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HomeMy WebLinkAbout07-I. CITY COUNCIL RESOLUTION NO 16-61 (CP 2016-001, DR 2016-001, CUP 2016-02, CUP 2016-23, MM 2016-01 AND MM 2016-02)ATTACHMENT I City Council Resolution No. 16-61 (CP 2016-001, DR 2016-001, CUP 2016-02, CUP 2016-239 MM 2016-01 and MM 2016-02) RESOLUTION NO. 16-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONCEPT PLAN 2016- 001, DESIGN REVIEW 2016-001, CONDITIONAL USE PERMIT 2016-02, CONDITIONAL USE PERMIT 2016-23, MINOR MODIFICATION 2016-01 AND MINOR MODIFICATION 2016-02 FOR THE DEVELOPMENT OF AN APPROXIMATE 870,000 SQUARE FOOT PHASED COMMERCIAL MIXED-USE PROJECT WITHIN A PORTION OF PLANNING AREA 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 project 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 (the City) within a portion of Planning Area 9-12 of the MCAS Tustin Specific Plan. The development contained within each phase is as follows: 1. 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. - 1 equests: 1. 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 I Vesting 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 Resolution No. 16-61 Page 2 mixed-use project with a retail use (food hall) and conference center. 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/Conference Center 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 Type A. 9. Minor Modification 2016-001 for the allowance of a ten (10) percent parking reduction for Phase 1 of the project site. 10. Minor Modification 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 Areas 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 the project site is currently owned by the City and the City wishes to dispose of an approximate thirty-eight (38) acre site within a portion of Planning Areas 9-12 to accommodate the development a new commercial mixed-use project which includes a creative office campus with a retail use (food hall) and conference center. 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. Resolution No. 16-61 Page 3 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. 4320 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 a portion of Planning Areas 9-12. 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; 2. Continuity and design quality of architecture proposed, as well as landscape and hardscape theme and treatments; Resolution No. 16-61 Page 4 3. Satisfactory response to the urban design features specified in Chapter 2 and under Planning Areas 9-12 in Chapter 3; 4. Conformity with the Non -Residential Land Use/Trip Budget; and, 5. Compliance with other Specific Plan provisions, as amended. That the proposed Phase 1 development comprised of ten (10) separate buildings, one (1) parking garage totaling 390,440 square feet with 1,544 parking stalls. The MCAS Tustin Specific Plan requires the provision of 1,722 parking spaces for Phase 1 development. J. That MCAS Tustin Specific Plan Section 4.2.6 allows for Minor Modifications to reduce the required amount of non-residential parking (up to a maximum ten (10) percent reduction). The adjusted reduction of parking spaces is a limited deviation from the parking standards in that: 1. The granting of the Minor Modification for parking would not change the MCAS Tustin Specific Plan intent for Planning Area 9-12; 2. The proposed project will not result in the granting of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated in that a ten (10) percent decrease in required parking is permitted by the MCAS Tustin Specific Plan; 3. The intent of the parking regulations as stipulated in the MCAS Tustin Specific Plan is preserved; and 4. The parking provided will be sufficient to serve the use intended and potential future uses of the same site as demonstrated in the submitted Flight at Tustin Legacy Shared Parking Analysis dated August 3, 2016. K. That MCAS Tustin Specific Plan Section 3.13.1(B) allows parking facilities be used jointly for uses with different peak hours of operation with the approval of a Conditional Use Permit. L. That the request of the ten (10) percent parking reduction and the establishment of parking facilities to be jointly use within Phase 1 of the Flight of Tustin Legacy 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 in that: Resolution No. 16-61 Page 5 1. That a Flight at Tustin Legacy Shared Parking Analysis dated August 3, 2016, was prepared by a licensed traffic engineer (LSA Associates, Inc.) in accordance with TCC 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 MCAS Tustin Specific Plan, the Phase 1 development would require 1,722 off-street parking spaces; 1,544 parking spaces are currently proposed; the Parking Analysis determined a peak usage of 1,526 parking spaces; therefore, the Parking Analysis demonstrates that no substantial conflict will exist in the peak hours of parking demand for the proposed uses within Phase 1. 4. That the parking spaces designated for joint -use are located such that they will adequately serve the uses for which they are intended. 5. 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. 6. That a written agreement is required to be recorded on each of the affected parcels to ensure the continued availability of the number of parking spaces designated for joint -use and availability of reciprocal access easements. M. That the MCAS Tustin Specific Plan limits building height for Planning Area 9-12 to seventy (70) feet. The proposed project includes buildings that are seventy-seven (77) feet, which is a ten (10) percent increase in allowable height by the MCAS Tustin Specific Plan. Section 4.2.6 of the MCAS Tustin Specific Plan allows for a Minor Modification which includes up to a ten (10) percent increase in building height. N. That MCAS Tustin Specific Plan Section 3.11.15 states that all mechanical equipment shall be screened from view from any abutting street, highway or adjacent use. The mechanical equipment on the proposed building roof will encroach above seventy-seven (77) feet to a maximum height of eighty (80'-6") feet. Section 9271 (d) of the TCC, allows for mechanical equipment to encroach above the maximum allowable height with approval of a Conditional Use Permit. Resolution No. 16-61 Page 6 O. That the request of the ten (10) percent increase in building height and the encroachment of mechanical equipment beyond the maximum building height 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 in that: The proposed project conforms to the Tustin General Plan and MCAS Tustin Specific Plan and the proposed creative office use campus is conforming to the land use designation; 2. The mechanical equipment will be screened from view and the screening will be architecturally integrated in the building design consistent with the requirement of the MCAS Tustin Specific Plan. 3. Proposed project will not result in the granting of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated in that a ten (10) percent increase in building height is permitted by the MCAS Tustin Specific Plan. The increase in building height would have minimal impact to other properties in the vicinity. P. 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. Resolution No. 16-61 Page 7 13. Development Guidelines and criteria as adopted by the City Council. Q. 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. 4323 recommending that the City Council approve the proposed project. R. 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. S. 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 (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. II. The City Council hereby approves Concept Plan 2016-001, Design Review 2016- 001, Conditional Use Permit 2016-02 for joint use parking, Conditional Use Permit 2016-23 for mechanical screening, Minor Modification 2016-01 for ten (10) percent parking reduction and Minor Modification 2016-02 for building height increase up to ten (10) percent for the development of an approximately 870,000 square foot phased commercial mixed-use project within portion of Planning Area 9-12 of the MCAS Tustin Specific Plan subject to the conditions attached hereto as Exhibit A. Resolution No. 16-61 Page 8 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 1St day of November, 2016. JOHN NIELSEN MAYOR ATTEST: ERICA N. RABE CITY CLERK Resolution No. 16-61 Page 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-61 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. 16-61 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1" day of November, 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK EXHIBIT A CONDITIONS OF APPROVAL CONCEPT PLAN (CP) 2016-001, DESIGN REVIEW (DR) 2016-001, CONDITIONAL USE PERMIT (CUP) 2016-002, CONDITIONAL USE PERMIT (CUP) 2016-23, MINOR MODIFICATION 2016-01 AND MINOR MODIFICATION 2016-02 PLANNING AREA 9-12, NEIGHBORHOOD E 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. Phase 1 consist of ten (10) buildings and one parking garage with a total of 390,440 square feet. Phase 2 consist of two (2) sub -phases with eight (8) buildings and one (1) parking garage with a total of 479,560 square feet. Altogether the proposed project would construct 854,477 square feet of office space, 11,970 square feet of restaurant space and 3,553 square feet of meeting space for a total of 870,000 square feet of development. CP 2016-001 includes the proposed development within Phase 1 and illustrative development potential within Phase 2. DR 2016-001 approval comprises the proposed development within Phase 1 only. Proposed development within Phase 2 would require future submittal of a Site Plan and Design Review to the Community Development Department for review and approval. Any changes in the approved project and/or phasing shall be subject to the review and approval of the Community Development Department. The Director of Community Development may approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC. (***) 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 Exhibit A Resolution No. 16-61 Page 2 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, 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 the proposed project is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to Tustin City Code (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. Within ten (10) working days after approval, the applicant shall pay any outstanding fees to reimburse the City for costs related to Code Enforcement activity. (1) 1.7 CUP 2016-02 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 2016-02, 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) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to Exhibit A Resolution No. 16-61 Page 3 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. Engage parking attendants. (1) 1.9 As a condition of approval of the project, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.10 All activities shall comply with the City's Noise Ordinance. (***) 1.11 The applicant shall comply with executed Development Agreement 2016- 001 and associated Disposition and Development Agreement. () 1.12 A sidewalk shall be installed on both sides of Flight Way for Phase 1 and only on the north side of Flight Way for Phase 2. () 1.13 Street lights shall be installed along both sides of the private drive aisles (Flight Way and Airship Avenue). (1) 1.14 The proposed project shall comply with the City's Transportation Demand Management (TDM) Ordinance as identified in Section 9265 the TCC. TDM program plans shall be prepared for the proposed project and shall be subject to review and approval of the Public Works Department. (1) 1.15 The applicant shall make the required deposits for plan check and permit issuance in accordance with the City's most recent fee schedule, or as otherwise required by Development Agreement 2016-001. (1) 1.16 All new structures shall provide adequate radio coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communication System. Further, the applicant/owners or Exhibit A Resolution No. 16-61 Page 4 tenants shall maintain a reasonable standard of reliable radio communication within their buildings and structures once a certificate of occupancy is issued or a final inspection is conducted. For the purposes of this section, adequate radio coverage shall include those specifications in the City of Tustin Public Safety Radio System Coverage Specifications set forth in Chapter 10, Section 8958 of the TCC, even if the project is exempt from Section 8958. (City of Tustin Public Safety Radio System Coverage Specifications). (1) 1.17 This approval shall become null and void if the Tustin Legacy Disposition and Development Agreement Cornerstone 1 is not approved. STREET IMPROVEMENT CONDITIONS (***) 2.1 Developer shall be responsible for the design and construction of full width improvements to the public portion of Flight Way from Barranca Parkway to the entrance of the Property including utilities, curb adjacent sidewalks on both sides of the street, and street lights along both sides of the street. The landscape and irrigation system adjacent to the Property between Barranca Parkway and the Food Hall Building shall be completed or completion shall otherwise be assured through the provision of bonds, guarantees, cash collateral, or other instruments or means satisfactory to the City Community Development Director. (***) 2.2 Developer shall be responsible for the design and construction of a traffic signal at the intersection of the public portion of Flight Way and Barranca Parkway. Intersection enhancement shall include the creation of left turn lane on Barranca Parkway to Flight Way, additions of signal apparatus including loops and interconnects, signing and striping modifications as necessary, and restoration of landscape medians impacted by left -turn enhancements or median modifications. (***) 2.3 Developer shall be responsible for the design and construction of the improvements to Barranca Parkway from the public portion of Flight Way to Armstrong Avenue. Developer shall design and construct the decelerating and accelerating lane and meandering sidewalk on Barranca Parkway along project frontage from Armstrong Avenue to Flight Way. The landscape and irrigation system adjacent to the Property along Barranca Parkway from Flight Way to Armstrong Avenue as approved for Phase 1 of the Project from back of curb to landscape set back limits shall be completed or completion shall otherwise be assured through the provision of bonds, guarantees, cash collateral, or other instruments or means satisfactory to the City Community Development Director. Exhibit A Resolution No. 16-61 Page 5 (***) 2.4 Developer shall be responsible for the design and construction of the improvements to Armstrong Avenue from Legacy Park to Barranca Parkway, including curb adjacent sidewalks adjacent to the Property. Developer shall also provide final/finish surface course Asphalt Rubber Hot Mix (ARHM) paving on Armstrong Avenue from Warner Avenue to Barranca Parkway, traffic striping and raise any manhole to grade. The landscape and irrigation system adjacent to the Property along Armstrong Avenue from Legacy Park to Barranca Parkway as approved for Phase 1 of the Project from back of sidewalk to landscape set back limits shall be completed or completion shall otherwise be assured through the provision of bonds, guarantees, cash collateral, or other instruments or means satisfactory to the City Community Development Director. Developer shall additionally construct the curb adjacent sidewalk along the west side of Armstrong Avenue from Legacy Park to Warner Avenue. Developer shall install signal conduit, pull boxes and cable for a future traffic signal at the intersection of Airship Avenue and Armstrong Avenue. (***) 2.5 Developer shall be responsible for the design and construction of landscape and irrigation system along Armstrong Avenue adjacent to the property. (***) 2.6 Developer shall be responsible for the design and construction of a four- way traffic signal, including loops, interconnects, and radar detection system at the intersection of southerly project entrance and Armstrong Avenue. (***) 2.7 Developer shall design and construct the public storm drain system, wet utilities, and dry utilities along Flight Way connecting to and crossing Legacy Park (Tract No. 17144, Lots "AX and "BB"), and the public storm drain system along the north side of Phase 1 adjacent to the Food Hall Building in the locations required pursuant to the DDA and the Entitlement Approvals. Developer shall provide the necessary utility and access easement to the City. (***) 2.8 Developer shall be responsible for the design and construction of the improvements to Airship Avenue between Barranca Parkway and Armstrong Avenue, including utility improvements, street lighting and curb adjacent sidewalks in the locations required pursuant to the DDA and the Entitlement Approvals. Developer shall also provide final/finish surface course ARHM paving, traffic striping and raise any manhole to grade. The landscape and irrigation system adjacent to the Property as approved for Phase 1 of the Project shall be completed or completion shall otherwise be assured through the provision of bonds, guarantees, cash collateral, or other instruments or means satisfactory to the City Community Development Director. Exhibit A Resolution No. 16-61 Page 6 (***) 2.9 Developer shall be responsible for the design and construction of the improvements to the private portion of Flight Way between the entrance of the Property and Armstrong Avenue, including utility improvements, street lighting and curb adjacent sidewalks, except that between Airship Avenue and Armstrong Avenue sidewalk improvements need only be constructed on the north side of Flight Way. Developer shall also provide final/finish surface course ARHM paving, traffic striping and raise any manhole to grade. The landscape and irrigation system adjacent to the Property as approved for Phase 1 of the Project shall be completed or completion shall otherwise be assured through the provision of bonds, guarantees, cash collateral, or other instruments or means satisfactory to the City Community Development Director. (***) 2.10 Construction of interim landscaping on Phase 2, as more specifically set forth in the DDA and the Landscape Installation and Maintenance Agreement, as and when required thereby. Such landscaping shall be completed or completion shall otherwise be assured through the provision of bonds, guarantees, cash collateral, or other instruments or means satisfactory to the City Community Development Director. (***) 2.11 All public improvements itemized in the Development Agreement for Phase 1 and Phase 2 shall be completed in accordance with the timing specified in the Agreement. (1) 2.12 Separate twenty-four (24) by thirty-six (36) inches from the street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way along "A" Street, Barranca Parkway and Armstrong Avenue, as applicable. All improvements itemized in the Development Agreement shall be installed consistent with the timeframes set forth in the Development Agreement. Said plan 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 plan e. Traffic signal f. Street lighting g. Catch basin/storm drain laterals/connection to existing storm drain system h. Domestic water facilities i. Reclaimed water facilities j. Sanitary sewer facilities k. Landscape/irrigation Exhibit A Resolution No. 16-61 Page 7 In addition, a twenty-four (24) by thirty-six (36) inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. (***) 213 The proposed landscaping material along "A" Street, Barranca Parkway and Armstrong Avenue shall be consistent with the Tustin Legacy Backbone Street Plant Palette, Legacy Park Plant Palette, or as approved by the Community Development Director and/or the City Engineer. (1) 2.14 Developer shall provide a Geotechnical Report, Pavement Analysis, and Design Report for all required Tustin Legacy Backbone Infrastructure, Local Infrastructure and Private Infrastructure improvements required in the Tentative Tract Map. (1) 2.15 Preparation of plans for and construction of: a. All sanitary sewer facilities shall be submitted as required by the City Engineer and local sewer agency. These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District. b. A domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. (1) 2.16 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. (1) 2.17 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development. (1) 2.18 All utility lines shall be placed underground by the developer. Exhibit A Resolution No. 16-61 Page 8 (1) 2.19 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. (1) 2.20 A street lighting system shall be prepared for review and approval by the City of Tustin and Southern California Edison. (1) 2.21 Class II Bike Lanes shall be designed and constructed in accordance with the MCAS Tustin Specific Plan requirements and approved street improvement plans. (***) 2.22 The minimum pipe diameter for all public storm drains shall be twenty-four (24) inches. (1) 2.23 Developer shall be responsible for abandoning and removing all existing utilities within the current and proposed roadway sections. (1) 2.24 Developer 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. (1) 2.25 As part of the final design process and to comply with the Final EIR/EIS requirements for the Disposal and Reuse of MCAS Tustin, the applicant shall submit detailed 100 -year storm event hydrology calculations for the existing pre -project condition and for the project condition. As part of the study, the project's contribution to the overall increase in stormwater runoff from the redevelopment of MCAS Tustin shall be estimated and the potential design and construction costs to mitigate the increase stormwater discharge contribution from the project shall be determined. (1) 2.26 Developer shall enter into a Landscape Installation and Maintenance Agreement with the City of Tustin for the construction, maintenance, repair and replacement of the landscaping described in the Developer Agreement for the maintenance of parkway improvements within public rights-of-way adjacent to the project along "A" Street, Barranca Parkway and Armstrong Avenue. (1) 2.27 CADD Requirements - 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 Exhibit A Resolution No. 16-61 Page 9 computer aided design and drafting (CADD) format to the Satisfaction of the City Engineer. a. 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). b. 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. SITE & BUILDING DESIGN (4) 3.1 Project materials shall substantially comply with those identified in the approved plans (as such plans may be modified pursuant to the Conditions of Approval). 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) 3.2 All roof access shall be provided from the inside of the building. (4) 3.3 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) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.5 All rooftop mounted equipment shall be installed at a minimum height of six (6) inches below the top of the parapet so as not to be visible from the public right-of-way and parking lot areas. No rooftop mounted equipment shall be visible from Armstrong Avenue or Barranca Parkway which may require adjustments to equipment and/or the parapet to meet this condition. (4) 3.6 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. Exhibit A Resolution No. 16-61 Page 10 (4) 3.7 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) 3.8 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 3.9 At plan check, trash enclosures shall be designed with roofs/covers that are architecturally compatible with the surrounding buildings. (1) 3.10 Freestanding walls and fencing shall be treated with graffiti -resistant coating. 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 in accordance with the approved landscape plan. 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. CONDITIONAL USE PERMIT — JOINT USE PARKING (***) 5.1 In accordance with the Shared Parking Analysis prepared by LSA Associates (dated August 3, 2016), Phase 1 of the proposed project shall include the construction of a total of 1,544 parking spaces; a 1,158 space parking garage, a 219 -space parking lot located on the northern portion of the project site, a 54 -space parking lot located on the southern portion of the project site and 113 on -street spaces along various internal drive aisles within the project. Any changes of on-site parking, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. (***) 5.2 A Parking Management Plan shall be prepared for the project and reviewed and approved by the Community Development and Public Works Departments prior to the issuance of Certificate of Occupancy. Said plan shall describe how the parking will work within the project, including to the extent appropriate, the number of parking spaces assigned per building Exhibit A Resolution No. 16-61 Page 11 and/or tenant. If parking impacts are identified on-site or in the immediately adjacent park areas during either Phase 1 or Phase 2, the Community Development Department shall have the ability to re-evaluate the plan and request that the applicant modify it accordingly to mitigate any impacts identified. (1) 5.3 Applicant shall not lease parking lot(s) and/or parking structure(s) within the project site for off-site uses. (1) 5.4 Applicant may charge separately for parking for employees and/or customers and guests to the project subject to the approval of a Parking Management Plan by the Community Development Department. (1) 5.5 Installation of gates across certain private drives to facilitate payment and enforcement of parking requirements shall be subject to approval of a Parking Management Plan by the Community Development Department. (1) 5.6 A written and recorded agreement shall be required assuring the continued availability of the number of stalls designated for joint use and availability of reciprocal access easements. Said agreement shall be subject to the review and approval by the City Attorney and Director of Community Development. MASTER SIGN PLAN (1) 6.1 Applicant shall submit a Master Sign Plan for the project that is in accordance with MCAS Specific Plan/Reuse Plan and/or the TCC. Said plan shall be designed in accordance with both documents and shall be subject to the review and approval of the Director of Community Development and/or Planning Commission. 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) 6.2 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) 6.3 All signs shall conform to the approved Master Sign Plan and revert to the City of Tustin Sign Code for any issues that remain silent in said Plan. Exhibit A Resolution No. 16-61 Page 12 (1) 6.4 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) 6.5 All signs shall be constructed of a non -corrosive, rust -resistant finish so as not to degrade in adverse weather conditions. (1) 6.6 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. (1) 6.7 Center Identification monument signs to The Flight at Tustin Legacy shall include the Tustin Legacy community name where text is applied. BUILDING PLAN SUBMITTAL (1) 7.1 Except as provided in the Development Agreement, 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) 7.2 Prior to issuance of the first Building Permit, Developer shall install chain link fence with green screen along Phase 2 boundary along Armstrong Avenue, drive aisles, and Barranca Parkway. (1) 7.3 A photometric drawing of the parking structure showing compliance with the City's required lighting levels will be required at the time of plan check submittal. (1) 7.4 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: Exhibit A Resolution No. 16-61 Page 13 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; i. Fire hydrants; 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. (1) 7.5 The applicant shall submit a Noise Study for Phase 2 that determines the attenuation measures required to comply with the City's Noise Ordinance. GRADING AND DRAINAGE CONDITIONS (1) 8.1 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. Exhibit A Resolution No. 16-61 Page 14 The grading plan shall be consistent with the approved site and landscaping plans. (1) 8.2 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. (1) 8.3 The entire Phase 1 site shall be rough graded at one time prior to the construction of Phase 1. WATER QUALITY (1) 9.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). 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. (1) 9.3 The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 9.4 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of two thousand seven hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 9.5 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk -Recorder. (1) 9.6 This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non- structural BMPs as specified in the approved WQMP. Exhibit A Resolution No. 16-61 Page 15 (1) 9.7 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. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1) 10.1 Developer shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: a. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. b. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority (OCTA). c. The applicant shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water District (IRWD), AT&T, Cox Communications, Time Warner, etc. d. The applicant shall coordinate the design and construction of all utilities with the utility providers and the City. e. Street improvement plans and signal plans along Barranca Parkway and Aston Street shall be submitted to the City of Irvine for review and approval, as these improvements directly affect traffic operations in the City of Irvine. SOLID WASTE RECYCLING CONDITIONS (1) 11.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. Developer/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 fifty (50) percent of the project waste material or the amount required by the California Green Building Standards Code. Exhibit A Resolution No. 16-61 Page 16 b. Developer will be required to submit a fifty dollars ($50.00) application fee and a cash security deposit. All commercial projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500), whichever is greater. In no event shall a deposit exceed twenty five thousand dollars ($25,000). c. Prior to issuance of any permit, Developer 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) 11.2 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. Adequate collection capacity shall be provided to insure that collection frequency shall not exceed four times per week for commercial customers. e. All trash enclosures shall utilize the City's standard enclosure designed with roof to accommodate at least two (2) 4 -yard bins, with at least one (1) bin reserved for recyclable materials. f. Businesses that will be large generators of organic waste such as food scraps shall also provide space for a sixty (60) gallon cart as part of the State required organics diversion program. ORANGE COUNTY FIRE AUTHORITY CONDITIONS (1) 12.1 Prior to Orange County Fire Authority (OCFA) clearance of a final map, a fire master plan is required to be submitted to OCFA for review. Exhibit A Resolution No. 16-61 Page 17 (1) 12.2 Prior to concealing interior construction, a sprinkler monitoring system plan and fire alarm system plan must be prepared and submitted to OCFA for review. (1) 12.3 Emergency Access Easements: Irrevocable reciprocal access easements for emergency access purposes to the benefit of the City shall be recorded concurrently with the final map or, where no final map is required, prior to approval of the fire master plan. (1) 12.4 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 five (5) days in advance to schedule the lumber drop inspection. (1) 12.5 Emergency Responder Digital Radio System: Evidence of compliance with emergency responder digital radio system performance criteria shall be provided prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirement. ENVIRONMENTAL (1) 13.1 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 Exhibit A Resolution No. 16-61 Page 18 construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. 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. FEES (1) 14.1 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. Exhibit A Resolution No. 16-61 Page 19 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 ten cents ($0.10) per square foot. h. School facilities fee in the amount as required by Tustin Unified School District. i. Other applicable Tustin Legacy Backbone Infrastructure Program fees. (1) 14.2 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.