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HomeMy WebLinkAboutPC RES 4490 RESOLUTION NO. 4490 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 2023-0009 AUTHORIZING THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS LOCATED AT 15621,15641 AND 15661 RED HILL AVENUE 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 Centurion Plaza LLC, a California limited liability company, requesting authorization to construct two new industrial warehouse buildings on approximately 6.17 acres located at 15621,15641 and 15661 Red Hill Avenue to include the following: 1 . The demolition of three existing two-story office buildings and one two-story parking structure currently located on the project site; 2. Construction of two new industrial warehouse buildings: • Building 1 consists of a total building area of 49,552 sq, ft., including 43,552 sq. ft. of warehouse space, 3,000 sq. ft. of office space on the first floor, 3,000 sq. ft. of office space on the second floor, and five dock doors. • Building 2 consists of a total building area of 93,372 sq. ft., including 81,235 sq. ft. of warehouse space, 6,000 sq. ft. of office space on the first floor, 6,000 sq. ft. of office space on the second floor, and 11 dock doors. 3. Provision of 144 on-site parking stalls; and 4. Provision of landscaping totaling 34,790 square feet. B. That the Development Application requests Design Review (DR) 2023- 0009 approval for site layout and building design on a 6.17-acre parcel located at 15621,15641 and 15661 Red Hill Avenue. C. That the subject property is located within the Planned Community Industrial/Business (PC IND/BUS) zoning district and regulated by Ordinance No. 816 (International Rectifier Planned Community District Regulations) and has a Planned Community Commercial Business (PCCB) General Plan land use designation. D. The project is consistent with Tustin General Plan Land Use Element goals and policies related to commercial development including: Resolution No, 4490 Page 2 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. Policy 1.6: Ensure an adequate supply of commercial and industrial land within the City of Tustin for potential commercial and industrial expansion and development. Goal 5: Revitalize older commercial, industrial and residential uses and properties. 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. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. E. That the International Rectifier Planned Community District regulations and the Planned Community Commercial/Business (PCCB) General Plan land use designation provide for a variety of commercial and industrial uses. F. That pursuant to TCC Section 9272(b), DR is required to ensure that new uses and structures enhance their sites and are harmonious with the highest standards of improvements in the surrounding area which includes a review of the site plan and building design. G. That pursuant to TCC Section 9272(c), the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project 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 Community Development Department has considered at least the following items: 1 . Height bulk and area of buildings. Buildings 1 and 2 would have a maximum height of forty-nine feet and 6 inches (49'-6") , the bulk of the proposed buildings is consistent with industrial developments in the industrial district and is compatible with the surrounding uses. The proposed site plan sets Building 1 dock doors to be oriented to the northwest side of the building away from Bell Avenue and Building 2 Resolution No. 4490 Page 3 dock doors to be oriented to the northwest side of the building away from Bell Avenue and Red Hill Avenue. Both street frontages would include landscaping and parking areas as additional buffers to public right-of-way and adjacent parcels. 2. Setbacks and site planning. The project site is surrounded by commercial and industrial/office buildings to the north, northeast, and west, and vacant land to the south and southeast. The buildings are proposed to be developed on a single, L-shaped, parcel, measuring approximately 6.17 acres in size, that is located immediately north of the Red Hill Avenue and Bell Avenue intersection. The project site would provide two full-access driveways on Bell Avenue (one each for Building 1 and Building 2) and a single right-in/right-out driveway on Red Hill Avenue. Both full access driveways along Bell Avenue would be 35 feet in width, while the driveway along Red Hill Avenue would measure 28 feet in width. Passenger vehicles would have the option to access the project site via any of the three driveways, while trucks would be restricted to accessing the project site from one of the two 35-foot-wide, full-access driveways on Bell Avenue. 3. Exterior materials and colors. The proposed building facades would consist of painted concrete tilt-up panels with accent panels giving metal appearance on street-facing elevations and a considerable amount of glazing at building entrances. Walls will be painted off- white and medium to dark gray and enhanced with form liners and aluminum panels in dark gray. The proposed materials and colors are consistent with existing industrial use in the vicinity of the project. 4. Type and pitch of roofs. The proposed building has a flat roof design and incorporates a roof parapet, similar to existing industrial uses in the vicinity of the project. As conditioned, the rooftop mechanical equipment will be screened by a parapet wall as indicated in Condition of Approval No. 2.8. 5. Size and spacing of windows, doors and other openings. The building incorporates prominent amounts of glazing, accented with metallic design elements on street-facing elevations and at building entrances. 6. Landscaping and parking area design. New landscaping is proposed at the project frontages along Bell Avenue and Red Hill Avenue, surrounding the building, and along the perimeter of the site, and Resolution No. 4490 Page 4 parking area, Proposed landscaping would cover approximately 34,790 square feet of the project site, which equates to approximately 12.9 percent of the site area.The proposed landscaping palette would feature trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers, to enhance and, along the perimeter of its interior property lines, screen the project site. 7. Location height and standards of exterior illumination. The project includes the installation of new light fixtures throughout the site, including a combination of building-mounted lighting and light poles for site lighting. Illumination levels from the shielded light poles shall fall to zero at the property line as required by TCC Section 8102 and Ordinance 1529. 8. Location and appearance of equipment located outside of an enclosed structure. New utility meters and electrical transformers will be screened from public view by landscaping, as indicated in Condition of Approval No. 2.11. 9. Location and method of refuse storage. A new trash enclosure will be constructed and provided for each Building 1 and Building 2 at the west elevation of each building. The trash enclosures shall comply with Condition of Approval No. 8.2. 10.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The modern building design with accent materials is compatible with other industrial uses in the area. The building would meet the development standards as required in the International Rectifier Planned Community District Regulations and TCC. 11. Proposed signing. In conformance with the TCC, a Master Sign Plan will be submitted to the Community Development Director for review and approval as indicated in Condition of Approval No. 4.1. 12.The proposed project is consistent with the International Rectifier District Regulations Part III: Industrial/Business, Section II for General Development Standards, and the project is consistent with the Design Review criteria outlined in TCC 9272. Resolution No. 4490 Page 5 H. That as proposed, the required number of parking spaces for the operation of the industrial warehouse building is satisfied with the provision of a total of 144 on-site parking spaces. I. That 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. J. That a public hearing was duly called, noticed, and held for DR 2023- 0009 on May 28, 2024, by the Planning Commission. K. That the proposed project is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). A Draft Initial Study/Mitigated Negative Declaration was prepared to identify and mitigate any potential environmental impacts that would result from the proposed project and the study found that, although there is evidence that the proposed project may have an effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project. Therefore, the preparation of an Environmental Impact Report is not required. The Draft Initial Study/Mitigated Negative Declaration was made available for public review between April 12, 2024, to May 2, 2024. L. That the Planning Commission considered the Initial Study and the Mitigated Negative Declaration and finds it adequate for the proposed project (Resolution No. 4489). II. The Planning Commission hereby approves DR 2023-0009 authorizing the demolition of three existing office buildings and a parking structure to construct two new industrial buildings including a 49,552 square foot building with five dock doors (Building 1) and a 93,372 square foot building with eleven (11) dock doors (Building 2) on approximately 6.17 acres located at 15621, 15641, and 15661 Red Hill Avenue, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4490 Page 6 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 28th day of May, 2024. ERIC HIGUCHI Chairperson i `l �7 - AU TINA WILLKOM Planning Commission Secretary APPROVED AS TO FORM: _ �y M CCHAEL DA tr Assistant City Attorney Resolution No. 4490 Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4490 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of May, 2024. PLANNING COMMISSIONER AYES: Douthit, Higuchi, Mason, Mello (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Kozak (1) JUSTINA Lea W LLKOM Planning Conn ission Secretary Exhibit A: Conditions of Approval EXHIBIT A RESOLUTION NO. 4490 DESIGN REVIEW 2023-0009 CONDITIONS OF APPROVAL GENERAL The proposed project shall substantially conform with the submitted plans for the project date stamped May 28, 2024, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC) and International Rectifier Planned Community Regulations. (1) 1.2 Approval of Design Review (DR) 2023-0009 shall be null and void unless permits for the proposed project are issued and substantial construction is underway within 12 months of this approval. Time extensions may be granted if a written request is received by the Community Development Department within 30 days prior to expiration. (1) 1.3 Approval of DR 2023-0009 are 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 Community Development Director and evidence of recordation shall be provided to the Community Development Department, (1) 1.4 The approved Conditions of Approval shall be copied in their entirety and placed directly onto a separate plan sheet behind the cover sheet of the development plans prior to Building plan check submittal. Said copies shall be included in all plan check submittals, including any revisions and the final working drawings. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4490 DR 2023-0009 Page 2 (1) 1.5 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) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162 (a). (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that an on/off- site circulation 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 an analysis upon notice to the applicant/property owner and the applicant/property owner shall bear all associated costs. If said study indicates that there are adjustments needed, the applicant/property owner shall be required to provide measures to alleviate the problem, subject to review and approval by the Community Development Department, Police Chief, and/or Public Works Department. (1) 1.8 As a condition of approval of DR 2023-0009 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 the defense of any such action under this condition. (1) 1.9 All activities shall comply with the City's Noise Ordinance per Chapter 6 of Article 4 of the TCC. (1) 1.10 The property shall be maintained in a safe, clean and sanitary condition at all times. The property owners shall be responsible for the daily maintenance and upkeep of the businesses and respective buildings, including but not limited to trash removal, graffiti removal, and maintenance of existing improvements to Exhibit A Resolution No. 4490 DR 2023-0009 Page 3 ensure that the properties are maintained in a neat and attractive manner. All new structures shall support adequate radio coverage for City emergency service workers operating on the 800 MHz Countywide Communication System. Further, the applicant/owners or tenants must 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 (City of Tustin Public Safety Radio System Coverage Specifications). SITE & BUILDING DESIGN *** 2.1 The project shall consist of the following. A. The demolition of three existing buildings currently located on the project site; B. Construction of two new industrial warehouse buildings: C. Building 1 consists of a total building area of 49,552 sq. ft., including 43,552 sq. ft. of warehouse space, 3,000 sq. ft. of office space on the first floor, 3,000 sq. ft. of office space on the second floor, and five dock doors. D. Building 2 consists of a total building area of 93,372 sq. ft., including 81,235 sq. ft. of warehouse space, 6,000 sq. ft. of office space on the first floor, 6,000 sq. ft. of office space on the second floor, and 11 dock doors. E. Provision of 144 on-site parking stalls; F. Provision of landscaping totaling approximately 34,790 square feet; and; G. Provision of two 35-foot-wide full-access driveways on Bell Avenue (one for each building) and a single 28-foot-wide right- in/right-out driveway on Red Hill Avenue. All vehicles can use the three driveways, while tricks are limited to the two driveways on Bell Avenue. (***) 2.2 Prior to plan check, a business operations plan shall be submitted to the Community Development Department for review and approval in order to ensure that the tenant/building occupant's operations are in compliance with DR 2023-0009 and associated conditions of approval. Exhibit A Resolution No. 4490 DR 2023-0009 Page 4 (4) 2.3 Project materials shall substantially comply with those identified in the approved plans. 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) 2.4 Prior to issuance of a grading permit, the applicant or developer shall provide "will-serve" letters from all utility providers. (***] 2.5 Prior to issuance of any permit, an updated Mitigation Monitoring and Reporting Program (MMRP) matrix/spreadsheet shall be submitted to the City, as applicable, to demonstrate compliance with the mitigation measures for Platform Tustin Project MND dated May 2024. Refer to conditions under Environmental/CEQA section below starting at Condition of Approval No. 12.1 . (1, 2) 2.6 Prior to issuance of Certificate of Occupancy, the project shall demonstrate compliance with all applicable mitigation measures in the MMRP for Platform Tustin Project MND dated May 2024. A final mitigation monitoring matrix/spreadsheet shall be submitted to the Community Development Department for review and approval. The following Conditions of Approval shall be identified as notes on all construction plans: (3) 2.7 All roof access shall be provided from the inside of the building. (4) 2.8 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 pursuant to TCC 9271 ii. 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) 2.9 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) 2.10 All exposed metal flashing or trim shall be painted to match the building. (4) 2.11 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers Exhibit A Resolution No. 4490 DR 2023-0009 Page 5 shall be located in areas with room for landscape screening to be planted outside the required access space. (4) 2.12 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 the building. Landscaping shall be utilized to screen the devices where possible. (1) 2.13 All utilities shall be installed underground pursuant to TCC 9271 b2. (1) 2.14 Any outdoor storage shall be visually screened and not visible to any streets or adjacent properties pursuant to International Rectifier Planned Community Regulations, Part I, Section II.1-12. (4) 2.15 Freestanding walls and fencing shall be treated with graffiti- resistant coating. (4) 2.16 Restroom access shall be provided near truck docks for drivers and/or workers to use. LANDSCAPING (6) 3.1 Prior to issuance of building permit, the Developer shall submit for review and approval, complete detailed landscaping and irrigation plans for all landscaping areas, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of the Water Efficient Landscape Ordinance and Section 9266e of the TCC, and International Rectifier Planned Community District Regulations Part I, Section II.F. (1) 3.2 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. MASTER SIGN PLAN (1) 4.1 A master sign plan is required for developments in planned community districts in the City pursuant to TCC Section 9403h. The purpose of a Master Sign Plan is to encourage coordinated and quality sign design (integrated with architectural style of project) on sites where a large number of signs will occur. Prior to issuance of building permit, the Developer/contractor is required to submit a Master Sign Program for review and approval by the Community Exhibit A Resolution No. 4490 DR 2023-0009 Page 6 Development Director. In addition, the Master Sign Plan should include permanent directional/informational signs to facilitate smooth internal circulation by the motorist. (3) 4.2 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 pursuant to TCC Section 9403e. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to TCC Section 9403. (1) 4.3 All signs shall conform to the approved Master Sign Plan and revert to the PC-IND International Rectifier Planned Community Regulations Part III, Section 11.3 and TCC Section 9403 for any issues that remain silent in said Plan. (5) 4.4 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. (4) 4.5 All signs shall be constructed of a non-corrosive, rust-resistant finish so as not to degrade in adverse weather conditions. BUILDING PLAN SUBMITTAL (3) 5.1 The plans shall comply with the latest edition of the codes, City Ordinances, State and Federal laws, and regulations as adopted by the Tustin City Council. PUBLIC WORKS DEPARTMENT WATER QUALITY AND IMPROVEMENT CONDITIONS (5) 6.1 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) 6.2 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 also identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities Exhibit A Resolution No. 4490 DR 2023-0009 Page 7 (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 6.3 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of three thousand dollars ($3,000.00) to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 6.4 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) 6.5 Prior to issuance of an Encroachment Permit, the applicant shall submit 24" x 36" reproducible water improvement plans to the Public Works Department for review and approval. The plans shall be prepared by a California Registered Civil Engineer and shall clearly show existing and proposed water improvements, as well as other topographic features and underground utilities. Plans 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} 6.6 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. A. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must 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. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. C. If the applicant proposes to use an irrigation system, then a separate water meter shall 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. Exhibit A Resolution No, 4490 DR 2023-0009 Page 8 (1) 6.7 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) 6.8 If applicant's project is within the East Orange County Water District (EOCWD) Wholesale water service area, then 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) 6.9 The adequacy of a proposed water system plan for a proposed development 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. (1) 6.10 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. STREET IMPROVEMENT CONDITIONS (1) 7.1 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. (***) 7.2 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, including but not limited to the following: A. Current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Public Works Standards shall be met at all driveways and sidewalks adjacent to the site. Commercial driveway aprons shall be designed and constructed/reconstructed per the most current City of Tustin Standard 210 with minimum apron width of 27-feet and minimum radius of 25-feet.. B. Remove and reconstruct the shared driveway apron on Red Hill Avenue and the proposed Building 1 driveway apron on Bell Avenue. Exhibit A Resolution No. 4490 DR 2023-0009 Page 9 C. Remove the existing driveway apron and design and construct new curb &gutter and sidewalk at the old driveway apron location on Red Hill Avenue. D. Design and construct sidewalk along Bell Avenue. E. Design and reconstruct the pedestrian access ramp per City of Tustin Standard Drawing No. 211 . Dedication in fee title the appropriate corner cut-off of Red Hill Avenue and Bell Avenue, at no cost to the City. 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) 7.3 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 type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 7.4 Current 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) 7.5 Depending on the applicable City standard, easement(s) on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. (1) 7.6 Developer shall coordinate the design and construction of all utilities with the utility providers and the City. The applicant is responsible for the coordination and all costs related to the installation, upgrade, alteration, relocation, or abandonment of all existing wet and dry utilities affected by the proposed project. SOLID WASTE RECYCLING CONDITIONS (1) 8.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The Developer/contractor is required to submit a WRRP to the Public Works Department for review and approval prior to issuance of any permit. The WRRP must indicate how the Exhibit A Resolution No. 4490 DR 2023-0009 Page 10 applicant will comply with the City's requirement (TCC 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. 1 . The Developer will be required to submit a fifty-dollar ($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 determined by the Public Works Department in the amount of 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 TCC. 2. Prior to issuance of any permit, the 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) 8.2 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 programs. 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 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. Exhibit A Resolution No. 4490 DR 2023-0009 Page 11 G. 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 organics container will 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. MISCELLANEOUS CONDITIONS (1) 9.1 Show and identify limited use areas at access points onto public streets on site plan, grading plan, and landscape plan. All improvements and landscaping within a limited use area must be restricted to a height of twelve (12) inches or less. A sight triangle of twenty-five (25) ft at signalized intersection and ten (10) feet on both sides of driveways and proposed fire access locations shall be provided and maintained. Hardscape improvements and landscaping within a limited use area must be restricted to a height of 30-48 inches or less depending on the speed of the road, and obstructions such as walls or landscaping that could block line of sight are not allowed in the limited use area, and proposed street tree with a diameter of no greater than 24 inches shall have a canopy no lower than 84 inches above the curb to ensure adequate sight lines of pedestrians on the sidewalk and vehicles and bicycles on the street are maintained. (1) 9.2 Prior to issuance of a Building Permit(s), the applicant shall provide written approval of sanitary sewer and domestic water service connections from the East Orange County Water District (EOCWD). (1) 9.3 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. ORANGE COUNTY FIRE AUTHORITY (1) 10.1 Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, the applicant or responsible party shall submit a fire master plan to OCFA for review and approval (service code PR145). (1) 10.2 Prior to concealing interior construction, the applicant or responsible party shall submit the following plans to OCFA for review and approval: A. Fire sprinkler system (service codes PR400-465) and; Exhibit A Resolution No. 4490 DR 2023-0009 Page 12 B. Fire alarm system (service code PR500-520) FEES Prior to issuance of each building permit, payment shall be made of all applicable fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. (1) 11.2 Prior to the issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. 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. Payment of the most current Major 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 1st of each year. D. New construction fee in the amount of ten cents ($0.10) per square foot, including any area upon or within a building designed for parking. (1) 11.3 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a check payable to the County Clerk in the amount of fifty dollars ($50.00) and a check payable to the County Clerk in the amount of Two Thousand Seven Hundred and Sixty Four Dollars ($2,916.75), or the current California Department of Fish and Wildlife (CDFW) fee at the time of filing, 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 checks, 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. Exhibit A Resolution No. 4490 DR 2023-0009 Page 13 ENVIRONMENTAL! INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ISIMND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The project shall comply with the MMRP for the Platform Tustin project ISIMND dated May 2024. (2) 12.1 Mitigation Measure (MM) Biological Resources BRA: If tree removal or construction commences between February 1 and August 31 , within three days of tree removal or mobilizing construction equipment to the Project Site, all on-site trees and trees within 250 feet of the Project Site shall be inspected by a qualified biologist for the presence of migratory nesting birds. If the survey reveals no active nesting, construction may proceed. If the survey identifies the presence of active sensitive migratory bird nests, then the nests shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (1) the adult birds have not begun egg-laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. If the biologist is not able to verify these conditions, then no tree removals or construction that would be disruptive to the nest, as determined by the biologist, shall occur until the biologist, with City concurrence, verifies that the nest(s) is no longer occupied and/or juvenile birds can survive independently from the nests. MM Cultural Resources CRA. Prior to the issuance of a demolition permit or any permit authorizing ground-disturbing construction activities, evidence shall be provided to the City of Tustin that the construction contractors have been trained on how to identify potential cultural, tribal cultural, and archaeological resources. Construction personnel in charge of supervising ground-disturbing activities must have received cultural resource awareness training within 60 days of commencing work on the Project Site. MM CR-2. Upon discovery of any suspected cultural, tribal cultural, or archaeological resources, construction activities within 100 feet of the find shall pause until the find can be assessed by a Qualified Archaeologist who meets the U.S. Secretary of the Interior Standards for archaeology, and a tribal monitor/consultant representing the Gabrieleno Band of Mission Indians Kizh Nation (if such tribal monitor chooses to participate in monitoring following adequate written notice to the Tribe). If a resource is discovered that the Qualified Archaeologist determines to be significant pursuant to the definition given in CEQA Guidelines Section 15064.5, mitigation shall occur following the guidance given in CEQA Guidelines Section 15126.4(b), and as approved by the City Exhibit A Resolution No. 4490 DR 2023-0009 Page 14 of Tustin, to reduce impacts to less-than-significant. Mitigation methods include but are not limited to data recovery, documentation, preservation in place, and removal for laboratory processing and analysis, followed by either curation at a non-profit institution or conveyance to a culturally affiliated Native American Tribe. Work may continue on other parts of the construction site while the evaluation takes place. MM CR-3. Archaeological and Native American monitoring and excavation during construction shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall betaken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years' experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. MM GEO-1. Prior to the issuance of a grading permit, the Project Applicant shall provide written evidence to the City of Tustin Community Development Department that a geotechnical engineer has been retained to monitor the grading operation and assure implementation of the soil settlement and expansion treatment recommendations contained in the site-specific Geotechnical Investigation prepared by Southern California Geotechnical and dated June 7, 2023. All recommendations shall be implemented to the performance standards specified in the Geotechnical Investigation and to the satisfaction of the geotechnical engineer. Evidence of implementation shall be provided to the Community Development Department prior to issuance of a building permit. MM GEO-2. Prior to the issuance of a grading permit, the Project Applicant shall provide evidence to the City of Tustin that a qualified paleontologist ("paleontologist") has been retained by the Project Applicant or contractor to be on-call should any suspected paleontological resources be encountered during Project-related construction activities. MM GEO-3. If a suspected paleontological resource is discovered during earth disturbance activities, the discovery shall be cordoned off with a 100-foot radius buffer by the construction contractor so as to protect the discovery from further potential damage, and the paleontologist shall be consulted to assess the discovery. MM GEO-4. If a discovery is determined to be significant by the paleontologist, the following shall occur: Exhibit A Resolution No. 4490 DR 2023-0009 Page 15 A. Monitoring of excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontological monitor for the remainder of ground-disturbing construction processes. Monitoring shall be conducted full-time in areas of grading or excavation in undisturbed older alluvium deposits. B. Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined on exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the Project paleontologist, who will then notify the concerned parties of the discovery. C. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils shall be collected and identified by field number, collector, and date collected. Notes shall be taken on the map location and stratigraphy of the site, which shall be photographed before it is vacated and the fossils are removed to a safe place. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor's construction equipment may be solicited to help remove the jacket to a safe location. D. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to several five-gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. E. In accordance with the "Microfossil Salvage" section of the Society of Vertebrate Paleontology guidelines (2010.7), bulk sampling and screening of fine-grained sedimentary deposits (including carbonate-rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil ifmicrovertebrates," to test the feasibility of the deposit to yield fossil bones and teeth. Exhibit A Resolution No. 4490 DR 2023-0009 Page 16 F. In the laboratory, individual fossils shall be cleaned of extraneous matrix, and recovered specimens shall be prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates. G. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage shall be conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the Lead Agency (e.g., the City of Tustin) will be consulted on the repository/museum to receive the fossil material. H. A final report of findings and significance shall be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to and accepted by the City of Tustin, shall signify satisfactory completion of the Project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. MM HAZA. Prior to the issuance of any new occupancy permit for a use/user within the proposed Project's warehouse buildings, and to the extent hazardous materials are anticipated to be utilized or stored on-site and a Hazardous Materials Business Emergency Plan (HMBEP) is required by law, the Project Applicant/Developer or Project Site owner shall provide a copy of its approved Emergency Response Plan to the President of the Irvine Valley College's Advanced Technology and Education Park outlining how the building user will prevent or respond to spills or leaks of hazardous materials related to its facility/facilities and use of the Project Site. If so requested, the Project Applicant/Developer or Project Site owner shall also meet with the President of the Irvine Valley College's Advanced Technology and Education Park and Fire Department officials to discuss emergency response procedures as contained in the HMBEP for spills or leaks at the Project Site in relation to the nearby school facilities. This measure shall be implemented under the supervision of the City of Tustin's Planning Division. All meetings shall be documented, and documentation shall be provided to the City Planning Department within 30 days of each meeting. Failure to abide by these procedures may be grounds for revocation of any conditional use permits or other discretionary approvals for specific warehouse uses on the Project Site. Exhibit A Resolution No. 4490 DR 2023-0009 Page 17 MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities: A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians — Kizh Nation (the "Kith" or the "Tribe"). The monitor shall be retained prior to the commencement of any "ground-disturbing activity" for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground- disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, or "TCRs"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. D. On-site tribal monitoring shall conclude upon the latter of the following: (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. Exhibit A Resolution No. 4490 DR 2023-0009 Page 18 Mitigation Measure TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects: A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-3: Procedures for Burials and Funerary Remains: A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code Section 5097.98(d)(1) and (2). D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. PROJECT DESIGN FEATURES The project shall comply with the Project Design Features for the Platform Tustin Project IS/MND dated May 2024. *** 12.1 Compliance with Geotechnical Recommendations. The Project Applicant shall require by contract specification that construction contractors adhere to the recommendations provided in the Geotechnical Investigation prepared for the Project by Southern California Geotechnical (June 2023), or the recommendations of an updated geotechnical investigation as may be required in conjunction with grading permit issuance. Exhibit A Resolution No. 4490 DR 2023-0009 Page 19 ** 12.2 Use of Non-Diesel Outdoor Cargo Handling Equipment. All on- site outdoor cargo handling equipment (including yard trucks, hustlers, yard goats, pallet jacks, forklifts, and other on-site equipment) shall be required to be powered by electricity, and an appropriate number of charging stations for the on-site equipment shall be accommodated on-site. This requirement shall be specified in all future tenant lease agreements for future buildings on the Project Site. POLICE DEPARTMENT (1) 13.1 The applicant shall install a security system to include cameras at building exterior that record all entry and exit points (vehicle and pedestrian) to the property. The security system must have the ability to record. If the system malfunctions, the property owner must make a reasonable attempt to repair the system in a timely manner. (1) 13.2 Applicant shall ensure there is adequate and properly functioning lighting that illuminates the parking lot and entry/exit points to the property.