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HomeMy WebLinkAboutPC RES 3922 RESOLUTION NO. 3922 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 04-010 AUTHORIZING THE DEVELOPMENT OF 1,006,100 SQUARE FEET OF COMMERCIAL USES ON A 111.77-ACRE (GROSS) SITE 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 Design Review 04-010 was submitted by the Vestar Development Company/Kimco Tustin loP. for development of 1,006,100 square feet of commercial uses on a 111.77-acre (gross) site within Planning Areas 16,17, and 19 of the MCAS-Tustin Specific Plan; B. That the Planning Commission considered Design Review 04-010 during a regularly scheduled meeting on July 26, 2004; C. That the proposed project is consistent with the "MCAS-Tustin Specific Plan" land use designation of the Tustin General Plan, which provides for a variety of development opportunities in accordance with the MCAS Tustin Specific Plan. 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. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. 2. 3. 4. 5. 6. Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. Location and appearance of equipment located outside an enclosed structure. 7. 8. 9. Resolution No. 3922 Page 2 13. 14. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and criteria as adopted by the City Council. 10. 11. 12. In addition, as conditioned, the applicant would be required to submit detailed Design Review Guidelines for review and approval of the City Manager's Office, or respective City representative, and the Community Development Department to ensure that the style, features, amenities, materials, and colors of the project are of high quality. As required by Resolution No. 3921, these guidelines will become part of the covenant, conditions, and restrictions for the project. E. That the applicant has requested approval of Vesting Tentative Tract Map 16695, Concept Plan 04-001, Conditional Use Permit 04-015, and Variance 04-002 in conjunction with the application for Design Review 04-010, and findings and conditions of approval related to dedication of necessary right- of-way and provision of necessary infrastructure improvements have been included in Resolution No. 3921. F. The proposed development meets all required development standards for commercial development, except for the maximum building height of and minimum building setback for the movie theater, as addressed by Resolution No. 3924. As conditioned, if the Planning Commission does not approve or modifies Resolution No. 3924, the applicant would be required to comply with the maximum building height and minimum building setback requirements for Planning Area 19. G. 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 and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included in the Mitigation Monitoring Program or as conditions of approval. The Planning Commission has adopted Resolution No. 3919 finding that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the design and construction for the development of 1,006,100 square feet of commercial uses. Resolution No. 3922 Page 3 II. The Planning Commission hereby approves Design Review 04-010 for development of 1,006,100 square feet of commercial uses on a 111.77-acre (gross) parcel within Planning Areas 16, 17, and 19 of the MCAS-Tustin Specific Plan, 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 12th day of July, 2004. a~/ ~ ~ 4L"-/: 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. 3922 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of July, 2004. ¿;t~¿(.~ ~J Elizabeth A. Binsaék Planning Commission Secretary GENERAL (1) 1.1 (1 ) 1.2 (1 ) 1.3 EXHIBIT A DESIGN REVIEW 04-010 RESOLUTION NO. 3922 CONDITIONS OF APPROVAL The proposed project shall conform with the submitted plans for the project date stamped July 26, 2004, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit and City review required pursuant to Section 8 of the Disposition and Development Agreement (DDA) 04-002. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, other applicable codes, and all requirements of the DDA 04-02, including proprietary review rights by the City Approval of Design Review 04-010 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 Design Review 04-010, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. 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. 3922 Page 2 (1 ) 1.4 (1 ) 1.5 (1 ) 1.6 (1 ) 1.7 (5) 1.8 (5) Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department and City review required pursuant to DDA 04- 02. Implementation of conditions may be phased at the discretion of the Community Development Director in accordance with the phasing provisions in DDA 04-02. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department and City review required pursuant to DDA 04- 02. Implementation of conditions may be phased at the discretion of the Community Development Director in accordance with the phasing provisions in DDA 04-02. 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 loP. 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. All time extensions may be considered if a written request is submitted within thirty (30) days prior to expiration and processed in accordance with the provisions of DDA 04-02. The development of the project described in Design Review 04-010 shall be in accordance with Concept Plan 04-001, Vesting Tentative Tract Map 16695, Conditional Use Permit 04-015, and Variance 04-002 approved by Resolution Nos. 3919, 3920, 3922, 3923, and 3924 which are incorporated herein by reference and as though fully set forth in DDA 04- 02. Notwithstanding any conceptual information provided on the project plans, the applicant shall modify the plans to ensure compliance with all applicable requirements, regulations, and conditions contained herein. This development is subject to the applicant's fulfillment of all provisions of DDA 04-02. 1.9 A performance bond shall be required to assure work is completed in accordance with approved plans for private horizontal and vertical improvements as identified in DDA 04-02 prior to precise grading and building permit issuance. The engineer's estimated cost of all vertical and Exhibit A Resolution No. 3922 Page 3 horizontal improvements as defined in DDA 04-02 shall be submitted to the Building Official and the City pursuant to DDA 04-02 for determination of the bond amount for work directly related to each permit. Said bond shall be only reduced or relieved upon approval of the City Manager's Office, or respective City representative, and in accordance with provisions of DDA 04-02. DEMOLITION/SEVERANCE PLAN (1 ) 2.1 (1 ) 2.2 (1 ) 2.3 A demolition and severance plan shall be submitted for review and approval by the City Manager's Office, or respective City representative, Public Works Department, and Building Division. The plan shall include provisions for the developer to manage the removal of any asbestos and lead-based paint from the site as stipulated in the deed (Navy FOST #2 and #3, and FOSL #2 and #3) for the property and identify and clearly note the limit of removal for all items on the plan, identify any underground tank removal. Prior to issuance of a demolition permit, approval of the Orange County Fire Authority shall be obtained, and approval by the Department of Navy for all work in the Lease In Furtherance Of Conveyance (LiFOC) parcels shall be obtained. If the demolition and severance plan required by Condition 2.1 includes building and utility improvements that are proposed across or within sites that are located within property currently owned by the Department of Navy and leased to the City of Tustin as a Lease in Furtherance of Conveyance (LlFOC), the applicant shall obtain written Navy approval prior to implementing any improvements at the site. Existing Navy monitoring wells and easements in these areas shall be shown on the plans. The applicant shall be responsible for ensuring all discussions, meetings, and approvals with the Department of the Navy are coordinated through the City of Tustin. The demolition and severance plan required by Condition 2.1 shall provide for continued utility service to the Army Reserve site. The applicant shall submit written approval from the Army Reserve for all modifications to systems or existing facilities on the Army Reserve site pursuant to the provisions of the Agreement between the City and Department of the Army. The applicant shall be responsible for ensuring all discussions, meetings, and approvals with the Department of the Army are coordinated through the City of Tustin. Exhibit A Resolution No. 3922 Page 4 GRADING PLAN SUBMITTAL (3) 3.1 (3) 3.2 (3) 3.3 (3) 3.4 (3) 3.5 (1 ) 3.6 Four (4) sets of final grading plans that are consistent with the site and landscaping plans and prepared by a registered civil engineer shall be submitted and include the following: A. A detailed, scaled, and dimensioned site plan; all legal and assumed property lines and building setbacks shall be shown clearly on plan sheets, existing and proposed easements. B. Technical details and plans for all utility installations including telephone, gas, water, and electricity; Three (3) copies of precise soil report provided by a civil engineer; on-site improvements shall be handled on-site and shall not be permitted to drain onto adjacent properties; Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards; and, Two (2) copies of the hydrology report. C. D. E. The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of building permit. The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. All private streets, drive aisles, curbs, and gutters shall be constructed per the City of Tustin Construction Standards for Private Streets, Storm Drain, and Private Improvements. Prior to the issuance of any grading permits at the site, pursuant to the Agreement between the City of Tustin and Orange County Flood Control District (OCFCD), a Master Storm Runoff Management Plan is required to be completed and approved by OCFCD. WATER QUALITY (3) 4.1 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Exhibit A Resolution No. 3922 Page 5 (3) 4.2 (3) 4.3 (3) 4.4 Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NO I) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. Discharges of material other than storm water are allowed only when necessary for performance and completion of construction Exhibit A Resolution No. 3922 Page 6 practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. C. Potential pollutants include, but are not limited to solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. During construction, disposal of such materials should occur in a specified and controlled temporary area on site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. DRAINAGE FACILITIES (1 ) 5.1 (1) 5.2 (1) 5.3 (1) 5.4 (1) 5.5 All public and private drainage facilities shall be coordinated and all requirements of Resolution No. 3921 related to hydrology and drainage shall be incorporated herein by reference. Drainage flow lines in all driveways and roadways shall be shown on a storm drain plan. Catch basin placement at all street tapers shall be evaluated and reconfigured, if necessary, to eliminate trapped water conditions. All roadway drainage shall be relocated to drain low points out of street intersections. The applicant shall execute an agreement, subject to approval of the City's Special Counsel, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants from any loss, damage, claims, costs, and expenses related to flooding or drainage due to Exhibit A Resolution No. 3922 Page 7 flooding, until such time as improvements to the Peters Canyon Channel are completed, per the Orange County Flood Control District (OCFCD) Agreement amendment, dated June 8, 2004. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1 ) 6.1 (1 ) 6.2 (1 ) 6.3 An encroachment permit and/or approval shall be obtained from the County of Orange for any work within Orange County Flood Control's present or future right-of-way. Any damage done to existing public street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any lot within the subdivision. No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer and/or Building Official. BUILDING PLAN SUBMITTAL (3) 7.1 At the time of building permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: A. A detailed, scaled, and dimensioned site plan; all legal and assumed property lines and building setbacks shall be shown clearly on plan sheets and all existing and proposed easements shall be shown on all plan sheets. All proposed easements shall be accepted by the City of Tustin and recorded prior to issuance of the applicable permit. B. Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. C. Two (2) copies of structural calculations. D. Two (2) copies of Title 24 energy calculations. E. Elevations that include all proposed dimensions, materials, colors, finishes. Exhibit A Resolution No. 3922 Page 8 (3) 7.2 F. One (1) copy of the Geotechnical report, the recommendation of the report shall be included on the building plans. G. Roof material shall be fire-rated class "B" or better. H. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building and all exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." I. The location of any utility vents or other equipment shall be provided on the roof plan and the location of any wall or ground- mounted equipment shall be shown on the site plan; aboveground utility boxes shall not interfere with line of sight for parking lot traffic circulation. J. Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained at the height six (6) inches below the parapet so as not to be visible from the public right-of-way, including elevated portions of Jamboree Road. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal subject to the approval of Community Development Department Director. K. A noise analysis for interior and exterior noise levels to ensure compliance with State requirements and the Tustin General Plan and Tustin City Code. lo Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. An area analysis shall be provided for all buildings and demonstrate compliance with allowable floor areas based on the 2001 California Building Code, Chapter 5, Table 5-B. With respect to Major 6 on Lot 18 and Major 12 Exhibit A Resolution No. 3922 Page 9 (3) (3) (3) (3) (3) (3) (3) (3) on Lot 20, if the buildings require a sixty (60) foot separation per 2001 CBC Section 505.2, a sixty (60) foot wide "No Build" easement shall be recorded between the two (2) buildings prior to the issuance of the first building permit for either Major 6 or 12. 7.3 The building use and occupant load shall be defined on the plans in compliance with the Table 3-A of the 2001 CBC. The analysis on sheet A- 0.0 shall be revised to eliminate any drafting or analysis errors for Major 11, Shops 1, 2, and any pad to be used as a restaurant. Dining rooms with an occupant load of 50 or more shall be considered an A-3 occupancy per Table 3-A 2001 CBC. Assembly rooms with an occupant load of 300 or more shall be considered an A2.1 occupancy per Table 3-A of the CBC. 7.4 All exiting and number of exits shall comply with Table 210-A, B, C, D, and E, and Section 1004.2.3.4 of the 2001 CBC. All exists shall comply with requirements of Title 24 Handicap Accessibility Code, unless otherwise allowed by the Building Official. 7.5 All glazing in doors and windows, in or adjacent to doors, shall be tempered per 2001 California Building Code Section 2406.4. 7.6 The building plan check plans shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. 7.7 The building plan check plans shall indicate vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones are accessible to persons with disabilities. 7.8 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area.( Table 11 B-6 of 2001 CBC) 7.9 The typical parking stalls for disabled persons shall be twenty (20) feet by nine (9) feet. Handicap spaces shall be placed as close as possible to the main entrance of the buildings and distributed equally among the buildings. 7.10 Adequate size trash enclosures with solid metal, self-closing, self-latching gates shall be provided and coordinate with Condition 11.2, which requires tenant recycling facilities and programs. Said enclosures shall be screened Exhibit A Resolution No. 3922 Page 10 (1 ) (3) (3) (3) by a solid decorative wall consistent with the adjacent building's material and finish and be of a minimum height of six (6) feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of the bin, size, and quantity shall be reviewed and accepted in writing by Federal Disposal Services. 7.11 The developer shall coordinate with the Tustin Police Department to ensure that any necessary security provisions that will need to be incorporated into the buildings or site are incorporated into the plans and can be implemented during operation. 7.12 Information shall be submitted to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. 7.13 Prior to permit issuance, approvals, clearances, or permits may be required from the following agencies: Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health, Irvine Ranch Water District. 7.14 A note shall be provided on final plans that a six (6) foot tall chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. ARCHITECTURE & SITE DESIGN (4) 8.1 Design review guidelines shall be submitted in conjunction with the draft covenants, conditions, and restrictions required by Resolution No. 3921 for proprietary review and approval by the City Manager's Office, or his respective City representative, and governmental review and approval by the Community Development Department prior to recordation of the final map The guidelines shall incorporate the provisions of Section 2.17 of the MCAS Tustin Specific Plan and set forth specifications for project design, architectural styles and features, materials, textures, colors, and site amenities to ensure a high level of quality in design and provide for distinct and cohesive architectural and site design, features and treatments, as well as harmony with adjacent landscaping. The applicant shall adhere to the guidelines, once approved, in developing construction level plans and the City shall use the guidelines in reviewing the plans to be submitted at Exhibit A Resolution No. 3922 Page 11 A. B. C. D. J. plan check. At a minimum, the design guidelines shall have, at a minimum, the following elements: E. General intent of guidelines; Principles which shall guide design; Framework; Building character, including architectural styles, storefronts and arcades, roof forms and screening (Le. mechanical and service areas), features, materials, textures, and colors; Design review and property owner association process for modifications; Pedestrian and parking lot linkages; Limits on height of structures and lot coverages; Parcel sizes; Minimum site building placement and orientation to streets and parking areas, and setbacks; Buffering requirements, including berms, masonry walls, and landscaping; Site lighting, including regulations ensuring that exterior lighting does not negatively impact surrounding property; Mail facilities; Service areas; and, Minimum on-site landscaping requirements, including landscape setbacks, parking lot landscaping, building landscaping, and landscaping palette. F. G. H. I. K. lo M. N. A detailed material and color board shall be submitted in conjunction with construction plans and all exterior treatments shown on the board shall be keyed to and noted on the construction plans and elevations, subject to review and approval by the City Manager's Office, or respective City representative, and Community Development Department. (4) 8.2 To ensure the exterior materials, texture, and colors are acceptable at installation, the applicant shall apply an initial portion of each material, texture, and color to either a portion of a building or mock-up in the field for review and approval by the City Manager's Office, or respective City representative, and the Community Development Department. (4) 8.3 (4) 8.4 The architectural plans shall incorporate the following provisions: A. All exposed metal flashing or trim shall be painted to match the building. Exhibit A Resolution No. 3922 Page 12 (4) 8.5 (4) 8.6 (4) 8.7 (4) 8.8 (4) 8.9 (4) B. No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. C. Details and specifications for all window types, treatments, and exterior doors shall be included in the architectural plans. All wall- and ground-mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. D. All utility designs within the public right-of-way shall be subject to design parameters established by the City (design and placement of items such as SCE light poles, street furniture, traffic lights, landscaping and parkway treatments, etc) and the private utilities shall complement the utilities within the public right-of-way. The applicant shall comply with the design and development guidelines in the MCAS Tustin Specific Plan and shall coordinate development of the project with additional design parameters determined by City in connection with development of the remainder of Tustin Legacy, but the foregoing shall not require alteration of design after approval by City of approved project plans per DDA 04-02. The applicant shall submit an exhibit showing the location and specifications for all meter pedestals and aboveground equipment adjacent to Barranca Parkway, Tustin Ranch Road, South Loop Road and Warner Avenue and in the interior of the site. All equipment shall be located in less visible areas and landscaping screening shall be provided to ensure that these facilities are screened aesthetically. Equipment shall not obstruct driver visibility. Details on paving materials for all vehicular and pedestrian circulation areas as well as any special pavement treatment within the public right-of- way shall be submitted for review and approved by the Community Development and Public Works Departments. Dimensions shall be provided on plans for all drive aisles and parking stalls consistent with the Parking Lot Design Guidelines. Details for striping for spaces or marking detail and signage for disabled spaces shall be provided. 8.10 Details on all traffic directional signage shall be provided. Exhibit A Resolution No. 3922 Page 13 (4) (1 ) (4) (4) (4) 8.11 A Parking Zone sheet consistent with the parking analysis shall be included on the site plan. 8.12 Prior to the issuance of precise grading permits, details for the valet area shall be shown on the site plan directly to the west of Shops 3 and 9 and operational information (Le. vehicle movements, staging areas, drop-off area hours of operation, business owner/operator information, etc.) shall be provided for review and approval by the Public Works and Community Development Departments and the Orange County Fire Authority (OCFA). 8.13 A six (6) inch raised concrete continuous curb shall be installed around parking lot landscaping areas. 8.14 The location of mail facilities shall be identified on the site plan and the design specification shall be incorporated into the Design Guidelines document. 8.15 Prior to any grading or building permit issuance, the scope of work for design and construction of ingress and egress to the Army Reserve property (Reuse Plan Disposition Parcel 9) from the future Tustin Ranch Road between Barranca Parkway and the northerly boundary of the Army Reserve Parcel, an access location modified along Barranca Parkway, and landscaping improvements along Tustin Ranch Road and Barranca Parkway and relocation of facilities (fencing, signs, flagpole and electrical service, including any and all necessary alterations to utilities, facilities on the Army Reserve site, in accordance with Section 5.6.2 of the ENA and the Agreement between the Army Reserve and the City) shall be submitted to the City and Army Reserve for written review and approval. The scope of work and construction documents shall be approved in writing by the Army Reserve. In addition, the Army Reserve driveway on Tustin Ranch Road shall be relocated to a minimum of 300 feet north of the curb return (ECR). A representative from the City of Tustin shall be in attendance at all meetings between the developer and the Army Reserve. LAN DSCAPI NG/HARDSCAP E/STRE ETSCAP E (1 ) 9.1 Prior to issuance of building permits for building improvements on the same lot or site, complete detailed landscaping and irrigation plans shall be submitted for review and approval of the Community Development that are consistent with the submitted conceptual landscaping plans, comply with the City's Landscaping and Irrigation Guidelines and the MCAS Tustin Specific Plan, and implement all conditions of approval related to landscape and hardscape design. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided in conjunction with street improvement Exhibit A Resolution No. 3922 Page 14 (1 ) 9.2 plans required by Resolution No. 3921, which include all plans, specifications, and estimates necessary to conduct a public bid process. At a minimum, the plans shall include the following: A. A summary table identifying the botanical and common names, sizes, spacing, location, and quantity of all plant materials. A combination of groundcovers, shrubs, and trees shall be provided as follows and as specified in other conditions herein: . Turf shall be unacceptable for grades over 25 percent. . Ground cover shall be planted eight (8) to twelve (12) inches on center. . Shrubs shall be a minimum of fifteen (15) gallon size and shall be placed a maximum of five (5) feet on center. . Trees in the landscape setbacks adjacent to public rights-of- way shall be provided in a minimum of 24-inch box size to ensure initìal maturity along project perimeter. B. Details for planting and berming, soil preparation, staking, etc. c. Sight distance triangles at driveway and roadway intersections. D. Details and specifications for all hardscape elements, including paving, planters, outdoor furniture, bollards, etc. Samples of all decorative hardscape materials shall be submitted concurrently and indexed to the plans for review and approval of the Community Development Department. E. Details for all aboveground equipment locations and methods for effective screening with walls, vines, and/or trees. All cabinets shall comply with the City's regulations for aboveground cabinets. F. Location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment including efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems shall be used to increase irrigation efficiency. The applicant shall comply with the design and development guidelines in the MCAS Tustin Specific Plan and shall coordinate development of the Exhibit A Resolution No. 3922 Page 15 project with additional design parameters determined by the City in connection with development of the remainder of Tustin Legacy, but the foregoing shall not require alteration of the design after approval by the City of the approved project plans per DDA 04-02. The landscape and irrigation plans required by Condition 9.1 shall include special streetscape design plans for the following roadway segments: A. Special streetscape designs shall be provided for the entry segment of Tustin Ranch Road between Barranca Parkway and South Loop Road and the entry segment of Warner Avenue between South Loop Road and Tustin Ranch Road in accordance with Section 2.17.2.B of the MCAS Tustin Specific Plan. The design shall focus and enhance the view into Tustin Legacy with the formal placement of plant material to create a sense of arrival. Upright formal planting schemes shall be used and an accent tree shall be used at the intersection of Tustin Ranch Road and Barranca Parkway. The applicant shall coordinate the streetscape design of Tustin Ranch Road with the Master Developer. Within the private area behind the public right-of-way, an effective combination of berming, shrubs, and trees shall be provided to screen the rear of buildings and utility areas. B. A special streetscape design shall be provided for Tustin Ranch Road between South Loop Road and Warner Avenue in accordance with Section 2.17.2.B of the MCAS Tustin Specific Plan that includes an informal planting concept with dense planting. Within the private area behind the public right-of-way, an effective combination of berming, shrubs, and trees shall be provided to screen the rear of buildings and utility areas. C. A special streetscape design shall be provided for the South Loop Road between Warner Avenue and Tustin Ranch Road in accordance with Section 2.17.2.B that includes a large canopy, flowering deciduous tree that will provide shade and visual interest for pedestrians. As shown on the conceptual landscape plan, approximately five (5) trees for every 100 lineal feet shall be provided. Within the private area behind the public right-of-way, the design shall include an effective combination of low walls or landscaping to discourage mid-block pedestrian crossings from the parking lot to the lifestyle center. D. Special streetscape design shall be provided for Barranca Parkway between Jamboree Road and Tustin Ranch Road in accordance with Section 2.17.2.C that includes a pattern of small broad dome trees and upright vertical trees. Within the private area behind the Exhibit A Resolution No. 3922 Page 16 (4) 9.3 public right-of-way, an effective combination of shrubs and trees shall be provided to screen the rear of buildings and utility areas. E. A special streetscape design shall be provided for the main entrance road at Milliken Avenue between Barranca Parkway and South Loop Road. The design shall include an effective combination of low walls or landscaping to discourage mid-block pedestrian crossings from the parking lot to the lifestyle center. The landscape and irrigation plans required by Condition 9. 1 shall: A. Address the eastern edge of the project on private property and in the parkway on public right-of-way along Jamboree Road (uJamboree Road Edge"), which shall be enhanced with a minimum of thirty-six inch tall berming and planted with an effective screen of landscaping materials, including groundcovers, shrubs, and tall evergreen trees. In addition, accent trees such as date palms or fan palms shall be installed on private property in a repeating pattern adjacent to the Jamboree Road right-of-way at a maximum spacing of one (1) tree every twenty-five (25) feet to achieve the aesthetic effect shown on the submitted Jamboree Road streetscape photo simulation and comply with Section 2.17.1 of the MCAS Tustin Specific Plan; B. Include an effective combination of landscaping and decorative fencing to screen the area along the project's edge along the northerly and easterly boundary of the Army Reserve Site; C. Include the treatment for the primary community entry at Tustin Ranch Road and South Loop Road and secondary entries at Warner Avenue and South Loop Road and Barranca Parkway and Milliken Avenue. These entries shall include landscape and hardscape treatments consistent with Figure 2-18 of the MCAS Tustin Specific Plan; D. Include a detailed plan for the portal intersection at the corner of Jamboree Road and Barranca Parkway. The treatment shall be located entirely outside of the public right-of-way and shall include a water feature and portal intersection accent trees. At a minimum, the water feature shall include a cascading fountain that is clearly visible to passing motorists with accent lighting to create special nighttime effects. The final design of the water feature and portal shall be approved by the City Manager's Office, or his respective City representative, and the Community Development Department; Exhibit A Resolution No. 3922 Page 17 (1 ) 9.4 E. Demonstrate the palm tree (date palm species) court at the intersection of Milliken Avenue and South Loop Road includes a minimum of 24-inch box trees spaced a maximum of twenty-five (25) feet on center. No trees shall obstruct parking spaces or pedestrian walkways; F. Demonstrate that a double row of palm trees are provided in front of all mid-size majors and large majors. The palm tree rows shall include a minimum of 24-inch box trees spaced a maximum of twenty-five (25) feet on center; G. Demonstrate that an effective combination of screening materials along the east side of fueling station is provided; H. Demonstrate that additional landscaping planters shall be located in front of and adjacent to buildings to soften exposed walls and enhance the appearance of the project; I. Demonstrate that decorative paving materials, in combination with additional landscaping throughout the site, will effectively reduce the visual mass of the concrete proposed to cover a major portion of the property. Material samples proposed for entry pavement treatment shall be provided at building plan check submittal; J. Include details for the interior of the lifestyle center; K. Demonstrate that the section views clearly indicate that a minimum of 36-inch berming or opaque screening is provided to screen views of parking areas in accordance with Section 3.11.12 of the MCAS Tustin Specific Plan; lo Demonstrate that a significant canopy of broad dome trees is provided within all parking areas within planters or tree diamonds between parking spaces. Trees shall be provided at the end of each parking bay and shall be spaced a minimum of one (1) every five (5) parking spaces; and, M. Demonstrate that landscaping at driveway entrances located between buildings "Major 6," "Major 12," and "Major 10" is enhanced with additional landscaping treatments. Details on the location and design for all trash enclosures shall be provided. Enclosures shall not be located in main parking bays but in service areas associated with individual tenants. Any enclosures shall be screened with sold masonry walls and solid metal gates with details on Exhibit A Resolution No. 3922 Page 18 (1 ) 9.5 (1 ) 9.6 (1 ) 9.7 (1) 9.8 (1 ) 9.9 LIGHTING gate attachments provided. The design, materials, and colors of the enclosure shall be compatible with the architectural details of adjacent buildings. Prior to issuance of grading permits, a landscape maintenance agreement shall be executed by the developer for maintenance of sidewalk, parkway, and landscape areas within the public right-of-way. All landscape and hardscape materials to be located on a private development lot shall be installed prior to issuance of a Certificate of Occupancy for the first building on the lot. All landscaping within the public right-of-way shall be installed during the first (minimum project) phase of development. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants in a timely manner. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. The applicant shall comply with the design and development guidelines in the MCAS Tustin Specific Plan and shall coordinate development of the project with additional design parameters determined by City in connection with development of remainder of Tustin Legacy, but the foregoing shall not require alteration of design after approval by the City of approved project plans per DDA 04-02. Acceptance of type and coverage of landscaping is subject to final inspection by the Community Development Department. Prior to issuance of building permits, detailed plans shall be submitted for the pedestrian windrows between Major 3 and Pad 5, Pad 8 and Major 6, and Major 10 and Lot 15. The windrows shall include decorative paving, enhanced landscaping and lighting accents, and outdoor furniture (i.e. benches) selected to enhance the pedestrian experience. 10.1 All lighting shall be designed and located to confine direct rays and glare to the boundaries of the project. No lighting shall blink, flash, move, or be of unusually high intensity or brightness. Security lighting shall be provided as required per the Uniform Security Code. (1 ) Exhibit A Resolution No. 3922 Page 19 SOLID WASTE MANAGEMENT (1) (1 ) 11.1 Prior to the issuance of demolition permits, the applicant shall demonstrate compliance with Section 4327 of the Tustin City Code, which details requirements to develop and implement a Construction and Demolition Waste Management Plan to recycle at least 50 percent of project waste. 11.2 Prior to the issuance of building permits, the applicant shall submit a solid waste recycling plan identifying planned source separation and recycling programs for each occupied space to be reviewed and approved by the City of Tustin Public Works Department. The applicant shall also demonstrate compliance with Section 9275 of the Tustin City Code which regulates areas for collecting and loading recyclable materials, including the provision of adequate physical space to accommodate all planned tenant recycling programs. Trash enclosure locations shall be shown on the plans for all buildings, including the drive-through restaurants at the corner of Jamboree Road and Barranca Parkway. (1)(5) 11.3 (1)(5) 11.4 (1)(5) 11.5 (5) The applicant, property owner, and/or tenant(s) shall be required to participate in the City's recycling program. An adequate number and capacity of bins or containers to allow for the collection and loading of solid waste and recyclable materials generated by the development shall be located within the waste collection or loading areas of development projects. All waste enclosures shall accommodate a minimum of two (2) - four (4) yard bins, one of which shall be a recycling bin. Any establishments which handle food shall be required to have separate waste disposal bins for food waste, and units should be fully enclosed as may be required by the project's NPDES requirements or Water Quality Management Plan (WQMP). 11.6 The design and construction of solid waste collection and recycling areas shall be compatible with surrounding land uses, structures, topography, and vegetation. (1)(5) 11.7 The design and construction of solid waste collection and recycling areas shall meet all applicable zoning setback and yard requirements and shall not be located in any area required to be constructed or maintained unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety. Exhibit A Resolution No. 3922 Page 20 (1)(5) 11.8 Developments and public right-of-way adjacent to solid waste collection and recycling areas should be adequately protected against any adverse impacts such as noise, odor, vectors, including, but not limited to, maintaining adequate separation, fencing, and landscaping. (1)(5) 11.9 Solid waste collection and recycling areas shall be enclosed by a masonry wall with access gates which effectively obscures the contents placed within the enclosure. (1 )(5) 11.1 0 Solid waste collection and recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized person's access for disposal of materials. (1 )(5) 11.1 1 Solid waste collection and recycling areas or the bins or containers placed therein shall provide protection against adverse environmental conditions which might render the collected materials unmarketable. (1 )(5) 11.1 2 Driveways and/or collection areas shall be unobstructed and provide access for the City's franchised solid waste hauler's collection vehicles and shall provide minimum clearance for vehicles utilized by the City's franchised solid waste hauler. (1 )(5) 11.1 3 A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein should be posted adjacent to all points of direct access to the recycling area. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) (5) (5) 12.1 Prior to the building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. 12.2 Prior to the issuance of a building permit, the applicant shall submit evidence of the on-site fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building permit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-6100 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant and/or Sprinkler Underground Piping." 12.3 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief and must be maintained in good condition by the property owner. Please contact the OCFA at (714) 573- Exhibit A Resolution No. 3922 Page 21 (5) (5) (5) (5) (5) 6100 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." 12.4 Prior to the recordation of a subdivision map or the issuance of any grading or building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. 12.5 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on-site. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." 12.6 Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead- end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. Applicable CC&Rs or other approved documents shall contain provisions prohibiting obstructions such as speed bumps/humps, control gates, or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please call the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." 12.7 A note shall be placed on the fire protection access easement plan indicating that all street/road signs shall be designed and maintained to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. 12.8 Prior to the issuance of any grading or building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke, and colors of the lettering and its contrasting background. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." Exhibit A Resolution No. 3922 Page 22 (5) 12.9 Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and a method of enforcement. (5) 12.10 Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (5) 12.11 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573- 6100 to obtain a copy of the standard combustible construction letter. (5) 12.12 Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all commercial structures exceeding 6,000 square feet (per amendment) and any structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (5) 12.13 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573- 6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (5) 12.14 Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 12.15 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." (5) 12.16 This system shall be operational prior to the issuance of a certificate of occupancy. (5) 12.17 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted Exhibit A Resolution No. 3922 Page 23 (5) (5) (5) (5) (5) to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." 12.18 Prior to the issuance of a building permit, the applicant shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. Please contact the OCFA Hazardous Materials Services Section at (714) 744- 0463 to obtain a copy of the packet. 12.19 Prior to the issuance of any grading permit, the applicant shall submit and obtain the approval of the Fire Chief for a combustible gas/methane assessment and mitigation plan. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guideline for Combustible Soil Gas Hazard Mitigation." 12.20 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. 12.21 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building on-site as requested by the planchecker for review and approval. 12.22 Prior to the issuance of a building permit or installation of an aboveground or an underground tank, plans shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of "Guidelines for Private Use Dispensing of Motor Vehicle Fuel from Protected or Multi-Hazard Aboveground Storage Tanks," or "Guidelines for the Installation and Modification of Underground Storage Tanks at Fuel Dispensing Stations." USE RESTRICTIONS (4) 13.1 A minimum of 4,767 parking spaces shall be provided and maintained in accordance with the Final Traffic Assessment and Parking Analysis dated June 21, 2004. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development and City review required pursuant to DDA 04-02. (1 ) 13.2 Delivery and trash truck service shall be prohibited along the east side of Major 11, Shops 1 and 4, and Major 14 from 10:00 a.m. to 2:00 p.m., and Exhibit A Resolution No. 3922 Page 24 (5) (5) from 5:00 p.m. to 10:00 p.m. The hours shall be clearly posted at all service and trash collection areas. 13.3 The lifestyle core shall maintain a minimum twenty (20) foot wide marked fire access lane from Milliken Avenue to the interior of the Lifestyle Core and along the west side of the Core from Barranca Avenue to South Loop Road to allow fire vehicles to drive inside and around the lifestyle area. No permanent fixtures may be placed within the fire lane, including: outdoor furniture, light standards, landscaping, permanent signs, fountains, or any other type of structure. The marked area shall be distinguished with distinctive decorative paving. Details for marking or distinguishing the fire lane shall be provided on the site plan and landscape plan. 13.4 All requests for alcoholic beverage sales shall be processed in accordance with provisions of the City of Tustin Alcoholic Beverage Sales Establishment Guidelines and the MCAS Tustin Specific Plan. (1 ) 13.5 Outdoor dining and seating areas shall be designated on the site plan and comply with the following: A. The patio area shall be clearly/physically defined, and must be clearly a part of the restaurant it serves; The patio shall be accessible through the inside of the restaurant; B. C. The patio shall be supervised by a restaurant employee to ensure conformance with all laws regarding consumption of alcoholic beverages while on the restaurant premises, if applicable; D. If outdoor seating areas are not part of the restaurant and are specified as "seating in common" no specific parking requirements are applicable; however, these seating areas are not to be reserved or used by any particular restaurant or tenant in the center and shall be available for general public use; E. All outdoor dining or seating areas shall contain trash receptacles for use by the public and/or restaurant employees; F. All outdoor dining or seating areas shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance; G. All outdoor dining and seating areas shall be designed so as to not obstruct vehicular or pedestrian traffic flow and shall be designed in Exhibit A Resolution No. 3922 Page 25 a fashion so that they do not necessitate removal of any existing pedestrian or vehicular movement area; H. The use of awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience. All structural elements, umbrellas, furniture, awnings, covers or other physical elements which are visible to the public right-of-way shall be compatible with the overall design of the main structures; I. All signs and advertisement materials placed in an outdoor dining or seating areas shall be in conformance with the Tustin Sign Code or Master Sign Program; J. All outdoor dining areas shall be setback a minimum of five (5) feet from the property line, street, drive aisle, or parking area with appropriate landscape buffering; and, K. Lighting shall be provided to illuminate the dining area as required by the Tustin Security Code while being contained in the patio area-:- 13.6 All temporary uses and signs are subject to obtaining a Temporary Use Permit or Temporary Sign Permit, if applicable, from the Community Development Department. (5) 13.7 No outdoor storage during construction shall be permitted unless screened from view from the public right-of-way, as approved by the Tustin Community Development Director. (3) 13.8 No outdoor storage of merchandize or other items shall be permitted during operation except in authorized locations shown on the approved development plans (e.g., garden center, etc.). (1) PROJECT PHASING (***) 14.1 If the developer constructs the project in more than a single phase, the improvements will need to comply with requirements of DDA 04-02. At a minimum, the first phase shall include all horizontal improvements, such as grading, on-site private streets, drive aisles, sidewalks, all utilities and associated connections, drainage improvements, and common area landscape and hardscape improvements for the minimum project. All vertical improvements, including, but limited to, buildings, architectural amenities, parking, landscaping, security lighting, pedestrian amenities, and trash enclosures will be constructed with each phase as necessary. To ensure there is sufficient infrastructure to support development phasing, all off-site and on-site public and private infrastructure for the entire project, Exhibit A Resolution No. 3922 Page 26 (***) with the exception of private improvements on LlFOC parcels under the ownership of the Department of the Navy and non-LiFOC parcels intended to accommodate Majors 10 and 12 and the fueling station, would be completed prior to issuance of the first Certificate of Use and Occupancy in the first phase of development. 14.2 For any portions of the project site that will remain vacant during project phasing, methods to prevent soil erosion and enhance the appearance of the area shall be submitted for review and approval by the City Manager's Office, or his designated representative, the Community Development Department, and the Department of the Navy, as applicable. ENVIRONMENTAL (***) 15.1 All mitigation measures related to the design review required by the adopted Mitigation Monitoring Program for the MCAS Tustin 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 a demolition permit, the applicant shall provide written evidence that a County of Orange certified Paleontologist and Archeologist have been retained to conduct salvage excavation of any unique paleontological and or archeological resources that are found. If buried resources are found during grading within the reuse plan area, the applicable specialist shall assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. B. The developer shall prepare a Paleontological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. In addition, a note shall be added to the demolition, grading, and building plans stating, "All demolition activities shall comply with the Paleontological Resources Management Plan (PMRP) prepared for the site." C. If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures during Exhibit A Resolution No. 3922 Page 27 D. demolition and construction, if not already required by the SCAQMD under Rule 403 during construction as follows: Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. Use electricity from power poles rather than temporary diesel or gasoline-powered generators. Reduce traffic speeds on all unpaved roads to 15 mph or less. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). 10) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. 11) Use low VOC architectural coatings for all interior and exterior painting operations. Prior to the issuance of permits for new non-residential projects with 100 or more employees, and expanded projects where additional square footage would result in a total of 100 or more employees, a mix of transportation demand management (TOM) measures which, upon estimation, would result in an average vehicle ridership of at least 1.5, for each development with characteristics that would be reasonably conducive to successful 1) 2) 3) 4) 5) 6) 7) 8) 9) Exhibit A Resolution No. 3922 Page 28 implementation of such TDM measures. These TDM measures may include one or more of the following, as determined appropriate and feasible by the Community Development and Public Works Departments: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11 ) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21 ) E. Establish preferential parking for carpool vehicles. Provide bicycle parking facilities. Provide shower and locker facilities. Provide carpool and vanpoolloading areas. Incorporate bus stop improvements into facility design. Implement shuttles to shopping, eating, recreation, and/or parking and transit facilities. Construct remote parking facilities. Provide pedestrian circulation linkages. Construct pedestrian grade separations. Establish carpool and vanpool programs. Provide cash allowances, passes, and other public transit and purchase incentives. Establish parking fees for single occupancy vehicles. Provide parking subsidies for rideshare vehicles. Institute a computerized commuter rideshare matching system. Provide a guaranteed ride-home program for ridesharing. Establish alternative work week, flex-time, and compressed work week schedules. Establish telecommuting or work-at-home programs. Provide additional vacation and compensatory leave incentives. Provide on-site lunch rooms/cafeterias and commercial service such as banks, restaurants, and small retail. Provide on-site day care facilities. Establish an employee transportation coordinator(s). In addition to the transportation demand management (TDM) measures in D above, the applicant shall implement the following measures, as determined appropriate or feasible by the Community Development and Public Works Department: 1) 2) 3) 4) Reschedule truck deliveries and pickups for off-peak hours. Implement lunch shuttle service from a worksite(s) to food establishments. Implement compressed work week schedules where weekly work hours are compressed into fewer than five days, such as 9/80, 4/40, or 3/36. Provide on-site child care and after-school facilities or contribute to off-site developments within walking distance. Exhibit A Resolution No. 3922 Page 29 5) 6) 7) 8) 9) 10) 11 ) 12) 13) 14) 15) 16) Provide on-site employee services such as cafeterias, banks, etc. Implement a pricing structure for single-occupancy employee parking, and/or provide discounts to ridesharers. Construct off-site pedestrian facility improvements such as overpasses and wider sidewalks. Include retail services within or adjacent to residential subdivisions. Provide shuttles to major rail transit centers or multi-modal stations. Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.). Synchronize traffic lights on streets impacted by development. Construct, contribute, or dedicate land for the provision of off-site bicycle trails linking the facility to designated bicycle commuting routes. Include residential units within a commercial development. Provide off-site bicycle facility improvements, such as bicycle trails linking the facility to designated bicycle commuting routes, or on-site improvements, such as bicycle paths. Include bicycle parking facilities such as bicycle lockers. Include showers for bicycling and pedestrian employees' use. Construct on-site pedestrian facility improvements, such as building access which is physically separated from street and parking lot traffic and pathways. Prior to issuance of the applicable permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. F. FEES Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1)(5) 16.1 Exhibit A Resolution No. 3922 Page 30 (1 ) A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. B. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. C. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. D. New development fees in the amount of $0.1 O/Sq.ft. of new'office floor area to the Community Development Department. E. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of permit issuance. The current fee is $$3.30/sq.ft. of new floor area, which can be adjusted by the Transportation Corridor Agency. F. Water and sewer connection fees to the Irvine Ranch Water District at the time a building permit is issued. G. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The current fee is $0.34/sq.ft. of new floor area; fee can be adjusted annually by the school district. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31/sq.ft. of new floor area of construction to the Community Development Department. Prior to final map approval, Tustin Legacy Backbone Infrastructure Program fees as required by DDA 04-02 and Resolution No. 3921. H. I. 16.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of 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.