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HomeMy WebLinkAbout07-H. CITY COUNCIL RESOLUTION NO 16-60 (SUB 2016-/ VTTM 18003)ATTACHMENT H City Council Resolution No. 16-60 (SUB 2016-02/VTTM 18003) RESOLUTION NO. 16-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SUBDIVISION 2016-02/ VESTING TENTATIVE TRACT MAP 18003 TO SUBDIVIDE AN APPROXIMATE 38 -ACRE SITE INTO TWENTY-ONE (21) NUMBERED LOTS FOR THE DEVELOPMENT OF AN 870,000 SQUARE FOOT COMMERCIAL MIXED-USE PROJECT WITHIN A PORTION OF PLANNING AREAS 9-12 OF THE MCAS TUSTIN SPECIFIC PLAN. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That proper application has been submitted by Flight Venture LLC for the project, which includes a phased commercial mixed-use development with a retail food hall and conference center consisting of a total of 870,000 square feet to be developed in two (2) phases on an approximate thirty- eight (38) acre site currently owned by the City of Tustin within a portion of Planning Area 9-12 of the MCAS Tustin Specific Plan. The development contained within each phase is as follows: Phase 1 — ten (10) separate buildings, one (1) parking garage; 390,440 square feet 2. Phase 2 — eight (8) separate buildings, one (1) parking garage; 479,560 square feet B. That the development application includes the following requests: Development Agreement 2016-001 to facilitate the development and conveyance of an approximate thirty-eight (38) acre site within the boundaries of the MCAS Tustin Specific Plan. 2. Concept Plan 2016-001 to develop an 870,000 square -foot commercial mixed-use project with a retail use (food hall) and conference center 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. 3. Subdivision 2016-02 Nesting Tentative Tract Map 18003 to subdivide an approximate thirty-eight (38) acre site into twenty-one (21) numbered lots for the development of a commercial mixed-use project with a retail use (food hall) and conference center. Resolution No. 16-60 Page 2 4. Design Review 2016-001 for the design and site layout of a thirty- eight (38) acre site into a commercial mixed-use project with a retail use (food hall) and conference center. 5. Conditional Use Permit 2016-001 for the establishment of on-site alcohol consumption in conjunction with the operation of the food hall entertainment for Building D. 6. Conditional Use Permit 2016-002 for the establishment of joint use parking for Lots 1-10 of VTTM 18003. 7. Conditional Use Permit 2016-15 for the establishment of live entertainment in conjunction with the operation of the food hall/conference center for Building D. 8. Conditional Use Permit 2016-23 for the allowance of mechanical equipment to exceed the maximum allowable building height for Building A. 9. Minor Adjustment 2016-001 for the allowance of a ten (10) percent parking reduction for Phase 1 of the project site. 10. Minor Adjustment 2016-002 for an increase in building height for Building A for both Phase 1 and Phase 2 of project site. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within a portion of Planning Area 9-12 of Neighborhood E; 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 Vesting Tentative Tract Map 18003 is in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code as follows: 1. That the site is located in a portion of Planning Area 9-12 of Neighborhood E of the MCAS Tustin Specific Plan 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 Resolution No. 16-60 Page 3 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 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. E. That a public hearing was duly called, noticed, and held on said application on September 27, 2016, by the Planning Commission. Following the hearing, the Planning Commission adopted Planning Commission Resolution No. 4322 recommending that the City Council approve the proposed project. F. That a public hearing was duly called, noticed and held on said application on October 18, 2016, by the City Council. The City Council continued the item to November 1, 2016. G. 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 Resolution No. 16-60 Page 4 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. 16-59) has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. The City Council hereby approves Subdivision 2016-02Nesting Tentative Tract Map 18003 to subdivide an approximate thirty-eight (38) acre site into twenty-one (21) numbered lots for the development of a commercial mixed use project within a portion of Planning Area 9-12 of the MCAS Tustin Specific Plan subject to conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 1" day of November, 2016. JOHN NIELSEN MAYOR ATTEST: ERICA N. RABE CITY CLERK Resolution No. 16-60 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-60 ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 16-60 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day of November, 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK EXHIBIT A RESOLUTION NO. 16-60 SUBDIVISION (SUB) 2016-02/VESTING TENTATIVE TRACT MAP (TTM) 18003 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 1, 2016, 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 (TCC). (1) 1.2 Except as otherwise provided by the Conditions of Approval, the Development Agreement and/or the Subdivision Map Act, the subject project approval shall become null and void unless one or more permits are issued and substantial construction is underway prior to the later of i) the deadline for Developer Completion of construction of the Phase 1 Horizontal Improvements and Minimum Phase 1 Vertical Improvements (as such deadline may be extended by Force Majeure Delay) set forth in the Tustin Legacy Disposition and Development Agreement (Cornerstone 1); and (ii) the expiration of the Phase 1 Term of Development Agreement 2016-001 (as such expiration date may be extended by Force Majeure Delay). 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 SUB 2016-02/VTTM 18003 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. 16-60 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of SUB 2016-02/VTTM 18003, 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. (***) 1.8 The applicant shall comply with executed DA 2016-001 and associated Disposition and Development Agreement. (***) 1.9 This approval shall become null and void if the Tustin Legacy Disposition and Development Agreement Cornerstone 1 is not approved. TRACT 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 TCC, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the TCC. The Final Map shall be submitted at least ninety (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 TCC and State Subdivision Map Act. (1) 2.2 Preparation and recordation of a final subdivision map shall be required. (1) 2.3 At the time of Final Map submittal, the applicant shall also submit two (2) copies of an up-to-date title report. (1) 2.4 The final tract map shall be recorded in accordance with approved VTTM and all applicable requirements of the MCAS Tustin Specific Plan, TCC, Exhibit A Resolution No. 16-60 Page 3 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) 2.5 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 TCC, applicable City guidelines and standards and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City unless otherwise modified by this Resolution. (1) 2.6 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. (***) 2.7 A public access easement shall be put in place to and from the project site to Legacy Park. Said easement shall be noted on the TTM. (***) 2.8 Reciprocal parking and access easements and agreements shall be finalized prior to the recordation of the final Tract Map. (***) 2.9 Developer shall dedicate easements for emergency vehicle access and public services ingress and egress purposes over the private streets and driveways, at no cost to the City, on the Tract Map. (***) 2.10 Developer shall dedicate public access and maintenance easements to the City of Tustin for sidewalk along "A" Street, Barranca Parkway and Armstrong Avenue, at no cost to the City, on the Tract Map. CC&Rs (1) 3.1 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, unless an acceptable alternative is approved by the Community Development Department: a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. Exhibit A Resolution No. 16-60 Page 4 b. The requirement that property association bylaws be established. C. Membership in the property association shall be inseparable from ownership in individual parcels. d. 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), parking structure and parking area, common area, etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. 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. ii. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travelways should be removed or repaired promptly. iii. 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. e. 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. f. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical Exhibit A Resolution No. 16-60 Page 5 equipment, television and radio antenna, and signs, consistent with the TCC and the MCAS Tustin Specific Plan zoning district. g. In order to achieve the appropriate balance of harmonious and diverse design within the project, all plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. The CC&Rs shall provide for an adequate means of ensuring compliance with this requirement, such as, by way of example only, property owner association approval of exterior improvements prior to requesting a building permit from the Community Development Department. h. 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. Provisions requiring access from Phase 2 to the Linear Park. An access exhibit shall be made part of the CC&Rs. An updated parking summary shall be provided with any proposed conversion or addition to the tenant spaces to ensure compliance with all City requirements and the provisions of the CC&Rs. k. The property association shall be required to file the names, addresses, and telephone numbers of at least one member of the property association Board and, where applicable, a manager of the project before January 1st of each year with the Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. The property association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. M. No amendment to alter, modify, terminate, or change the property owners association's obligation to maintain the common areas or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas, shall be permitted without the prior written approval of the Community Development Department. Exhibit A Resolution No. 16-60 Page 6 n. All utility services serving the site shall be installed and maintained underground. o. Provision for a Parking Management Plan to include a "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the property owners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. Total parking provided on-site. 2. Assigned and unassigned parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit." P. The property owner's association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. ENVIRONMENTAL (5) 4.1 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 permits, the developer shall retain a County -certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. b. The developer shall comply with the requirements established in a Paleontological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. Exhibit A Resolution No. 16-60 Page 7 C. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County -certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. d. 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. e. 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 fifteen (15) miles per hour. f. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented.