). 8.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 8.6. Construction. 8.6.1 References to Sections. Clauses and Exhibits. Unless otherwise indicated, references in this Agreement to sections, clauses and exhibits are to the same contained in or attached to this Agreement and all exhibits referenced in this Agreement are incorporated in this Agreement by this reference as though fully set forth in this Section. 8.6.2 Singular and Plural. As used herein, the singular of any word includes the plural and vice versa. 1078146.01/OC 373768-00001/8 17-15/sqm/sqm -24- 8.6.3 Includes and Including. As used in this Agreement the words "include" and "including" mean, respectively, "include, without limitation" and "including, without limitation". 8.7. Time of Essence. Subject to the following sentence, time is of the essence in the performance of each provision of this Agreement. Whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non -Business Day, then such period or date shall be extended until the immediately following Business Day. 8.8. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 8.9. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 8.10. Attorneys' Fees. If any Party to this Agreement institutes any action, suit, counterclaim or other proceeding for any relief against another Party, declaratory or otherwise (collectively an "Action"), to enforce the terms hereof or to declare rights hereunder or with respect to any inaccuracies or material omissions in connection with any of the covenants, representations, warranties or obligations on the part of the other Party to this Agreement, then the Prevailing Party in such Action shall be entitled to have and recover of and from the other Party all costs and expenses of the Action, including (a) the Prevailing Party's reasonable attorneys' fees which shall be payable at the actual contractual hourly rate for City's litigation counsel at the time the fees were incurred, but in no event less than $200 per hour and (b) costs actually incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling or award (collectively, a "Decision") granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether or not such Action is prosecuted to a Decision. Any Decision entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including reasonable attorneys' fees and expert fees and costs (collectively "Costs") incurred in enforcing, perfecting and executing such judgment. For the purposes of this paragraph, Costs shall include in addition to Costs incurred in prosecution or defense of the underlying action, reasonable attorneys' fees, costs, expenses and expert fees and costs incurred in the following: (a) post judgment motions and collection actions; (b) contempt proceedings; (c) garnishment, levy, debtor and third party examinations; (d) discovery; (e) bankruptcy litigation; and (f) appeals of any order or judgment. "Prevailing Party" within the meaning of this Section 8.10 includes a Party who agrees to dismiss an Action in consideration for the other Party's payment of the amounts allegedly due or performance of the covenants allegedly breached, or obtains substantially the relief sought by such Party. 8.11. Force Majeure. 8.11.1 "Force Majeure Delay" shall mean the occurrence of any of the following events when such event is beyond the control of the Claiming Party and such Party's contractors and consultants and is not due to an act or omission of such Party or any consultant, contractor or other Person for whom such Party may be contractually or legally responsible, which directly, materially and adversely affects the ability of the claiming Party to meet its non -monetary obligations under this Agreement, including the deadlines imposed by the Schedule of Performance, or the ability of 1078146.01/oc 373768-00001/8-17-15/sqm/sqm -25- Developer to Complete the Project, and which events (or the effect of which events) could not have been avoided by due diligence and use of reasonable efforts by the Claiming Party: (a) Civil Unrest. An epidemic, blockade, quarantine, rebellion, war, insurrection, act of terrorism, strike or lock-out, riot, act of sabotage, civil commotion, act of a public enemy, freight embargo, or lack of transportation; (b) Unforeseeable Conditions. Reasonably unforeseeable physical condition of the Property including the presence of Hazardous Materials; (c) Casualty. Fire, earthquake, or other casualty, in each case only if causing material physical destruction or damage on the Property; (d) Liti ag tion. Any lawsuit seeking to restrain, enjoin, challenge or delay any issuance of any Entitlement Approval or seeking to restrain, enjoin, challenge, or delay construction of the Project which is defended by the Claiming Party; (e) Weather. Unusually severe weather conditions not reasonably anticipatable for the City of Tustin, based upon U.S. Weather Bureau climatological reports for the months included plus a report indicating average precipitation, temperature, etc. for the last ten (10) years from the nearest reporting station. 8.11.2 Limitation. The term "Force Majeure Delay" shall be limited to the matters listed in Section 8.11.1 above and specifically excludes from its definition the following matters which might otherwise be considered Force Majeure Delay: (a) Entitlements. The suspension, termination, interruption, denial or failure to obtain or nonrenewal of any Entitlement Approval or Development Permit, license, consent, authorization or other permit or approval which is necessary for the development of the Project, except for any such matter resulting from a lawsuit as described in Section 8.11.1(d); (b) Foreseeable Changes in Governmental Requirements. Any change in Government Requirements which was proposed or was otherwise reasonably foreseeable at the Effective Date; (c) Failure to Perform Obligations. Failure of Developer to perform any obligation to be performed by Developer as the result of adverse changes in the financial condition of Developer; (d) Failure to Provide Financial Security. Failure of Developer to provide financial security required by this Agreement when due or to submit evidence of financing of the Project or to perform any obligation to be performed by Developer hereunder as the result of adverse changes in market conditions; (e) Failure to Submit Required Documentation. Failure to submit documentation as and when required by this Agreement; (t) Failure to Submit Entitlement Applications. Failure to timely submit applications for any Entitlement Approval or Development Permit required for construction of the Improvements or development of the Project on the Property when required pursuant to the Schedule of Performance; and 1078146 01/OC 373768-00001/8 17-15/sqm/sqm -26 (g) Failure to Execute Documents. Failure of the Claiming Party to execute documents; and (h) Other Matters. All other matters not caused by the Second Party and not listed in Section 18.11.1. 8.11.3 If any Party (the "Claiming Party") believes that an extension of time is due to Force Majeure Delay, it shall notify the other Party (the "Second Party") in writing within ninety (90) calendar days from the date upon which the Claiming Party becomes aware of such Force Majeure Delay, generally describing the Force Majeure Delay and its date of commencement. Upon written request from the Second Party, the Claiming Party shall promptly provide the following information with respect to such Force Majeure Delay: a more detailed description of the Force Majeure Delay, when and how the Claiming Party obtained knowledge thereof, the steps the Claiming Party anticipates taking to respond to such Force Majeure Delay, and the estimated delay resulting from such Force Majeure Delay and response and such other information as the Second Party may reasonable request. The extension for Force Majeure Delay shall be granted or denied in the Second Party's reasonable discretion. If the Claiming Party fails to notify the Second Party in writing of its request for a given Force Majeure Delay within the ninety (90) calendar days specified above, there shall be no extension for such Force Majeure Delay. 8.11.4 Time periods for performance of any obligations under this Agreement may be extended for Force Majeure Delay, except that in no event shall the Term of this Agreement be extended by an event of Force Majeure Delay beyond the time period set forth in Section 2.3. 8.12. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all Successors in Interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each Party and each Successor in Interest during ownership of the Property or any portion thereof. 8.13. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 8.14. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California, Santa Ana Division, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 8.15. Project as a Private Undertakine. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer with respect to this Agreement is that of a government entity 1078146.01/oc 373768-00001/8-17-15/sqm/sqm '27 regulating the development of private property and the developer of such property. 8.16. Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 8.17. Estoppel Certificate. Any Party hereunder, may at any time, deliver a written notice to the other arty requesting such Party to certify in writing that, to the best knowledge of the certifying Party: (a) this Agreement is in full force and effect and a binding obligation of the Party; (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the date and nature of the amendments to this Agreement, and, in each case, that the Agreement remains in full force and effect (including as amended or modified if applicable), and a continuing binding obligation of the Party; and (c) the requesting Party is not in default in performance of its obligations set forth in the Agreement, or if the Party is in default, provide a description of the nature of such default(s). A Party receiving a request hereunder shall execute and return such certificate within thirty (30) calendar days following receipt thereof. The party to whom such certificate is addressed, including any third party or Mortgagee, shall be entitled to rely on the certificate. Developer shall pay to City all costs incurred by City in connection with the issuance of estoppel certificates. 8.18. Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of such Party and warrants and represents that he or she/they has/have the authority to bind such Party to the performance of its obligations hereunder. [SIGNATURES CONTAINED ON FOLLOWING PAGE] 1078146.01/oc 373768-00001/8-17-15/sqm/sqm -28- SIGNATURE PAGE TO DEVELOPMENT AGREEMENT IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year set forth below. ATTEST: By: Erica Rabe City Clerk Services Supervisor Dated: APPROVED AS TO FORM Office of the City Attorney David E. Kendig, Esq. 11Clt,ll City of Tustin, California UN "Developer" By: 1 C Tustin Legacy, LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: 1078146.01/OC 373768-00001/8-1715/sqm/sqm $-1 Mayor EXHIBIT "A" TO DEVELOPMENT AGREEMENT Legal Description of Property LOTS 1, X AND Y OF TRACT NO. 17404, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 907 PAGES 6 TO 42, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED JULY 17, 2013 AS INSTRUMENT NO. 2013000428385, OF OFFICIAL RECORDS OF SAID COUNTY. 1078146 01/oc EXH I BIT "A" 373768 00001/8-17-15/sqm/sqm -1- EXHIBIT "B" TO DEVELOPMENT AGREEMENT Map showing Property and its location 1078146.01/oc EXHIBIT "B" 373768-00001/8-17-15/sqm/sqm -1- " anv a901vraa AM OF--•L .rte'-.,� ..-..�_ �-.�. -- ,`,�` i II m a'uli z ` cc a CL 1 i HAY Yf3M37YA ..., it 1078146.01/oc EXHIBIT "B" 373768-00001/8-17-15/sqm/sqm -2- EXHIBIT "C" TO DEVELOPMENT AGREEMENT PUBLIC BENEFIT IMPROVEMENTS As additional Public Benefits, Developer shall design and construct the following in accordance with the requirements of the applicable conditions of approval. 1. The landscaping, including irrigation and laterals, within the existing Edinger Avenue median along the project frontage to be consistent with the existing median landscaping located to the west of Kensington Park Drive. 2. The portal entry element at the corner of Edinger Avenue and Kensington Park Drive and a corner triangular-shaped community intersection treatment at Tustin Ranch Road and Valencia Avenue. 3. Valencia Avenue: signing and striping modifications, design and construct the right turn lane and driveways, median and sidewalks modifications, median landscape and irrigation system modifications and parkway landscaping and irrigation system improvements. 4. Kensington Park Drive: signing and striping modifications, inclusive of striping modifications for right turn lanes at driveways and two-way left -turn lane at driveway just north of Valencia Avenue, design and construct the sidewalk, driveways, and parkway landscape and irrigation system improvements. Edinger Avenue: signing and striping modifications, design and construct the right turn lane, driveway, sidewalk, and median and parkway landscape and irrigation system improvements. 6. Tustin Ranch Road: design and construct the landscape and irrigation system improvements along Tustin Ranch Road slope and parkway to back of curb. 7. Traffic signal modification: design and construct the necessary traffic signal modifications at Valencia Avenue / Kensington Park Drive intersection associated with proposed realignment of traffic lanes. Subject to review/approval by the City, the modification of the traffic signal will require replacement of the existing traffic signal pole on the northwest corner and may include the relocation of the existing traffic signal pole located on the southwest corner. Traffic signal modification: design and construct the necessary traffic signal modifications at Kensington Park Drive / Georgia Street intersection associated with the construction of the project site driveway. Subject to review/approval by the City, the traffic signal modification will require the replacement of the existing traffic signal pole on the southwest corner and may include the relocation of the existing traffic signal poles located on the northeast corner and southwest corner. 9. Valencia Avenue project access driveways: restrict to right -turn in only near Tustin Ranch Road and right -turn in, right -turn out and left -turn out near Kensington Park Drive. 10. Edinger Avenue project access driveway: restrict to right -turn in and right -turn out only. 1078146.01/OC EXHIBIT "C" 373768-00001/8-17-15/sqm/sqm -1- 11. Kensington Park Drive unsignalized project access driveway: allow full access via installation of two-way left -turn lane on Kensington Park Drive. 1078146 01/OC EXH I BIT "C" 373768 00001/8.17-15/sqm/sqm -2- EXHIBIT "D" TO DEVELOPMENT AGREEMENT EXISTING ENTITLEMENT APPROVALS • Development Agreement (DA) 2015-001 • Specific Plan Amendment (SPA) 2015-002 • Concept Plan (CP) 2015-003 • Subdivision (SUB) 2015-03 / Tentative Parcel Map (TPM) 2015-127 • Design Review (DR) 2015-014 • Conditional Use Permits (CUP) 2015-11 o Acute Care / Rehabilitation Center o Building M (15120 Kensington Park Drive) • Conditional Use Permits (CUP) 2015-12 o Drive-Thru o Building D (15180 Kensington Park Drive) • Conditional Use Permits (CUP) 2015-13 o Drive-Thru o Building E (15190 Kensington Park Drive) • Conditional Use Permits (CUP) 2015-14 o Drive-Thru o Building H (15060 Kensington Park Drive) • Conditional Use Permits (CUP) 2015-15 o Drive-Thru o Building I — Alternate Use (15040 Kensington Park Drive) • Conditional Use Permits (CUP) 2015-16 o Master Sign Program • Conditional Use Permits (CUP) 2015-17 o School / Childcare Use o Building A (15140 Kensington Park Drive) • Conditional Use Permits (CUP) 2015-23 o Shared/Reciprocal Parking, Medical Center o Parcels 10, 11, 12 and 13 o Addresses: 15000, 15020, 15100 and 15120 Kensington Park Drive. 107814601/oc EXHIBIT "D" 373768-00001/8-17 15/sqm/sqm -1- EXHIBIT D TO RESOLUTION NO. 4285 Conditions of Approval EXHIBIT D RESOLUTION NO. 4285 SPECIFIC PLAN AMENDMENT (SPA) 2015-02, DEVELOPMENT AGREEMENT (DA) 2015-001, CONCEPT PLAN (CP) 2015-003, SUBDIVISION (SUB) 2015-03/TENTATIVE PARCEL MAP (TPM) 2015-127, AND DESIGN REVIEW (DR) 2015-0149 GENERAL CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial overall construction is underway within one (1) year of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-01. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified herein, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit D Resolution No. 4285 Page 2 (1) 1.4 Approval of SPA 2015-02, DA 2015-001, CP 2015-003, SUB 2015- 03/TPM 2015-127 and DR 2015-014 is contingent upon the applicant 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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 As a condition of approval of SPA 2015-02, DA 2015-001, CP 2015-003, SUB 2015-03/TPM 2015-127 and DR 2015-014, 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 defense of any such action under this condition. (1) 1.10 All activities shall comply with the City's Noise Ordinance. *** 1.11 The applicant shall comply with executed Development Agreement 2015-001 and associated Disposition and Development Agreement. PARCEL MAP (1) 2.1 Within twenty-four (24) months from tentative map approval, the applicant shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the Exhibit D Resolution No. 4285 Page 3 expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the Tustin City Code and State Subdivision Map Act. (1) 2.2 At the time of Final Map submittal, the applicant shall also submit two (2) copies of an up-to-date title report. (1) 2.3 The final parcel map shall be recorded in accordance with approved Tentative Parcel Map and all applicable requirements of the MCAS Tustin Specific Plan, Tustin City Code, Subdivision Map Act, Subdivision Code and applicable policies and guidelines. All applicable conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 2.4 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. *** 2.5 Easements shall be obtained and recorded providing reciprocal access and use of driveways among the tenants of the retail and medical center. *** 2.6 Easements shall be obtained and recorded providing reciprocal access and use of parking lots among the tenants of the retail center. *** 2.7 Easements shall be obtained and recorded providing reciprocal access and use of parking lots among the tenants of the medical center. (1) 2.8 Sub -divider 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. (5) 2.9 The sub -divider shall release and relinquish to the City of Tustin all vehicular access rights to Valencia Avenue, Kensington Park Drive, Edinger Avenue, and Tustin Ranch Road, except at approved access locations and street intersections. (5) 2.10 The sub -divider shall dedicate to the City of Tustin in fee for roadway purposes Parcels A and B, at no cost to the City of Tustin. Exhibit D Resolution No. 4285 Page 4 (5) 2.11 The sub -divider shall reserve to the City of Tustin, Parcel C and D for open space purposes, at no cost to the City of Tustin. *** 2.12 The sub -divider shall provide applicable onsite reciprocal ingress and egress for pedestrian and vehicular access. *** 2.13 Prior to approval of the Final Map or issuance of Grading permit, whichever occurs first, 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 Valencia Avenue, Kensington Park Drive, Edinger Avenue, Tustin Ranch Road, and Tustin Ranch Road slope. SITE AND BUILDING DESIGN *** 3.1 The retail center shall have no more than 20 percent of the gross floor area for restaurants/food uses and no more than 4,000 square feet for health/fitness club uses unless reviewed and approved by the Community Development Department upon applicant submittal of a supplemental parking analysis. The Community Development Department may request updated parking summary and analyses upon request (4) 3.2 Project materials shall comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 3.3 All roof access shall be provided from the inside of the building. (4) 3.4 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 3.5 All exposed metal flashing or trim shall be painted to match the building. Exhibit D Resolution No. 4285 Page 5 (1) 3.6 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas. No rooftop mounted equipment shall be visible from Tustin Ranch Road which may require adjustments to equipment and/or the parapet to meet this condition. This will be verified at plan check and field verified. (4) 3.7 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted outside the required access space. (4) 3.8 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. (1) 3.9 All utilities shall be installed underground. (1) 3.10 No outdoor storage shall be permitted except as approved by the Community Development Director. (1), 3.11 At plan check, trash enclosures shall be designed with roofs/covers that (4) are architecturally compatible with the surrounding buildings. *** 3.12 Freestanding walls and fencing shall be treated with graffiti -resistant coating. (4) 3.13 At plan check, submittal plans shall reflect the following required modifications. The Community Development Director may approve modification or deviation to these conditions if the plans meet the intent and spirit of the condition. All improvements shall be field verified for compliance with conditions of approval. a. Building B — Grocery Store: 1. The building design shall be modified to have the loading bay screen wall as a solid wall. The solid screen wall shall have decorative design elements that match the wall design on the plan north elevation (front of store). 2. The building design shall be modified to duplicate the pitched roof (gable end) element, shown on the front of the store, onto the rear of the store on the wall beyond the loading dock screen wall. The proposed rear signage should be moved to the revised wall, similar to the front elevation. Exhibit D Resolution No. 4285 Page 6 3. The loading bay shall be designed with architecturally compatible gates, subject to review and approval of the Community Development Department. This gate shall be closed when the loading bay is not in use. b. Building D — Drive-thru Pharmacy: 1. The building design shall be modified to repeat the corner tower element that is proposed at the drive-thru, at the plan's southwest corner of the building (closest to Valencia Avenue and Tustin Ranch Road). 2. The building design shall be modified to have the loading bay screen wall as a solid wall. This solid screen wall shall have decorative design elements that match the wall design of the plan's west elevation with the decorative eave design. 3. The loading bay screening length shall be modified to effectively screen the loading area, loading doors, trash compactor and other related elements. 4. The loading bay shall be designed with architecturally compatible gates, subject to review and approval of the Community Development Department. This gate shall be closed when the loading bay is not in use. c. Building I — A new Design Review application and approval shall be required if a drive-thru configuration is proposed for Building I. d. Medical Center (Building K) and Acute Care (Building M) Buildings: 1. Materials are subject to final approval. 2. Proposed colors shall be modified to be more compatible with the retail center's warmer and richer colors. 3. The stucco and fiber cement on the accent walls shall be replaced with stone -type material in colors that complement the overall design. 4. Matching metal awnings shall be applied to the opposite side of the building. Exhibit D Resolution No. 4285 Page 7 e. Building K — Medical Center 1. The wall accent color and architecture on the north building elevation shall be extended to grade to match the building wall entry on the south side. f. Building M — Acute care/rehabilitation: 1. A new Design Review application and approval shall be required for Building M if a new or modified building design is proposed. 2. The screen wall on the plan's south corner of the building shall match the architecture of the acute care building. 3. The design review approval for Building M shall expire five (5) years from approval to account for additional construction, inspection, and certification requirements from the California Office of Statewide Health Planning and Development (OSHPD). (1) 3.14 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. LANDSCAPING (1) 4.1 Landscape plans shall comply with the City's Water Efficient Landscape Ordinance and Ordinance No. 1457, regarding the water conservation requirements stipulated in the Governor's Executive Order B-29-15 and the City's Water Management Plan. (1) 4.2 All plant materials shall be installed in a healthy and vigorous condition typical to the species as per the approved landscape plans. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. Exhibit D Resolution No. 4285 Page 8 (1) 4.3 Landscape screening shall be installed along all parking areas abutting streets. The screening shall be a minimum height of thirty-six (36) inches. *** 4.4 The applicant shall be responsible for planting and landscape maintenance of the slope along Tustin Ranch Road. Prior to issuance of grading permits, the applicant shall enter into an agreement with the City stipulating this responsibility. CC&Rs (1) 5.1 Prior to recordation of the final map, all organizational documents for the project including any Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to the Community Development Department for review and approval by the City Attorney's Office and shall be recorded with the County Recorder's Office. Costs for such review shall be borne by the applicant. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. At a minimum, the following items shall be included: a. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, trash enclosures, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. 3. Common areas and facilities shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to Exhibit D Resolution No. 4285 Page 9 be detrimental to public health, safety, or general welfare. b. Provision assuring the continued availability of the number of parking spaces designated for common use and the availability of reciprocal access easements ensuring access to the public rights- of-way. c. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, shared parking, loading and unloading activities, etc. A parking exhibit shall be made part of the CC&Rs. d. Provisions requiring affected property owners' approval of proposed conversion of tenant space uses and/or addition with respect to changes in shared parking and parking space allocation. An updated parking summary shall be provided with any proposed conversion or addition to the tenant spaces. The retail center shall have no more than 20 percent of the gross floor area for restaurants/food uses and no more than 4,000 square feet for health/fitness club uses unless reviewed and approved by the Community Development Department upon applicant submittal of a supplemental parking analysis. BUILDING PLAN SUBMITTAL (1) 6.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 6.2 All private on-site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: a. Sidewalks and paths of travel, including curb ramps for the physically disabled; all sidewalks and pathways shall comply with the provisions of the American with Disabilities Act; b. Drive aprons; c. Signing/striping plan; Exhibit D Resolution No. 4285 Page 10 d. Street lighting; e. Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; f. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; g. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; h. Underground utility connections: All utility lines shall be placed underground by the developer; L Fire hydrants; j. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. *** 6.3 At plan check submittal, the applicant shall submit updated noise studies for Building K and L that determine the attenuation measures required to comply with the City's Noise Ordinance. GRADING AND DRAINAGE CONDITIONS (1), 7.1 Prior to issuance of a Grading Permit, a final grading plan, prepared by (3) a California Registered Civil Engineer, shall be submitted and approved. The grading plan shall be consistent with the approved site and landscaping plans. (5) 7.2 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. Exhibit D Resolution No. 4285 Page 11 WATER QUALITY (1), 8.1 This development shall comply with all applicable provisions of the City (5) of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (5) 8.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1), 8.3 Prior to issuance of any permits, the applicant shall submit a final Water (5) Quality Management Plan (WQMP) for approval by the Community Development and Public Works Departments. 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. Structural BMPs identified in the WQMP shall be shown on the grading plan. The 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), 8.4 Prior to submittal of a WQMP, the applicant shall submit a deposit of (5) $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1), 8.5 Prior to issuance of a grading permit, the applicant shall record a (5) "Covenant and Agreement Regarding Operation and Maintenance (O&M) Plan to Fund and Maintain Water Qualitv 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 specified in the approved WQMP. Exhibit D Resolution No. 4285 Page 12 (1) 8.6 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. PUBLIC IMPROVEMENTS (5) 9.1 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. (5) 9.2 No cross gutters allowed on public streets. (5) 9.3 Prior to issuance of a Certificate of Occupancy, the applicant shall design and construct public improvements on Valencia Avenue, Kensington Park Drive, Edinger Avenue, and Tustin Ranch Road along the project frontage to the satisfaction of the City Engineer: a. Valencia Avenue: signing and construct right turn sidewalks modifications, system modifications and system improvements. and striping modifications, design lane and driveways, median and median landscape and irrigation parkway landscaping and irrigation b. Kensington Park Drive: signing and striping modifications, inclusive of striping modifications for right turn lanes at driveways and two-way left -turn lane at driveway just north of Valencia Avenue, design and construct the sidewalk, driveways, and parkway landscape and irrigation system improvements. c. Edinger Avenue: signing and striping modifications, design and construct the right turn lane, driveway, sidewalk, and median and parkway landscape and irrigation system improvements. The Edinger Avenue widening cross fall of the street shall be to the curbside and be intercepted by a catch basin. d. Tustin Ranch Road: design and construct the landscape and irrigation system improvements along Tustin Ranch Road slope and parkway to back of curb. e. Traffic signal modification: design and construct the necessary traffic signal modifications at Valencia Avenue / Kensington Park Drive intersection associated with proposed realignment Exhibit D Resolution No. 4285 Page 13 of traffic lanes. Subject to review/approval by the City, the modification of the traffic signal will require replacement of the existing traffic signal pole on the northwest corner and may include the relocation of the existing traffic signal pole located on the southwest corner. f. Traffic signal modification: design and construct the necessary traffic signal modifications at Kensington Park Drive / Georgia Street intersection associated with the construction of the project site driveway. Subject to review/approval by the City, the traffic signal modification will require the replacement of the existing traffic signal pole on the southwest corner and may include the relocation of the existing traffic signal poles located on the northeast corner and southwest corner. g. Valencia Avenue project access driveways: restrict to right -tum in only near Tustin Ranch Road and right -turn in, right -turn out and left -turn out near Kensington Park Drive. h. Edinger Avenue project access driveway: restrict to right -turn in and right -turn out only. i. Kensington Park Drive unsignalized project access driveway: allow full access via installation of two-way left -turn lane on Kensington Park Drive. (5) 9.4 All proposed decorative pavers shall be designed and constructed within private property. (1), 9.5 Parkway landscape and irrigation system shall be designed and (5) installed to back of the curb. (5) 9.6 Landscaped median at primary drive entry at Kensington Park Drive shall be designed and constructed at a minimum of five (5) feet back of the crosswalk. (1), 9.7 Separate 24" x 36" reproducible street improvement plans, as (5) prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way along Edinger Avenue, Kensington Park Drive, Valencia Avenue, and traffic signal improvements, and Tustin Ranch Road, as applicable for approval. Said plans shall include, but not be limited to, the following: a. Curb and gutter Exhibit D Resolution No. 4285 Page 14 b. Sidewalk, including curb ramps for the physically disabled c. Underground utility connections d. Signing/striping e. Street lighting f. Catch basin/storm drain laterals/connection to existing storm drain system g. Domestic water facilities h. Sanitary sewer facilities 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, shall be required. (1) 9.8 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized unless otherwise approved by the City Engineer. (1) 9.9 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. (5) 9.10 The proposed landscaping plant material along Valencia Avenue, Kensington Park Drive, Edinger Avenue, and Tustin Ranch Road 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), 9.11 Preparation of plans for and construction of: (5) a. All domestic water, reclaimed water and sanitary sewer system shall be submitted and approved by Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standards of IRWD. Any required domestic water, reclaimed water and sanitary sewer system shall meet the standards as required by IRWD. Exhibit D Resolution No. 4285 Page 15 The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. b. Fire master plan shall be submitted 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. (1) 9.12 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (5) 9.13 The minimum pipe diameter for all public storm drains shall be 24 - inch. (1) 9.14 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. (5) 9.15 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 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. c. The applicant shall coordinate the design and construction of all utilities with the utility providers and the City. (1), 9.16 All trash enclosures shall utilize the City's standard enclosure (5) designed with roof to accommodate at least two (2) 4 -yd. bins, with at least one (1) bin reserved for recyclable materials. Prior to the approval of the final map or issuance of a Building Permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. The applicant, Exhibit D Resolution No. 4285 Page 16 property owner(s) are required to participate in the City's recycling program. (1), 9.17 Construction and Demolition Waste Recycling and Reduction Plan (5) (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 percent of the project waste material or the amount required by the California Green Building Standards Code. 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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. 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". Exhibit D Resolution No. 4285 Page 17 (1), 9.18 CADD Requirements: (5) 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. 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). 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. ORANGE COUNTY FIRE AUTHORITY (5) 10.1 Prior to issuance of a grading permit, or a building permit if a grading permit is not required, the applicant shall submit and obtain approval for the following: a. Fire master plan (service code PR145) — In looking at the preliminary plan the circulation and access to all structures appears to be satisfactory. This size of project will require either phasing plans or overall fire master plan with 'revisions' for individual buildings. The fire master plan will be much more detailed demonstrating access to each structure, fire lane signage and or red curbs, and fire hydrant locations. b. Pre -submittal Meeting: Prior to issuance of grading permit or submittal of any fire master plans to the OCFA, it is recommended that the applicant or responsible party schedule a pre -submittal meeting with an OCFA plan reviewer. This meeting will make the process for submitting to OCFA less confusing. Call OCFA Planning & Development Services at 714-573-6108 at least two weeks in advance to arrange for scheduling and payment for the pre -submittal meeting. Exhibit D Resolution No. 4285 Page 18 (5) 10.2 Prior to issuance of a building permit, the applicant shall submit and obtain approval for the following: a. Architectural (Service Codes PR200-PR285), for structures when required by the OCFA "Plan Submittal Criteria Form." b. Refrigeration and vapor detection/alarm system (Service Codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G-02 or the California Fire or Mechanical Codes. c. High -piled storage. (Service Code PR330) (when required) d. Underground piping for private hydrants and fire sprinkler systems. (Service Code PR470-PR475) e. Fire sprinkler system. (Service Codes PR400-PR465) (5) 10.3 Prior to concealing interior construction, the applicant shall submit and obtain approval for the following: a. Sprinkler monitoring system. (Service Code PR500) b. Fire alarm system. (Service Code PR500-PR520) c. Hood and duct extinguishing system. (Service Code PR335) (when applicable) (5) 10.4 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on "Planning & Development Services." (5) 10.5 Lumber -drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service Request number of the approved fire master plan at least two days in advance to schedule the lumber drop inspection. Exhibit D Resolution No. 4285 Page 19 ENVIRONMENTAL (5) 11.1 All mitigation measures related to the project that are required by the Mitigation Monitoring Program for the MCAS Tustin, identified in this exhibit and in other related project entitlements, shall be implemented. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: a. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. b. The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. c. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. FEES (1) 12.1 Prior to issuance of each building permit, 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. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule Exhibit D Resolution No. 4285 Page 20 at the time of permit issuance. d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. e. Water and sewer connection fees to the Irvine Ranch Water District. f. Transportation System Improvement Program (TSIP), Benefit Area "B" fees based upon the most current rate of new or added gross square floor area of construction or improvements to the Community Development Department. g. New construction fee in the amount of $0.10 per square foot. h. School facilities fee in the amount as required by Tustin Unified School District. i. Other applicable Tustin Legacy Backbone Infrastructure Program fees. (1) 12.2 Within forty-eight (48) hours of final approval of the 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. ATTACHMENT G Resolution No. 4286 CUP 2015-11 Acute care/Rehabilitation, 15120 Kensington Park Dr. RESOLUTION NO. 4286 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-11 ALLOWING THE ESTABLISHMENT OF A NEW ACUTE CARE/REHABILITATION AND SKILLED NURSING FACILITY WITH 80 BEDS AND ASSOCIATED SERVICES, LOCATED AT 15120 KENSINGTON PARK DRIVE (BUILDING M). The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site located at 15000-15190 Kensington Park Drive within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish an acute care/rehabilitation and skilled nursing facility within a proposed 75,000 square -foot, 3 -story building on Parcel 10 of Tentative Parcel Map 2015-127, with a future address of 15120 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. That the proposed acute care/rehabilitation and skilled nursing facility is an unlisted use within Planning Area 7 of MCAS Tustin Specific Plan and is contingent upon the City Council adopting Ordinance No. 1460 approving Specific Plan Amendment 2015-02 that adds acute/care and skilled nursing uses as conditionally permitted uses within the MCAS Tustin Specific Plan Planning Area 7. E. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. Resolution No. 4286 Page 2 3. Promote economic expansion and diversification. 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development 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 of the City of Tustin in that: 1. The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7, contingent on City Council approval of Specific Plan Amendment 2015-02. 2. The proposed use operations will primarily take place inside the proposed acute care/rehabilitation and skilled nursing facility. 3. As proposed, the proposed use will include multiple levels of care that range from acute rehabilitation, skilled nursing, convalescent care, assisted living and memory care services. That the facility will provide ancillary services, such as administration and food service, within the facility. 4. The acute care/rehabilitation and skilled nursing facility would be regulated by the California Department of Health Services and require a license to operate and provide healthcare services based on regulatory & operational requirements. 5. The medical plaza provides adequate number of parking spaces to accommodate the proposed use and other uses within the medical plaza. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the Resolution No. 4286 Page 3 FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist has been prepared and concluded that the proposed project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-11 approving the establishment of an acute care/rehabilitation and skilled nursing facility, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4286 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4286 CONDITIONAL USE PERMIT 2015-11 ACUTE CARE/REHABILITATION AND SKILLED NURSING FACILITY BUILDING M, PARCEL 10 15120 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within five (5) years of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of CUP 2015-11 is contingent upon the applicant 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) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No 4286 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-11, the applicant shall agree, al 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 defense of any such action under this condition. (1) 1.8 CUP 2015-11 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 CUP 2015-11, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts; if additional conditions are not effective or complied with, the Community Development Director may initiate proceedings to revoke the Conditional Use Permit. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. *** 1.10 Approval of CUP 2015-11 is contingent upon the City Council adoption of Ordinance No. 1460 for Specific Plan Amendment 2015-02. Exhibit A Resolution No. 4286 Page 3 USE RESTRICTIONS *** 2.1 The approval is for an acute care/rehabilitation and skilled nursing facility and associated services. A maximum of 80 beds are authorized in facility and issuance of proper permits and certification from the State of California is required prior to occupancy of the new structure. However, building design and site layout shall be subject to City's approval prior to submittal to the State. *** 2.2 Any change to the nature of the facility shall require review and approval by the Community Development Director which could potentially require an amendment to this Conditional Use Permit. *** 2.3 Emergency room services are not approved at the subject facility. (1) 2.4 All activities shall comply with the City's Noise Ordinance. (1) 2.5 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 2.6 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional parking. c. Reduce the number of patients and/or employees FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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 Exhibit A Resolution No. 4286 Page 4 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. ATTACHMENT H Resolution No. 4287 CUP 2015-12 Pharmacy Drive-Thru, 15180 Kensington Park Dr. RESOLUTION NO. 4287 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-12 ALLOWING THE ESTABLISHMENT OF A DRIVE-THRU PHARMACY USE IN CONJUNCTION WITH 14,576 SQUARE -FOOT DRUG STORE, LOCATED AT 15180 KENSINGTON PARK DRIVE (BUILDING D) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a pharmacy drive-thru use in conjunction with a 14,576 square -foot drug store located on Parcel 1 of Parcel Map 2015-127, with a future address of 15180 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Speck Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. Pursuant to MCAS Tustin Specific Plan Section 3.4.4C, the Director of Community Development has determined that the proposed pharmacy drive-thru use is a conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7, similar to other drive-thru uses being conditionally permitted uses. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. F. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. Resolution No. 4287 Page 2 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development 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 of the City of Tustin in that: The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7, similar to other drive-thru uses being conditionally permitted uses. 2. No impact to neighboring residential uses is anticipated as the associated proposed commercial center is a self-contained shopping center which does not provide storefronts or parking adjacent to residential uses. The proposed pharmacy drive-thru service is located adjacent to Tustin Ranch Road, a major thoroughfare, and away from existing nearby residential uses 3. As proposed, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. As conditioned, the pharmacy drive-thru window will be limited to purchases of prescriptions and over the counter medicine. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin Resolution No. 4287 Page 3 An Environmental Checklist has been prepared and concluded that the project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-12 approving the establishment of a pharmacy drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4287 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A RESOLUTION NO. 4287 CONDITIONAL USE PERMIT 2015-12 PHARMACY DRIVE-THRU BUILDING D, PARCEL 1 OF TPM 2017-127 15180 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) year of the date of this Exhibit unless authorized by the Development Agreement 2015-01 for a longer time frame. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of CUP 2015-12 is contingent upon the applicant 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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4287 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-12, 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 defense of any such action under this condition. CUP 2015-12 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 CUP 2015-12, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. USE RESTRICTIONS *** 2.1 The use of the building shall be limited to a pharmacy with drive-thru. The main business activities shall consist of the sale of pharmaceutical products, general sundries and notions and photo developing services. Any other accessory uses or services shall be reviewed and approved by the Community Development Director. Exhibit A Resolution No. 4287 Page 3 *** 2.2 The pharmacy's drive-thru window operations shall be limited as follows: a. Drop-off and pickup of prescription medicine and/or product is allowed. b. Purchase of over-the-counter medication is allowed. c. Purchase of general merchandise is not allowed. d. Purchase of alcoholic beverages is not allowed. *** 2.3 Intercom speaker boxes for the drive-thru lanes shall meet the requirements of the Noise Ordinance. (1) 2.4 All business activities, sales, displays, or other activities shall be conducted entirely within the subject building. (1) 2.5 Outside storage or display of merchandise is prohibited, except as authorized by the Community Development Director. (1) 2.6 Any free-standing vending machines such as, but not limited to, beverage or soda, candy machines, magazine racks, water dispensers, and any other retail product shall be located within the building interior. (1) 2.7 The applicant shall ensure that the trash compactor is secured or monitored during all business hours. (1) 2.8 The applicant shall obtain all necessary approvals prior to selling alcoholic beverages on the property. The sale of alcoholic beverages shall be conducted in compliance with City and State of California regulations. *** 2.9 The pharmacy shall be permitted to operate twenty-four (24) hours a day. As such, larger CVS delivery trucks (70 feet or longer), shall be restricted to making deliveries between 7:00 p.m. and 7:00 a.m. to avoid potential conflicts during peak hours. Any modification to these hours shall be approved in writing by the Community Development Director. *** 2.10 The gates to the loading dock shall remain closed when the loading dock is not in use. (1) 2.11 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate Exhibit A Resolution No. 4287 Page 4 parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional queuing space. c. Adjust ordering procedures. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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. ATTACHMENT Resolution No. 4288 CUP 2015-13 Restaurant Drive-Thru use, 15190 Kensington Park Dr. RESOLUTION NO. 4288 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-13 ALLOWING THE ESTABLISHMENT OF A RESTAURANT WITH DRIVE-THRU USE LOCATED AT 15190 KENSINGTON PARK DRIVE (BUILDING E) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a restaurant drive-thru use in a proposed 3,300 square -foot commercial building located on Parcel 3 of TPM 2015-127, with a future address of 15190 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. That pursuant to MCAS Tustin Specific Plan Section 3.4.4A, the proposed restaurant with drive-thru use is a conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. F. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Resolution No. 4288 Page 2 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development 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 of the City of Tustin in that: The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7. 2. No impact to neighboring residential uses is anticipated as the associated proposed commercial center is a self-contained shopping center which does not provide storefronts or parking adjacent to residential uses. The proposed commercial drive-thru service is located adjacent to Valencia Avenue and away from existing nearby residential uses. 3. As proposed, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. As conditioned, the drive-thru lane provides queuing capacity for approximately eight (8) vehicles whereas the minimum requirement of the Tustin City Code is seven (7) vehicles. 5. That adequate number of parking spaces will be provided to accommodate various uses within the center including the proposed restaurant. 6. That as conditioned, the hour of operation of the restaurant will be consistent with other uses within the center H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR Resolution No. 4288 Page 3 along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist has been prepared and concluded that the project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-13 approving the establishment of a restaurant with drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4288 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4288 CONDITIONAL USE PERMIT 2015-13 COMMERCIAL DRIVE-THRU BUILDING E, PARCEL 3 OF TPM 2015-127 15190 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of CUP 2015-13 is contingent upon the applicant 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) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4288 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-13, 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 defense of any such action under this condition. (1) 1.8 CUP 2015-13 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 CUP 2015-13, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. USE RESTRICTIONS *** 2.1 The approved use shall be limited to a restaurant drive-thru. Any modification to the use shall require review and approval by the Community Development Director. Exhibit A Resolution No 4288 Page 3 *** 2.2 During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive-through lane. Employees with or without wireless headsets may not take orders from any vehicle not in the drive-thru lane *** 2.3 Menu board, order board, and directional signage shall be installed in accordance with the plans. Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to the informational signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. (1) 2.4 Intercom speaker boxes for the drive-thru lanes shall meet the requirements of the Noise Ordinance. The speaker board shall be oriented away from residential uses to the greatest extent possible and should be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. (1) 2.5 The applicant shall obtain appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. The sale of alcoholic beverages within the restaurant shall be limited to the hours when food is available. Purchase of alcoholic beverages via the drive-thru window is not allowed. (1) 2.6 The restaurant hours of operation shall be conducted in a manner that does not create a public or private nuisance and shall be consistent with other uses within the center. Any nuisance shall be abated immediately upon notice by the City of Tustin. (1 ) 2.7 Adequate landscaping shall be installed to adequately screen the drive- thru lane to minimize the visual impact of vehicles in the drive-thru queue. (1) 2.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and Exhibit A Resolution No. 4288 Page 4 approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional queuing space. c. Adjust ordering procedures d. Provide additional parking. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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. ATTACHMENT J Resolution No. 4289 CUP 2015-14 Bank Drive-Thru, 15060 Kensington Park Dr. RESOLUTION NO. 4289 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-14 ALLOWING THE ESTABLISHMENT OF A BANK WITH DRIVE-THRU USE LOCATED AT 15060 KENSINGTON PARK DRIVE (BUILDING H) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1 C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a bank with drive-thru use within a proposed 3,324 square -foot commercial building located on Parcel 6 of TPM 2015-127, with a future address of 15060 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. Pursuant to MCAS Tustin Specific Plan Section 3.4.4C, the Director of Community Development has determined that the proposed bank with drive-thru use is a conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7, similar to other drive-thru uses being conditionally permitted uses. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. F. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. Resolution No. 4289 Page 2 3. Promote economic expansion and diversification. 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development 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 of the City of Tustin in that: 1. The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7, similar to other drive-thru uses being conditionally permitted uses. 2. No impact to residential uses located across Kensington Park drive is anticipated as the proposed drive-thru is a bank use. Bank with ATM drive-thru typically does not create noise impact since no voice exchange is occurring at the drive-thru window. 3. As proposed, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. As conditioned, the drive-thru lane provides queuing capacity for approximately ten (10) vehicles whereas the minimum requirement of the Tustin City Code is seven (7) vehicles. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin Resolution No. 4289 Page 3 An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-14 approving the establishment of a bank with drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4289 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4289 CONDITIONAL USE PERMIT 2015-14 COMMERCIAL DRIVE-THRU BUILDING H, PARCEL 6 OF TPM 2015-127 15060 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of CUP 2015-14 is contingent upon the applicant 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) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4289 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-14, 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 defense of any such action under this condition. (1) 1.8 CUP 2015-14 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 CUP 2015-14, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. USE RESTRICTIONS *** 2.1 The approved use shall be limited to a bank with drive-thru. Any change to the approved use shall require review and approval from the Community Development Director. (1) 2.2 Automatic Teller Machines (ATM) areas shall be well -lit to provide adequate visibility of the space from areas surrounding the building. (1) 2.3 Adequate landscaping shall be installed to adequately screen the drive- Exhibit A Resolution No. 4289 Page 3 thru lane to minimize the visual impact of vehicles in the drive-thru queue. (1) 2.4 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional queuing space. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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. ATTACHMENT K Resolution No. 4290 CUP 2015-15 Restaurant Drive-Thru, 15040 Kensington Park Dr. RESOLUTION NO. 4290 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-15 ALLOWING THE ESTABLISHMENT OF A RESTAURANT WITH DRIVE-THRU USE LOCATED AT 15040 KENSINGTON PARK DRIVE (ALTERNATIVE OPTION - BUILDING 1) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a restaurant with drive-thru use in a proposed 4,500 square -foot commercial building located on Parcel 7 of TPM 2015-127, with a future address of 15040 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. Pursuant to MCAS Tustin Specific Plan Section 3.4.4A, the proposed restaurant with drive-thru use is a conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. F. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Resolution No. 4290 Page 2 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development 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 of the City of Tustin in that: 1. The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7. 2. As conditioned, intercom speaker boxes for the drive-thru lanes has been required to be oriented away from residential uses to the greatest extent possible and be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. 3. As proposed, wayfinding signage will be strategically placed within the parking lot area to provide ease of navigation to the drive-thru. 4. As conditioned, the drive-thru lane provides queuing capacity for approximately ten (10) vehicles whereas the minimum requirement of the Tustin City Code is seven (7) vehicles. 5. Adequate number of parking spaces will be provided to accommodate various uses within the center. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin Resolution No. 4290 Page 3 An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-15 approving the establishment of a commercial drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4290 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4290 CONDITIONAL USE PERMIT 2015-15 COMMERCIAL DRIVE-THRU ALTERNATIVE OPTION - BUILDING 1, PARCEL 7 OF TPM 2015-127 15190 KENSINGTON PARK DRIVE GENERAL CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-01. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4290 Page 2 (1) 1.4 Approval of CUP 2015-15 is contingent upon the applicant 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. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-15, 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 defense of any such action under this condition. (1) 1.8 CUP 2015-15 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 CUP 2015-15, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. Exhibit A Resolution No 4290 Page 3 USE RESTRICTIONS *** 2.1 The approved use shall be limited to a restaurant with drive-thru. Any change to the use shall be reviewed and approved by the Community Development Director. *** 2.2 During peak hours of operation, the applicant may position an employee at the menu board with a wireless microphone and headset to take orders from vehicles in the drive-through lane. Employees with or without wireless headsets may not take orders from any vehicle not in the drive-thru lane *** 2.3 Menu board, order board, and directional signage shall be installed in accordance with the plans. Informational signage shall be designed and placed to facilitate ease of ordering and navigation of the parking lot area. Changes to the informational signage due to necessity, brand recognition, or technological advancements shall be approved by the Community Development Director. (1) 2.4 Intercom speaker boxes for the drive-thru lanes shall meet the requirements of the Noise Ordinance. The speaker board shall be oriented away from residential uses to the greatest extent possible and should be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. (1) 2.5 The applicant shall obtain appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. The sale of alcoholic beverages within the restaurant shall be limited to the hours when food is available. Purchase of alcoholic beverages via the drive-thru window is not allowed. (1) 2.6 The restaurant hours of operation shall be conducted in a manner that does not create a public or private nuisance and shall be consistent with other uses within the center. Any nuisance shall be abated immediately upon notice by the City of Tustin. (1) 2.7 Adequate landscaping shall be installed to adequately screen the drive- thru lane to minimize the visual impact of vehicles in the drive-thru queue. (1) 2.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, Exhibit A Resolution No. 4290 Page 4 or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional queuing space. c. Adjust ordering procedures d. Provide additional parking. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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. ATTACHMENT L Resolution No. 4291 CUP 2015-16 Master Sign Plan RESOLUTION NO. 4291 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-16 ALLOWING THE ESTABLISHMENT OF A MASTER SIGN PLAN FOR THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the establishment of a master sign plan for The Village at Tustin Legacy, a commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That pursuant to Section 3.12.1C. of the MCAS Tustin Specific Plan and Tustin City Code Section 9403h, an applicant may provide for a comprehensive sign plan that differs from the Tustin Sign Code standards upon submittal and approval of a conditional use permit. C. That the proposed master sign plan is consistent with the Tustin General Plan in that the property is designated as MCAS Tustin Specific Plan and allows for commercial uses and their supporting signs. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City's General Plan and has been determined to be consistent with the Air Quality Sub -element. D. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. E. That the establishment of the proposed master sign plan will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The Village at Tustin Legacy is a commercial project that requires flexible sign design. Adequate sign standards are contained within the master sign plan to reflect a common theme, incorporate design elements in terms of sizing, scale, massing, materials, letter styles, colors, sign type and sign shape to ensure that signage has been coordinated throughout the project site. Resolution No. 4291 Page 2 2. The signs proposed within the master sign plan are typical of a commercial development with multi -tenant. 3. As proposed, the signs would be compatible with the visual characteristics and architectural theme of the development in utilizing similar materials and design as seen within the development. 4. The scale and massing of the proposed signs are harmonious with the architecture of the buildings/structures on the site and are consistent with the size and scale of the site and the overall development within the community. Signs would be appropriately visible and legible in terms of spacing and proportion of letters and details, and would not dominate the visual quality of the site. F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-16 approving the establishment of a master sign plan subject to the conditions attached hereto as Exhibit A and the master sign plan document attached hereto as Exhibit B. Resolution No. 4291 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4291 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A to Resolution No. 4291 Conditional Use Permit 2015-16 Conditions of Approval GENERAL EXHIBIT A RESOLUTION NO. 4291 CONDITIONAL USE PERMIT 2015-16 MASTER SIGN PLAN THE VILLAGE AT TUSTIN LEGACY CONDITIONS OF APPROVAL Signage shall conform with the submitted master sign plan for The Village at Tustin Legacy date stamped [MONTH DATEI, 2015, on file with the Community Development Department. The Director of Community Development may approve modifications to the master sign plan that are consistent with the intent of the Tustin City Sign Code. Such modifications shall be accompanied with findings to support said decision. (1) 1.2 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-01. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of CUP 2015-16 is contingent upon the applicant 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. Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4291 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-16, 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 defense of any such action under this condition. MASTER SIGN PLAN (1) 2.1 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1) 2.2 All signs shall conform to The Village at Tustin Legacy master sign plan and revert to the City of Tustin Sign Code for any issues that remain silent in said master sign plan. Minor changes could be made if signs meet the spirit and intent of the Master Sign Plan and approved by the Community Development Department. (1) 2.3 All signs shall be structurally safe and maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (1) 2.4 All signs shall be constructed of a non -corrosive, rust -resistant finish so as not to degrade in adverse weather conditions. Exhibit A Resolution No. 4291 Page 3 (1) 2.5 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. (1) 2.6 Center Identification monument signs to The Village at Tustin Legacy shall include the Tustin Legacy community name where text is applied. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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. 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C) a Ci m N m O N VALENCIA AVENUE Ui v 0 I G1 9 2, EDINGER AVENUE b z n 0 m m D r m m z A z I z 0 0 0 ` y m uy4 te a{ Z v 6 m 0 > > 0 tQ_ 3 N o= . m F mm o„ -•fl — D m ry m 0 m m' 0 m 'o fl C N a F CO m a y aam Q a a a me 0 0 X Q-sfl a a o a m m O ~ S m N N Q F. n O• Q N Q_ n 6 Q -0 ti. H D N D m O OZ Q Q fl p p D Q n_ 3 s 3 3 3 3 3 3< o 0 0 c> c M m 3° 3 3 3 n ti ra tQ x y < o n Q° —mi Dc�T`\Z DS S' m S pDp F ry Q S n O D ry 2 S �• N n — —1 0 (aa m a a O m Q s? A m 0 O IM Z a 3 Q T n N o r�r Q Z !?+ y O o O a_ �. ' 0 8 z T N K T m N (4 X Q N O ry t? �, D a O Q �' T C Q N p 2 Q N N Q K C �Q 3 c m 3 N v a m Q Mo Z .Q N W N < O Q, N •O O 3 M A z � y A N m 0 z0on Z m> O >Z >O f 1 i ! 1 1 f i t i 1 1� P Id; / e , dYA } Q F. n O• Q N Q_ n 6 Q -0 ti. H D N D m O OZ Q Q fl p p D Q n_ 3 s 3 3 3 3 3 3< o 0 0 c> c M m 3° 3 3 3 n ti ra tQ x y < o n Q° —mi Dc�T`\Z DS S' m S pDp F ry Q S n O D ry 2 S �• N n — —1 0 (aa m a a O m Q s? A m 0 O IM Z a 3 Q T n N o r�r Q Z !?+ y O o O a_ �. 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(A a 5 55 QD 3: = X > Z m (D m lb 0 !2 . 0 o 3 .0 0 4, 0 0 Z Z m > -or z 0 Z ut (MA z y?'o 3: 30 c A m Z 0 0 3 c > 6 c Q Z EDINGEER AVENUE 11 5%8" • & 2'-0'- 0 m § ) / r � � \ � z �«.9 —O 2«� g x {��■ƒ/�k IT ±ea 4K®ƒ■aa� oa !f \/}((kIz m> ff�K m " )/ �} 26- k m 2 6 � \ � z �«.9 —O 2«� g 2 T 0 0 Z Z m ON VALEW-IA AVENUE LA N = a -V 0 -n En rD =� 0 o z ED o C C a a -m 0 z X C) Z 0 0) z O> - n ­ > r- z a ED Z En . :t 0 �j 0 a 0 m c ED Q CL = -, ED A Ir m n . 0 9. m ED = 12 z m M D 0 0 > :3 c Z (01"GEER AVENUE 3 6'-2" I (y �•^�•� v �'•� 4Ultlty� � F!WUUMWAWA wrraNlM�i M pop r All I�dt VVV I! a m 2 Q rilm Q ATTACHMENT M Resolution No. 4292 CUP 2015-17 Preschool/Childcare use, 15140 Kensington Park Dr. RESOLUTION NO. 4292 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-17 ALLOWING THE ESTABLISHMENT OF A PRESCHOOUCHILDCARE USE WITHIN A 8,000 SQUARE - FOOT COMMERCIAL BUILDING, LOCATED AT 15140 KENSINGTON PARK DRIVE (BUILDING A) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish a preschool and daycare use within an 8,000 square -foot commercial building located on Parcel 9, with a future address of 15140 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub - element. D. Pursuant to MCAS Tustin Specific Plan Section 3.4.4A.4, a child care center is conditionally permitted use within the MCAS Tustin Specific Plan Planning Area 7. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. F. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Resolution No. 4292 Page 2 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development 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 of the City of Tustin in that: 1. The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7, pursuant to MCAS Tustin Specific Plan Section 3.4.4A.4. 2. The proposed use is appropriate under the General Plan Land Use Element Community Commercial designation in that a day care center is a service-oriented business that would provide a benefit to working parents in the community and a safe and caring environment for children. 3. That the proposed hours of operation are consistent with other similar uses and surrounding businesses. 4. The implementation/application of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses, the MCAS Tustin Specific Plan and the Tustin City Code. H. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin Resolution No. 4292 Page 3 An Environmental Checklist has been prepared and concluded that the project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-17 approving the establishment of a commercial drive-thru use subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4292 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL EXHIBIT A RESOLUTION NO. 4292 CONDITIONAL USE PERMIT 2015-17 PRESCHOOL / CHILDCARE BUILDING A, PARCEL 9 15140 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-01. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of CUP 2015-17 is contingent upon the applicant 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) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4292 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-17, 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 defense of any such action under this condition. (1) 1.8 CUP 2015-17 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 CUP 2015-17, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 4285. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. USE RESTRICTIONS *** 2.1 The preschool and childcare facility shall have a maximum enrollment of 146 children, including infants, and maximum of seventeen (17) staff members. Exhibit A Resolution No. 4292 Page 3 *** 2.2 The applicant shall develop and maintain a student drop-off / pick-up policy, which shall be provided to parents prior to starting services. Prior to project final, the applicant shall submit the drop-off / pick-up policy to the Community Development Department for review and approval. *** 2.3 The property owner and/or preschool operator shall comply with the interior and exterior noise standards, as set forth in Tustin City Code Section 4614. (1) 2.4 No amplified sound devices are permitted outside of the building. (1) 2.5 The applicant shall obtain a license from the State of California Community Care Licensing Division and provide a copy to the City prior to commencement of daycare use. (1) 2.6 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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. ATTACHMENT N Resolution No. 4293 CUP 2015-23 Joint Use Parking, 15000, 15020, 15100 and 15120 Kensington Park Dr. RESOLUTION NO. 4293 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2015-23 ALLOWING THE ESTABLISHMENT OF JOINT USE PARKING IN ASSOCIATION WITH THE MEDICAL PLAZA (PARCELS 10, 11, 12 AND 13 OF TENTATIVE PARCEL MAP 2015-127) AT THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7 -acre site currently owned by the City of Tustin within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish joint use parking for the Medical Plaza on Parcels 10, 11, 12 and 13 of TPM 2015- 127, with future addresses of 15120, 15100, 15000 and 15020 Kensington Park Drive, respectively. C. Pursuant to Tustin City Code (TCC) Section 9264, parking facilities may be used jointly for non-residential uses with different peak hours of operation with the approval of a Conditional Use Permit. D. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air 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 the proposed medical plaza is comprised of four (4) buildings of approximately 150,000 square feet of floor area and a common parking area with 619 stalls. F. That a public hearing was duly called, noticed, and held. on said application on August 25, 2015, by the Planning Commission. G. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: Resolution No. 4293 Page 2 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master -planned development. H. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare; the location, size, architectural features and general appearance of the proposed development 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 of the City of Tustin in that: 1. That a Parking Analysis and Management Plan dated August 12, 2015, was prepared by a licensed traffic engineer (Richard Barretto, P.E. of Linscott Law & Greenspan Engineers) in accordance with Tustin City Code Section 9264 and MCAS Tustin Specific Plan. 2. That the Parking Analysis has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. That per the Tustin City Code, the medical plaza would require 610 off-street parking spaces; 619 parking spaces are currently proposed; the Parking Analysis determined a peak usage of 598 parking spaces; therefore, the Parking Analysis and Management Plan demonstrates that no substantial conflict will exist in the peak hours of parking demand for the medical plaza for the proposed uses. 4. That the number of spaces needed for the medical uses does not exceed the number of spaces anticipated to be available during different hours of operation. 5. That the parking spaces designated for joint use are located such that they will adequately serve the uses for which they are intended. 6. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on-site. 7. That a written agreement is required to be recorded on each of the affected parcels to ensure the continued availability of the number of Resolution No. 4293 Page 3 parking spaces designated for joint use and availability of reciprocal access easements. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2015-23 approving the establishment of a joint use parking for the medical plaza subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of August, 2015. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4293 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 25th day of August, 2015. ELIZABETH A. BINSACK Planning Commission Secretary hereby certify that I am the Planning California; that Resolution No. 4293 was of the Tustin Planning Commission, held GENERAL EXHIBIT A RESOLUTION NO. 4293 CONDITIONAL USE PERMIT 2015-23 JOINT USE PARKING PARCELS 10, 11, 12 AND 13 15120, 15100, 15000 AND 15020 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped , 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within one (1) years of the date of this Exhibit unless a longer period is authorized by Development Agreement 2015-01. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of CUP 2015-23 is contingent upon the applicant 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. Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4293 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2015-23, 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 defense of any such action under this condition. CUP 2015-23 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 CUP 2015-23, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS **` 2.1 A total of 619 parking spaces within the medical plaza shall be maintained at all times. Any reduction of on-site parking, change of tenant spaces/uses, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. *** 2.2 A recorded reciprocal access and parking agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and all executed by all property owners prior to final inspection of the Medical Center (Building K). The agreement shall be recorded on all parcels subject to the agreement. *** 2.3 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. Exhibit A Resolution No. 4293 Page 3 FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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.