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HomeMy WebLinkAbout10-ATTACHMENT E (PLANNING COMM. MINUTES OF 8-25-15; RESO NOS. 4285 THROUGH 4293) ATTACHMENT E Planning Commission Minutes of August 25, 2015 and Resolution Nos. 4285 through 4293 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION AUGUST 25, 2015 7:09 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Smith ROLL CALL: Chair Thompson Chair Pro Tern Lumbard Commissioners Altowaiji, Kozak, Smith None. PUBLIC CONCERNS CONSENT CALENDAR: 1. APPROVAL OF MINUTES — JOINT PUBLIC WORKSHOP OF THE CITY COUNCIL AND PLANNING COMMISSION HELD ON JULY 6, 2015 RECOMMENDATION: That the Planning Commission approve the Minutes of the July 6, 2015 Joint Public Workshop as provided. Motion: It was moved by Lumbard, seconded by Smith, to approve the July 6, 2015 Minutes. Motion carried 4-0-1. Thompson abstained from the vote. 2. APPROVAL OF SPECIAL MEETING MINUTES — JULY 28, 2015 PLANNING COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the Minutes of the July 28, 2015 Special Meeting as provided. Motion: It was moved by Lumbard, seconded by Kozak, to approve the July 28, 2015 Minutes. Motion carried 4-0-1. Altowaiji abstained from the vote. PUBLIC HEARINGS: Adopted Reso. 3. THE VILLAGE AT TUSTIN LEGACY: GENERAL PLAN Nos. 4285 CONFORMITY, SPECIFIC PLAN AMENDMENT 2015-02, through 4293, as DEVELOPMENT AGREEMENT 2015-001, SUBDIVISION 2015- amended. 03/TENTATIVE PARCEL MAP 2015-127, CONCEPT PLAN 2015- 003, DESIGN REVIEW 2015-014, CONDITIONAL USE PERMIT L 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 Minutes—Planning Commission August 25,2015—Page 1 of 10 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: 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 within Planning Area 7 of neighborhood B, MCAS-Tustin Specific Plan. APNs: 430-391-18, 430-391-39 and 430-391-41 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 l Loop Road. On April 3, 2006, the City Council adopted Resolution ._ l 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. 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: • Minutes—Plannina Commission Auaust 25. 2015—Paae 2 of 10 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). Minutes—Planning Commission August 25,2015—Page 3 of 10 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 r_ (Parcel 6, 15060 Kensington Park Drive). 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 (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). Thompson Thompson disclosed to the Commission that his son works for Kimley-Horn and Associates (engineering firm), but his son is not affiliated with the project. Also, Thompson stated he does not have any income derived from this consultant. Lumbard Lumbard also disclosed to the Commission that he owns property in Columbus Square, and that he has family members who own property in Mirabella; however, both properties are beyond the 500 foot guideline limit. He also checked whether or not the homeowner's association property that Lumbard has financial interest with would qualify. Per the City Attorney's guidance, Lumbard does not have a conflict of interest with this project. Hutter Presentation given. Binsack Binsack recognized the following City staff and members and commended them for their great efforts on the project: John Buchanan (City Manager's Office), Ken Nishikawa (Public Works), Justina Willkom and Edmelynne Rutter (Community Development), as well as John Mehigan and Luis Gomez (Regency Center), Sandy Smith and George Okita (Hoag Hospital). Willkom Willkom let the Commission know that revised resolutions were provided to r- the dais and to the applicant as well. The Commission's questions/concerns generally included: Traffic concern on Kensington Park Drive and the location of the entrances; the City's goals to create a walking community within the Legacy area; asked how traffic demands would be mitigated; questioned the main entrance to Kensington Minutes—Planning Commission August 25,2015—Page 4 of 10 • Park Drive and where Georgia Street's entrance would be and how the homes would be affected on Kensington Park Drive; what steps will be f taken to mitigate the lights impacting Columbus Square and surrounding I neighborhoods, deceleration lane and acceleration lane along Edinger Avenue; visibility turning left onto traffic; mapping or GIS accuracy (how buildings are being laid out on the site and the roadways); and the definition of acute care. John Mehigan, applicant, stated there are five (5) points of entry into the community (main entrance on Georgia Street and Kensington Park Drive), as well as access from Valencia Drive and Edinger Avenue. He also stated there would be traffic calming signals. Richard E. Barretto, P.E. — Principal Traffic Engineer, Linscott, Law & Greenspan, Engineers (traffic consultant) response to the comments concerns as follows: Access/exit points are planned throughout the center (including the medical and retail center); his firm worked with staff to make sure there was no issue of traffic congestion; confirmed that the project will • have lesser traffic impacts than anticipated by the Specific Plan; their lighting consultant will use LED lighting in all of their shopping centers due to Cal Green Codes and that lights have shielding with top covers; deceleration lane is actually an extension of the bus pass and did not suggest an acceleration lane coming out of the driveway (onto Edinger Ave.) due to the speed; and he did not see an issue with visibility while the buses are going out. Wilikom Willkom stated that the Tustin City Code (TCC) requires that all lights do not "bleed" onto adjacent properties and she stated that plan check plans will be reviewed for compliance with the TCC. Nishikawa In response to Thompson's inquiry, Nishikawa stated he was not aware of any GIS problems since a conveyance map was already done and recorded on the property as well as the underlying tentative parcel map. The City and the County will confirm this for accuracy when it is time to go through the process. Willkom Wilikom referred the Commission to the revised conditions in Reso. No. 4286 (Condition No. 2.1), which included an expanded definition of acute care. George Okita (representative for Hoag Hospital) further explained acute care is designed for post-acute care after hospital discharge, prior to being sent home (a 24-hour stay, as opposed to an outpatient stay). A typical patient would be someone who had an orthopedic procedure (i.e. hip/knee replacement). The Commission questioned/commented further as follows: "Building heights" and the variance being requested from 45 to 60 feet; explanation on how the context is working with the site and surrounding areas and to which L buildings; and, how is the landscaping and terrain/roadways helping break it up; asked if the building height request would apply to all medical buildings (or future buildings); parking code restrictions on a vehicle being parked for 24 hours; question on whether or not people could park for 20 days for acute care treatment; with the anticipated parking plan in place would there be an Minutes—Planning Commission August 25,2015—Page 5 of 10 • allocation of parking spots for the acute care facility; concern with ambulance noise at the acute care facility; alternate plan for the main entrance for Building I and the potential for a drive-thru; would the building and lot be designed to mitigate the impacts of the noise level of the drive- thru and the surrounding communities; specific plan requirements for the hours of operation. Willkom Willkom's response to the questions generally included: She referred the Commission to site plan (Building K - medical center building); the Specific Plan Amendment (SPA) includes the request of the increase in height from 45 feet to 54 feet; plenty of setback area with landscaping and across that area is the fire station and Coventry Court with the highest building elevation is 38 feet; Building M - acute care facility - an increase in height is being requested at the rear of the building and is near a sloped area and adjacent to elevated Tustin Ranch Road with part of the building being visible. Binsack Binsack clarified for Thompson that staff is not requesting a variance, but a Specific Plan Amendment, which is a code change and altering would be made to the MCAS SPA that would establish a new building height for the project planning area; height change would only be for the two (2) buildings: K and M. Hutter Per Rutter, the length of stay of the vehicles would generally be up' to the enforcement of the property owner. Mr. Okita, stated a car would generally be parked at the acute care facility up to 8 hours, although the facility is open 24 hours, it is on three (3) shifts and the patients within the facility generally cannot drive since they are there to recover or rehabilitate. Therefore he stated the employees cars would be there for eight (8) hours maximum. Binsack Binsack stated that the acute care facility is not a trauma center or emergency service facility; therefore there would not be an ambulance noise issue. Mr. Mehigan stated that Building I has the potential for a restaurant with a drive-thru as part of their services and if there is an ability to split the building in half to have the drive-thru, there are conditions that would restrict noise and require shielding to the drive-thru menu. Willkom Willkom informed the Commission that the MCAS SPA does not limit the hours-of-operation,-but-as-with-any-proposed-restaurants-or-businesses-the Community Development Director would need to review and approve the proposed hours of operation. The Commission's comments/concerns with regards to the "super graphics" generally included: Location; impacts/rules with the Sign Plan on lighting and density; would signs be painted or LED; clarification regarding orientation of the two (2) super graphics signs; would like confirmation that the lights being emitted from the signs would not exceed from the property. Mutter Rutter provided an explanation of the super graphics which is to provide a — venue for special presentations, announcements at the center and would not be for any specific tenant, but would be directed to things happening at the center as a whole. Minutes—Planning Commission August 25, 2015—Page 6 of 10 Binsack Binsack further explained and mentioned the Tustin Market Place, as an example to the Commission. The graphics are not to advertise one particular store, but what is occurring at the center. The super graphics is ( not to advertise a business, but is performing a function. Mr. Mehigan's response to the Commission's comments/concerns generally included: The super graphics are considered a "branding" of a particular store's image; and that the signs would be painted, not LED, but they would be lit at night. • Hutter One of the signs would be facing Kensington Park Drive and the other would be facing the entrance drive. As far as lighting, the Sign Plan does specify that it will only be externally illuminated which might be achieved by a gooseneck lighting fixture. Smith Smith requested clarity on the signage and what the design intent was between the Hoag sign (industrial look) vs. the other signage (has stone look). In response to Smith's question, Mr. Mehigan generally stated: Two (2) different uses (retail has stone, whereas Hoag's signage is modern). Two different things happening (restaurant vs. doctor's office) therefore the architecture is different. Thompson Thompson asked about parking and the term joint-use being in the ( resolution and maintaining a minimum number of parking spaces in the Lmedical plaza. Hutter Hutter's response was that the joint-use parking was specifically for the medical side of the development. The minimum parking identified in the Conditions of Approval is to lock in what the proposed parking is. Smith Smith asked if CVS, Stater Bros., and Hoag would be tenants since they were mentioned throughout the proposed plans. Per Mr. Mehigan, CVS, Stater Bros. and Hoag are signed leases. Omar Hussein, Director of Leasing for Orange County, provided status of leasing and his background in leasing; currently have 12 Letters of Intent under negotiations for the center. Kozak Kensington Park Drive properties facing the proposed center wanted clarification on the landscape plan being considered adequate as a "screening/buffer" for the residences facing the proposed development. Jim Baldwin, landscape architect for Conceptual Design and Planning Company, stated that each street has its own design theme that's based on the Specific Plan. There will be screening which is necessary along the edge of Kensington Park Drive and Edinger Avenue. L 8:28 p.m. Public Hearing Opened. Minutes—Planning Commission August 25,2015—Page 7 of 10 • Ms. Vicki Keltner, resident, opposed the project and stated she had the following issues: No value in retail space; parking and lighting issues; noise concern; traffic; entrance into the neighborhood; preferred the space be allocated to a dog park and housing for seniors or those with a fixed income. Mr. Fred Moore, resident, also opposed the proposed project. His concerns generally included: Architectural styles (medical plaza); uses; landscaping; and traffic. In response to the public's comments: Mr. Mehigan stated the following: Goal is to be the neighborhood solution; pedestrian/retail environment; designed the center to get people in and out of the center quickly; Hoag's architecture is a brand of what is happening inside the building, which may not come across the elevations and they cannot start construction on the property until the construction drawings are complete; the intent for the developer and staff would be to build a first class office building and retail center. Thompson Thompson asked how the flow of traffic circulation differs from The District. He also asked about lighting and noise and what the generators are and how they are being attenuated. Thompson asked how the lighting code is interpreted in the proposed center. In response to Thompson's question, Mr. Mehigan indicated that The District has one way in off of Barranca, which causes a "bottle neck" effect; the proposed project has multiple entry points; Regency submitted a lighting plan abiding by the Tustin City Code (TCC); The goal for the noise activity points are internal which is where the restaurants would be (no live music) which makes a very, quiet center; the medical side of the center is also quiet; and he does not anticipate noise being an issue. Binsack Binsack's response generally included: Parking lot lighting is typically 20 feet in height; before permits are issued for the parking lot, the City requires a photometric study that identifies the "spillover" and per the TCC spillover is not allowed to go off-site into the right-of-way; with respect to the noise issue, one of the uses identified in the application that may generate noise would be from the drive-thru's menu board, which typically provides noise generators (the orientation, the read-back menu boards) have been conditioned to be included in each of the conditions associated with the drive-thrus and in addition, the City has a noise ordinance and cannot exceed and create a nuisance condition for the adjacent uses. 8:41 p.m. Public Hearing Closed. The Commission's deliberation/consideration generally included the following: Screening/buffering of the residential units along Kensington; Favorable comments regarding the project; complimented the landscape plan and asked that staff work with the developer further; Altowaiji's main concern was the change in height but it was addressed properly within the report; Smith was concerned with the architecture's contrast between the retail and medical; requested clarification on the vacant space across Valencia Avenue and if it was to be used for Tustin Unified School District (TUSD) and asked if TUSD had a chance to comment on the proposed project; asked if the Police Department had any public safety concerns with Minutes—Planning Commission August 25. 2015—Paae 8 of 10 this development; concern with the ingress/egress on Edinger Avenue and with the medical (height) amendment to the Specific Plan; and Hoag is beneficial to the center. Willkom Per the question on TUSD, Willkom stated that it was to be used for various TUSD campuses. The City did provide TUSD a copy of the development plan and they had no comments. Huller In response to Smith's question, the Police Department did not have any particular concerns. Binsack Binsack's response to the following generally included: Architecture — provided language in Resolution No. 4285 and then modified the language; staff did meet with the architect last week to discuss modifications but was unable to provide modified elevations for the Commission's consideration; would like to allow the architect the opportunity to take a look at what the modifications could be (Buildings K and M - colors, materials to be more compatible with the retail center) The Commission's final comments generally included: Requested staff to provide to the City Council specific guidance as to what the Commission's concerns were; thanked the applicant and shareholders of the project as well as the community; and reiterated the concern of screening along Kensington Park Drive. Binsack Staff will continue to work with the applicant and the plans will be reviewed by staff once they are submitted to Plan Check. Bobak Bobak provided clarification to the Commission on the voting process. Motion: It was moved by Lumbard, per staff's recommendation, as amended in the modifications presented to the Commission, and seconded by Altowaiji to adopt the items listed under the Recommendation. Motion carried 5-0. REGULAR BUSINESS: Received & Filed. 4. SUMMARY.OF PROJECTS The report provides a summary of projects and activities since the prior Summary of Projects report was presented at the April 28, 2015, Planning Commission meeting. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items which may be of interest to the Commission. RECOMMENDATION: That the Planning Commission receive and file this item. 1-- Thompson Due to the time, Thompson asked the Commission to receive and file the item rather than have a presentation. He also asked if the Commission had any questions regarding the Summary of Projects. Minutes—Planning Commission August 25, 2015—Page 9 of 10 . None. STAFF CONCERNS: COMMISSION CONCERNS: Kozak Thanked staff for all the hard work that went into the Regency Center project; r commended DiLeva-Johnson on the Summary of Projects report; favorable comments for Parks & Recreation (Concerts in the Park); 8/1 Attended the Murder Mystery Dinner at Wilcox Manor; 8/17 Attended the Enderle Center Car Show; and 8/25 Attended the Victory Park Grand Opening. Altowaiji Commended staff for the Regency report; favorable comments for the project; thanked DiLeva-Johnson Smith None. Lumbard Lumbard reiterated his favorable comments previously mentioned, along with the events that took place that day. Thompson 8/5 Urban Land Institute (ULI) Collaboration with the City; 8/20 Public Forum on Transportation; 8/25 Attended the Victory Park Grand Opening; Hawaiian attire next meeting! 9:16 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 8, 2015, at 7:00 p.m. in the City Council Chambers at 300 Centennial Way. , 4 C 4' TSPSON Chairperson rE;/zt,e/A/7-Rt4PA-ed ELIZABETH A. BINSACK Planning Commission Secretary Minutes—Planning Commission August 25. 2015—Paoe 10 of 10 RESOLUTION Na 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 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-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 requirementsare 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 uponi 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; andt 5. Compliance with other Specific Plan provisions, as amended. M. That Tentative Parcel Map 2015-127 will be ini 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; and 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. JEFItHO FO ON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary I Resolution No. 4285 Page7 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 25t" d'ay of August, 2015. PLANNING COMMISSIONER AYES: Altowaij i, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary 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) 2015-014, 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 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) *E5 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 2015-031TPM 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 applicantshall 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 Il 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-d'ate 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 monumentationi 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. f (1), 3.11 At plan check, trash enclosures shall be designed with roofs/covers that Er (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: 11 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 shalt 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 review and approval by the Community Development Director. 2. Proposed colors shall be modified to be more compatible with the retail center'swarmer and richer colors. e. Building K — Medical Center 1. Materials are subject to review and approval by the Community Development Director. f. Building M —Acute care/rehabilitation: Exhibit D Resolution No. 4285 Page 7 1. A new Design Review application and approval shall be required for Building M if a new or modifiedlbuilding 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. (1) 4.3 Landscape screenings shall be installed along all parking areas abutting streets. The screening shall Ibe 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 Exhibit D Resolution No. 4285 Page 8 (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 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. Exhibit D Resolution No. 4285 Page 9 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. 1 i. 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 II 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; 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; Exhibit D Resolution No. 4285 Page 10 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; i. 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)i 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. 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 Exhibit D Resolution No. 4285 Page 11 ( 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 Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non- structural BMPs as specified in the approved WQMP. (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) 92 No cross gutters allowed on public streets. (5) 93 Prior to issuance of a Certificate of Occupancy; the applicant shall Exhibit D Resolution No. 4285 Page 12 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 striping modifications, design and construct right turn lane and driveways, median and sidewalks modifications, median landscape and irrigation system modifications and parkway landscaping and irrigation system improvements. 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 fl 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 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. (l g. Valencia Avenue project access driveways: restrict to right-turn Exhibit D Resolution No. 4285 Page 13 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 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 i'. Landscape/irrigation Exhibit D Resolution No. 4285 Page 14 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. 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. Exhibit D Resolution No. 4285 Page 15 (5) 9L13 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, 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 Exhibit D Resolution No.4285 Page 16 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". (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 fife 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. Exhibit D Resolution No. 4285 Page 17 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. (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) Exhibit D Resolution No•. 4285 Page 18 (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. 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. Exhibit D Resolution No. 4285 Page 19 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 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. a 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. ii 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 Exhibit D Resolution No. 4285 Page 20 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. 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: 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 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 I! 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. II. 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. JE F PSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4286 Page 4 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. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary • 1... 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) 1L2 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) 11.4 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 Il (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 L5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1L6 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, 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 2015-11 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 such as memory care, assisted living, palliative care, convalescent care, surgery recovery, chemical dependency services and chronic care rehabilitation. 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 Exhibit A Resolution No. 4286 Page 4 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. 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: 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 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 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 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: Resolution No. 4287 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. 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 neighboring residential uses is anticipated as the associated proposed commercial center is a self-contained shopping `l 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 Resolution No. 4287 Page 3 ( 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 2015-12 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. JaieF . T'rT PSO Chairperson -ididiixtfaz.. ',toe ELIZABETH A. BINSACK Planning Commission Secretary I Resolution No. 4287 Page 4 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. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: : PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary 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 GENERAL (1) 1A 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 retuming 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) 115 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) 1.8 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. (1) 1.8 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. !l *** 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 1 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 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. 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: I. The Planning Commission find's 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: 1. 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. �1ilf WY�` JE PSON Chairperson / ✓u�Z2�z�7 gGLe.Ire ELIZABETH A. BINSACK Planning Commission Secretary 1 Resolution N'o. 4288 Page•4 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. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: z%z��GcLsid2�, 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) t4 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) 116 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) 117 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) 118 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. t 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. Restaurant business hours shall be reviewed and approved by the Community Development Director. (1) 2.7 Adequate landscaping shalllbe 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 Exhibit A Resolution No. 4288 Page 4 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. 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: Il 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 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. Al , . / J . T AIMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 1 . Resolution No. 4289 Page 4 I 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. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: a31411/1 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) 116 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) 117 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. *** 119 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- fl Exhibit A Resolution Na. 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. 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 I) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. The Planning Commission of the City of Tustin does hereby resolve as follows: Il 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. p A �. ' H SON Chairperson ( esu..; 2/�t ELIZABETH A. BINSACK Planning Commission Secretary I Resolution No. 4290 Page 4 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. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ay' 4--411.1;Cretel ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4290 CONDITIONAL USE PERMIT 2015-15 COMMERCIAL DRIVE-THRU ALTERNATIVE OPTION - BUILDING I, PARCEL 7 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) t2 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) t3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject toi 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) 1L6 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. *** 22 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) 23 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) 23 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. Restaurant business hours shall be reviewed and approved by the Community Development Director. (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. 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: L The Planning Commission finds and d'etermi'nes 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. II. 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. a A I J:i7 T' o PSO Chairperson t::4;ZatofteS- c‘,J 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. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4291 CONDITIONAL USE PERMIT 2015-16 MASTER SIGN PLAN THE VILLAGE AT TUSTIN LEGACY CONDITIONS OF APPROVAL GENERAL (1) 1.1 Signage shall conform with the submitted master sign plan for The Village at Tustin Legacy date stamped (MONTH DATE), 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) 'L3 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. (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. 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 Alllsigns shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. (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 Exhibit A Resolution No. 4291 Page 3 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. (1) 2.7 The "Supergraphic" maximum sign area shall be ten (10) feet wide by ten (10) feet tall. 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. 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 PRESCHOOL/CHILDCARE 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: 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 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. 1 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 25`h day of August, 201& J:f T MPS Chairperson ati-c2 ;711 ( Cettek 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 d'ay of August, 2015. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED:: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4292 CONDITIONAL USE PERMIT 2015-17 PRESCHOOL/ CHILDCARE BUILDING A, PARCEL 9 15140 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1L 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) 1L4 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) 1L5 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) 1l7 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. *** 1L9 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) 24 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 it 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. 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: 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 applicationincludes 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 (SPA) 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 i 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. TO I PSON Chairperson getiC 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, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4293 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2015. PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lumbard, Smith, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ` ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4293 CONDITIONAL USE PERMIT 2015-23 JOINT USE PARKING PARCELS 10, 11, 12 AND 13 1512Q 15100, 15000 AND 15020 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 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 retuming 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. 4293 Page 2 (1) 1i6 The applicant shall be responsible for costs associatedlwith 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. (1) 1L8 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. PI 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. I