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Home My WebLink About06-ATTACHMENT D (PLANNING COMMISSION MINUTES 6.11.19)ATTACHMENT D Planning Commission (DRAFT) Minutes of June 11, 2019 Resolution Nos. 4379 & 4380 ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JUNE 11, 2019 7:01 p.m. CALL TO ORDER Given. INVOCATION/PLEDGE OF ALLEGIANCE: Kozak Present. ROLL CALL: Commissioners Gallagher, Jha, Kozak, Mason, Thompson PUBLIC CONCERNS: Ms. Adrienne Adrienne Gladson, a representative =Wthe Planning Directors Association G/adson of Orange County, provided brochures to the Commission inviting them to participate in an upcoming program ("Leadership on the Dias"). CONSENT CALENDAR:` Thompson requested the Consent Calendar item_ s be considered separately. That the Planning Commission approve the Minutes of the May 14, Adopted 2 GENERAL PLAN CONFORMITY DETERMINATION 2019-00001 Resolution No. 4386. APPLICANT/ PROPERTY OWNERS: COUNTY OF ORANGE LOCATION: PETERS CANYON REGIONAL PARK Draft Minutes — Planning Commission June 11, 2019 — Page 1 of 14 ENVIRONMENTAL: General Plan Conformity determinations required by Government Code Section 65402 are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. REQUEST: General Plan Conformity finding for the conveyance of two (2) permanent easements for existing pipeline facilities access. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4386, determining that the location, purposes,;"and extent of the proposed conveyance for the dedication of two (2) permanent easements for access to existing pipeline facilities is in -conformance wit"he Tustin General Plan. Motion: It was moved by Thompson, seconded by Kozak, to adopt Resolution No. 4386. Motion carried 5-0. Mason Mason suggested to the Commission that Item #6 be considered early in case there wire members of the public wanting to speak on the item. LOCATION: 525 WEST SECOND STREET TUSTIN, CA 92780 . ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15301€ of the California Code of Regulations (Guidelines for California Environmental Quality Act). Draft Minutes — Planning Commission June 11, 2019 — Page 2 of 14 REQUEST: Removal of corrections and conditions related to Code Case No. CE -2018- 0243 and Building Division Permit No. COMBR-2018-00299. RECOMMENDATION: It is recommended that the Planning Commission uphold the Community Development Director's corrections and conditions associated with Code Case No. CE -2018-0243 and Permit No. COMBR-2019-00299 by adopting Resolution No. 4387 as follows: 1) Uphold the requirements r a. Record the Deed..Restr b. Provision of ince}rior dirt detached two -vehicle g c. Provisl n of screening (A/C) unit; and to: i prior to permit issuance; ons of 20 feet by 20 feet of the -mounted air conditioning _ICANT; SCHOOLSFIRST FEDERAL CREDIT UNION ATTN: CHRISTINA QUINTERO 1200 EDINGER AVENUE TUSTIN, CA 92780 =RTY SCHOOLSFIRST FEDERAL CREDIT UNION RS: ATTN: CHRISTINA QUINTERO 1200 EDINGER AVENUE TUSTIN, CA 92780 CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 LOCATION: 15332 NEWPORT AVENUE, 15442 NEWPORT AVENUE, 15222 DEL AMO AVENUE, 1200 EDINGER AVENUE AND PARCEL 6 OF PARCEL MAP NO. 2010-127 (APN 430-251-28) Draft Minutes — Planning Commission June 11, 2019 — Page 3 of 14 ENVIRONMENTAL STATUS: The City Council Certified Final Environmental Impact Report 90-1 (FEIR) for the PCESP on December 17, 1990, and Supplement #1 to Final EIR 90-1 for the PCESP was adopted on May 5, 2003. The FEIR is a Program EIR under the California Environmental Quality Act (CEQA). The FEIR considered the potential environmental impacts associated with the development of the PCESP. An Environmental Checklist was prepared and concluded that the proposed actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in -the FEIR and Supplement #1 for FEIR. Moreover, no new information ofsubstantial importance has surfaced since certification of the FEIR=and Supplement #1 to FEIR. REQUESTS: A request to deve1100,,of a 3 -story office building, retail bank branch building, 4 -level parking structure and associated improvements within planning areas 7, 9, 11 and 14 of the Pacific Center East Specific Plan (PCESP:). RECOMMENDATION: c. CP 2018-00001 for the overall concept of the office campus facility including building design, site layout and public and private improvements. d. DR 2018-00023 for the design and site layout of the 180,000 square foot office building, 5,000 square foot retail bank building, parking structure and associated site improvements. Draft Minutes — Planning Commission June 11, 2019 — Page 4 of 14 e. CUP 2018-00015 for the establishment of joint -use parking as required by the PCESP for parcels that do not provide required parking within its boundaries. Hutter Presentation given. Gallagher Gallagher's comments/questions generally included: Resolution No. 4380 — referenced two (2) different square footage amounts; the Traffic Impact Study appeared to only address the proposed development, as is, and seemed to exclude approximately 69,000 square feet for future development; and he asked if the Commission approves the developer agreement, as it stands, could the developer move ahead with the expansion without doing an additional traffic study. Hutter In response to Gallagher's question, Huffer stated that 451,000 square feet is to document the maximum square footage that would be allowed within the planning areas. Willkom Willkom added to Hutter's response stating that the entire campus consists of four (4) planning areas and for each of the planning areas, the Specific Plan identifies. the development capacity. The City's Development Agreement ensures the maximum potential of development capacity with the entire campus Sh.e added that currently, only 382,000 square feet are being utilizedwith the ..remaining square footage to be used for future development. Per Willkdm; at the time ,of the future development, the developer would still. need tore#urn to the City with their proposal and traffic Thompson Thompson's questions/comments generally included: he asked if the City is also a part of the application process, in reference to the parcel of land being - abandoned; he asked if the parcel of land is part of the conveyance or if the CO: would sell that land4o, the developer; parking surplus, parking stalls, and,parking structure being reduced by one (1) foot, he asked why it would be acceptable to reduce the parking (i.e. concern with emergency vehicles getting onto the campus); parking arrangements with the shared parking — wanted to ensure it was adequately addressed; did CalTrans concur with the traffic study?; and he asked about the traffic mitigation requirements, specifically the one intersection with a level of service "E" and why no mitigation was done for that. Hutter In response to Thompson's first question, Huffer stated that Parcel 6 of the project is currently owned by the City. The City would be considered an applicant since there is an entitlement proposed for that property. Per Huffer, the parking space stalls are shorter (from 19 to 18 feet) but the drive aisles are a minimum 24 feet, which is the requirement. She added that the applicant is not requesting a reduction to the drive aisles and the shared parking is addressed within the Conditions of Approval. Hutter stated the City is working with the applicant to finalize the CC&R's regarding the parking requirements to ensure the parking is being shared within the entire campus. Draft Minutes — Planning Commission June 11, 2019 — Page 5 of 14 Willkom In response to Thompson's question regarding the abandoned parcel of land, Willkom stated that the remnant parcel would be conveyed to SchoolsFirst and the real estate transaction would be considered by the City Council. The proposed project is within the development capacity of the Specific Plan. Willkom added that there are several traffic related issues which have been analyzed when the City did the EIR for the entire Specific Plan. Certain studies were required of certain intersections to ensure that the level of service is complied with, as it is identified within the General Plan and the study does indicate the developer is within the acceptable level of service with the condition of the traffic signal at the project's entrance. Binsack Binsack provided further explanation with Thompson's concern with the reduction of the parking stall standards. The difference is that it is an open area versus a closed garage. She added that typically, the City's standard dimension in a closed garage is 10x20 and is typical when you do not have additional room to maneuver.Yf=" Nishikawa In response to Thomgson's question regarding "Level of Service E", Nishikawa stated that, vvith.in the traffic study, Level Service E had to do with the entry into the project off of Newport Boulevard.{ There will be a traffic signal which will mitigate the level of Service E. Nishikawa added that costs will also be",-,, bted' with the applicant since the City owns the property across the street as well. Gallagher Gallagher also mentioned Parcel 6 (Newport and Del Amo Avenues) and a Master Sign Plan going forward. He stated that it would be an ideal place to have a. "Welcome 10,T u stin" sign and would it need to be considered at that meeting before the parcel is sold: Willkom Willkom stated that staff did cake a look at a "Welcome to Tustin" sign, and similarmonumentation:; . Staff will be working with the applicant since the City has the ability to negotiate with the applicant to have them consider some of the signage for the City. Willkom added that signage will be included with the negotiation of the parcel. 7:38 p.m. - Opened the Public Comments Section. Mr. Ryan Davis Mr. Ryan Davis, SchoolsFirst representative, introduced himself to the Commission and audience members, and asked if there were any further questions. 7:40 p.m. Closed the Public Comments Section. Thompson Thompson had favorable comments and was in favor of the project. Jha Jha had favorable comments for the project. Kozak Kozak had favorable comments for the project. Draft Minutes — Planning Commission June 11, 2019 — Page 6 of 14 Mason Mason requested further background information from the applicant regarding SchoolsFirst. She asked if SchoolsFirst anticipated having a Phase 2 (headquarters) in the same area. Mason was in favor of the project. She did request that the applicant work closely with the City with the CC&R's and traffic issues. She, too, suggested the Welcome sign. Ms. Christina Ms. Christina Quintero, SchoolsFirst representative, came forward and Quintero provided further background regarding SchoolsFirst. She stated that the project will add an additional 750 team members. Ms. Quintero added that SchoolsFirst leased another property off of Red Hill Avenue, where the consumer lending offices are currently located, and that they would relocate those offices to the new project site, along with the Santa Ana office. She added that they would still keep their Santa Ana leased building. Gallagher Gallagher thanked the applicarlt for bringing in the model and he welcomed them to the City. He mad' favorable comm_ ents towards staff and he was in support of the project. Motion: It was moved by Thom 4379 and 4380. Motion seconded by Jha, to adopt Resolution Nos. d 5-0. MIT 2018-00018 & DESIGN REVIEW 2018- 11 92612 DRIVE, SUITE 100 DIANA SALAZAR C0STCO DIRECTOR OF REAL ESTATE COSTCO WHOLESALE CORPORATION 9 CORPORATE PARK, SUITE 230 IRVINE, CA 92606 2541 AND 2655 EL CAMINO REAL ,ect is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15332, Class 32. REQUEST: A request to demolish the existing Goodyear Tire Center and adjacent parking area at 2541 EI Camino Real and replace with 56 new parking stalls and construct a new 16 pump Costco gasoline fuel station with canopy and related equipment at 2655 EI Camino Real. Draft Minutes — Planning Commission June 11, 2019 — Page 7 of 14 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4385, approving Conditional Use Permit (CUP) 2018-00018 and Design Review (DR) 2018-00026 to demolish the existing Goodyear Tire Center and adjacent Goodyear parking area at 2541 EI Camino Real and replace with 56 new parking stalls and to construct a new 16 pump Costco Gasoline fuel station with canopy, related equipment and landscaping at 2655 El Camino Real Jha Jha recused himself from this item due to a competing financial interest. Demkowicz Presentation given. Gallagher Gallagher referred to the traffic analysis and the comment in the Summary Findings related to the need for'adjusting-_the signal timing and if it was a requirement for the City or the applicant. Nishikawa In response to Gallagher's question, Nishikawa referred to the applicant's traffic study (Bryan Avenue & Market Way) and one of the requirements for the applicant.is that they in a dedicated right tum on EI Camino Real, and is part of the project. Per Nishikawa, there is also a separate project proposal at the intersection of EI Camino Real (ECR) and Tustin Ranch Road (TRR) and ispart of the City's Capital Improvement Program and the Notice to Proceed is scheduled for June 17, 2019. He added that right turn pockets, on all four (4) directions at ECR and TRR. In addition, there will be two (2) left turn lanes from ECR onto TRR because currently there is congestion- in: that area; with these improvements, the City will take a look at the_ impacts and whether the timing changes will be necessary on Bryan Avenue If it is, City staff can control the timing since but wanted to see if the improvements will, alleviate the concern of any back up traffic. Thompson asked if the Goodyear Tire Center access would be blocked by the queue line. His concern was that there would be an impact to the Goodyear Tire Center parking spaces. Thompson asked staff to explain further the 5:00 a.m. to 10:00. p.m. business hours and how it works with the approvals that already exist for the project site and what the business hours for surrounding businesses. Demkowicz Demkowicz referred the Commission to the stacking plan within the PowerPoint presentation that Costco is proposing. She explained that the queuing would take place in the middle aisle where there are rows of trees, not the same drive aisle as the Costco tire center. Demkowicz stated that Costco was requesting the 5:00 a.m. to 10:00 p.m. business hours. Typical hours for other Costco stores in Orange County are 5:30 a.m. to 9:30 p.m. The other hours for businesses within the shopping center are 5:30 a.m. to 9:30 p.m, with the exception of McDonald's which is open 24 hours. Draft Minutes — Planning Commission June 11, 2019 — Page 8 of 14 Mason Mason voiced her concern with the queuing causing congestion to the parking lot, referencing the Costco at the District. She asked if the queue set up would cause back up in the parking lot. Mason requested more assurances that the queuing issue is going to be addressed so as not to be similar to the Costco at the District. Mason asked about Costco's current operating hours and wanted to ensure staff can re -address the hours of operation if there are issues with exceeding noise limits, and impacts of traffic patterns during rush hour. She also asked if there would be any audio or marketing monitors at the gas pumps. Willkom In response to Mason's concern, Willkom stated that staff has worked extensively with the Costco Traffic Engineer to ensure no impacts. Willkom invited the traffic engineer to the podium to explain further on the queuing program they are proposing. _ Ms. Neelam Dorman, Traffi traffic engineering firm in ,O queuing. Her respons;.ge pumps versus the District, w through the queue's (i.e. the system); more, queue spa explanation of the added rig street traffic; trying 'to creatE any other movements that a the queue management ph have there r site whic at the Te Per Dem The appl to be 5:( audio/mE low moi Iditional �e: any aaaition peeing; Costco ,imilar location n the proposed to 3cula location: 'Engineer with Kittelson and Associates local tinge, responded. to Mason's concern with the ierally included:: the proposed project has 32 iich has 22 which will move people a lot quicker -ed light/green light system and the Costco pay e'than at the District, . she provided further it"tum lane onto ECR so as not to interfere with as much space on/off site to not interfere with a not intending to come to the shopping center; i does take into account closing out the north o allow,an additional eight (8) cars of stacking; its directing traffic; should anything go wrong monitoring needed, Costco would provide it as a significant site in Temecula (30 pumps) xt to their mall and is not as close to a freeway ation and queues decreased to 26 cars waiting :owicz, the current Costco store hours are 10:00 a.m. to 8:30 p.m. giant is requesting the hours of operation, for the gas station only, D-a.m. to 10:00 p.m. In response to Mason's question on the "keting monitors at the pumps, Demkowicz stated it was not on the applicant's plan. Willkom Willkom explained to Mason and the Commission that the City can revisit any concerns with hours of operation and traffic, which are within the Conditions of Approval 8:17 p.m. Opened the Public Comments, Ms. Veronica Ms. Veronica Barker, Tustin Ranch resident, spoke in opposition of the item Barker and her concerns generally included: impact on the humanistic side of the plan; traffic impacts; not in favor of the Good Year store being demolished to add more parking; and she would prefer the old Kmart building be Draft Minutes — Planning Commission June 11, 2019 — Page 9 of 14 Ms. Veronica demolished because of the current homeless issue, trash, and darkly lit Barker parking lot. Mr. Stephen Mr. Stephen McNamara spoke in opposition of the item and his McNamara comments/concerns generally included: referred to a Google photo of a parking lot for the Commission to point out traffic concerns currently at the Costco at the District; negative impacts to the right turn lane onto ECR; noise concern from multiple cars idling; and poor air quality which will be CEQA concern. Mr. Aaron Peters Mr. Aaron Peters, Tustin resident, spoke in opposition of the item and his comments/concerns generally included: "traffic consuming fueling station"; no traffic control; students heading to school could be in danger of traffic; the Temecula gas station previously mentioned is 3.2 miles away from Interstate 215 freeway and the :proposed project is less than 2 miles from the Interstate 5 freeway; the addition of a gas station will hurt local gas stations; and the propossd gas station will -be exclusive to Costco members only. Mr. Kal Patel Mr. Kal Patel, resident, generally included: gas hours of operation; proxi gas station willtake awa, in opposition of the item and his concerns also referred to the Costco at the District; mity of tWproject to the freeway; and the Costco y from surrounding small gas stations. Mr. Charlie Mazza Mr. Charlie Mazza, resident in:Irvine, owner of Shell station in Tustin Ranch, spoke r opposition of the project and his concerns generally included: the pIan does not includeahe number of gallons Costco will sell; future traffic congestion. on ECR and Bryan Avenue; also referred to the District's Costco; and will harm surrounding business owners. Ms. Anayel► Gan►as Anayeli Garfias, Santa Ana resident, spoke in opposition of the item and her concerns generally included: increase in traffic on Market Street and Tustin Ranch Road; noneed for another Costco since there is already one at the District; and the,Costco gas station will take away from small businesses. Ms. Diana Salazar • Ms. Diana Salazar, Real Estate Development Manager for Costco, spoke in response to the comments previously made which generally included: thanked City staff for working with Costco during the application process; she provided background information regarding Costco at the District (2007); areas of the current parking site are underutilized; 40 percent of the customers at the District are from the Tustin Ranch Road zip code area which means traffic will be taken away from the streets by reducing the distance that the drivers are driving to pump gas; hours of operation — most Costco locations are open 5:30 a.m. to 9:30 p.m. however, they would like the flexibility to serve Costco customers before regular business hours and after closing hours which will hopefully balance out the heavy traffic during store hours. Draft Minutes — Planning Commission June 11, 2019 — Page 10 of 14 Ms. Valerie Ms. Valerie McNamara, resident, spoke in opposition of the item and her McNamara concerns generally included: traffic impacts at the site; early morning traffic to Beckman High School and after school; traffic impacts from the gas station near Bryan Avenue and ECR. Mr. Daniel Sushel Mr. Daniel Sushel, resident, spoke in opposition of the item and his concerns generally included: traffic impacts; what will determine the amount of traffic is people's tolerance for traffic jams; air pollution from cars in line at the gas pumps; and the project will affect current Costco members who live in the area, negatively and will affect their quality of life. Mr. Barry Mr. Barry Harbayan, lives across from Costco near Bryan Avenue, spoke in Harbayan opposition of the item and voiced his concern with regard to traffic, noise and exhaust fumes affecting Bryan.Avenue. 8:48 p.m. Closed the Public Comments`Section Thompson Thompson's final comments after public Anput generally included:, he thanked the public for their, input and echoed thesame concerns; there are some concerns within the purview of the Commission that need to be addressed (the District and `ongoing challenges what has the City learned?) and there are some concerns outside the Commission's purview (i.e. the impact on other gas stations); lines should not impact other businesses or the thAc_*_how does. this proposal differ/corrects and improves what is being done at the District's Costco; operating hours — is this operating model consistent with the other businesses and within the land use regulations; start off_ with shorter amount of operating hours to see how it works and ensure itis working responsibly, and if it is, revisit at a later date; parking'-, when the. queue is in full operation, it appears to take out three (3) aisles of parking, not just one (1) — how does it calculate into the code requirements for Costco?; unfair to use McDonald's parking spaces as surplus; need a better explanation of the shared parking and what == happens when the businesses are in full operation (i.e. how many parking spaces are lost, what happens to traffic?); if there is a shared parking arrangement, both parties need to be responsible for the cleanup of the parking lot and homeless issue; and if not shared parking, do not count as part of the inventory. Gallagher Gallagher's final comments after public input generally included: he agreed with ' a lot of the public's concerns, including the District's Costco; traffic to/from the 1-5 Freeway to Costco; the reason Costco is busy is because it is providing a service to the Tustin residents; if and when the Kmart building is in full service, was the parking considered?; safety concern with the deliveries — was that considered?; did not see a reduction in the levels of service in the traffic study, but there is concern there will be (what percentage in increase is expected and does it reflect what is being projected?; in favor of shorter operating hours to start off with; and having a stronger back stop — if everything the City was told by the applicant goes wrong, and the proposed Costco gas station ends up like the District's Draft Minutes — Planning Commission June 11, 2019 — Page 11 of 14 Gallagher Costco, there should not be any question as to what the resolution is and what can be done to address it. Mason Mason thanked the community for their input and her final comments generally included: the Commission needs to judge this item's merit of what was presented to the Commission; the City is replacing a business with another; the Costco gas station will help thrive the shopping center; need to consider the hours of operation; look at this project from the perspective of the students/residents in the area; and she asked who owns the parcel at the shopping center because it is a big, empty space and it is becoming a blight. Kozak Kozak thanked the public for their input. Kozak's concerns generally included: hours of operation; impacts to level of service may be impacting the surface streets; the shared. parking impacts; and the project has merit but the issues previously mentioned need to be addressed before the Commission can maker- an =action and .viable recommendation for the community to the City Council. Thompson Per Thompson, collectively,.the Commission would like to continue the item to get some additional information that could also affect additional conditions forapproval to move forward. Again, the issues the Commission collectively touched on were: parking during operations; operating hours; deliveries and how they play into the operating hours; learnings from the District and how 1he City ;will apply 'those to the proposed project; corresponding local llevel of service, in traffic; and the quality of life issue `dealing with the parking lot and who has responsibility. Binsack Kozak Motion: ick, if it is the consensus of the Commission to continue the item, summarize the issues both from the public and the Commission, n to the Commission with concise responses to those comments :ems. Staff will meet with Costco as well. If the consensus is to the item, she recommended continuing to the July 9, 2019 Commission meeting to ensure the Commission is continuing to a Sin in order to provide enough time to respond to those comments erns. If staff does not feel that is sufficient amount of time, the item ysbe continued from the July 9, 2019 meeting as well. ded that when staff goes through the areas of concern, if in the analysis, there are some alternatives, than staff would mitigate these impacts that were discussed which would be helpful in the Commission's deliberations. Mason also added, that the Commission and staff are trying to be thoughtful of the concerns previously stated. It was moved by Mason, seconded by Thompson, to continue the item to the July 9, 2019 Planning Commission meeting. Motion carried 5-0. Draft Minutes — Planning Commission June 11, 2019 — Page 12 of 14 6. CONDITIONAL USE PERMIT (CUP) 2019-00006 APPLICANT/ BRETT HAMARA PROPERTY OWNER: LENNAR HOMES OF CALIFORNIA, INC. 15131 ALTON PARKWAY, SUITE 365 IRVINE, CA 92618 LOCATION: LOT 1 AND 6 OF TRACT 18125 ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15304(e) (Class 4) of the California Environmental Quality Act (CEQA). REQUEST: A request to establish a temporary home sales center including a 2,100 square foot sales office trailer, parking lot and landscaping for new home sales activities at the Levity at Tustin Legacy*bdivision. RECOMMENDATION: Gallagher = - Gallagher had no concerns and he was in support of the item. Mason Mason had favorable comments regarding the item and was in support of the item Kozak Kozak also had favorable comments regarding the item and he, too, was in support of the item. Thompson Thompson was in favor of the item. Motion: It was moved by Thompson, seconded by Jha, to adopt Resolution No. 4388. Motion carried 5-0. None. REGULAR BUSINESS Draft Minutes — Planning Commission June 11, 2019 — Page 13 of 14 STAFF CONCERNS: Binsack Binsack informed the Commission of the following upcoming events: 6/18: CPF webinar in the CDD Conference Room (12-1:30 p.m.) • 6/20: Mayor's Business Recognition Luncheon. • 7/16: CPF webinar — "Part Two" in the CDD Conference Room (12- 1:30 p.m.) COMMISSION CONCERNS: Jha Jha participated in an FBI program Welcome back! Go US Women's Soccer for the World Cup! Thompson Thompson attended the fol 9:19 P.M. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, June 25, 2019, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Draft Minutes — Planning Commission June 11, 2019 — Page 14 of 14 RESOLUTION NO. 4379 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DETERMINING THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED DISPOSITION OF PARCEL 6 OF PARCEL MAP NO. 2010- 127 (APN 430-251-28) AND PORTION OF ABANDONED DEL AMO AVENUE, FOR THE DEVELOPMENT OF AN OFFICE CAMPUS FACILITY INCLUDING 180,000 SQUARE FEET OFFICE, 5,000 SQUARE FEET RETAIL BANK BRANCH, FOUR (4) LEVEL PARKING STRUCTURE AND ASSOCIATED SITE IMPROVEMENTS IS IN CONFORMANCE WITH THE APPROVED GENERAL PLAN. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted by SchoolsFirst Federal Credit Union for the development of an office campus facility including 180,000 square feet office building, 5,000 square feet retail bank branch building, four (4) level parking structure and associated site improvements on approximately 19 -acre site comprised of Planning Areas 7, 9, 11 and 14 of the Pacific Center East Specific Plan. B. That the City wishes to dispose of Parcel 6 of Parcel Map No. 2010-127 (APN 430- 251-28) within Planning Area 11 and a portion of the abandoned Del Amo Avenue, comprising of approximately 1.8 acres of land, to accommodate the development of an office campus facility with an office building, retail bank branch building, parking structure and associated site improvements. C. That Section 65402(a) of Govemment Code provides that no real property shall be disposed until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan. D. That a public hearing was duly called, noticed, and held on said application on March 26, 2019, by the Planning Commission. On March 26, 2019, the Planning Commission tabled item to allow for sufficient time to finalize the associated Disposition and Development Agreement and Reimbursement Agreement between the City and applicant. E. That a public hearing was duly called, noticed, and held on said application on June 11, 2019, by the Planning Commission. F. The proposed disposition supports several General Pian Land Use Element goals, including the following: 1. Land Use Element Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. Resolution No. 4379 Page 2 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses. 4. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods, commercial and business park districts. 6. Land Use Goal 7: Promote expansion of the City's economic base and diversification of economic activity. 6. Land Use Goal 8: Ensure that necessary public facilities and services should be available to accommodate development proposed on the Land Use Policy Map. 7. Land Use Goal 11: Provide for an integrated business park environment in the Pacific Center East Area which both capitalizes on market opportunities and is compatible with adjacent developed land uses. G. That the properties at Parcel 6 of PM 2010-127 and abandoned Del Amo Avenue are 'remnant properties resulting from realignment of right-of-ways and are constrained from development due to the location, size and shape of the properties and that the properties are essentially landlocked. H. That Section 65402 (a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. That the general plan conformity determinations required by Government Code Section 65402(a) are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. The Planning Commission hereby determines that the location, purpose, and extent of the disposition of Parcel 6 of Parcel Map No. 2010-127 (APN 430-251-28) and a portion of the abandoned Del Amo Avenue for the development an office campus including 180,000 square feet of office, 5,000 square feet of a retail bank branch, four (4) level parking structure and associated site improvements is in conformance with the approved General Plan. 1 E 0 F1 Resolution No. 4379 Poo PASSED AND ADOPTED by the Planning, Commission of theCity of Tustin ata:regular meeting held on the 11th day of June, 2019. ML — 41tit).- 6TEVE)(00X Chairperson ELIZABETH A, BINSACK Pl,anning"Commission.Seer,etary STATE,0F CALIFORNIA. COUNTY OF I 'ORANGE CITY OF TUSTIN 1, ELIZABETH ,.A. BINSACK the, undersigned, hereby- certify "that I am the Planninq Commission -,Sepretary of the- City of Tustin,. California; that 'Resolution- No. 4379 was duty passed and adopted at. a tegu'lar meeting of the Tustin Planning Commission, hold on the 111 th day of June, 2019, PLANNING COMMISSIONER AYES: ,P= COMMISSIONER NOES! PLANNING COMMISSIONER. ABSTAINED: PLANNIN:GCQMMISSItQNER ABSENT ELIZABETH A. BINSACK Planning Commission Secretary Q,411agher,_ jhA, Kozak, Mason Thompsoh, RESOLUTION NO. 4380 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT 2018-000011 LOT LINE ADJUSTMENT 2018-00003, CONCEPT PLAN 2018-00001, DESIGN REVIEW 2018-00023 AND CONDITIONAL USE PERMIT 2018-00015 , FOR THE DEVELOPMENT OF AN OFFICE CAMPUS INCLUDING 180,000 SQUARE FEET OFFICE, 5,000 SQUARE FEET RETAIL BANK BRANCH BUILDING, FOUR (4) LEVEL PARKING STRUCTURE AND ASSOCIATED SITE IMPROVEMENTS WITHIN PLANNING AREAS 7, 9, 11 AND 14 OF THE PACIFIC CENTER EAST 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 has been submitted by SchoolsFirst Federal Credit Union for the project, which includes a 180,000 square foot office building, 5,000 square foot bank branch building, four (4) level parking structure and associated site improvements on an approximate nineteen (19) acre site within Planning Areas 7, 9, 11 and 14 of the Pacific Center East Specific Plan (PCESP). The City currently owns 1.8 acres of the project site and the balance is owned by the applicant. B. That the development application includes the following requests: 1. General Plan Conformity to determine that the location, purpose, and extent of the proposed disposition of an approximate 1.8 -acre acre site within Planning Area 11 of the PCESP forthe development of a 180,000 square foot office, 5,000 square foot retail bank branch and four (4) level parking structure is In conformance. with the approved General Plan. 2. Development Agreement (DA) 201 B-00001 to facilitate the development and conveyance of an approximate 1.8 -acre site within the boundaries of the Pacific Center East Specific Plan. 3. Lot Line Adjustment (LLA) 2018-00003 to adjust parcel lines among four (4) existing properties and absorb abandoned public right-of-way to accommodate development of the proposed office building, retail bank building and parking structure. 4. Concept Plan (CP) 2018-00001 to develop an office campus facility with an office building, retail bank branch, parking structure and associated site improvements and ensure the overall concept of the development conforms with the Specific Plan. _ 5. Design Review (DR) 2018-00023 for the design and site layout of a nineteen (19) acre site into an office campus project with an office building, retail bank branch, parking structure and associated site improvements. Resolution No. 4380 Page 2 6, Conditional Use Permit (CUP) 2018-00015 for the establishment of joint -use parking for 15442 Newport Ave., 15332 Newport Ave,, 15222 Del Amo Ave., 1200 Edinger Ave. and Parcel 6 of Parcel Map 2010-127 (APN 430-251-28). C. That the site is zoned as Planned Community (PC) and PCESP (SP 11) within Planning Areas 7, 9, 11 and 14 and designated as Planned Community Commercial/Business by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. D. That Parcel 6 of Parcel Map 2010-127 (APN 430-251-28) is currently owned by the City and the City wishes to dispose of an approximate1.8-acre site within Planning Area 11 to accommodate the development of an office campus facility which includes an office, retail bank branch and parking structure. E. That DA -2018-00001 attached hereto as Exhibit A can be supported by the following findings: The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the PCESP in that office and retail bank uses are permitted uses within Planning Areas 7, 9, 11 and 14. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 7, 9, 11 and 14) in that similar and compatible uses exist and are envisioned within the close proximity of the project site. 3.. The project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the agreement Incorporates public benefits in the form of reimbursable public improvement. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the PCESP, Tustin City Code, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of the property in that the proposed project complies with the PCESP and would complete the applicant's office headquarters campus facility. 6. That the office headquarters campus will be limited to a maximum 451,715 square feet of building floor area, consistent with the floor -area ratios identified within the PCESP. That the proposed parking structure does not contain building floor area and is not included in floor area calculations. 7. The project will have a positive fiscal impact on the City in that the provisions of the proposed DA and conditions of approval will ensure that the project will have a positive fiscal impact on the City. F. That PCESP Table 4 allows for exchanges of square footage of allowed uses between Planning Areas and that in accordance with the PCESP and the project Resolution No. 4380 Page 3 environmental impact report, the proposed square footage exchanges between Planning Areas 7, 9, 11 and 14 comply with the PCESP development capacities and trip generation allowances. That the proposed parking structure is an accessory use and does not contain building floor area. G. That LLA -2018-00003 can be supported by the following findings: 1. The LLA involves four (4) existing, adjoining parcels and absorbs existing abandoned right-of-way. 2. That no more than four (4) parcels will result from the LLA. 3. The resulting parcels from the LLA will conform to the Tustin General Plan and PCESP. H. That PCESP Section 5.3 requires the submission of a CP prior to or concurrent with the submission of a new development proposal. The project has been found to comply with the requirements of the PCESP. Specifically, the proposed project: 1. Provides a preliminary geologic and soils report that analyzed the soil conditions and included recommendations for grading, building design and construction; 2. Provides an overall drainage plan showing that the project will drain properly and can connect to existing storm drain infrastructure; 3. Provides a conceptual landscape plan that focuses on onsite landscaping and gateway landscaping; and 4. Includes proposed development intensity and overall parcel layout that reflects the office campus environment. I. That PCESP Section 4.667 states that parking space development standards are subject to the City's design review criteria. That the applicant has requested approval of parking stall dimensions of nine (9) feet by eighteen (18) feet within the parking structure. That the approval of this request is justified in that: 1. The nine (9) feet by eighteen (18) feet parking spaces will be located within the parking structure, which is accessible only to employees. 2. That the proposed surface parking spaces, including parking spaces for visitors and retail bank branch customers, provides the required nine (9) feet by nineteen (19) feet dimensions. 3. The intent of the parking regulations as stipulated in the PCESP is preserved. J. That PCESP Section 4.6A3 and Tustin City Code (TCC) Section 9264 allows shared parking facilities be used jointly among multiple properties with the approval of a CUP and can be supported by the following findings: Resolution No. 4380 Page 4 1. That a Joint Use Area Parking Review study dated May 3, 2019, was prepared by a licensed traffic engineer (Robert Kahn, P.E. of RK Engineering Group, Inc.) in accordance with TCC Section 9264 and PCESP Section 4.6A3. 2. That the Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 3. That per the PCESP, the office headquarters campus facility would require 1,407 off-street parking spaces; 1,660 spaces are currently proposed throughout the project site; the Parking Study determined that the project site, on the whole; provides a surplus of 253 parking spaces required by PCESP and therefore exceeds the minimum parking requirement for office and commercial uses, 4. That the parking spaces designated for joint -use are located such that they will adequately serve the uses for which they are intended. 5. That the proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic on the ability of parking in that sufficient parking would be available on-site. 6. That a written agreement is required to be recorded on each property involved to ensure the continued availability of the number of parking spaces designated for joint -use and availability of reciprocal access easements. K. Pursuant to 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. Height, bulk, and area of buildings — The height and bulk of the proposed project is compatible with surrounding buildings In that the proposed office is about fifty-eight (58) feet high, the bank branch building is about twenty (20) feet high and the parking structure is about fifty (50) feet high, similar to other buildings in the area. 2. Setbacks and site planning -- The proposed project meets the required building setbacks of thirty-five (35) feet from Newport Avenue and twenty (20) feet from Del Amo Avenue. 3. Exterior materials and colors — The proposed exterior materials and colors are appropriate for the area in that the design provides a contemporary appearance and visual statement that engages passersby and visitors with its simple lines and glass exterior. 4. Type and pitch of roofs -- The proposed roof design is compatible in that Resolution No. 4380 Page 5 it Is flat with adequate parapet and equipment screening to fully screen roof top equipment, 5. Size and spacing of windows, doors, and other openings —The proposed building designs utilize the glass material for windows, walls and doors and essentially creates an inviting appearance from all angles of the buildings, 6. Towers and roof structures — The proposed parking structure includes elevator towers and are compatible with the overall architectural designs in that the towers are designed with colors and glass material that match the office and bank branch buildings. 7, Location, height, and standards of exterior illumination - The proposed site illumination, as conditioned, will be compatible with the building architecture and complement the site improvements and landscaping. As conditioned, the prcject�will comply with site illumination standards and confine the lighting onto the property. 8. Landscaping, parking area design, and traffic circulation — The proposed landscaping, as conditioned, shall comply with the Water Efficient Landscape Ordinance requirements and the design includes accent trees to create visual interest. The proposed parking areas and circulation have been reviewed and determined to be in substantial compliance with City requirements. 9, Location and appearance of equipment located outside an enclosed structure — As proposed and conditioned, equipment shall be fully screened with the building parapet, equipment screening or landscaping screening. 10. Location and method of refuse storage — As conditioned, the trash enclosure will provide adequate room for trash bin storage and easily allow for trash collection services. 11. Physical relationship of proposed structures to existing structures in the neighborhood -- The proposed building locations are compatible with existing structures in the project site in that appropriate separation between the buildings are provided, creating' a.visual margin to showcase the new office building while being within a short walk to the other buildings in the office campus. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares — The proposed buildings and structure are compatible with existing and possible future structures in that the building is contemporary in design, its circulation is integrated among all the subject properties and the building placement and landscaping will enhance the corner street view. Resolution No. 4380 Page 6 . 13. Development Guidelines and criteria as adopted by the City Council — The proposed project, as conditioned, complies with development standards, improves a vacant parcel with contemporary buildings and site improvements, and optimizes the use of the properties. L. That on-site security measures will be installed and implemented and that the City's Police Department has reviewed the application and, as conditioned, has no concerns. M. That a public hearing was duly called, noticed, and held on said application on March 26, 2019, by the Planning Commission. On March 26, 2019, the Planning Commission tabled Item to allow for sufficient time to finalize the associated Disposition and Development Agreement and Reimbursement Agreement between the City and applicant. N. That a public hearing was duly called, noticed, and held on said application on June 11, 2019, by the Planning Commission, 0. On December 18, 1990, the Tustin City Council certified Final Environmental Impact Report (FEIR) 90-1 for the PCESP. On May 5, 2003, the City Council approved Supplement #1 to FEIR 90-1 for the PCESP. The FEIR, along with its supplement, is a Program EIR under the California Environmental Quality Act (CEQA). The FEIR considered the potential environmental impacts associated with the development of the PCESP. An Environmental Checklist attached hereto as Exhibit B has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant Impacts in the FEIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIR. The Planning Commission hereby recommends that the City Council approve DA 2018- 00001, CP 2018.00001, LLA 2018-00003, DR 2018-00023 and CUP 2018-00015 for Joint Use Parking, for the development of an office campus Including a 180,000 square -foot office building, 5,000 square -foot retail bank branch building, four (4) level parking structure and associated site improvements within Planning Areas 7, 9, 11 and 14 of the PCESP subject to the conditions attached hereto as Exhibit C. 1 Resolution No. 4380 Page 7 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the June 11, 2019, ATEVEWMAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No, 4380 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 th day of June, 2019. P1 ANNINn COMMISSIONER AYES: Gallagher, Jha, Kozak, Mason, Thompson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary 1 RESOLUTION NO. 4380, EXHIBIT C CONDITIONS OF APPROVAL DEVELOPMENT AGREEMENT (DA) 2018-00001, CONCEPT PLAN (CP) 2018-00001, LOT LINE ADJUSTMENT (LLA) 2018-00003, DESIGN REVIEW (DR) 2018-00023, CONDITIONAL USE PERMIT (CUP) 2018.00015 GENERAL PRIMARYADDRESS: 15332 NEWPORT AVENUE SECONDARY�.ADDRESSES: 15442 NEWPORT AVENUE, 15222 DEL AMO AVENUE, 1200 EDINGER AVENUE AND PARCEL 6 OF PARCEL MAP 2010-127 (APN 430-251-28) The proposed use shall substantially conform with the submitted plans for the project date stamped 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. The Director of Community Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. (1) 1.2 This approval shall become null and void 'unless substantial construction is underway within twelve (12) months of the date of this Exhibit unless a longer period is authorized by Development Agreement 2018-00001. All time extensions may be considered by the Community Development Director if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval' by the Community Development Department. (1) 1.4 Approval of Development Agreement (DA) 2018-00001, Lot Line Adjustment (LLA) 2018-00003, Concept Plan (CP) 2018-00001, Design•Review (DR) 2018- 00023 and Conditional Use Permit (CUP) 2018-00015 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION 1 1 Resolution No. 4380 — Exhibit C Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attomey fees, subject to the applicable notice, hearing, and appeal process as, established by the City Council by ordinance. (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking and/or traffic problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis and/or traffic study and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: a. Implement staggered work hours. b. Provide additional parking. c. Implement traffic control measures. (1) 1.8 As a condition of approval of DA -2018-00001, LLA -2018-00003, CP -2018-00001, DR -2018-00023 and CUP -2018-00015, 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 flied against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. *** 1.9 This approval shall become null and void if the associated Disposition and Development Agreement is not approved and executed, 1 4,11,4{µp ) 1 1 .:r1,,. *'t 1.10 The applicant shall comply with executed DA -2018-00001 and associated Disposition and Development Agreement. ARCHITECTURE AND SITE DESIGN (2), 2.1 The project site is allowed a maximum development capacity of 451,715 square (4) feet of building floor area in accordance with the development capacity for Planning Areas 7, 9, 11 and 14 as determined in the Pacific Center East Specific Plan. The project site shall not exceed the development capacity Resolution No. 4380 — Exhibit C Nage 3 unless required revisions, amendments, analyses are conducted and City approvals are obtained. (1) 2.2 Project materials shall substantially comply with those identified in the approved plans (as such plans may be modified pursuant to the Conditions of Approval). Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (1) 2.3 All roof access shall be provided from inside the building. (1), 2.4 No exterior downspouts shall be permitted. All roof drainage shall utilize interior (4) piping and may have exterior outlets into landscape areas at the base of the building and/or vehicular areas at the curb face. Alternative design and locations shall be subject to review and approval of the Community Development Department. Any roof scuppers shall be installed with a special lip devise so that overflow drainage will not stain the walls. (4) 2.5 All exposed metal flashing or trim shall be painted to match the building. (4) 2.6 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas and in accordance with approved plans. No rooftop mounted equipment shall be visible from public view. Compliance with this condition shall be verified at plan check and at field Inspection. (4) 2.7 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to buildings. landscaping shall be utilized to screen the devices where possible. (1), 2.8 Utility meters located outside of the building shall be screened with landscaping (4) to the greatest extent possible. Electrical transformers shall be in areas with room for landscape screening to be planted outside the required access space. (1) 2.9 No outdoor storage shall be permitted except as approved by the Community Development Director., (1) 2.10 Dual use loading area/parking spaces shall have signage indicating the time periods in which the area is reserved for loading and unloading, and parking is prohibited. *** 2.11 Freestanding walls and fencing shall be treated with graffiti -resistant coating. 1 Resolution No. 4380 — Exhibit C Page 4 MASTER SIGN PLAN (4) 3.1 The applicant shall submit a master sign plan that addresses center identification, business identification and wayfinding for the project that is in accordance with the PCESP and/or the TCC. Said plan shall be designed in accordance with both documents and shall be subject to the review and approval of the Director of Community Development and/or Planning Commission. The Director of Community Development may approve modifications to the master sign plan that are consistent with the intent of the Tustin City Sign Code. Such modifications shall be accompanied with findings to support said decision. (1) 3.2 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1) . 3.3 All signs shall conform to the approved Master Sign Plan and revert to the City of Tustin Sign Code for any issues that remain silent in said Plan. (1) 3.4 All signs shall be structurally safe and maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (1), 3.5 All signs shall be constructed of a non -corrosive, rust -resistant finish so as not (4) to degrade in adverse weather conditions. (1) 3.6 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be' shown at a larger scale that will be adequate for plan check purposes. ,LANDSCAPEIHARDSCAPE (1), 4.1 Landscaping design shall comply with the Tustin City Code, Water Efficient (6) Landscape Ordinance and Pacific Center East Specific Plan. 1 Resolution No. 4380 - Exhibit C Page 5 (1), 4.2 At plan check, the applicant shall provide complete detailed landscaping and (6) irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: a. Include a summary table identifying plant and hardscape materials. The plant table shall list botanical and common names, plant symbol legend, sizes, spacing, location, and quantity of the plant materials proposed. b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, ,sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. Trees shall be minimum 24 -Inch box sized trees. Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. e. Shrubs shall be a minimum of five (5) gallon size and be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. f. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. g. Equipment areas shall be screened with walls, vines, and/or trees, subject to review and approval of the Community Development Department. h. Tree planter details including material, color and design, are subject to review and approval by Community Development Department. (6) 4.3 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. (1), 4.4 The landscape plans shall note that coverage of landscaping and Irrigation (6) materials is subject to inspection at project completion by the Community Development Department. (1), 4.6 All plant materials shall be installed in a healthy vigorous condition typical to (6) 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. (6) 4.6 Root barriers shall be installed as needed in areas where trees are planted in close proximity to hardscape and/or structures. Resolution No. 4380 — Exhibit C Page 6 JOINT -USE PARKING (1) 5.1 A minimum of 1,407 parking spaces within the project area (bounded by Valencia Avenue, Newport Avenue, Del Amo Avenue, Edinger Avenue and BNSF Railroad right-of-way) shall be maintained at all times. Any reduction of onsite parking, change of tenant spaces/uses, modification of parking lot and/or circulation shall be reviewed and approved by the Community Development Department. *** 5.2 Surface parking spaces shall have minimum dimensions of nine (9) feet wide by nineteen (19) feet long, including maximum two (2) feet overhang. Parking spaces within the parking structure shall have minimum dimensions of nine (9) feet wide by eighteen (18) feet long. (1) 5.3 Prior to issuance of permits, a recorded reciprocal access and parking agreement shall be drawri' to the satisfaction of the City Attorney and Community Development Director and executed by all property owners prior to final inspection. The agreement shall be recorded on all parcels subject to the agreement. 5.4 Vehicles queuing to enter the gated parking lot areas shall riot result in vehicle queuing in the public right-of-ways. If peak times result in queuing impacts to the public right-of-ways, the applicant shall keep gates open to mitigate the impact during peak times. (5) 5.5 Prior to final inspection, the applicant shall submit a parking management plan that addresses parking lot access, security, visitor parking, and retail bank branch parking. (1) 5.6 CUP -2018-00015 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP -2018- 00015, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (2), 5.7 Prior to building final, the applicant shall submit a Transportation Demand (5) Management (TDM) plan for review and approval by Public Works Department. IMPROVEMENTS AND USE RESTRICTIONS FOR 1200 EDINGER AVENUE **� 6.1 The building located at 1200 Edinger Avenue is currently used as a storage facility with ancillary offices and is a legal nonconforming use. Any vacancies of the Resolution No. 4380 — Exhibit C Page 7 building shall trigger the requirement for a conforming use pursuant to the Pacific Center East Specific Plan. (5) 6.2 The applicant, tenant and/or property owner shall be prohibited from subleasing the property to a Speck Plan nonconforming use, Any subleases shall be a Specific Plan conforming use. *** 6.3 Proposals to redevelop the property shall be designed to comply with applicable City, State and federal requirements at the time of entitlement application submittal, permit application submittal and/or permit Issuance. (5) 6.4 Landscaping on 1200 Edinger Avenue shall be installed within three (3) years of the Effective Date of DA -2018-00001. Landscaping shall consist of above ground planters on Del Amo Avenue and in -ground landscaping along Edinger Avenue. (5) 6.6 The building shall be painted and improved in accordance with DA -2018-00001 within three (3) years of the Effective Date of the DA. The paint scheme and colors shall be reviewed and approved by the Community Development Department prior to implementing improvements. PLAN SUBMITTAL (1), 7.1 At the time of building or encroachment permit application, the plans shall comply (3) with the latest edition of the codes, City Ordinances, State,, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1), 7.2 All architectural, mechanical, electrical, plumbing and structural plans shall be (3) submitted as one package at time of permit application submittal. Six (6) sets of plans, two (2) copies of structural calculations, two (2) copies of Title 24 and two (2) copies of soils reports are required. Four (4) copies of grading plans are required. Additionally, provide a copy of grading plans with the building plans for reference. (1) 7.3 Pursuant to the Tustin Security Code, walkway areas shall have minimum 0.25 - foot candle illumination and parking surfaces and private drives shall have minimum 1 -foot candle illumination. (3) 7.4 Electric Vehicle Charging: [CGBC 5.106.5.31 a. Provide charging space requirements per 5.106.5.3.1 or 5.106.5.3.2. b. Provide amount of spaces per Table 5.106.5.3.3. c. Provide identification per CGBC 5.106.5.3.4. d. .Where electric vehicle charging stations (EVCS) are provided, they shall comply with CBC 1113- 812 and Table 11 B-228.3.2.1. Resolution No. 4380 — e=xhibit C Page 8 (3) 7.5 At plan check submittal, the applicant shall show that the project is in compliance with TCC Section 8104(r) regarding "Emergency responder radio coverage". Prior to issuance of the Certificate of Occupancy, the applicant/developer shall provide evidence that the project is in compliance with TCC Section 8104(r). (3) 7.6 All new structures shall provide adequate radio coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communication System. Further, the applicant/owners or tenants shall maintain a reasonable standard of reliable radio communication within their buildings and structures once a certificate of occupancy is issued or a final inspection is conducted. For the purposes of this section, adequate radio coverage shall include those specifications in the City of Tustin Public Safety Radio System Coverage Specifications set forth in Chapter 10, Section 8958 of the TCC, even if the project is exempt from. Section 8958 (City of Tustin Public Safety Radio System Coverage Specifications). GRADING AND DRAINAGE (1) 8.1 All private on-site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official, Said plans shall include, but not be limited to, the following: a. Curbs and gutters on all streets; b. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; c. Drive aprons; d. Signing/striping plan; e. Street lighting; Street and drive aisle paving; all 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; g. Catch basin/storm drain lateralstconnections to the public storm drain system with approval of the City of Tustin; h. Domestic water facilities: The domestic water system shall be designed Resolution No. 4380 — Exhibit C Page 9 and installed to the standards of the City of Tustin, 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; i. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and East Orange County Water District (EOCWD). These facilities shall be consistent with the standards of the EOCWD; j. Underground ,utility connections: All utility lines shall be placed underground by the developer; k. Fire hydrants; Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. m. The applicant shall be responsible for connection of the project to public utility systems. The applicant shall provide applicable easements for any new utilities on private property 8.2 At the time of grading and building permit application, the plans shall incorporate recommendations identified In the Geotechnical Investigation report dated May 15, 2017, produced by Sladden Engineering. (1) 8.3 Prior to issuance of a Grading Permit, ,a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The grading plan shall be consistent with the approved site and landscaping plans. (1) 8.4 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to (S) the City) Will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. Resolution No. 4380 — Exhibit C Page 10 (5) 8.8 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 8.7 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. WATER QUALITY MANAGEMENT PLAN (1), 9.1 This development shall comply with all applicable provisions of the -City of (5) Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval. by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP).' The Final WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 9.3 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan toFund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk -Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. STREET IMPROVEMENTS (1) 10.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 10.2 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this, development. (1) 10.3 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this Resolution No. 4380 — Exhibit C Page 19 type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 10.4 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. *** 10.5 The applicant shall be responsible for designing and constructing the following public improvements: TRAFFIC SIGNAL Facility # bescri tion 1 Traffic signal at intersection of Property driveway and Newport Ave. with associated apparatus 2 Left turn pocket on Newport Ave. Into Property 3 Double left turn pocket on Newport Ave. into APN 430-251- 23 4 Driveway improvements on APN 430-251-23 5 Relocation of catch basin on Newport Avenue, installation of new 24" RCP storm drain line 6 Re -design of existing medians on Newport Ave, due to signal and,turning enhancements MEDIAN IMPROVEMENTS Facili # Description 7 Landscaping (incl. Irrigation and laterals) of Newport Ave. medians adjacent to Property 2 total 8 Landscaping (incl. irrigation and laterals) of Newport Ave. medians adjacent to APN 430-251-25 2 total 9 Landscaping (incl. irrigation and laterals) of Del Amo Ave. median 0 total SIDEWALK IMPROVEMENTS Facili # Description 10 New sidewalk and landscaping on Newport Avenue from Valencia to Del Amo 11 New sidewalk on Del Amo from Newport Ave to SchoolsFirst driveway WATER IMPROVEMENTS Facility # Description 12 Water laterals (domestic and fire) from point of connection in Newport Ave. and Del Amo Ave. to private property. n 1 1 F-, Resolution No. 4380 — Exhibit C Page 12 WATER IMPROVEMENT (1) 11,1 Proposed water improvements must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 11.2 In accordance with the pians, a backflow prevention device is required to protect the public water system from cross connections. a. A double check detector assembly (DCDA) is required and an easement for public utility access purposes shall be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b. The applicant shall provide a backflow prevention device at his or her expense to prevent cross contamination between the buildings' and parking structure's fire sprinkler system and the public water system. c. If the applicant proposes to use a landscape irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross - connection with the public water system. (1) 11.3 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk -Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1) 11.4 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1) 11.5 The applicant's project is within the East Orange County Water District (EOCWD) service area. A release/approval from the EOCWD shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD and is responsible for all application, connection and other EOCWD fees. (1), 11.6 The adequacy of a proposed water system plan for a proposed development (6) project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. Resolution No. 4380 — Exhibit C Page. 13 (1) 11.7 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE AND RECYCLING (1) 12.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's'requirement (City Code Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the; California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of 5 percent of the project's valuation'as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code, c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 12.2 Facility Solid Waste Collection and Recycling Plan a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c, Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. Adequate collection capacity shall be provided to insure that collection frequency shall not exceed four (4) times per week for commercial customers. e, All trash enclosures shall be designed with roof and be able to accommodate at least two (2) 4 -yard bins, with at least one (1) bin reserved for recyclable materials. f. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. g, Businesses that will be large generators of organic waste such as food scraps, must also have room for a 35 -gallon, 60 -gallon or 2 -cubic yard Resolution No. 4380 — Exhibit C Page 14' collection receptacle as part of the State required organics diversion program. NOISE (1) 13.1 All activities, including construction -related noise activities, shall comply with the City's Noise Ordinance. (1) 13.2 All rooftop mounted HVAC equipment should be fully shielded or enclosed from the line of site of adjacent residential uses. Shielding/parapet wall should be at least as high as the equipment. (2) 13.3 The project shall comply with Calgreen Building Standards Code requirements of California Code of Regulations Title 24, ParT 11, Section 5.507.4.1.1: "Buildings exposed to a noise level of 65 dB Ley -1 -hr during any hour of operation shall have building, addition or alteration exterior wall and roof -ceiling assemblies exposed to the noise source meeting a composite STC rating of at least 45 (or OITC 35), with exterior windows of a minimum STC of 40 (OITC 30).1$ *** 13.4 Construction vehicles/equipment engine idling time for all trucks to five (5) minutes or less. (1) 13.5 Noise sources associated with construction, repair, remodeling, or grading of any real property must take place between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and the hours of 9:00 a.m, and 5:00 p.m. on Saturdays, excluding City observed federal holidays. (1) 13.6 Trucks, vehicles and equipment that are making or are involved with material deliveries, loading- or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on or adjacent to said sites outside of the approved hours for construction activity. *** 13.7 No impact pile driving activities shall be allowed on the project site. **" 13.8 During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devises and equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. Idling equipment should be turned off when not in use. *�* 13.9 The contractor shall locate staging area, generators and stationary construction equipment as far from the adjacent office buildings as reasonably feasible. 11 Resolution No. 4380 — Exhibit C Page 15 PUBLIC WORKS DEPARTMENT (1) 14.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (5) 14.2 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the EOCWD for sanitary sewer service connections. (1) 14.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development on any parcel within the project site. (5) 14.4 Construction vehicular/equipment operations shall be scheduled to minimize obstruction of through traffic lanes on Valencia Avenue, Del Amo Avenue and Newport Avenue. POLICE DEPARTMENT *** 15.1 Prior to final occupancy, the applicant shall provide a security plan to the Police Department for review. ORANGE COUNTY FIRE AUTHORITY (5) 16.1 Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required, the applicant shall submit and obtain approval for the following: a. Fire master plan (service code PR145). b. Temporary fire access (PR150) - if phasing fire access during construction. (5) 16.2 Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required, the applicant shall submit and obtain approval for the following: a. Gates (service code PR180) —if not included in the fire master plan. b. Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475). Resolution No. 4380 — Exhibit C Page 16 c. Architectural (service code PR200-PR208). d. Battery systems (service code PR375) — for UPS or electric carts/cart charging if over 50 gallons aggregate of electrolyte or. 1,000 pounds of lithium -ion. e. Storage of flammable/combustible fuel (service code PR300) — Generator fuel tank, if over sixty (60) gallons. (5) 16.3 Prior to concealing interior construction, the applicant shall submit and obtain approval for the following: a. Fire alarm system (service code PR500-PR520) b. Fire sprinkler system (service code PR420-PR440) c. Standpipe systems (service code PR460) d. Hood and Duct fire extinguishing systems. (5) 16.4 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on "Business 4 Planning & Development Services" in the menu bar at the top of the screen. (5) 16.5 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five (5) days in advance by calling OCFA inspection Scheduling at (714) 573-6150. (5) 16.6 Preconstruction Meeting: Before commencement of construction, the applicant or responsible party shall attend a pre -construction meeting with an OCFA inspector. Call OCFA Inspection Scheduling at (714) 573-6150 at least five (5) days in advance to schedule and pay for the pre -construction meeting. (5) 16.7 Lumber -drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. Resolution No. 4380 -- Exhibit C Page 17 COVENANTS. CONDITIONS & RESTRICTIONS_CCC&RSJ (5) 17.1 All organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be bome by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office prior to issuance of building permits. •A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. (5) 17.2 Prior to issuance of Certificate of Occupancy, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and'City Attorney's Office. Costs for such review shall be bome by the applicant. CC&Rs shall include but not be limited to the following provisions: a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CUR 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. b. The requirement that a property owners committee be established. c. Provisions for effedtive establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas, walls and fences, and hardscape areas. d. Membership in any Property Owners Committee shall be inseparable from ownership in individual parcels. e. Maintenance standards shall be provided in the CC&Rs. Examples of maintenance standards are shown below: All common area and private landscaping areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neigh boring'prbperties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. 2. All private roadways, sidewalks and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. 3. Common areas and landscape 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 Resolution No. 4380 — Exhibit C Page 18 absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. f. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the TCC and PCESP zoning district. g. Property Owners Committee 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. h. In order to achieve the appropriate balance of harmonious and diverse design within the project, all plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. The CC&Rs shall provide for an adequate means of ensuring compliance with this requirement, such as, by way of example only, property owner association approval of exterior improvements prior to requesting a building permit from the Community Development Department. 1, All utility services serving the site shall be installed and maintained underground. j. The Association shall be responsible for establishing procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. k. No amendment to alter, modify, terminate or change the Committee's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) 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. I. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, trash enclosures, landscaped areas, walls and fences, private drives and walkways, etc,.. Maintenance standards shall also be provided. m. Provision for a Parking Management Plan to include a "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the property owners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. The continued availability of the minimum 1,407 parking spaces designated for common use and the availability of reciprocal access easements ensuring access to the public rights-of-way. Resolution No. 4380 — Exhibit C Page 19 2. Permanent reciprocal parking, reciprocal access and parking enforcement. 3. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, shared parking, loading areas, etc. 4. Assigned and unassigned parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit." n. The property association shall be required to file the names, addresses, and telephone numbers of at least one member of the property association Board and, where applicable, a manager of the project before January 1st of each year with the Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. (1) 17.3 All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. All trees shall also. be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. *** 17.4 The CC&Rs shall include provisions that reference the property owner obligations to establish and maintain a Water Quality Management Plan (see Conditions 9.1, 9.2 and 9.3) and Transportation Demand Management Plan (see Condition 18.1d). ENVIRONMENTAL MITIGATION (2) 18.1 The applicant and project shall be subject to the following Pacific Center East Draft Environmental Impact Report (August 1990) and Final Environmental Impact Report (November 1990) Mitigation Measures, Mitigation measures from the Final Environmental Impact Report are distinguished in italics: a. ' Section 3.1 — Land Use Mitigation I. Measure 2: Community Development shall review each site to ensure that it conforms to ensure that it conforms to the approved development standards and land use concepts included in the specific plan. b. Section 3.2 — Geology/Soils Mitigation i. Measure 1: A comprehensive geotechnical and soils investigation shall be performed by any developer on each individual building site to develop preliminary soils engineering Resolution No. 4380 — Exhibit C Page 20 design data to be reviewed and approved by the Community Development Department. ii. Measure 2: The Community Development Department shall review grading plans to assure a minimum of 2.0 feet of compact fill soil beneath the bottom of proposed foundations is provided for one- and two-story structures. iii. Measure 3: The Community Development Department shall review building plans to assure that foundation depths of one- to three-story structures are 24 inches below grade due to the expansive soil conditions within the majority of the parcels. The depths of foundations for structures shall be commensurate on the maximum loads generated. iv. Measure 4: The Community Development Department shall require that all foundations Include reinforcement, as shall slabs on -grade and concrete flatwork. A bearing value on the order of 2,000 pounds/square foot (with increases as applicable) will be anticipated for proportioning conventional foundation design, v. Measure 6: The Community Development Department shall review the. proposed pavement'R' values, if possible, toward the end of grading operations when the upper 2.0 feet of the soil are identified. The reason is due to the variety of soils encountered within the parcels and the possibilities of soils being blended or imported during grading operations. vi. Measure 7: All structures will be developed in accordance with the seismic design provisions of the Uniform Building Code and monitored during plan check and consideration by the Community Development Department. vii. Measure 8: Prior to issuance of grading permits, any developer shall submit a pesticidesttoxicity report acceptable to the Community Development Department which .identifies any pesticide "hot spots" and recommends procedures for necessary soil mixing or removal. viii. Measure 9: If any archeological remains are uncovered during excavation or construction, work in the affected area shall be suspended, In such an event, a recognized specialist from an established institution (eg, the UCLA Department of Archeology) shall be hired by the applicant to conduct a survey of the affected area. All actions taken under this measure will be in accordance with Appendix K of the State CEQA Guidelines. c. Section 3.3 — Hydrology Mitigation I. Measure 2: Final grading shall conform to the drainage concept of the specific plan to ensure that project storm runoff does not exceed the capacity of local storm drain systems. Resolution No. 4380 — Exhibit C Page 21 ii. Measure 4: Onsite flooding shall be prevented by redirecting the flow to locations with adequate drainage facilities and by pumping during peak events. iii. Measure 6: Soil on graded slopes shall be strengthened by planting in accordance with landscape concept plan presented in the specific plan. Straw, wood chips, or plastic should be used as stabilizing agents in the interim period before the groundcover takes hold. d. Section 3.5 -- Transportation/Circulation Mitigation; L Measures 3: Each development subject to regulation shall submit a Transportation Demand Management (TDM) program conforming with the California State Air Quality Management District's (AQMD) Regulation 45 to the AQMD and to the City, prepared by a qualified ride -share coordinator. This sets forth the actions employers must take to promote employee participation in a trip reduction and ridesharing program. These programs are intended to reduce emissions from vehicles and to increase the average vehicle ridership (AVR) for commuting between home and the work site. The TDM program shall be carried out by an onsite transportation coordinator who shall have a permanent mailing address, daytime telephone and office within the employment center. Increased AVR may be achieved by various strategies, of which the following are examples: • Direct financial incentives for ridesharing; • Establishment of carpool, buspool, or vanpool programs; • Full or partial subsidization of parking for ridesharing employees; • Full or partial subsidization of carpools, vanpools, buspools, shuttle or use of public transit; • Provisions of an allowance for employees to utilize company-owned fleet vehicles for ridesharing purposes; • Preferential parking for vehicles using ridesharing; • Facility improvements which provide preferential access and/or egress for ridesharing employees; • Facility improvements to encourage use of bicycles (showers, bike racks, etc.); • Active use of a computerized rideshare matching service such as the Orange County Transportation Authority Rideshare program, or an effective inhouse rideshare matching service; Resolution No. 4380 — Exhibit C Page 22 • Compressed work weeks such as a 4190 or 9/80 work schedule where employees work 40 hours In fewer than five days in one week or 80 hours in fewer than ten days in two weeks; • Work hours that facilitate employee ridesharing. • Telecommutingor work at home; • Provisions for the construction and/or placement of a transit waiting shelter, bus shelter, transit stop or bus stop at the public right-of-way on established transit routes adjacent to the project, including granting of any easement necessary to accommodate the shelter, • Provisions for bus or transit turnouts along a bus, tram or transit route; • Before or after work programs such as a meal, exercise, educational, entertainment, and rest facilities, In addition to any AQMD, Regulation XV requirements and prior to issuance of building permits for any phase of a development within the specific plan and generating more than 100 employees, the applicant shall develop a TDM program for the entire development site proposed including any anticipated phasing and submit such plan to the City of Tustin. The TDM must be designed to reduce trips to achieve 1.5 average vehicle ridership (AVR) and may include but is not limited to those measures cited in mitigation measure #3 above. a. Single-phase development projects shall achieve TDM objectives within five years of issuance of any certificate of occupancy. Multi -phased projects shall achieve the objectives for each phase within three years of the issuance of any certificate of occupancy. b. An applicant may perform the TDM programs through tenants orlessees in the.project. However, agreements that tenants or lessees will so perform shall not relieve applicant or its successors of that duty to perforin or require performance. d. An applicant shall submit an annual status report on the TDM program to the City of Tustin beginning a year after the issuance of any certificate of occupancy. The report shaft be prepared in the form and format designated by the City of Tustin which must either approve or disapprove the program within 60 days. The TDM Performance Reports shall focus on fidesharing and trip reduction incentives offered by the project and shall consist of a report that 1) estimates AVR levels attained; 2) verifies that the plan incentives have been offered; Resolution No. 4380 — Exhibit C Page 23 3) describes use of those incentives offered by employers; 4) evaluates why the plan did or did not work, and an explanation of why the revised plan is likely to achieve the AVR target levels; and, 5) lists additional incentives which can be reasonably expected to correct deficiencies. In the event that TDM objectives contained in this mitigation measure are not met, the City of Tustin shall notify the property owner (in writing) of failure to comply. if the TDM performance objectives are not satisfied, the property owner shall either. 1) Submit to the city within 30 days of notification by the city a list of TDM measures that will be implemented to meet the TDM objectives within 180 days of written notification by the City of Tustin. At the end of the 180 -day period, the property owner shall submit a revised performance report to determine compliance with TDM objectives. No further measures will be necessary if the TDM objectives are met 2) Should the TDM objectives not be satisfied by the end of the 180 -day period, the property owner(s) shall pay a TDM penalty fee to the City of Tustin in an amount determined by the city. Said penalty fee shall be used to improve street capacity through construction of physical improvements to be selected by the City -of Tustin from the list of areawide improvements identified in the Pacific Center East Specific Plan E/R. 3) Penalty fee per item number 1) above. e. Appeal of any discussion regarding TDM -- Mitigation measures contained herein may be brought forward to the City Council for resolution. e. Section 3.6 — Air Quality Mitigation i. Measure 1: Upon grading plan review, the Community Development Department shall indicate to the developer when construction periods are prohibited. The impact of short-term construction -generated emissions shall be reduced to the extent feasible by the following measures: • Construction -related dust shall be reduced, particularly during the driest summer months, by periodically Resolution No. 4380 — Exhibit C Page 24 watering and by paving the area proposed for parking as soon as practical. • No grading shall take place when wind velocity in the vicinity exceeds 15 miles per hour. • Grading shall be prohibited during second -stage smog alerts. ii. Measure 2: Development of the project shall comply with all existing SCAQMD rules and regulations. SCAG and AQMD shall monitor compliance, iii. Measure 3: In order to reduce motor vehicle emissions, project employers with over 100 employees shall prepare a TDM program as required by SCAQMD Regulation XV. In addition, all employers with 50-100 employees shall participate in a mandatory TDM after 1995 and may participate in a voluntary TDM program required of the applicant prior to 1995. However, changes in Rule XV may supersede these requirements. Additional TDM mitigations are required in Section 3.5. SCAG and Public Works are responsible for monitoring compliance. iv. Measure 4: As well as preparation of a TDM program, the following measures shall be implemented in accordance with SCAQMD Regulation XV to reduce motor vehicles emissions. Preferential parking for vanpools in parking structures. v. Measure 7: The applicant shall operate street sweepers on paved roads adjacent to the site, based on guidelines provided by Public Works. vi. Measure 8: Construction parking shall be contiguous to minimize traffic interference. Section 3.7 —Acoustic Environment Mitigation L Measure 1: Construction and demolition activities will take place only during the hours and at the levels specified in the City of Tustin Noise Ordinance. Construction equipment servicing and maintenance will be permitted onsite during these hours provided that such servicing and maintenance is not in close proximity to residential areas. ii. Measure 2: Construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained muffler exhaust systems. iii. Measure 4: When building permits are submitted, all applications shall be reviewed by Community Development for compliance with the most recent John Wayne Airport noise regulation. g. Section 3.8 — Public Services Mitigation Measures (as applicable to the current utility provider) Resolution No. 4380 — Exhibit C Page 26 I. Police 1: If determined to be necessary by the Tustin Police Department, onsite security personnel will be required. Ii. Police 2: The Community Development Department shall assure project design includes requirements of the Uniform Security Code as amended by the City, including provision of proper lighting to reduce darkened areas, adequate building addressing, sensitive review of landscaping to ensure it does not provide dense cover, and buildings which have passive and/or over surveillance opportunities. iii. Fire 1: If uses are proposed onsite which include storage or use Of toxic materials, all handling and storage of toxic materials shall comply with Orange County Fire Authority and City regulations for hazardous and toxic materials. Community Development Department and the Orange County Fire Authority shall assure compliance. iv. Fire 2: All development shall be required to comply with all OCFA requirements related to fire flow, installation where required of fire hydrants and compliance with all requirements related to construction. V, Water Services i. Measure 1: Landscaping irrigation systems should be controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. ii. Measure 2: Plumbing fixtures to reduce water usage and loss should be utilized (ie., low volume toilet tanks, flow control devices for faucets, etc.) in accordance with Title 24 of the California Administrative Code. Iii. Measure 3: Drought -tolerant plants should be incorporated into project design from the plant palette in the specific plan whenever possible. iv. Measure 4: The onsite water system improvements ' including 12 -inch mains in Edinger Avenue and Newport Avenue and fire hydrants, meters and back-flow prevention devices, if required, shall be installed by each development at developer's expense and in conformance with plans and specifications approved by the City of Tustin Water Services Division. vi. Wastewater I. Measure 1: Efforts should be made in cooperation with the City of Tustin and other agencies to reduce flows to the [East orange County Water District] facilities in order to ensure set discharge limits for biochemical oxygen demand and suspended solids are not exceeded. ii. Measure 2: The City will require any developer to pay for any wastewater system improvements necessitated by any proposed development project. Such payment could Resolution No. 4380 — Exhibit C Page 26 be subject to reimbursement by other developers benefitting from such improvements. vii. Solid Waste Disposal L Measure 1: Access for garbage trucks, locating stationary trash compactors in individual buildings in order to minimize waste hauling demand, and providing and maintaining solid waste storage areas in accordance with City of Tustin requirements. ii. Measure 2: Project design should provide for recycling containers in close proximity to other refuse containers. Iii. Measure 3: Concurrent with review of certificate of occupancy application, tenants occupying more than 50,000 square feet shall file a waste reduction plan with the Public Works Department. iv. Measure 4: Proposed design should include means to reduce waste materials generated during construction (eg., recycling cardboard/paper, recycle or reuse scrap lumber). v. Measure 5: Provisions for trash enclosures for all purposes is required by the specific plan, viii. Natural Gas 1. Measure 1: Individual developments should consult with Southern California Gas Company to incorporate energy conserving systems and design features into their projects. ii. Measure 2: Community Development shall review plans to assure all buildings shall comply with standards contained in Title 24 of the California Administrative Code. ix. Electrical Service I. Measure 1: The project developer will be responsible for the construction of any street lighting, underground facilities, or other structures required by the Public Works Department for the project. ii. - Measure 2: Community Development shall review all plans to assure all structures are designed in accordance with Title 24 of the California Administrative Code. iii. Measure 3: Individual developments should consult with Southem California Edison to incorporate energy conservation measures into the project. x. Telephone Service I. Measure 1: Pacific Bell [or applicable utility provider] shall review plans to assure appropriate easements will be provided for any new telephone facilities required. Resolution No. 4380 — Exhibit C Page 27 ii. Measure 2: Service provided will be in accordance with the rules and regulations on file with the Public Utilities Commission. xi. Schools: IN- i. Measure 1: Any development is required to participate in funding of school facilities through the existing school facility fee program, or execution of some other voluntary agreement with the school district as a condition of issuance of building permits. The agreement shall be filed with Community Development prior to issuance of building permits. xii. Cable Television i. Measure 1: Cable television franchises shall review plans to assure appropriate easements will be provided for any new cable television facilities required and submitted concurrent with street improvement plans, h, Section 3.9 —Aesthetics 1. Measure 1: Community Development shall review plans for compliance with the Signage Concept in the specific plan to ensure project lighting is not directed into adjacent residential areas. ii. Measure 4: All mechanical equipment shall be screened. FEES (1) 19.1 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 1n the amount of fifty dollars ($50.00) to enable the City to Me the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. (1), 19.2 Prior to issuance of building and/or encroachment permits, payment shall be (5) made of all applicable fees, including but not limited to, the following: a. Building and Planning Plan Check and Permit Fees b. Public Works Fees c. Orange County Fire Authority Fees d. East Orange County Water District e, New Development Fees Resolution No. 4380 — Exhibit C Page 28 f. School District Fees (1), 19.3 Prior to issuance of a Building Permit(s), payment of the most current Major (6) Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 131 of each year, (1) 19.4 The applicant shall make the required deposits for plan check and permit issuance in accordance with the City's most recent fee schedule, or as otherwise required by DA -2018-00001. 1 1