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HomeMy WebLinkAbout07 THE FLIGHT AT TUSTIN LEGACYAGENDA REPORT Agenda Item MEETING DATE: NOVEMBER 1, 2016 TO: JEFFREY C. PARKER, CITY MANAGER Reviewed. City Manager Finance DirectorN/A FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: THE FLIGHT AT TUSTIN LEGACY: DEVELOPMENT AGREEMENT (DA) 2016- 001, CONCEPT PLAN (CP) 2016-001, DESIGN REVIEW (DR) 2016-001, SUBDIVISION (SUB) 2016-02, VESTING TENTATIVE TRACT MAP (VTTM) 18003, CONDITIONAL USE PERMITS (CUP) 2016-01; 2016-02; 2016-15; 2016- 23, MINOR MODIFICATIONS (MM) 2016-01 AND 2016-02 FOR THE DEVELOPMENT OF A COMMERCIAL MIXED USE PROJECT THAT INCLUDES A CREATIVE OFFICE CAMPUS WITH ACCESSORY FOOD HALL AND CONFERENCE CENTER WITHIN A PORTION OF PLANNING AREAS 9- 12, NEIGHBORHOOD E, MCAS TUSTIN SPECIFIC PLAN SUMMARY: The project is a request to construct an 870,000 square foot creative office campus with an accessory food hall and conference center within a portion of Planning Areas 9-12 (Neighborhood E) of the MCAS Tustin Specific Plan. The proposed project requires approval of a General Plan Conformity determination, Development Agreement, Concept Plan, Design Review, Subdivision/Vesting Tentative Tract Map, Conditional Use Permit and Minor Modifications. On September 27, 2016, the Planning Commission adopted Resolution No. 4320 determining the conveyance of the project site is in conformance with the General Plan, Resolution No. 4321 recommending City Council adopt Ordinance No. 1471 approving DA2016-001, Resolution No. 4322 recommending approval of VTTM 18003, Resolution No. 4323 recommending approval of CP2016-001, DR2016-001, CUP2016-02, CUP2016-23, MM 2016-01 and MM2016-02 and Resolution No. 4324 recommending approval of CUP 2016-01 and CUP 2016-015. The Disposition and Development Agreement (DDA) associated for this project will be considered at a later date. APPLICANT: Flight Venture LLC PROPERTY OWNER: City of Tustin Attn: Matt Howell 300 Centennial Way 114 Pacifica, Suite 370 Tustin, CA 92780 Irvine, CA 92618 FISCAL IMPACT: The applicant has paid the required application fees for the proposed project. The fiscal impact resulting from sale of land, marketing fees, Tustin Legacy Backbone Infrastructure obligation, community facilities districts, profit participation, property tax and transaction fees related to the project will be addressed within the City Council's consideration of the project's DDA. City Council November 1, 2016 Flight at Tustin Legacy Page 2 CORRELATION TO THE STRATEGIC PLAN: The proposed project furthers the objectives of the following Strategic Plan goals: • Goal A: Economic and Neighborhood Development — The proposed project would enable business, development, and job opportunities and would enhance the vibrancy and quality of life in Tustin Legacy and other areas of the community. • Goal B: Public Safety and Protection of Assets — The proposed project would ensure Tustin is an attractive, safe and well maintained community in which people feel pride. RECOMMENDATION: That the City Council adopt: 1. Resolution No. 16-59, finding the project is within the scope of the certified Final Environmental Impact State me nt/Envi ronme ntal Impact Report (FEIS/EIR) for the MCAS Tustin Reuse and Specific Plan, the Supplemental and Addendums, and that pursuant to Government Code Section 65457, no further environmental review is required. 2. Introduce and have first reading by title only of Ordinance No. 1471 for Development Agreement (DA) 2016-001 to facilitate the development and conveyance of an approximate 38 -acre site within the boundaries of WAS Tustin Specific Plan. The DA was intended to further the purpose and intent of the General Plan and Specific Plan, and FEIS/FEIR and will ensure the orderly implementation of infrastructure and development. The DA includes a schedule of performance and obligations that ensure adequate local infrastructure programs are in place to support the proposed development. 3. Resolution No. 16-60, approving VTTM 18003 to subdivide an approximately thirty-eight (38) acre site into twenty-one (21) numbered lots for the development of an 870,000 square -foot commercial mixed-use project. 4. Resolution No. 16-61, approving CP 2016-001 for the development of an 870,000 square -foot phased commercial mixed-use project 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, DR 2016-001 for design and site layout of Phase 1, CUP 2016- 02 for joint -use parking for Lots 1-10 of VTTM 18003, CUP 2016-23 for mechanical equipment to exceed the maximum allowable building height, MM 2016-01 for a 10 percent reduction in parking for Phase 1 and MM 2016-02 for a ten (10) percent increase in building height for Building A. 5. Resolution No. 16-62, approving CUP 2016-01 for on-site consumption of alcoholic beverages and CUP 2016-15 for live entertainment in conjunction with the operation of the food hall for Building D. City Council November 1, 2016 Flight at Tustin Legacy Page 3 APPROVAL AUTHORITY: • General Plan Conformity (GPC): Pursuant to Section 65402(a) of the Government Code, the Planning Commission is authorized to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. On September 27, 2016, the Planning Commission determined that the project is in conformance with the City's General Plan and adopted Resolution No. 4320. • Development Agreement (DA): The MCAS Tustin Specific Plan Section 4.2.9 requires a DA in conjunction with or prior to approval of any entitlements associated with private development. Pursuant to Tustin City Code (TCC) Section 9607, the Planning Commission shall consider the DA and make a recommendation thereon to the City Council. The Planning Commission shall forward its recommendation to the City Council within thirty (30) days of the time specified for the public hearing. Pursuant to TCC Section 9613, after the City Council completes the public hearing and considers the recommendation of the Planning Commission, the City Council may accept, modify or disapprove the DA. Pursuant to TCC Section 9614, the DA shall be approved by the adoption of an ordinance. Concept Plan (CP): Section 4.2.2 of the MCAS Tustin Specific Plan requires a CP to be prepared and submitted for Zoning Administrator approval concurrent with a new development proposal. Since the proposal includes other entitlement applications that require City Council approval and to expedite consideration, CP 2016-001 is forwarded to the Planning Commission and subsequently to the City Council for consideration. • Subdivision (SUB)/Tentative Tract Map (TTM): TCC Section 9321b authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes other entitlement applications that require City Council approval, VTTM 18003 is forwarded to City Council for consideration. • Design Review (DR): Section 4.2.4 of the MCAS Tustin Specific Plan requires each development to submit and obtain approval of a Site Plan and DR pursuant to the TCC following or concurrent with the approval of a CP. TCC Section 9272 authorizes the Community Development Director to consider DR application; however, since the proposal includes other entitlement applications that require City Council approval, DR 2016-001 is forwarded to City Council for consideration. City Council November 1, 2016 Flight at Tustin Legacy Page 4 • Conditional Use Permits (CUP): The proposed project will require approval of CUPs for the establishment of on-site alcoholic beverage consumption, joint use parking, live entertainment and the projection of mechanical equipment above the maximum allowable building height. Pursuant to MCAS Tustin Specific Plan Section 3.7.4.A.3, the establishment of on-site alcohol beverage consumption requires approval of a CUP. Pursuant to MCAS Tustin Specific Plan Section 3.13.1.13, the Community Development Director determined that joint use parking, live entertainment and the projection of mechanical equipment are conditionally permitted uses as specified in TCC Sections 9264 Qoint use parking), 3232 (live entertainment) and 9271 (d) (projection of mechanical equipment). TCC Section 9291 authorizes the Planning Commission to consider CUP applications; however, since the proposal includes other entitlement applications that require City Council approval, CUP 2016-01, CUP 2016-02, CUP 2016-15 and CUP 2016-23 are forwarded to the City Council for consideration. • Minor Modifications (MM): The proposed project includes two (2) minor modifications from the specific development standards within the MCAS Tustin Specific Plan; 1) a building height increase of 10% and 2) a reduction in off-street parking spaces by 10%. Pursuant to Section 4.2.6 of the MCAS Tustin Specific Plan, both requests shall be processed in accordance with the TCC. TCC Section 9299 authorizes the Community Development Director to consider minor adjustments, however since the project includes other entitlements that required City Council approval, MM 2016-01 and MM 2016-02 are forwarded to the City Council for consideration. BACKGROUND AND DISCUSSION The discussion contained within this report provides an overall analysis of the proposed project and includes the following areas: general project description and phasing, requested entitlements (Development Agreement, Concept Plan, Vesting Tentative Tract Map, Design Review, Conditional Use Permits, Minor Modifications), noise, public input, environmental review and the Planning Commission's recommendation for the project. General Project Description and Phasing The proposed entitlement applications for the project include a phased commercial mixed-use project with a retail conference center consisting of a total of 870,000 square feet with two (2) phases (Figure 1). The construction contained within each phase is listed below: 1. Phase 1 — A 390,440 square foot creative office campus with eight (8) separate office buildings, including a food hall/conference center in two separate buildings and one (1) parking garage. 2. Phase 2 — A 479,560 square foot creative office campus with eight (8) separate buildings and one (1) parking garage. City Council November 1, 2016 Flight at Tustin Legacy Page 5 Figure 1: Site Plan & Phasing The project site is located on the northwest corner of Armstrong Avenue and Barranca Parkway within Neighborhood E of the MCAS Specific Plan (Attachment A — Location Map and Figure 2). Neighborhood E is located in the southwest quadrant of the Specific Plan area, bordering Red Hill Avenue on the west, Warner Avenue on the north, Armstrong Road on the east and Barranca Parkway on the south. Neighborhood E is intended to be an employment center for the community and will provide a business park setting for a range of professional offices, research & development and commercial business uses. The project site is a thirty-eight (38) acre site that is currently vacant. The area to the south of the project site is located within the City of Irvine and is zoned IBC Multi -Use and improved with an existing office park and commercial retail center. Areas to the north, west and east are currently vacant and have a zoning designation of MCAS Tustin Specific Plan. City Council November 1, 2016 Flight at Tustin Legacy Page 6 Figure 2: Project Site within Tustin Legacy Neighborhood E Phase 1 of the project is proposed to the constructed first followed by Phase 2. Altogether, the project would construct 854,477 square feet of office space, 11,970 sf of retail/food hall use, and 6,532 sf of meeting space, for a total of 870,000 sf of development. The buildings will function as a creative office campus with the food hall and conference center being shared by those that work within the office campus. The project will include a system of open spaces, exterior seating areas and landscape features between the buildings that further enhance and facilitate the creative office campus. The City is entitling both Phase 1 and 2 Conceptual Plans with 870,000 square feet (building envelope). However, only Phase 1 Design Review and other associated entitlement applications are being considered (Figure 3). Phase 2 Design Review and its associated entitlements will be considered at a future date. City Council November 1, 2016 Flight at Tustin Legacy Page 7 0 Ull NOTES; Rica ns r'rLe Ll.+alwraLu.�iwtrYss�xT IEE �11'LYIPi/C.NFSiNYSiW71F.Q�R7PFAlYMO �E1MCrtIMlf1 lrTp y Y U� y �T 4 r M S 1 Tq�CN�9YOMiY 4 Figure 3: Phase 1 Site Plan & Illustrative Phase II Site Plan M.La I►y, rr�nr erg �ranr �wra pl, AF •TAY l�f�4ti � Phase I consists of 390,440 square feet contained within ten (10) office buildings, including a food hall/conference center and one (1) three-story (4 -level) parking garage with 1,158 parking spaces. Interim landscaping along Armstrong Avenue and public street improvements (i.e. sidewalk, on -street and off-street bike path, parkway, etc.) along Barranca Parkway will also be included within Phase 1. A summary of the proposed buildings and their square footages is provided below: City Council November 1, 2016 Flight at Tustin Legacy Page 8 Building Area — Phase 1 North Building Type Area (Gross Square Feet) Building A 73,718 Building B 74,636 Building D1 food hall 11,970 Building D2 conference center 6,532 Building E 6,500 Building F 6,500 Building G 13,250 Building H 13,250 Total Area (North Parcel) 206,356 Building Area — Phase 1 South Building Type Area (Gross Square Feet) Building C 110,366 Building A2 73,718 Total Area (South Parcel) 184,084 Total Area — Phase 1 390,440 Of the ten (10) buildings to be constructed within Phase 1, eight (8) would exclusively provide office space for a total of 371,938 square feet. The ninth and tenth buildings would consist of a food hall space for small restaurants and a conference facility with 3,553 square feet of meeting space and 2,979 square feet of office/storage space. In addition to the parking structure, there would be two surface parking lots with a total of 273 parking spaces. The 219 -space parking lot will be located on the northern portion of the project site and a fifty-four (54) space parking lot will be located on the southern portion of the site. A total of sixty-nine (69) additional parking spaces immediately adjacent to the parking structure and a total of forty-five (45) parking spaces located on Flight Way and Airship Avenue. Figure 4 illustrates the Phase 1 building and parking location. City Council November 1, 2016 Flight at Tustin Legacy Page 9 Figure 4; Phase 1 Building & Parking Locations Phase 2 consists of 479,560 square feet with eight (8) buildings and one (1), three-story (4 - level) parking garage with 1,081 parking spaces. A complete Design Review and its associated entitlements will be considered at a later date. A summary of the buildings and their square footages is provided below: Building Area — Phase 2 North Building Type Area (Gross Square Feet) Buildinu A 73,718 Buildina A 73,718 Buildinq B 74,636 Total Area North Parcel 222,072 Total Area — Phase 2 1 479,560 Building Area — Phase 2 Building Type Area (Gross Square Feet) Building A 73,718 Buildinq A 73,718 Building B 74,636 Building E 8,916 Building G 26,500 Total Area North Parcel 257,488 Total Area — Phase 2 1 479,560 City Council November 1, 2016 Flight at Tustin Legacy Page 10 Development Agreement The MCAS Tustin Specific Plan Section 4.2.9 requires that all individuals proposing private development within the Specific Plan area first obtain a Development Agreement. The purpose of the Development Agreement is to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development. The proposed Ordinance No. 1471 — Development Agreement (DA) (Attachment G) will also ensure orderly implementation of infrastructure in accordance with the Tustin General Plan, MCAS Tustin Specific Plan and Final Program EIR/EIS and its Supplemental and Addenda. One section to note in the proposed DA is Exhibit "C" regarding public benefit improvements. This DA outlines the City's responsibilities and the applicant's obligations. The proposed DA has been reviewed by the applicant, the applicant's counsel, City staff and the City Attorney and all parties are in support of the document. Concept Plan Section 4.2.2 of the MCAS Specific Plan requires a Conceptual Plan (CP) to be prepared and submitted for approval concurrent with a new development proposal. A Concept Plan is required for nearly all Planning Areas with the MCAS Specific Plan and provides the general framework and placement of land uses with the project area. The purpose of the concept plan is to ensure that: • The necessary linkages are provided between the development project and the Planning Area/Neighborhood in which it is located; • The integrity of the Specific Plan and purpose and intent of each Neighborhood is maintained; and • Applicable considerations of City requirements other than those spelled out in the Specific Plan are identified and satisfied. CP 2016-001 provides for conceptual development site layout and design framework for the proposed project. As proposed, CP 2016-001 has been prepared and submitted concurrently with the proposal to establish the commercial mixed use project and necessary vehicular and pedestrian linkages. The integrity of the Specific Plan, along with applicable City requirements, has also been demonstrated through submitted plans. Figure 5 shows the pedestrian linkages within the project including primary and secondary pedestrian access, on and off-site pedestrian access and building entrances. City Council November 1, 2016 Flight at Tustin Legacy Page 11 1W, -A? , spy# i �,•,{ !I i r i r�7��ii7'wr►rI l���i •�I��• •II�i/����•rryl.N is�►-Y����..�I��.�i►�. �aa+rr �ulrer Figure 5. Pedestrian Linkages The Phase 1 portion of the project will include pedestrian access throughout Phase 1 and future connectivity between Phase 1 and Phase 2. Interior pedestrian access within Phase 1 will be accomplished with pathways between and alongside buildings, through landscape areas, through parking lots and along the portions of Flight Way and Airship Avenue located within Phase 1. Flight Way and Airship Avenue will both contain public access easements (as shown on the Tentative Tract Map), exclusive of the parking spaces located within each area. Access from Phase 2 will be taken via an easement through Phase 1 off of Airship at the northern most project boundary. An on -street bike lane located on the west side of Armstrong Avenue is proposed which will provide connectivity with the existing off-street bike path along the north side of Barranca Parkway. There will also be pedestrian linkages between the both phases to the adjacent Legacy Park. Both the existing off-street bike path along Barranca and the proposed on -street bike lane along Armstrong will connect with The District, an existing retail lifestyle center to the east of the proposed project. The bikeways will also connect with other planning areas within the MCAS Tustin Specific Plan. City Council November 1, 2016 Flight at Tustin Legacy Page 12 One of the provisions within the MCAS Tustin Specific Plan includes the provision of pedestrian or bicycle linkages for any new development project within the Plan area. Linkages must be provided within a proposed project and connect internally as well as externally with other existing and contemplated linkages in other areas of the Specific Plan area. This is also one of the main objectives of the review of a Conceptual Plan by City staff. Review of a Conceptual Plan ensures that the connectivity is maintained. Figure 6 is the Regional Bikeway/Trail Concept Plan for the MCAS Tustin Specific Plan. Figure 6: MCAS Tustin Specific Plan Regional Bikeway/Trail Concept Plan Vesting Tentative Tract Map VTTM 18003 is a subdivision of an approximately thirty-eight (38) acre site into twenty-one (21) numbered lots for the development of commercial mixed-use project (Attachment C). The proposed tract map would create one lot for each proposed building on the property. Also included in the map are proposed easements for sewer, water, and roadway. Reciprocal access and parking easements will be recorded across the parcels in Phase 1 in the project's Covenants, Conditions and Restrictions (CC&Rs). A public access easement will be required for Flight Way and Airship Avenue and a pedestrian access easement will be provided from Lot 1 of VTTM 18003 to Legacy Park. Common area easements will also be provided throughout Phase 1 and maintenance of these areas will be provided through the CC&R's. All easements are shown on the Easements & CC&R Diagram/Sheet L1.04 within the submitted plans (Attachment C). City Council November 1, 2016 Flight at Tustin Legacy Page 13 Design Review There are two (2) phases in the proposed project, Phase 1 will include up to approximately 390,440 square feet of development. Phase 2 will include up to approximately 479,560 square feet of development and will be constructed in one (1) future phase, which may be further broken down into two (2) sub -phases. A separate Site Plan and Design Review for Phase 2 would be required at future date since the Concept Plan only provides an illustrative potential development. There are four (4) access points into the project site: a signalized full -access driveway on Aston/Barranca Parkway, an unsignalized right-in/right-out driveway along Barranca Parkway, and two (2) signalized full -access driveways along Armstrong Avenue. Interior circulation for the development is provided via a private drive aisle system. This will provide for easy access for tenants within the each phase and will allow for emergency response vehicles to service the project more efficiently. ft -110,r 11It) 41/ FSIe161. Key: Easements Emergency Easements Park Access for Phase 2 (through CC&Rs) Access Governed by CC&Rs 0 1 Park Connector Figure 7; Access Points, Emergency Access, Legacy Park Access and Internal Circulators City Council November 1, 2016 Flight at Tustin Legacy Page 14 Statistics for the four office buildings (Phase 1) include the following: Office Building Type Number of Stories Building Height Building Height w/Mechanical Screen Al, A2 4 73'-6" 80'-6" —Buildings Building B 4 56'-0" 66'-6" Building C 4 56-0" 66'-6" The four (4), four-story office buildings will be designed in a modern architectural style utilizing steel moment frame construction that allows for wide-open spaces without the need for traditional framing or bracing (i.e. walls) between areas within the building. This specific type of construction allows for the creation of wide-open spaces and an abundance of natural light, which together promotes interaction and collaboration among employees and fosters a sense of place. Building architecture will utilize cooler earth -tone colors with darker, accent colors on the vertical plaster walls. The images provide a series of architectural illustrations of the proposed buildings. Figure 8: View of Buildings A & B from Entry Plaza (approximately northwest corner of Airship Avenue & Flight Way) Figures 9 & 10: Left Image - View of Buildings A & B from Parking Lot (looking southwest); Right Image - View of Garage, Buildings A & B from northwest corner of Airship Avenue & Flight Way (looking northwest) City Council November 1, 2016 Flight at Tustin Legacy Page 15 Statistics for the small office campus (Phase 1) include the following: Office Building Type Number of Stories Building Height Building E 1 28'-0" Buildings F 1 35'-0" Building G 1 35'-0" Building H 1 35'-0" The four (4), one-story office buildings will each be designed in a modern architectural style utilizing flat metal wall & roof panels, wood wall panels & wooden slats, hollow metal doors, metal garage doors, and an expansive glass wall system. The buildings will be complimentary in color to the office buildings and maintain the use of cooler earth -tones such as greys and dark brown wood which will act as an accent and add natural warmth to the project design. The images below provide a series or architectural illustrations of the proposed buildings. Complete plans are included as Attachment C. Figures 11 & 12: Left Image — View of Buildings E, F, G and H from Entry Plaza ( looking north); Right Image — View of Buildings E, F and G from Legacy Park (looking southwest) Statistics for Building D (Food Hall) include the following: Food Hall Building Type Number of Stories Building Height Building D 1 35'-0" The food hall/conference center will be designed in a modern architectural style utilizing standing seam steel metal walls, standing seam steel metal roof panels, glass walls, hollow metal doors and painted steel. The color scheme will include cooler earth -tones and images and will similar in design to the adjacent small office campus. Surrounding the small office campus and the food hall will be landscape areas that are designed specifically to encourage interaction and be an extension of the office space. City Council November 1, 2016 Flight at Tustin Legacy Page 16 e Center and Food Hail from Legacy Park (looking southwest); Right Image - View of Food Hall from Aston Street (looking northeast) The site plan for both phases is designed to have landscaping located on the perimeter of the project site. The MCAS Tustin Specific Plan identifies that landscape setback areas (as measured from the back of the curb) should have a combination of parkway, sidewalk and planting area. The proposed project includes an interim twenty (20) foot landscape setback along Armstrong Avenue and a 30'-6" setback along Barranca Parkway. The landscape plan for Phase 1 includes portal entry treatments, landscape setbacks, viewscapes, entry nodes, decks & covered patio areas and uniquely designed smaller spaces within and among the buildings. The proposed landscaping scheme is modern to compliment the architecture and consists of ornamental drought tolerant plants along with various accent and specimen trees. Complete plans with landscaping are included as Attachment C. Figure 15. Landscape Plan along Flight Way — Phase 1 City Council November 1, 2016 Flight at Tustin Legacy Page 17 i- .1010. -_— — - .�. .EpItltANCAwrfvF��or�tr �CraS�_+Mrenas �� Yrl•NiIFG iYi xCi. M1fi9YOCFW�IC .+. ..w r..w Figure 16. Entry Plaza Plant Palette — Phase 1 Barranca Pkwy & Airship Ave. Figure 17. North Corner Plaza Plant Palette — Phase 1(Flight Way & Airship Ave) City Council November 1, 2016 Flight at Tustin Legacy Page 18 Statistics for the parking structure (Phase 1 and Phase 2) include the following: Parking Structure Number of Building Height Building Type Stories Phase 1 Structure 3 47'-8" (top of elevator shaft)/ 35'-5" overall Phase 2 Structure 3 47'-8" (top of elevator shaft/ 35'-5" overall The parking structures will be designed in a modern architectural style to compliment the office buildings throughout the project. Translucent polycarbonate panels will be utilized on the exterior to partially shroud the parking levels within the structure and painted concrete will be used on the elevator tower to allow for graphic art. The proposed project provides for continuity of vehicular, pedestrian, and infrastructure facilities and linkages; incorporates quality architectural and landscape design and urban design features such as streetscape and landscape concepts, site design, and architectural design; incorporates the requirements of the Specific Plan and other requirements such as the California Building Code and Construction Standards for Private Improvements. As conditioned, the proposed project would meet the intent and purposes as set forth in the MCAS Tustin Specific Plan. Conditional Use Permit — Food HalUConference Center Alcohol & Live Entertainment The proposed food hall (Building D) located within Phase 1 will have thirteen (13) individual vendors, intended to serve local commercial development in and around the area. As part of the creative use proposed for the site, the applicant is requesting that alcoholic beverage sales be allowed as an accessory/ancillary component of a food hall -style restaurant operation and conference center. As a result, approval of a CUP is required to allow an alcohol beverage establishment. Dependent on the ultimate alcoholic license the applicant pursues through the State Department of Alcoholic Beverage Control, the applicant would be allowed to sell and distribute beer, wine and/or spirits for on-site consumption at the food hall/conference center. Consumption of permitted alcoholic beverages would be limited to areas within the food hall/conference center and exterior public seating spaces location in proximity to the same area. All tables and areas within the food hall (including the "food hall bar area") and on the adjacent patios will be available for food service, consistent with the food hall's primary permitted operation as a self- service restaurant with ancillary alcoholic beverage sales for on-site consumption. Section 3.14 of the MCAS Specific Plan/Reuse Plan establishes regulations for alcoholic beverage sales for the Specific Plan area. The establishment of an on-site alcoholic beverage sales outlet which includes bars, taverns and/or cocktail lounges (when not an integral part of a restaurant) is conditionally permitted and shall require a CUP. City Council November 1, 2016 Flight at Tustin Legacy Page 19 The following standards apply to all alcoholic beverage sales establishments (On -Site and Off - Site): a. Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. A copy of the license shall be provided to the City. b. Approved uses shall operate in accordance with all applicable State, County and TCCs. Where a CUP is required, any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location may result in the revocation of that CUP, as provided for in the TCC. c. No loitering signs shall be placed near the entrance(s) on the outside of the premises or in other specified locations where alcoholic beverages are sold. d. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each day that is the business is open. e. Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City. These standards have been incorporated into the attached Resolution (Attachment J) as conditions of approval. Additional conditions have also been included based on the operational characteristics of the food hall/conference center, including the installation of a barrier to separate the outdoor seating areas where alcoholic beverages may be consumed from all other areas of the project. Pursuant to Section 3231 and 9232 of the TCC, no person shall establish any live entertainment without first having obtained a live entertainment permit from the Community Development Director and all live entertainment permits with three (3) or more performers require a CUP. The applicant is proposing live entertainment in conjunction with the food hall and conference center which will be designed as an accessory use to the primary food service operation and conference center and/or event venue and will not occupy more than five (5) percent of the total food hall area. The entertainment will include three (3) or more musical performers and will not occur more than ten (10) times per month. Outdoor cooking demonstrations and other instructional entertainment may also be permitted as live entertainment in the outdoor kitchen area adjacent to the food hall. Musical performances or other similar performances such as poetry, written word exhibitions, cooking demonstrations and other similar instructional entertainment would be suitable to the proposed project, specifically the food hall/conference area. Hours of live entertainment will be 6:00 am to 11:00 pm Monday through Thursdays and 6:00 am to 12:00 midnight on Fridays, Saturdays and Sundays. The conference center may be rented out as an event venue to accommodate meetings, weddings, and other public events. All entertainment requires approval of a site plan by the Director of Community Development and conditions of approval for this type of use have been included in the attached Resolution (Attachment J). City Council November 1, 2016 Flight at Tustin Legacy Page 20 Conditional Use Permit — Joint Use Parking Minor Modification — 10% Reduction in Off -Street Parking A Shared Parking study based on Urban Land Institute shared parking methodology was prepared by the applicant's consultant (LSA Associates) for Phase 1 of the proposed project. The parking study examined parking demand and parking supply for all uses in the proposed project based on different peak hours of parking demand for each use and estimated maximum parking demand. Because of different hours of operation and different offsetting parking activities, not all uses at the site require their full allotment of parking spaces at the same time. These operational characteristics allow for the potential for joint -use parking. Phase 1 includes the construction of ten (10) buildings and a parking garage in a creative office setting. Figure 4 illustrates the location of the proposed buildings and parking spaces within the phase. Parking for the project is located primarily within a 1,158 space parking garage. A 219 - space lot will be located between buildings on the northern portion of the site. The southern portion of the project site will have a fifty-four (54) space parking lot. On -street parking along various internal drive aisles is proposed to total 113 spaces. Altogether, Phase 1 of the proposed project will construct 1,544 parking spaces. Section 3.13 of the MCAS Specific Plan specifies the required number of parking spaces for the project site and the following parking ratios are applicable to the proposed project: Use General & Administrative Offices Restaurants Conference/Assembly Ratio 1 space/250 square feet Proposal 349,917 square feet t space/104 square feed. 11;97;Q squre',feet 1 space/35 square feet 3,553 square feet Total Required Total Provided Required Spaces 1,500 spaces 120 spaces 102 spaces 1,722 spaces 1,544 spaces Based on these parking requirements, the Phase 1 portion of the project requires a total of 1,722 spaces. As proposed, the project will provide a total of 1,544 parking spaces. Section 4.2.6 of the MCAS Specific Plan allows for the reduction of off-street parking spaces for nonresidential uses — up to ten (10) percent through a Minor Modification. The project is subject to Transportation Demand Management (TDM) which further implements the requirements of State law relative to trip reduction and travel demand for new projects. More specifically, TCC Chapter 9 requires that all new commercial, industrial and mixed-use development projects including employment centers of one hundred (100) persons or more that may adversely impact existing transportation or parking facilities, result in increased motor vehicle emissions and/or deteriorate levels of service need to incorporate project -specific trip reduction strategies into the project's design. The project is located approximately 2.5 miles from the Tustin Metrolink Station. The project's proximity to the Tustin Metrolink Station provides an opportunity for the operation of vanpools to reduce office parking demand. In the long term, Orange County Transportation Authority (OCTA) StationLink buses similar to Route 472 or Measure M2 Project City Council November 1, 2016 Flight at Tustin Legacy Page 21 V internal circulators, which are similar to the recently approved iShuttle Route W, could serve the MCAS Tustin employment centers, including the proposed project. These future transportation demand management (TDM) strategies could lead to further reductions in parking demand over and above employee vanpools. Based on the shared parking methodology analysis contained within the Shared Parking study and the provisions for a TDM, the reduction in parking can be supported. The proposed project is conditioned to prepare a Parking Management Plan for the site. The Parking Management Plan will consider the effects of transportation demand management (TDM) strategies, the location and cost of parking, variation in parking demand by time of day and the interaction between uses (i.e. walking between offices and on-site restaurant/food hall) for Phase 1. The Shared Parking analysis applied a ten (10) percent reduction in parking demand for offices and the food hall to account for these factors. The analysis contained with the Shared Parking Analysis concluded that a total of 1,526 parking spaces will be needed during Phase 1 peak parking demand. This total parking demand includes full utilization of the conference facility adjacent to the food hall. With a parking demand of 1,526 parking spaces and the provision of 1,544 spaces, the parking demand for the site can be accommodated. Conditional Use Permit — Projection of Mechanical Equipment Minor Modification — 10% Increase for Building Height The MCAS Tustin Specific Plan currently states that the maximum building height for Planning Area 9-12 is seventy (70) feet. Section 4.2.6 of the MCAS Tustin Specific Plan allows for minor modifications which include up to a 10% increase in building height. Section 9271 (d) of the TCC, allows for mechanical equipment to encroach above the maximum allowable height with approval of a CUP. The applicant has requested an increase in allowable building height for office Buildings A from seventy (70) feet to seventy-seven (77) feet, which is a 10 percent increase. A minor modification is being requested by the applicant to allow for this height. The mechanical equipment on the roof will encroach above seventy-seven (77) feet to a maximum height of eighty (80'-6") feet. The additional building height is required to accommodate and screen the equipment and the proposed screening is architecturally integrated into the building design. A total of six (6) office buildings (Building type A) will be constructed in Phase 1 and Phase 2; three (3) buildings will abut either Barranca Parkway or Armstrong Avenue (both major thoroughfares) and the other three (3) buildings will be located towards the interior of the site. The additional building height is appropriate for the project given the proximity of the buildings to the two major thoroughfares. The minor modification would be a limited deviation from the development standard and would have minimal impact to surrounding properties. Noise The applicant submitted a noise analysis (Attachment F, Exhibit B) that studied the levels at the proposed project and determine any potential effects of traffic noise on the proposed project. The TCC specifies exterior and interior noise limits for commercial land uses and these standards are contained within the Noise Element of the General Plan. The interior noise City Council November 1, 2016 Flight at Tustin Legacy Page 22 standard for private offices and conference rooms is 45 dBA Leq(12). The interior noise standard for offices is 50 CNEL. The interior noise standard for restaurants is 55 CNEL. The TCC does not have any exterior noise standards that would apply to the proposed project. As a result, the study accounted for exterior noise generated from vehicular traffic along Barranca Parkway and Armstrong Avenue and aircraft noise from John Wayne Airport. The noise analysis report shows the maximum noise exposure levels allowed for each building and the "worst case noise exposure" levels. The City of Tustin Noise Ordinance (TCC Section 4614(b)(5)) states that exterior noise levels that are twenty (20) dB above the Noise Zone standard are considered a violation of the Noise Ordinance. The report states that the noise level at Buildings A and C (office buildings), which are located along Barranca Parkway, exceed the twenty (20) dB threshold and the buildings will require further noise reduction measures to adhere to the Ordinance. Through a type of construction incorporated into the proposed office building design, the buildings all adequately attenuate noise to within City standards. Public Input Prior to the September 27, 2016 Planning Commission meeting, there was one (1) public comment received from the City of Irvine regarding the proposed project. The City of Irvine requested that the City of Irvine have the opportunity to review and approve the street improvement plans and traffic signalization at Aston Street & Barranca Parkway since these are located within the City of Irvine's jurisdiction. This comment is attached to the City Council report for reference (Attachment E) and has been incorporated into a Condition of Approval. Environmental On January 16, 2001, the City certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On May 21, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the Final EIS/EIR in conjunction with the South Orange County Community College District project. The Final EIS/EIR as amended by the Supplement and the Addendums is referred to herein as the "FEIS/EIR." The FEIS/EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendums and Supplement considered the potential environmental impacts associated with development on the former MCAS Tustin. The applicant submitted a focused access analysis, trip generation study that specifically looked at the traffic patterns and volumes, signal warrant analysis and queuing analysis of the proposed development. The Public Works Department reviewed the studies and determined that the proposed development is within the thresholds identified in the FEIS/EIR. An Environmental Checklist (Attachment F, Exhibit A) has been prepared and concluded that the proposed actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. City Council November 1, 2016 Flight at Tustin Legacy Page 23 Planning Commission Action On September 27, 2016, the Planning Commission considered the project and adopted Resolutions No. 4320 through 4324, as modified, recommending that the City Council approve the proposed project. The Planning Commission also asked staff to review the requirement for pedestrian and bicycle linkages within the MCAS Specific Plan so as to ensure that all required linkages both within the defined project area and throughout the Specific Plan are incorporated into the project and connect with future planned linkages in accordance with the Plan. I ` )-fbL�*Ahlw �- Erica H. Demkowi z, AICP Senior Planner Attachments: / � w Elizabeth A. Binsack Director of Community Development A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Planning Commission Minutes of September 27, 2016, and Resolution Nos. 4320 through 4324 E. Written Public Input F. City Council Resolution No. 16-59 (Environmental) G. Ordinance No. 1471 (Development Agreement 2016-001) H. City Council Resolution No. 16-60 (SUB 2016-02/VTTM 18003) 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) J. City Council Resolution No. 16-62 (CUP 2016-01 & CUP 2016-15; Food Hall/Conference Center Alcoholic Beverages/Live Entertainment)