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HomeMy WebLinkAboutPC RES 3921 RESOLUTION NO. 3921 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 16695, TO SUBDIVIDE APPROXIMATELY 111.77 GROSS ACRES INTO TWENTY-NINE (29) NUMBERED LOTS AND FIFTEEN (15) LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 1,006,100 SQUARE FEET OF COMMERCIAL USES WITHIN PLANNING AREAS 16, 17, AND 19 OF THE MCAS-TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Vesting Tentative Tract Map No. 16695 was submitted by the Vestar Development Company/Kimco Tustin L.P. requesting subdivision of an approximately 111.77-acre area owned by the City of Tustin and United States Department of the Navy into twenty-nine (29) numbered lots and fifteen (15) lettered lots for development of 1,006,100 square feet of retail uses within Planning Areas 16, 17, and 19 of the MCAS-Tustin Specific Plan, which are bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east; B. That a public hearing was duly called, noticed, and held for said map on July 12, 2004, and continued to July 26, 2004, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code. 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 site is located in Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan, which is designated for commercial development and, as conditioned, the site will be physically suitable for the type of development that is proposed. Although the project may be phased in accordance with the schedule of performance within Disposition and Development Agreement 04-002, conditions are included to ensure that sufficient horizontal improvements will be constructed to support the vertical improvements in an orderly manner; Resolution No. 3921 VTTM 16695 Page 2 J. K. E. That the applicant will be responsible for the design and construction of certain MCAS Tustin Backbone Infrastructure improvements designated by the City as reasonably necessary to support development of the project through implementation of the conditions of approval and Disposition and Development Agreement (DDA) 04-02, which will be considered by the City Council on July 19, 2004; F. The applicant will be responsible for providing funding towards the project's fair share of the Tustin Legacy Backbone Infrastructure Program pursuant to the Disposition and Development Agreement 04-02 (DDA 04-02), which will be considered by the City Council on July 19, 2004; G. That development of the site may require fee dedications or grants of easements for the provision of infrastructure necessary to support the development; H. That the proposed subdivision is not located within a 1 OO-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; however, the applicant will be required to submit a detailed hydrology study for the entire project and design and construct all necessary drainage facilities to accommodate the 10-year runoff, 25-year runoff, and 100-year peak discharges within and downstream of the project limits to avoid worsening existing drainage conditions at existing off-site storm drains, culverts, and other street crossings, and regional flood control facilities; I. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that the payment of appropriate school fees as adopted by the Tustin Unified School District will be required prior to issuance of building permits in accordance with the City's procedures; That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat in a manner that has not previously been identified by the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR); That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of commercial uses within Planning Areas 16, 17, and 19. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR, no additional Resolution No. 3921 VTTM 16695 Page 3 impacts have been identified, and all applicable mitigation measures in the FEIS/EIR are included in the Mitigation Monitoring Program for the project or as conditions of approval. The Planning Commission has adopted Resolution No. 3919 recommending that the City Council find that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the subdivision. II. The Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract Map 16695 for the subdivision of an approximately 111.77 (gross) acre site into twenty-nine (29) numbered lots and fifteen (15) lettered lots for the purpose of developing 1,006,100 square feet of commercial uses, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 26th day of July, 20 anJ4~-:'-~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3921 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of July, 2004. ~~~~-~ ELIZABETH A. BINS CK - Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 EXHIBIT A VESTING TENTATIVE TRACT MAP 16695 RESOLUTION NO. 3921 CONDITIONS OF APPROVAL Within twenty-four (24) months from tentative map approval or earlier, as may be stipulated in the Tustin Legacy Disposition Development Agreement 04-02, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to the Tustin City Code. Prior to approval of the final map, the developer shall be in compliance with all applicable provisions of DDA 04-02. Approval of Vesting Tentative Tract Map 16695 is contingent upon the applicant 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. As a condition of approval of Vesting Tentative Tract Map 16695, 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 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A Resolution No. 3921 TTM 16695 Page 2 (1 ) 1.4 (1 ) 1.5 (1 ) 1.6 (1 ) 1.7 (1 ) 1.8 (1 ) 1.9 Prior to final map approval by the City Council, the subdivider shall execute a hold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code, unless said agreement or insurance are required and provided under the provisions of DDA 04-02. The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, Disposition and Development Agreement 04-02, the MCAS Tustin Specific Plan and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin. Notwithstanding any conceptual information provided on the project plans, the subdivider shall modify the plans to ensure compliance with all applicable requirements, regulations, and conditions contained herein. All entitlements specified in Resolution Nos. 3920, 3921, 3922, 3923, and 3924 shall not become effective until such time as the City and Vestar Development/Kimco Tustin L.P. have executed Disposition and Development Agreement (DDA) 04-02. All entitlements specified in Resolution Nos. 3920, 3921, 3922, 3923, and 3924 shall become null and void in the case of default by the developer or termination by the City of DDA 04-02, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination, to ensure that development proceeds in an orderly manner as specified in DDA 04-02. Vesting Tentative Tract Map 16695 shall be developed in accordance with Concept Plan 04-001, Design Review 04-010, Conditional Use Permit 04-15, and Variance 04-002 as approved by Resolution Nos. 3920, 3921, 3922, 3923, and 3924 and incorporated herein by reference. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. The DDA 04-02 shall continue in full force and effect without defaults, and all construction and completion of obligations identified in DDA 04-02 shall be satisfied, as applicable, prior to any final map approval. The subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or assessment district for funding of various municipal services and operating expenses associated with Tustin Legacy. Exhibit A Resolution No. 3921 TTM 16695 Page 3 (1 ) (1 ) (1 ) (1 ) 1.10 The subdivider shall execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds as required by the City Engineer prior to recordation of the final map. 1.11 Upon recordation of the final map or issuance of building permits, the applicant shall obtain new addresses for all future buildings from the Engineering Division. 1.12 In addition to the normal full size plan submittal process, all final development 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 are also required shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 1.13 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract to the satisfaction of the City Engineer. GENERAL CONDITIONS FOR ALL INFRASTRUCTURE IMPROVEMENTS The following general conditions apply to Tustin Legacy Backbone Infrastructure improvements, general public improvements, and private on-site improvements, as specified in each condition to ensure coordinated design, construction, and operation of all on and off-site infrastructure and utility systems. (1 ) 2.1 Separate 24" by 36" street improvement plans for all Tustin Legacy Backbone Infrastructure Improvements identified in DDA 04-02 and other public improvements, as prepared by a California Registered Civil Engineer, shall be required for all design and Exhibit A Resolution No. 3921 TTM 16695 Page 4 construction within the public right-of-way. Design of Tustin Legacy Backbone Infrastructure Improvements shall include all plans, specifications, and estimates necessary to conduct a public bid process, and include, but not be limited to, the following: A. B. C. D. E. F. G. H. I. J. K. L. M. Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Signing/striping plan; Street paving; Street lighting; Catch basins, retention/detention facilities, storm drain laterals, or connections to the existing storm drain system; Domestic water facilities; Reclaimed water facilities; Sanitary sewer facilities; Landscape/irrigation; Underground utility connections; and, Traffic signal plan. All public access easements outside of the existing or proposed street rights-of-way shall be clearly shown and labeled on the plans and street sections and design and placement of utilities such as light poles, street furniture, traffic lights, etc. will be subject to design parameters established by the City. In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. All Tustin Legacy Backbone Infrastructure and public improvements shall comply with the City of Tustin General Plan, the MCAS Tustin Specific Plan, City development standards and guidelines, and all conditions contained herein, including, but not limited to, the following: (5) 2.2 A. All driveways shall conform to the City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 210 for commercial driveways. B. The project shall comply with City of Tustin Standard Plan No. 204 for construction of a meandering sidewalk and ADA accessibility requirements for all proposed sidewalk grades on public streets. Exhibit A Resolution No. 3921 TTM 16695 Page 5 (1 ) 2.3 A. C. All landscape setbacks shall be consistent with the City of Tustin MCAS Specific Plan. D. Adequate horizontal and vertical intersection sight lines shall be provided and shown on the grading plan and landscape plan. A minimum 25 foot by 25 foot limited use area triangle shall be provided to ensure adequate sight lines at all driveways and the applicant shall comply with City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 510 for all public and private intersection sight distances and limited use area requirements for the project's streets. E. All commercial driveways, public sidewalks, trails, and pathways shall comply with the provisions of the Federal Americans with Disabilities Act (ADA). F. Current ADA requirements shall be met at the drive aprons. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. Preparation of plans for and construction of the following systems shall be required. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. All sanitary sewer facilities shall be submitted as required by the City Engineer and the Irvine Ranch Water District (IRWD). 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 shall 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 Exhibit A Resolution No. 3921 TTM 16695 Page 6 (1 ) 2.4 (5) 2.5 (1 ) 2.6 (5) 2.7 (1 ) 2.8 shall meet the standards as required by the Irvine Ranch Water District. The project's proposed storm drain system shall incorporate the requirements of the Tustin Legacy Runoff Management Plan (ROMP) developed by the City. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. All storm drains to be constructed within or adjacent to the development shall be designed per the applicable Orange County Flood Control District's (OCFCD) and City of Tustin standards. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. The proposed private and public drainage collection systems shall be designed for a minimum 25-year storm frequency and a 100- year storm frequency for regional facilities. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. The applicant shall provide a 100-year storm drainage study showing the maximum water surface elevations for all locations and a second study showing secondary overflow discharge locations based upon the OCFCD requirement to analyze all grated inlet locations with 100% plugging (per the County's Local Drainage Manual requirements). For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. A detailed hydrology and hydraulic analysis for 25-year and 100- year storm frequencies shall be provided for both the existing and proposed conditions to determine any requirements for on-site storm water retention/detention and facility sizing. The applicant shall also be required to accept upstream storm water that would historically cross the property and detain/retain on the property such upstream water so that the release of said water into downstream regional flood control systems does not exceed Exhibit A Resolution No. 3921 TTM 16695 Page 7 (1 ) (5) (1 ) (1 ) 2.9 historical flow rates or the downstream capacity of such systems. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. The applicant shall be responsible for design and construction of any interim retention facilities on-site that may be needed to retain on-site water from the project, based upon a hydrology and hydraulic analysis. All storm drain improvements shall comply with the City's ROMP. The applicant shall be responsible for retaining on-site water from the project in below grade structures constructed on the project site, unless other interim storm drain water detention facilities attributable to the project are approved by the Director of Public Works, which may include, but would not be limited to, such areas as parking lots, etc., subject to design parameters accepted by the Director of Public Works. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. 2.10 The applicant shall provide written approvals from the OCFCD for any connections to existing OCFCD storm drain system(s) prior to the City approving the proposed storm drain improvements for the project. 2.11 The secondary drainage outlet discharge points for all sump conditions shall be provided and shown on the plans along with any required drainage easements to provide and maintain the secondary drainage outlet(s). For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. 2.12 The size of all public and private storm drain pipes shall be labeled. The minimum storm drain pipe size shall be 18 inch for private storm drains and 24 inch for public storm drains. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, 'specifications, and estimates necessary to conduct a public bid process. Exhibit A Resolution No. 3921 TTM 16695 Page 8 (1 ) (1 ) (1 ) (1 ) (1 ) 2.13 All proposed utilities and storm drain lines shall be labeled as being either private or public, subject to approval by the Public Works Director and applicable utility providers. 2.14 All water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, electrical service, gas service, and other facilities and utilities shall be provided in accordance with the MCAS Tustin Specific Plan, unless otherwise approved by responsible agencies or noted in this resolution. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. 2.15 The minimum grade on gutter flow lines shall be 0.4 percent (including the flow line grades in street tapers and horizontal curves). Cross gutters shall not be permitted ffi at the public street intersections and driveways. 2.16 The applicant shall provide a geotechnical report and Pavement Analysis and Design Report for Barranca Parkway, Warner Avenue, Tustin Ranch Road, and South Loop Road. As required by other conditions contained herein, the applicant shall construct all required street improvements on Barranca Parkway, Tustin Ranch Road, Warner Avenue, and South Loop Road to the current City of Tustin's street standards. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1 ) 2.17 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. 2.18 Preparation and submittal of a final grading plan shall be provided showing all pertinent elevations as they pertain to the public right- of-way along with delineating the following information: A. Final street elevations at key locations; B. Final pad/finished floor elevations and key elevations for all site grading as established by the approved hydrology Exhibit A Resolution No. 3921 TTM 16695 Page 9 report and elevations provided by the Orange County Flood Control District; and, C. All flood hazards of record. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. TUSTIN LEGACY BACKBONE INFRASTRUCTURE IMPROVEMENTS (1 ) 3.1 (1 ) 3.2 (1 ) 3.3 The applicant shall design and construct all Tustin Legacy Backbone Infrastructure Improvements in the first phase of development as identified specifically in and required by DDA 04- 02. These improvements shall be shown on the street improvement plans required by Condition 2.1 of this resolution. The applicant shall design and construct full-width street improvements along Tustin Ranch Road from Barranca Parkway to Warner Avenue including intersection improvements at Von Karman Avenue and Barranca Parkway. The improvements along Tustin Ranch Road shall include a 34-foot median. The applicant is responsible for all necessary right-of-way acquisitions and improvements for the additional right-of-way areas to accommodate the 34-foot median along Tustin Ranch Road, modification of the Barranca Parkway median and landscaping, modification to the south leg of Von Karman Avenue in the City of Irvine, and any necessary improvements to the Barranca Channel for the Tustin Ranch Road crossing and for wetlands mitigation required in the Final EIR/EIS, consistent with DDA 04-02 and Condition 3.16 herein. The applicant shall design and construct the full north-side widening and improvements to Barranca Parkway between Jamboree Road and the future Tustin Ranch Road, including any necessary improvements to the Barranca Channel and its undercrossing of Barranca Parkway in accordance with the City's Run-off Management Plan for Tustin Legacy (ROMP) and all necessary right-of-way improvements adjacent to the property designated as Parcel 9 (the Army Reserve Property), intersection enhancements to the intersection of Barranca Parkway and Jamboree Road required in the Final EIS/EIR, and intersection enhancements to the intersection of Barranca Parkway and Milliken Avenue to serve the Project, consistent with DDA 04-02 and Condition 3.16 herein. Exhibit A Resolution No. 3921 TTM 16695 Page 10 (1 ) 3.4 (1 ) 3.5 (1 ) 3.6 (1 ) 3.7 The applicant shall design and construct the full width improvements of the South Loop Road from Tustin Ranch Road northeasterly to a new extension of Warner Avenue including intersection improvements to the intersection of the South Loop Road and Tustin Ranch Road, the intersection of the South Loop Road and Warner Avenue, and the extension of the South Loop Road north of Warner Avenue to create a new intersection at the on- and off-ramps from the southbound Jamboree Road to Warner Avenue, including any necessary right-of-way acquisition and replacement of private improvements within the affected rights-of- way, and construction of a new driveway on the east side of the South Loop Road to serve the existing Single Room Occupancy (SRO) development in the City of Irvine adjacent to the proposed project, consistent with DDA 04-02 and Condition 3.16 herein. The applicant shall design and construct the full-width improvements of Warner Avenue from its current terminus west of Jamboree Road to Tustin Ranch Road, including obtaining all necessary right-of-way acquisition and improvements in the City of Irvine to accommodate the realignment and widening of existing Warner Avenue and Jamboree Road ramps, consistent with DDA 04-02 and Condition 3.16 herein. The full width improvements of the roadways listed in Conditions 3.2 through 3.5 shall include all master planned systems including the street, bikeways (Class I and Class II), street lighting, traffic signals, bus turn-outs, domestic water lines, gas, storm drainage, telephone, electricity, cable TV, sewage and reclaimed water, telemetry and any necessary telecommunication systems and as shown in the Specific Plan and/or Irvine Ranch Water District Sub Area Master Plan for Tustin Legacy, and/or as approved by the City and responsible private utility purveyors. Intersection enhancements shall include the creation or extension of left-turn lanes, additions or modifications of signal apparatus including loops and interconnects, striping modifications as necessary and restoration of landscape medians, any necessary relocation of Southern California Edison transmission lines within Barranca Parkway medians impacted by left-turn enhancements or median modifications, all of which shall be carried out in accordance with City standards. The applicant shall also include the design and construction of dry utility conduits for future City use in the backbone system throughout the project. The applicant shall design and construct curb and gutter improvements on Jamboree Road adjacent to the project site and design and install landscape improvements in the area behind the Exhibit A Resolution No. 3921 TTM 16695 Page 11 (1 ) (1 ) (1 ) (1 ) (1 ) 3.8 3.9 curb within the public right-of-way area. Sidewalk improvements at the northwest corner of Jamboree Road/Barranca Parkway shall terminate at the north curb return area along Jamboree Road. The applicant shall design and construct traffic signals at the intersections of Barranca Parkway and Tustin Ranch Road, at the intersection of Tustin Ranch Road and South Loop Road, at the intersection of Tustin Ranch Road and Warner Avenue, at the intersection of the South Loop Road and Warner Avenue, at Barranca Parkway and Milliken Avenue, and at the intersection of South Loop Road and the Warner Avenue Ramps at Jamboree Road. Additional traffic signals and measures may be required as determined necessary by the Director of Public Works, which will be Developer requirements, but will not be included in the Tustin Legacy Backbone Infrastructure Program Improvements, consistent with DDA 04-02 and Condition 3.16 herein. The applicant shall design and construct the interim and ultimate Warner Avenue extension from Tustin Ranch Road to east of Construction Circle in the City of Irvine, consistent with DDA 04-02 and Condition 3.16 herein. 3.10 The applicant shall design and construct the 18-inch brine water line in South Loop Road, Warner Avenue, and Tustin Ranch Road in accordance with the IRWD's master plan for the facility, consistent with DDA 04-02 and Condition 3.16 herein. 3.11 The applicant shall design and construct the concrete box culvert for Barranca Channel from west of Tustin Ranch Road to the south side of Barranca Parkway east of Von Karman Avenue at the existing open channel locations and lower the existing Metropolitan Water District 72-inch water main and provide transition structures to the existing open channel (upstream and down stream), consistent with DDA 04-02 and Condition 3.16 herein. The applicant shall be responsible to obtain all necessary permits from all applicable agencies, including but, not limited to: the Orange County Flood Control District (OCFCD), the Army Corps of Engineers, Metropolitan Water District (MWD), etc. 3.12 The applicant shall design and construct the removal and replacement of the existing 72-inch RCP with a minimum 84-inch RCP or hydraulic equivalent in Barranca Parkway from the San Joaquin Channel to the vicinity of Construction Circle in the City of Irvine, consistent with DDA 04-02 and Condition 3.16 herein. Exhibit A Resolution No. 3921 TTM 16695 Page 12 (1 ) (1 ) (1 ) (***) 3.13 The applicant shall design and construct the minimum 114-inch RCP or hydraulic equivalent in Warner Avenue as shown in the Tustin Legacy Runoff Management Plan (ROMP). 3.14 Prior to approval of the final map or issuance of permits, the applicant shall provide security for the estimated Tustin Legacy Backbone Infrastructure Improvement costs. The applicant may provide the following forms of security: letter of credit, surety bond, or cash deposit as identified in DDA 04-02. 3.15 The applicant shall design and construct all transitional components of the Tustin Legacy Backbone Infrastructure Program that are determined by the City, in its sole discretion, to be necessary to construct and operate the project, protect the public health and safety and/or ensure logical and orderly future phasing of Tustin Legacy Backbone Infrastructure, which are to be connected to the applicant's backbone improvements, consistent with DDA 04-02 and Condition 3.16 herein, including, but not limited to, such items as roadway striping and signing and modifications to traffic signals, curbs and gutters, and medians. 3.16 In the event that City of Irvine approvals or property owner acquisition approvals within the City of Irvine cannot be obtained after a good faith effort by the applicant, as determined by the City, an alternative design shall be required. Such alternative design shall be subject to review and approval by the Tustin Director of Public Works and shall be designed and completed by the applicant within the timeframes for construction required by the Tustin Director of Public Works and the Final EIS/EIR, provided that so long as the applicant has received and complied with all City entitlement approvals, the failure of the applicant to secure City of Irvine approvals or approvals of affected property owners in the City of Irvine for the street widening design shall not affect the applicant's ability to secure from the City required permit approvals for the project, including but not limited to, site and building permits, inspections, and Certificates of Use and Occupancy for the project. PUBLIC AND PRIVATE INFRASTRUTURE IMPROVEMENTS (1 ) 4.1 Storm drain improvements shall include the construction of the San Joaquin storm drain at a capacity and in a location approved by the Tustin Director of Public Works. The applicant shall identify how storm water is being redirected from the San Joaquin Channel (F06P06) to the proposed location. The applicant shall obtain the necessary approvals and permits from the applicable regional Exhibit A Resolution No. 3921 TTM 16695 Page 13 (1 ) 4.2 (5) 4.3 (3) 4.4 resource agencies for work within the respective agencies to relocate the San Joaquin Channel. Design and construction of facilities replacing the San Joaquin Channel shall be constructed in the first phase of development as identified in DDA 04-02. Traffic signals and control devices for South Loop Road (public) and Milliken Drive (private) shall be designed and installed as identified in the approved traffic analysis for the project. Installation of these improvements shall be completed within the first phase of development as identified in DDA 04-02. Prior to approval of the final map, the subdivider shall be required to execute bonds or pay fees for horizontal and vertical public infrastructure improvements. Prior to the issuance of precise grading permits, infrastructure construction plans, as prepared by a California Registered Civil Engineer, shall be required for all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3922 and DDA 04-02 and 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," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks and pathways shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; D. Signing/striping plan; 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; Exhibit A Resolution No. 3921 TTM 16695 Page 14 H. I. J. K. L. (3) 4.5 F. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the Orange County Flood Control District; G. Domestic water facilities and reclaimed water facilities: The 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 the 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 (IRWD); Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Irvine Ranch Water District (IRWD). These facilities shall be consistent with the standards of the Irvine Ranch Water District; Underground utility connections: All utility lines shall be placed underground by the developer; Fire hydrants; Demolition/removal of utilities in accordance with the demolition/severance plan required by other Conditions 2.1., 2.2 and 2.3 of Resolution No. 3922; 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; and, Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, shall be required for the following private improvements: A. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern California Edison; Exhibit A Resolution No. 3921 TTM 16695 Page 15 B. C. Landscape/irrigation; Trash facilities; the applicant shall provide commercial trash collection and obtain approval from the Engineering Division for the location, size, and trash enclosures. COORDINATION WITH AFFECTED AGENCIES (1 ) 5.1 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. B. The applicant shall obtain permission from affected property owners for any work located on adjacent properties or LlFOC parcels, including the Army Reserve and Department of Navy. The applicant shall request permission or approvals from the Army Reserve and Department of Navy through the City of Tustin and ensure that a City representative is present during all meetings and discussions with Department of Navy or Army Reserve personnel. C. The applicant shall obtain all approvals and permits from the applicable municipal agencies for work within the agencies' City limits. All infrastructure improvements in the City of Irvine shall be coordinated with the City of Irvine and shall comply with Irvine's applicable standards. D. The applicant shall obtain all approvals and permits from the applicable Regional Resource Agencies including, but not limited to: the Orange County Flood Control District (OCFCD), the Army Corps of Engineers, the California Department of Fish and Game, the California Regional Water Quality Control Board, etc. for work within the open channels. E. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. Exhibit A Resolution No. 3921 TTM 16695 Page 16 (1 ) 5.2 The applicant shall obtain written approval and/or permits from the applicable utility companies. The applicant shall coordinate the design and construction of all the dry utilities with the Master Developer and the utility providers. Separate plans shall be prepared for any Tustin Legacy Backbone Improvements as noted in Condition 2.2 herein and localized improvements. The applicant shall also include the design and construction of dry utility conduits for future City use in the backbone system throughout the project. F. DEDICA TIONS/RESERV A TIONS/EASEMENTS (5) 6.1 (1 ) 6.2 (1 ) 6.3 (1 ) 6.4 CC&RS (1 ) 7.1 Upon the Department of Navy's release of the Lease In Furtherance of Conveyance (LiFOC) parcels, the applicant shall process the necessary documents to remove and/or merge lots, consistent with the parcel groupings in DDA 04-02 identified for conveyance. The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. The locations and dimensions of all existing and proposed easements shall be shown on the plans. All storm drain and utility easement widths shall be dimensioned and labeled on the map. Reciprocal ingress and egress, parking, and pedestrian access shall be provided between all lots. The applicant shall be required to enter into a landscape maintenance agreement with the City of Tustin for all parkway improvements within public rights-of-way. Prior to City approval of the first final map pursuant to DDA 04-02, the applicant shall prepare a Declaration of Covenants, Conditions, and Restrictions in form and content satisfactory to City that restricts the use of the property to the uses described in Disposition and Development Agreement 04-02 between the City of Tustin and Vestar Development Company, which is incorporated in full herein by this reference and requires the applicant, its successors or assigns to comply with all provisions of DDA 04-02 Exhibit A Resolution No. 3921 TTM 16695 Page 17 until a Notice of Completion, as defined in DDA 04-02, has been issued. The Declaration shall be recorded against all the real property covered by the Tentative Tract Map. The City shall be named as a party entitled to enforce the Declaration. The organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&Rs shall include, but not be limited to, the above use restrictions and the following provisions: A. All applicable requirements of DDA 04-02. B. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. C. Provisions for reciprocal ingress and egress, parking, and pedestrian access shall be provided between all lots. D. Provisions for effective establishment, operation, management, use, repair, and maintenance of all exterior areas and facilities, including landscaped areas, private and public walkways and hardscape, parking areas, and drive aisles. E. Design guidelines shall be established so that architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, signs, accessory structures such as trash enclosures, service areas, outdoor furniture, and exterior mechanical equipment, consistent with the Tustin City Code and the MCAS Tustin Specific Plan. E. Maintenance standards shall be provided. Minimum maintenance standards shall be included, as shown below. 1. All landscaping materials shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so Exhibit A Resolution No. 3921 TTM 16695 Page 18 F. G. I. J. 2. they do not impede vehicular or pedestrian traffic. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. All private roadways, drive aisles, and sidewalks shall be maintained so that they are safe for users. Significant pavement cracks; pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. All private areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. 3. Property management association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. All utility services serving the site shall be installed and maintained underground. The property management association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. No amendment to alter, modify, terminate, or change the association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. ENVIRONMENTAL MITIGATION (1 ) 8.1 All mitigation measures related to the tentative tract map required by the adopted Mitigation Monitoring Program for the MCAS Tustin Exhibit A Resolution No. 3921 TIM 16695 Page 19 FEES (1) 9.1 (1) 9.2 Reuse Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring Program for the project, identified in this exhibit, in other project entitlements, or in DDA 04-02, shall be implemented. The following measures that are not listed otherwise as conditions of approval shall be implemented: A. Prior to issuance of building permits for phased projects, the project developer shall submit a construction phasing plan to the OCFA demonstrating that emergency vehicle access is adequate. B. Based on consultations with CDFG, City of Tustin, or project proponent as applicable, an off-site relocation site for southwestern pond turtles captured on-site shall be identified that is as close to the reuse plan area as possible, and that is sustainable in perpetuity. (No appropriate habitat in the City of Tustin is available for relocation.) Potential relocation sites include, but are not limited to, an old pond (currently thought dry) located in upper Shady Canyon within the Orange County Nature Preserve that could be improved or restored to serve as a relocation site; or San Joaquin Marsh, which is managed by UC Irvine, Irvine Ranch, and the Orange County Water District. Some property owners and public agencies may be adverse to the relocation of species of special concern onto their property or jurisdiction, and it would be speculative to identify actual sites prior to completion of consultation with CDFG and with potential property owners and/or appropriate public agencies. C. Permits from the CDFG shall be obtained for live capture of the turtles and for transporting them to the relocation site. D. An agreement shall be negotiated with the CDFG, City of Tustin, project proponent, or other agency or organization as appropriate, for contribution of funds to improve, restore, or create the relocation site as turtle habitat. Prior to final map approval, the applicant shall submit Tustin Legacy Backbone Infrastructure Program fees as required by DDA 04-02. The applicant shall submit fees for the review of the draft covenants, conditions, and restrictions in accordance with the most recently adopted fee schedule. Exhibit A Resolution No. 3921 TTM 16695 Page 20 (1 ) 9.3 The applicant shall all pay fees required pursuant to City and outside agency requirements as identified in Resolution No. 3922. (1 ) 9.4 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) 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.