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HomeMy WebLinkAboutSUPPLEMENTAL ITEM #3 PC RESO NO. 4402 SUPPLEMENTAL ITEM #3 PLANNING COMMISSION RESOLUTION NO. 4402 RESOLUTION NO. 4402 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 2020-0001 AND CONDITIONAL USE PERMIT 2020-0002 FOR THE CONSTRUCTION OF A TWO-STORY, 50,000 SQUARE FOOT MEDICAL BUILDING WITHIN A PORTION OF PLANNING AREA 1 OF NEIGHBORHOOD A OF THE TUSTIN LEGACY SPECIFIC PLAN. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review (DR) 2020-0001 and Conditional Use Permit (CUP) 2020-0002 was filed by ACS Development Group Inc. requesting authorization to construct a two-story, 50,000 square foot medical building and other site improvements within portion Planning Area 1 (subareas PA 1-H and 1-K) of the Tustin Legacy Specific Plan. B. That the site is zoned as Tustin Legacy Specific Plan (SP 1)within a portion of Planning Area 1 of Neighborhood A; and designated as Tustin Legacy 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. C. Pursuant to Tustin Legacy Specific Plan (TLSP) Section 4.2.2, development with the Plan area must submit and obtain approval of a Site Plan and DR pursuant to the Tustin City Code (TCC). TCC Section 9272 authorizes the Community Development Director to consider the DR application; however, since the proposal includes a CUP that requires Planning Commission approval, DR 2020-0001 is under concurrent consideration by the Planning Commission. D. Pursuant to the TLSP Section 3.20.1, parking facilities may be used jointly for non-residential uses with different peak hours of operation with the approval of a CUP. E. That a public hearing was duly called, noticed and held on said application on May 11, 2020, by the Planning Commission. F. Pursuant to the TLSP and Section 9272 of the TCC, 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: Resolution No. 4402 Page 2 1 . Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, roof structures. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Design and layout of "spine" roads with connections to and from existing roadway(s) and/or roundabout 10. Location and appearance of equipment located outside an enclosed structure. 11. Location and method of refuse storage. 12. Physical relationship of proposed structures to existing structures in the ATEP campus. 13.Appearance and design relationship of the proposed structure to existing structures and possible future structures in the ATEP vicinity and public thoroughfares. 14. Development Guidelines and criteria as adopted by the City Council. G. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare, in that: 1 . A Parking Study dated January 20, 2020, was prepared by a licensed traffic engineer (RK Engineering Group, Inc.) in accordance with TCC Section 9264. 2. That the proposed project includes the construction of a two-story, 50,000 square foot medical building with 270 on-site parking spaces and joint use parking between the project and the Advanced Technology and Education Park (ATEP) campus. The project will be the first non- educational building within the ATEP campus. The TLSP allows uses that are related to ATEP and as per the ground lease with South Orange County Community College District (SOCCCD), there are provisions which ACS (the applicant) or any future tenant under the ground lease which stipulate that future building tenants or users of the Legacy Medical Plaza collaborate with the educational mission of SOCCCD at ATEP. The proposed project and uses anticipated follow the approved ground lease with SOCCCD and are consistent with the overall mission of the ATEP campus. Resolution No. 4402 Page 3 3. The Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. 4. That pursuant to TCC 9263, the proposed uses would require 292 parking spaces to accommodate all uses. Based upon surveys of comparable medical office buildings within Orange County, the parking demand analysis determined a current peak use of 248 spaces; that 270 proposed parking spaces are sufficient for the use; and, that no substantial conflict will exist in the peak hours of parking demand for the proposed uses in the medical building. 5. That all of the on-site parking spaces are designated for joint-use between the proposed project and the ATEP campus and are located such that they will adequately serve the uses for which they are intended. Students attending the project site must park at the ATEP campus in accordance with the approved ground lease and will not be permitted to park at the project site. 6. That the proposed uses, as conditioned, will not have a negative effect on surrounding properties, or impact traffic based on the availability of parking in that sufficient parking would be available on-site. 7. That any change to the use may require a new parking demand analysis to be reviewed and approved by the City and may require additional parking be provided to accommodate proposed uses. H. On January 16, 2001 , the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR)for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplements is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplements considered the potential environmental impacts associated with development on the former MCAS, Tustin. In September 2019, the South Orange County Community College District (SOCCCD) adopted an EIS/EIR Addendum/Initial Study to the Tustin Legacy Specific Plan for the proposed project in accordance with the Implementation Agreement between SOCCCD and the City of Tustin. Pursuant to Section Resolution No. 4402 Page 4 15051 and 15367 of the CEQA Guidelines, SOCCCD is the Lead Agency for CEQA compliance associated with the project because it will approve, carry out, and implement the project and will be the first agency to approve the project. The City will be the responsible agency. n„ Cr,.nrPr,mortAl GhGGkrs+ To ensure consistency with the approved Implementation Agreement, the Addendum which includes the Environmental Checklist/Initial Study will serve as the appropriate CEQA documentation for the project as it has been mutually agreed upon and contains both the City's and the SOCCCD's required analysis and is attached hereto as Exhibit A. The analysis has boon prepared ;;A.d concluded that +ham the project, as proposed, a�,s does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The Planning Commission hereby approves DR 2020-0001 and CUP 2020-0002 authorizing the construction of a two-story, 50,000 square foot medical building with the establishment of joint-use parking for future users of the building and the ATEP campus, subject to the conditions contained within Exhibit B attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of May, 2020. AMY MASON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4402 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4402 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11 th day of May, 2020. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT B RESOLUTION NO. 4402 CONDITIONS OF APPROVAL DESIGN REVIEW 2020-0001/CONDITIONAL USE PERMIT 2020-0002 NE CORNER OF RED HILL AVENUE AND VICTORY ROAD GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 11, 2020, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The project will consist of a two- story, medical office building with a total of 50,000 square feet and 270 parking spaces. Any changes in the approved project shall be subject to the review and approval of the Community Development Department. The Director of Community Development may approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC. (***) 1.2 Approval of Design Review 2020-0001/Conditional Use Permit 2020-0002 shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of the proposed project is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to Tustin City Code (TCC) 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit B Resolution No. 4402 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 DR 2020-0001/CUP 2020-0002 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 DR 2020-0001/CUP 2020- 0002, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant and/or property owner prepare a parking demand analysis, traffic or queuing study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional parking in perpetuity of the use. c. Engage parking attendants. d. Provide additional sound attenuation (1) 1.9 As a condition of approval of the project,the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.10 All activities shall comply with the City's Noise Ordinance. (***) 1.11 The applicant shall comply with original Development Agreement executed on May 22, 2013 and later amended on July 8, 2014 and the associated Implementation Agreement dated July 16, 2015. Exhibit B Resolution No. 4402 Page 3 (***) 1.12 An access or agreement between the South Orange County Community College District and the applicant shall be obtained prior to improvements of joint access at Innovation Street (i.e. access to the ATEP roundabout). USE RESTRICTIONS (***) 1.13 The approval is for a 50,000 square feet medical building with specific healthcare uses such as urgent care, imaging center, outpatient surgery center, ophthalmology, dental offices, laboratory, etc. No overnight patient stay shall be allowed unless approved by the Community Development Department. (***) 1.14 The approved medical use shall collaborate with the educational use of SOCCCD at ATER Such uses includes but are not limited to the following: (a) users which are engaged in or supportive of activities which consist principally of allied health professionals, or other businesses or operations which are complimentary or closely related to curricula then taught at SOCCCD's educational facilities and (b) are committed to provide in a reasonable manner(i) collaboration with SOCCCD's faculty, (ii) internships for students, particularly in the fields of nursing, allied health professionals and other medical education, (iii) employment for students or graduates of the educational institutions located at ATEP and "career day" sponsorship through a career center located on the ATEP campus, (iv) donations of cash, equipment supplies or in-kind services or the donation or subsidization of buildings or other material facilities desirable to ATEP (v) joint projects with campus faculty or administrators involving research, testing, surveys, studies and/or promotion, (vi) funding for academic research projects, (vii) guest lecturers, seminar speakers and presenters sharing expertise with students, (viii) support of campus programs that contribute to the vitality and growth of the academic experience for students, or (ix) some combination of the foregoing acceptable to the SOCCCD in its reasonable discretion. Any changes to the use shall require review and approval from CDD. PUBLIC WORKS/ENGINEERING: (***) 2.1 A Certificate of Compliance shall be prepared by a licensed engineer and submitted for review by Public Works/Engineering and approved by the Community Development Department in accordance with Tustin City Code Section 9321. Once approved, the document shall be recorded prior to the issuance of any permits. (***) 2.2 The applicant shall design and construct a raised median on Victory Road from the intersection of Red Hill Avenue to Innovation Street(i.e. access to the roundabout). (1) 2.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. (1) 2.4 Prior to issuance an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared Exhibit B Resolution No. 4402 Page 4 by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements. In addition, a twenty-four (24) by thirty-six (36) inch reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation shall be prepared and submitted to the Public works Department for approval. (1) 2.5 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development. (1) 2.6 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1) 2.7 The proposed project shall comply with the City's Transportation Demand Management (TDM) Ordinance as identified in Section 9265 and 9905 of the Tustin City Code (TCC). TDM program plans shall be prepared for the proposed project and shall be subject to review and approval of the Public Works Department. (1) 2.8 Prior to any submittal, the applicant shall submit an 8 %2" x 11" street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, foot print of building(s), and streets. SITE & BUILDING DESIGN (4) 3.1 Project materials shall substantially comply with those identified in the approved plans (as such plans may be modified pursuant to the Conditions of Approval). Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 3.2 All roof access shall be provided from the inside of the building. (4) 3.3 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 3.4 All exposed metal flashing or trim shall be painted to match the building. (4) 3.5 All rooftop mounted equipment shall be installed so as not to be visible from Red Hill Avenue and Victory Road public right-of-way in accordance with the TCC and shall be subject to final inspection. Exhibit B Resolution No. 4402 Page 5 (4) 3.6 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted outside the required access space. (4) 3.7 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. (1) 3.8 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 3.9 At plan check, trash enclosures shall be designed with roofs/covers that are architecturally compatible with the surrounding buildings. (1) 3.10 Freestanding walls and fencing shall be treated with graffiti-resistant coating. LANDSCAPING (1) 4.1 Landscape plans shall comply with the City's Water Efficient Landscape Ordinance and Ordinance No. 1457, regarding the water conservation requirements stipulated in the Governor's Executive Order B-29-15 and the City's Water Management Plan. (1) 4.2 All plant materials shall be installed in a healthy and vigorous condition typical to the species in accordance with the approved landscape plan. Landscaping shall be maintained in a neat and healthy condition, which includes, but is not limited to trimming, mowing, weeding, litter removal, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 4.3 Landscaping along Red Hill Avenue and Victory Road shall be the responsibility of ACS Development Group and the South Orange County Community College District. Said landscaping for both areas shall be completed prior to final inspection. (1) 4.4 A minimum of at least one (1) 24-inch box tree for every six parking spaces shall be planted within the project parking lot. CONDITIONAL USE PERMIT—JOINT USE PARKING (***) 5.1 In accordance with the Shared Parking Analysis prepared by RK Engineering Group, Inc. (dated January 20, 2020), the proposed project shall include the construction of a two-story medical office building with approximately 50,000 square feet of building area and 270 on-site parking spaces. Any changes of on- site parking, parking lot and/or circulation shall be reviewed and approved by the Community Development Department. Exhibit B Resolution No. 4402 Page 6 (***) 5.2 All parking area abutting streets shall be installed within a minimum of thirty-six (36) inch high screening. Screening shall consist of one or any combination of the following: wall/retaining walls, landscape berms or evergreen or deciduous trees or shrubs. (1) 5.3 Installation of gates across certain private drives to facilitate payment and enforcement of parking requirements shall be subject to approval of a Parking Management Plan by the Community Development Department. (***) 5.4 The applicant shall ensure that students that are enrolled at ATEP (including, without limitation, those participating in the educational opportunities at the premises pursuant to the ground lease) park in the parking facilities designated for enrolled students at ATER If, at some future date, parking at the project site becomes problematic, a revised parking study shall be submitted for review and approval and shall include measures to alleviate the parking problem. (***) 5.5 A written and recorded agreement shall be required assuring the continued availability of reciprocal access easements on the property. Said agreement shall be subject to the review and approval by the City Attorney and Director of Community Development. MASTER SIGN PLAN (1) 6.1 Applicant shall submit a Master Sign Plan for the project that is in accordance with Tustin Legacy Specific Plan and/or the TCC. Said plan shall be designed in accordance with both documents and shall be subject to the review and approval of the Director of Community Development and/or Planning Commission. The Director of Community Development may approve modifications to the master sign plan that are consistent with the intent of the Tustin City Sign Code. Such modifications shall be accompanied with findings to support said decision. (1) 6.2 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1) 6.3 All signs shall conform to the approved Master Sign Plan and revert to the City of Tustin Sign Code for any issues that remain silent in said Plan. (1) 6.4 All signs shall be structurally safe and maintained in good condition at all times. The Community Development Director shall have the authority to order repair, replacement, or removal of any signs which constitute a hazard or nuisance to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. (1) 6.5 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. Exhibit B Resolution No. 4402 Page 7 (1) 6.6 The locations for any signs shall comply with the City of Tustin Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas. Signs shall not be placed in a manner that will obstruct or inhibit sight distance or visibility for the motorist. At plan check submittal, all signs shall be clearly identified on plans as to the exact locations. Any signs in proximity to the public right-of-way that could impact driver sight shall be shown at a larger scale that will be adequate for plan check purposes. BUILDING PLAN SUBMITTAL (1) 7.1 All construction shall comply with 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Codes and City Ordinances, State and Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1) 7.2 The applicant shall apply for and obtain building permits for construction of the proposed project. Architectural plans, egress plans, plumbing, mechanical, electrical and structural plans along with elevator plans shall be submitted with the permit application (1) 7.3 A three-way stop sign shall be installed at each private street intersection within the project site to control traffic flow. (1) 7.4 The applicant shall make the required deposits for plan check and permit issuance in accordance with the City's most recent fee schedule. (1) 7.5 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). (1) 7.8 A drawing of the parking lot showing compliance with the City's required lighting levels will be required at the time of plan check submittal. (1) 7.9 All private on-site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: Exhibit B Resolution No. 4402 Page 8 a. Sidewalks and paths of travel, including curb ramps for the physically disabled; all sidewalks and pathways shall comply with the provisions of the American with Disabilities Act; b. Drive aprons; c. Signing/striping plan; d. Street lighting; e. Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; f. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; g. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; h. Underground utility connections: All utility lines shall be placed underground by the developer; i. Fire hydrants; j. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City-franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. (1) 7.10 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized whenever possible. (1) 7.11 The proposed project shall comply with the required accessible parking spaces for Rehabilitation Facilities or Outpatient Physical Therapy which will be 20% of the total number of parking spaces provided per California Building Code 1113-502, 11 B-208.2.2. (1) 7.12 The proposed project shall comply with California Green Code 5.106.5.3 and CBC 11 B-228.3 and 11 B-812 and the City of Tustin "User Guide for EV charging Stations" relative to the provision of location(s) for future EV charging stations. (1) 7.13 The proposed project shall comply with designated parking for Clean Air Vehicles in accordance with California Green Code 5.106.5.2 and long term and short-term bicycle parking per 5.106.4.1.1 and 5.106.4.1.2. Exhibit B Resolution No. 4402 Page 9 (1) 7.14 Prior to the issuance of building permits, the applicant shall submit a noise study for review and approval by the City of Tustin. Said noise study shall demonstrate that all noise associated with the use adheres to the Tustin Noise Ordinance. GRADING AND DRAINAGE CONDITIONS (1) 8.1 A grading a drainage plan shall be submitted to the City of review that includes location of underground utilities and private road improvements. The plan shall be prepared and designed by a California registered civil engineer and shall comply with the requirements of the Tustin Grading Ordinance and Manual. (1) 8.2 A final grading plan shall be submitted upon completion of initial grading. Said plan shall be prepared by a California Registered Civil Engineer and shall be subject to the review and approval of the Public Works Department. The grading plan shall be consistent with the approved site and landscaping plans. (1) 8.3 Prior to issuance of a grading permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. (1) 8.4 Prior to issuance of the grading permit, the applicant shall install chain link fence with green screen along the project boundary along Victory Road, Hope Drive, Red Hill Avenue and the vacant parcel east of the project site. (1) 8.5 Prior to the issuance of a grading permit, the applicant shall provide written evidence to the City of Tustin, that a county-certified paleontologist has been retained in the event that unique paleontological resources are discovered during construction. WATER QUALITY (1) 9.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The WQMP shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off. 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 submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of two thousand seven hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. Exhibit B Resolution No. 4402 Page 10 (1) 9.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk-Recorder. 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. (1) 9.5 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. SOLID WASTE RECYCLING CONDITIONS (1) 10.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. Developer/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (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 will be five (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, Developer shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 10.2 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 ensure that collection frequency shall not exceed four times per week for commercial customers. e. All trash enclosures shall utilize the City's standard enclosure designed with roof to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. Exhibit B Resolution No. 4402 Page 11 f. All developments are required to provide space for the collection of organic materials. Organics are collected in 35-gallon and 65-gallon wheeled carts, and 2-yard bins. The size of the organic's containerwill be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. ORANGE COUNTY FIRE AUTHORITY CONDITIONS (1) 11.1 Prior to Orange County Fire Authority (OCFA) clearance of a final map or issuance of a rough or precise grading or building permit, a fire master plan is required to be submitted to OCFA for review. (1) 11.2 An underground piping plan for private hydrants and fire sprinkler systems shall be submitted to OCFA for review and approval prior to issuance of a precise grading permit or a building permit, if a grading permit is not required. (1) 11.3 Prior to concealing interior construction, a fire alarm and fire sprinkler system shall be installed. (1) 11.4 A storage plan of flammable/combustible fuel shall be submitted to OCFA for review and approval prior to issuance of a precise grading permit or a building permit, if a grading permit is not required. (1) 11.5 Emergency Access Easements: Irrevocable reciprocal access easements for emergency access purposes to the benefit of the City shall be recorded concurrently with the final map or, where no final map is required, prior to approval of the fire master plan. (1) 11.6 Lumber-drop inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. (1) 11.7 Emergency Responder Digital Radio System: Evidence of compliance with emergency responder digital radio system performance criteria shall be provided prior to occupancy. Refer to OCFA Guideline E-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirement. ENVIRONMENTAL (1) 12.1 All mitigation measures related to the project that are required by the Mitigation Monitoring and Reporting Program for the FEIR/EIS for the Tustin Legacy Specific Plan, identified in this eavhihi4 Exhibit AaAd in ^+hear related prejean4 eaptitlea.m. shall be implemented. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: a. Prior to issuance of any permits, the developer shall retain a County- certified archaeologist. If buried resources are found during grading within Exhibit B Resolution No. 4402 Page 12 the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. b. The developer shall comply with the requirements established in a Paleontological Resource Management Plan (PRM P) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. C. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County- certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. d. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. e. The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. f. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. FEES (1) 13.1 Prior to issuance of each building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. Exhibit B Resolution No. 4402 Page 13 d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. e. Water and sewer connection fees to the Irvine Ranch Water District. f. New construction fee in the amount of ten cents ($0.10) per square foot. g. School facilities fee in the amount as required by Tustin Unified School District. (1) 13.2 Per the Development Agreement between the City and SOCCCD, a Fair Share Contribution towards infrastructure improvements will be required in conjunction with the project. This contribution is applicable for all Land Use Category 2 uses and must be made to the City's Tustin Legacy Backbone Infrastructure Program. The Contribution will be collected at building permit issuance and escalates 3% annually on May 21 of each year. As of May 21, 2020, the Fair Share Contribution will be $23.83 per square foot. (1) 13.3 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.