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HomeMy WebLinkAboutCC RES 15-58 RESOLUTION NO. 15-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING 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 WITHIN PLANNING AREA 7 OF NEIGHBORHOOD B OF THE MCAS TUSTIN SPECIFIC PLAN (15000 THROUGH 15190 KENSINGTON PARK DRIVE) The City Council of the City of Tustin does hereby resolve as follows: I. The City Council 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. 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 purpose and intent of the neighborhood is maintained, and applicable city requirements are identified and satisfied. 2. 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. 3. 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 (SP1) 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 22.7 acre site within Planning Area 7 Resolution No. 15-58 Page 1 of 25 to accommodate the development a new commercial center with multiple uses. E. That Section 65402(a) of Government Code provides that no real property shall be disposed until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan. F. That Section 65402 (a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. That the Planning Commission adopted Resolution No. 4285 determining that the 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. 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 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: Resolution No. 15-58 Page 2 of 25 1. Continuity and adequacy of all circulation systems, such as roads, access points, pedestrian ways, and other infrastructure systems needed to serve the project; 2. Continuity and design quality of architecture proposed, as well as landscape and hardscape theme and treatments; 3. Satisfactory response to the urban design features specified in Chapter 2 and under Planning Area 7 in Chapter 3; 4. Conformity with the Non-Residential Land Use/Trip Budget; and, 5. Compliance with other Specific Plan provisions, as amended. That Tentative Parcel Map 2015-127 will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Specific Plan Amendment 2015-02, State Subdivision Map Act and the City's Subdivision Code as follows: 1. That the site is located in Planning Area 7 of the MCAS Tustin Specific Plan, which is designated for Village Services of the MCAS Tustin Specific Plan and that the proposed development, as conditioned, will be physically suitable for the type of development and proposed density of development; 2. The subdivider will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at MCAS-Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; storm drains; retention and detention systems; and, other utility backbone systems; 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 4. The design of the subdivision will not cause serious public health problems; 5. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the subdivision; 6. The waste discharge from the proposed subdivision has been designed in compliance with all applicable codes and will not result in Resolution No. 15-58 Page 3 of 25 or add to violations of existing requirements prescribed by the Regional Water Quality Control Board; and 111 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. J. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the City Council 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 City Council 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. K. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. Following the hearing, the Planning Commission adopted Planning Commission Resolution No. 4285 recommending that the City Council approve the proposed project. L. That a public hearing was duly called, noticed, and held on said application on September 15, 2015, by the City Council and that the City Council continued the item to October 20, 2015. M. 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 Resolution No. 15-58 Page 4 of 25 and the future alignment of Valencia North Loop Road. On April 3, 2006, the 111 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 (Resolution No. 15-57) 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 City Council hereby approves 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 A. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of October, 2015. '- CHARLES E. PUCKETT, Mayor ATTEST: I ERICA N. RABE, City Clerk I Resolution No. 15-58 Page 5 of 25 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 15-58 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 20th day of October 2015 by the following vote: COUNCILPERSONS AYES: Puckett, Murray, Bernstein (3) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: Gomez, Nielsen (2) COUNCILPERSONS ABSENT: None (0) ERICA N. RABE, City Clerk Resolution No. 15-58 Page 6 of 25 C EXHIBIT A RESOLUTION NO. 15-58 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 October 20, 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 2015-001. 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. (1) 1.4 Approval of 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) BUILDING CODE (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CP 2015-003, SUB 2015-03ffPM 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) 1.8 All activities shall comply with the City's Noise Ordinance. *** 1.9 The applicant shall comply with executed Development Agreement 2015-001 and associated Disposition and Development Agreement. **" 1.10 Restaurant businesses in the center shall close by 12:00 a.m. (midnight) daily. Any modifications to this condition shall be reviewed and approved by the Community Development Director. PARCEL MAP (1) 2.1 Within twenty-four (24) months from tentative map approval, the applicant shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the 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. 0 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CP 2015-003, SUB 2015-03/TPM 2015-127 and DR 2015-014, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.8 All activities shall comply with the City's Noise Ordinance. *** 1.9 The applicant shall comply with executed Development Agreement 2015-001 and associated Disposition and Development Agreement. k* 1.10 Restaurant businesses in the center shall close by 12:00 a.m. (midnight) daily. Any modifications to this condition shall be reviewed and approved by the Community Development Director. PARCEL MAP (1) 2.1 Within twenty-four (24) months from tentative map approval, the applicant shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin City Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least 90 days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the Tustin City Code and State Subdivision Map Act. (1) 2.2 At the time of Final Map submittal, the applicant shall also submit two (2) copies of an up-to-date title report. (1) 2.2 At the time of Final Map submittal, the applicant shall also submit two (2) copies of an up-to-date title report. (1) 2.3 The final parcel map shall be recorded in accordance with approved Tentative Parcel Map and all applicable requirements of the MCAS Tustin Speck Plan, Tustin City Code, Subdivision Map Act, Subdivision Code and applicable policies and guidelines. All applicable conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 2.4 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, the Tustin City Code, applicable City of Tustin guidelines and standards and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin unless otherwise modified by this Resolution. *** 2.5 Easements shall be obtained and recorded providing reciprocal access and use of driveways among the tenants of the retail and medical center. *** 2.6 Easements shall be obtained and recorded providing reciprocal access and use of parking lots among the tenants of the retail center. *** 2.7 Easements shall be obtained and recorded providing reciprocal access and use of parking lots among the tenants of the medical center. (1) 2.8 Sub -divider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer prior to recordation of the final map. (5) 2.9 The sub -divider shall release and relinquish to the City of Tustin all vehicular access rights to Valencia Avenue, Kensington Park Drive, Edinger Avenue, and Tustin Ranch Road, except at approved access locations and street intersections. (5) 2.10 The sub -divider shall dedicate to the City of Tustin in fee for roadway purposes Parcels A and B, at no cost to the City of Tustin. (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. (1) 3.6 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas. No rooftop mounted equipment shall be visible from Tustin Ranch Road which may require adjustments to equipment and/or the parapet to meet this condition. This will be verified at plan check and field verified. (4) 3.7 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted outside the required access space. (4) 3.8 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. (1) 3.9 All utilities shall be installed underground. (1) 3.10 No outdoor storage shall be permitted except as approved by the Community Development Director. (1), 3.11 At plan check, trash enclosures shall be designed with roofs/covers (4) that 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 loading bay screen wall shall be a solid wall with decorative design elements that match the wall design on the plan north elevation (front of store). 2. 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. Building D — Drive-thru Pharmacy: 1. The loading bay screen wall shall be a solid wall with decorative design elements. 2. The loading bay screening length shall effectively screen the loading area, loading doors, trash compactor and other related elements. 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. 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's warmer and richer colors. e. Building M — Acute care/rehabilitation: 1. A new Design Review application and approval shall be required for Building M if a new or modified building design is proposed. 2. The screen wall on the plan's south corner of the building shall match the architecture of the acute care building. 3. The design review approval for Building M shall expire five (5) years from approval to account for additional construction, inspection, and certification requirements from the California Office of Statewide Health Planning and Development (OSHPD). (1) 3.14 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. LANDSCAPING (1) 4.1 Landscape plans shall comply with the City's Water Efficient Landscape Ordinance and Ordinance No. 1457, regarding the water conservation requirements stipulated in the Governors 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 screening shall be installed along all parking areas abutting streets. The screening shall be a minimum height of thirty-six (36) inches. *"* 4.4 The applicant shall be responsible for planting and landscape maintenance of the slope along Tustin Ranch Road. Prior to issuance of grading permits, the applicant shall enter into an agreement with the City stipulating this responsibility. CC&Rs (1) 5.1 Prior to recordation of the final map, all organizational documents for the project including any Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to the Community Development Department for review and approval by the City Attorney's Office and shall be recorded with the County Recorder's Office. Costs for such review shall be borne by the applicant. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. At a minimum, the following items shall be included: a. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, trash enclosures, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. 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. 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. The retail center shall have no more than 20 percent of the gross floor area for restaurants/food uses and no more than 4,000 square feet for health/fitness club uses unless reviewed and approved by the Community Development Department upon applicant submittal of a supplemental parking analysis. BUILDING PLAN SUBMITTAL (1) 6.1 At the time of building permit application, the plans shall comply with the latest edition of the codes (building codes, Green Building Code), City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 6.2 All private on-site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: a. Sidewalks and paths of travel, including curb ramps for the physically disabled; all sidewalks and pathways shall comply with the provisions of the American with Disabilities Act; b. Drive aprons; c. Signing/striping plan; d. Street lighting; e. Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; f. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; g. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; h. Underground utility connections: All utility lines shall be placed underground by the developer; Fire hydrants; j. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. *"* 6.3 At plan check submittal, the applicant shall submit updated noise studies for Building K and L that determine the attenuation measures required to comply with the City's Noise Ordinance. GRADING AND DRAINAGE CONDITIONS (1), 7.1 Prior to issuance of a Grading Permit, a final grading plan, prepared by (3) a California Registered Civil Engineer, shall be submitted and approved. The grading plan shall be consistent with the approved site and landscaping plans. (5) 7.2 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. WATER QUALITY (1), 8.1 This development shall comply with all applicable provisions of the City (5) of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (5) 8.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1), 8.3 Prior to issuance of any permits, the applicant shall submit a final Water (5) Quality Management Plan (WQMP) for approval by the Community Development and Public Works Departments. The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. Structural BMPs identified in the WQMP shall be shown on the grading plan. The WQMP shall identify the following: a. Implementation of BMPs. b. Assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.). c. Reference to the location(s) of structural BMPs. (1), 8.4 Prior to submittal of a WQMP, the applicant shall submit a deposit of (5) $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1), 8.5 Prior to issuance of a grading permit, the applicant shall record a (5) "Covenant and Agreement Regarding Operation and Maintenance 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) 9.2 No cross gutters allowed on public streets. (5) 9.3 Prior to issuance of a Certificate of Occupancy, the applicant shall design and construct public improvements on Valencia Avenue, Kensington Park Drive, Edinger Avenue, and Tustin Ranch Road along the project frontage to the satisfaction of the City Engineer: 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 tum lane, driveway, sidewalk, and median and parkway landscape and irrigation system improvements. The Edinger Avenue widening cross fall of the street shall be to the curbside and be intercepted by a catch basin. d. Tustin Ranch Road: design and construct the landscape and irrigation system improvements along Tustin Ranch Road slope and parkway to back of curb. e. Traffic signal modification: design and construct the necessary traffic signal modifications at Valencia Avenue / Kensington Park Drive intersection associated with proposed realignment 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 comer. f. Traffic signal modification: design and construct the necessary traffic signal modifications at Kensington Park Drive / Georgia Street intersection associated with the construction of the project site driveway. Subject to review/approval by the City, the traffic signal modification will require the replacement of the existing traffic signal pole on the southwest corner and may include the relocation of the existing traffic signal poles located on the northeast corner and southwest corner. g. Valencia Avenue project access driveways: restrict to right -tum in only near Tustin Ranch Road and right -turn in, right -turn out and left -turn out near Kensington Park Drive. h. Edinger Avenue project access driveway: restrict to right -turn in and right -turn out only. L 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 prepared (5) 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 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. (5) 9.13 The minimum pipe diameter for all public storm drains shall be 24 -inch. (1) 9.14 The applicant shall be responsible for connection of the project to new backbone utility systems. The applicant shall provide applicable easements for any new utilities on private property. (5) 9.15 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: a. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. b. The applicant shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water District (IRWD), AT&T, Cox Communications, Time Warner, etc. c. The applicant shall coordinate the design and construction of all utilities with the utility providers and the City. (1), 9.16 All trash enclosures shall utilize the City's standard enclosure designed (5) 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, at al) to recycle at least 50 percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (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: Fire master plan (service code PR145) — In looking at the preliminary plan the circulation and access to all structures appears to be satisfactory. This size of project will require either phasing plans or overall fire master plan with 'revisions' for individual buildings. The fire master plan will be much more detailed demonstrating access to each structure, fire lane signage and or red curbs, and fire hydrant locations. b. Pre -submittal Meeting: Prior to issuance of grading permit or submittal of any fire master plans to the OCFA, it is recommended that the applicant or responsible party schedule a pre -submittal meeting with an OCFA plan reviewer. This meeting will make the process for submitting to OCFA less confusing. Call OCFA Planning & Development Services at 714-573-6108 at least two weeks in advance to arrange for scheduling and payment for the pre -submittal meeting. (5) 10.2 Prior to issuance of a building permit, the applicant shall submit and obtain approval for the following: a. Architectural (Service Codes PR200-PR285), for structures when required by the OCFA "Plan Submittal Criteria Form." b. Refrigeration and vapor detection/alarm system (Service Codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G-02 or the California Fire or Mechanical Codes. c. High -piled storage. (Service Code PR330) (when required) d. Underground piping for private hydrants and fire sprinkler systems. (Service Code PR470-PR475) e. Fire sprinkler system. (Service Codes PR400-PR465) (5) 10.3 Prior to concealing interior construction, the applicant shall submit and obtain approval for the following: a. Sprinkler monitoring system. (Service Code PR500) b. Fire alarm system. (Service Code PR500-PR520) c. Hood and duct extinguishing system. (Service Code PR335) (when applicable) (5) 10.4 Speck 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. JOHN WAYNE AIRPORT (5) 11.1 Prior to initiation of any construction on the property, an application and notice of construction are filed and approval is obtained from those governmental agencies legally concerned (Federal Aviation Administration, Caltrans Aeronautics Division, and Orange County Airport Land Use Commission). ENVIRONMENTAL (5) 12.1 All mitigation measures related to the project that are required by the Mitigation Monitoring Program for the MCAS Tustin, identified in this exhibit and in other related project entitlements, shall be implemented. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: a. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. b. The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. c. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. FEES (1) 13.1 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. e. Water and sewer connection fees to the Irvine Ranch Water District. f. Transportation System Improvement Program (TSIP), Benefit Area "B" fees based upon the most current rate of new or added gross square floor area of construction or improvements to the Community Development Department. g. New construction fee in the amount of $0.10 per square foot. h. School facilities fee in the amount as required by Tustin Unified School District. Other applicable Tustin Legacy Backbone Infrastructure Program fees. (1) 13.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight(48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.