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HomeMy WebLinkAbout89-125191 RESOLUTION NO. 89-125 REL:mb(33) 11/27/89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, MAKING ENVIRONMENTAL FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING A REPORTING/MONITORING PROGRAM, FOR THE BENTALL CENTRE DEVELOPMENT PRO- JECT LOCATED AT 1501-1551 NORTH TUSTIN AVENUE. WHEREAS, Bentall Development Company has requested that the City of Santa Ana approve a general plan amendment and development agreement to allow the development of a 5.13 acre site located at 1501-1551 North Tustin Avenue with 325,000 square feet of office space, 2000 square feet of retail space, a 10,000 square foot restaurant and a parking structure providing 1315 parking spaces (the "Project"); and WHEREAS, a final Environmental Impact Report has been prepared for the Project; and WHEREAS, the Planning Commission, after duly noticed public hearing, has recommended that the City Council certify the final Environmental Impact Report and approve General Plan Amendment No. 89-11 to allow a floor area ratio of 1.5 for the Project site, and has found that the proposed Development Agree- ment between the City of Santa Ana and Bentall Development Company for the development of the Project is consistent with the General Plan of the City of Santa Ana as thus amended and recommended approval of that Development Agreement; and WHEREAS, the City Council has held a duly noticed public hearing on proposed General Plan Amendment No. 89-11 the proposed Development Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council hereby certifies that the final Environmental Impact Report for the Project has been completed in accordance with the requirements of the california Environmental Quality Act, and that the final Environmental Impact Report for the Project was presented to the City Council, and that the City Council reviewed and considered the information contained in the final Environmental Impact Report for the Project prior to approving the Project. 2. The mitigation measure identified in the final Environmental Impact Report for the Project are incorporated into the Project as conditions of development plan approval for .92 RESOLUTION NO. 89-1-2,5: PAGE TWO the Project and as requirements of the Development Agreement pertaining to the Project. The City Council hereby finds that, as to each potential significant environmental effect of the Project, the corresponding mitigation measures avoid or sub- stantially lessen such significant effect, for the reasons specified in Exhibit A, attached hereto and incorporated herein. The City Council further finds that, to the extent significant environmental effects of the Project are not reduced to a level of insignificance, such effects are acceptable due to the overriding considerations set forth in said Exhibit A, and that alternatives to the Project identified in the final Environmental Impact report are infeasible due to the same overriding considerations. 3. In order to assure the implementation of the mitigation measures identified in the Environmental Impact Report for the Project, the City Council hereby approves, adopts, and directs the administrative staff of the City to carry out, the Reporting/ Monitoring Program set forth in Exhibit B, attached hereto and incorporated herein. ADOPTED this 4th day of December , 1989. ATTEST: C~e~ eo~ ' t~Ycoun c~. ( / COUNCILMEMBERS: Young Aye Acosta Aye Griset Aye May Nay McGuigan Aye Norton Ave Pulido .Aye APPROVED AS TO FORM: Edwar~d ~. (Co-~per City Attorney 193 EXHIBIT A ENVIRONMENTAL FINDINGS AND OVERRIDING CONSIDERATIONS BENTALL CENTRE PROJECT Traffic and Circulation Based on the factors developed by the Institute of Traffic Engineers, the project is expected to to generate an additional 3,632 average daily trips (ADT). Of the six studied intersections identified by the City of Santa Aha for study, only the Tustin Avenue/17th Street intersection would operate unacceptably with the proposed project. Its Level of Service (LOS) would be "F" during a.m. and p.m. peak hours with the proposed project. Volume to Capacity (V/C) ratios at the intersection would decrease from 1.12 to 1.18 in the a.m. peak and fi'bm 1.26 to 1.28 in the p.m. peak. All other studied intersections would operate at LOS "C" or better with the proposed project. In order to mitigate the traffic and circulation impacts of the proposed project, the following mitigation measures have been identified in the environmental impact report. A comprehensive transportation demand management (TDM) program should be implemented by the applicant as part of the proposed project to reduce work commute trips and gain maximum effidency from existing and future transportation fadlities. The proposed project shall provide for a full widening of the east side of Tustin Avenue to provide three northbound traffic lanes. 194 The proposed project shall provide !()-foot wide travel lanes.which will provide for adequate traffic operations on an inte~ ~,~ vasis. ~ 4. A bus bay shall be installed on the est side of TuslJn Avenue just north of the proposed project driveway as requested by OCTD. Widen the east side of Tustin Avenue adjacent to the project site to provide for an additional lane as a future right turn lane at 17th Street and ultimately the installation of a four-foot barrier median. (The barrier median cannot be installed until the remainder of the right-of- way is obtained on the east side between the project site and 17th Street, and on the west side along the Hillview Project site) 6. Restripe Tustin Avenue to accommodate dual left turn lanes southbound into the project driveway. Participate in the widening of 17th Street at Tustin Avenue to provide for dual eastbound- westbound left turn lanes. Widening will be required on both the north and south sides of lTth Street both east and west of Tustin Avenue, all within the existing right of way. Participate in signal modifications at the Tustin/17th Street intersection to relocate signal equipment and upgrade the signal as required by the widening and installation of added traffic lanes. 9. Install the proposed traffic signal on Tustin Avenue at the project driveway. (Incorporated in Project Design by Applicant). 10. provide for a loading area and trash endosure in the area between the parking structure and the restaurant's truck service and trash needs. 11. Widen the proposed driveway entrance to provide two adequate width entrance lanes to accommodate the southbound left turn movements into the project, and two existing lanes, as shown on the mitigation drawings. Implementation of the above mitigation measures will reduce traffic impacts to a level of insignificance. Air Ouality Based upon the guidelines established by the South Coast Air Quality Management District SCAQMD), the project has been determined to be inconsistent with the Air Quality Management Plan. Using the $CAQMD's guidelines as described in the Air Quality Handbook For Preparing Environmental Impact Reports, the project has been determined to generate increased dust levels and emissions during its construction phase and long-term increases in emissions of CO, NOx, SOx, TSP, and ROG. All emissions are below the standards established by the SCAQMD; however, due to the project's inconsistency with Air Quality Management Plan, air quality impacts are considered significant. In order to mitigate the air quality impacts of the proposed project, the following mitigation measures have been identified in the environroental impact report for short-term and long- term air quality impacts: 195 11. A watering plan shall be initiated for each grading phase such that a crust can be formed on the ground surface to reduce the amount of generated fugitive dust. This technique can substantially reduce particulate emissions as well as the inconvenience and expense to local business and residents that such dust can cause. Construction roads shall be paved where appropriate. Again, this measure focuses on reducing grading-related dust and the associated particulate emissions. Such road shall be in place prior to the commencement of structure assembly. All grading activities shall be ceased during periods of high wind (i.e., greater than 30 mph). High winds can result in substantial material erosion and can signiticantly increase local particulate levels. Construction equipment shall be fitted with the most modern emission control devices and be kept in proper tune. Motors out of proper tune can result in emissions that vastly exceed recommended standards. This method is useful in reducing emissions as well as increasing fuel economy. The applicant shall be required to comply with all requirements of SCAQMD Rule 1403 and shall obtain all necessary permits which pertain to it. A Transportation Systems Management (TSM) Plan for the proposed project shall be submitted to the City by the applicant for approval. Such a plan shall focus on reducing the amount of peak-hour traffic trips. The Plan shall be approved by the City prior to the issuance of occupancy permits. TSM plans are most effective in office commercial projects where employers can utilize a variety of techniques (i.e., car pooling, staggered work hours, ride sharing, etc.) to reduce travel at peak time periods. Given the size of the proposed office development, this measure would have a higher potential for success. Bicycle racks shall be installed by the applicant on-site for use by employees and patrons. This measure shall be implemented to the satisfaction of the City prior to the issuance of occupancy permits. Improved transit facilities on the project site shall be constructed by the applicant. Such facilities shall include covered and lighted bus stops with turnout bays. Buses do provide mass transit services to the project site. Improvements of this type can encourage ridership and reduce vehicle trips. Also, the applicant shall work with the local transit district to evaluate the feasibility of providing additional bus service to the project site and surrounding area. These measures shall be implemented to the satisfaction of the City and the Orange County Transit District prior to the issuance of occupancy permits. Safe pedestrian walks between buildings and bus stops shall be constructed on-site by the applicant to encourage transit use. This measure shall be implemented to the satisfaction of the City prior to the issuance of occupancy permits. Transportation improvements such as road widenings, signal synchronization, intersection widenings, etc. shall be constructed by the applicant as required by the City of Santa Ana. This measure shall be assured to the satisfaction of the City prior to the issuance of occupancy permits. These measures are aimed at reducing vehicle traffic congestion. If congestion occurs at local intersections or on streets, emissions are substantially increased. Therefore, any measure that reduces delays can substantially reduce project emissions. 12. Car/v~,n pooling programs shall be implemented through employment of a permanent on-site poolin§ coordinator. The applicant shall fund this measure in full and the coordinator shall be identified and funded prior to the issuance of occupancy permits. 13. Preferred parking shall be provided in the parking structure for those who use the pooling program. Signage to that affect shall be installed and maintained by the applicant. This measure shall be implemented to the satisfaction of the City prior to the issuance of occupancy permits. Implementation of the above mitigation measures will reduce the level of air quality impacts; however, the impacts would remain at a level of significance. Water Based on water demand rates provided by the City of Anaheim Public Works Department, project implementation would increase water consumption by 28,524 per peak hour. Because the available water supply is estimated at 109,200 gallons per peak hour, the project impacts to water supply are not considered significant. In order to mitigate the water service impacts of the proposed project, the following mitigation measures have been identified in the environmental impact report: The applicant shall insulate hot water lines in water recirculating systems. This measure shall be implemented to the satisfaction of the City of Santa Ana prior to the issuance of occupancy permits. The applicant shall install low water use faucets in all structures. This measure shall be implemented to the satisfaction of the City of Santa Ana prior to the issuance of occupancy permits. The applicant shall install Iow-flush toilets in all structures. This measure shall be implemented to the satisfaction of the City of Santa Ana prior to the issuance of occupancy permits. The applicant shall ensure that all drinking fountains on-site are fitted with self-closing valves. This measure shall be implemented to the satisfaction of the City of Santa Aha prior to the issuance of occupancy permits. The applicant shall incorporate drip-irrigation systems on-site for landscape watering where appropriate and low water-consuming vegetation shall be used on-site where possible. In addition, all sprinklering devices shall be fitted with timers to reduce water.waste. The landscape irrigation system shall be transferred to a reclaimed water system when it becomes available. This measure shall be implemented to the satisfaction of the City of Santa Ana prior to the issuance of occupancy permits. The applicant shall ensure that the water system has adequate pressure for fire protection purposes. This measure shall be implemented to the satisfaction of the City Fire Department prior to the issuance of Building Permits. 7. Non-water using methods of cleaning and maintenance shall be used on the site. Implen~entation of the above mitigation measures will reduce the level of water impacts to a level of insignificance. 197 ~Vastewater Based on wastewater generation rates provided by the Orange County Sanitation District (OCSD), project implementation would increase by 43,333 gallons per day the amount of wastewater that would be transmitted to, and treated by, the Orange County Sanitation District No. 7. Because the existing wastewater network is adequate to accommodate this increase, the project impacts to wastewater services are not considered significant. In order to mitigate the water service impacts of the proposed project, the following mitigation measures have been identified in the environmental impact report: The applicant shall contribute to the OCSD's Connection Fee fund at a rate of $300.00 per 1,000 square feet of commercial development space. This fee rate would translate to a total contribution of $101,100.00 for the proposed project. This measure would provide the District with funds needed for plant expansions and additional chemical treatment at its treatment facilities. Fees shall he paid by the applicant to the Sanitation District prior to the issuance of occupancy permits. 2. The applicant shall work with the OCSD to identify possible on-site methods of reducing the load strength of project-generated wastewater. Implementation of the above mitigation measures will reduce the level of wastewater impacts to a level of insignificance. Project site grading and construction could increase the amount of on-site erosion which would result in increased sediment in storm drains. Operation of the project is expected to increase the amount of runoff by 2.86 cubic feet per second. Because the increase in runoff is considered negligible, the project impacts to storm drainage services are not considered significant. In order to reduce the magnitude of short-term construction-related impacts to City storm drainage facilities and reduce the potential for impacts during project operation, the following mitigation measures have been identified in the environmental impact report: During the grading and construction period, the applicant shall place sandbags around the site perimeter to prevent sediment-filled runoff from being deposited in City storm drains. This measure shall be implemented to the satisfaction of the City of Santa Ana. Should any project-generated sediment be deposited in City storm drains, the applicant shall fund any required clean-up to the mutual satisfaction of the City and the applicant. This measure shall be implemented to the satisfaction of the City of Santa .ama. Exposed soils shall be covered with soil binding material (such as burlap and/or fast growing grasses) by the applicant as soon as possible to prevent soil erosion during storms. This measure shall be implemented to the satisfaction of the City of Santa Ana. The applicant shall prepare a storm drainage plan and submit it to the City Engineer for review and approval. Such a plan shall identify the location and spedfications of proposed drainage facilities. The report shall show to the satisfaction of the City that the proposed project conforms with appropriate surface runoff p~llution and sediment control features as established by the City of Santa Ana. Parking area maintenance and sweeping shall be conducted regularly (without the use of water) to reduce the amount of pollutants entering the City drainage system. Such measures shall be funded by the applicant. Implementation of the above mitigation measures will reduce the level of storm drainage impacts to a level of insignificance. Solid Waste Demolition of existing site structures would result in a short-term increase in the amount of solid waste that would be generated on the project site. Based on solid waste generation factors provided by the City of Santa Ana Planning Department, project implementation would increase by 14,341,800 pounds per year the amount of solid waste that would be disposed of at Bee Canyon Landfill. Because the Orange County Waste Management Department has indicated that the Bee Canyon landfill lifespan is adequate to accommodate the increase in solid waste generated by the project, solid waste project impacts are not considered significant. In order to mitigate, t.he solid waste impacts of the proposed project, the following mitigafion measures have been identified in the environmental impact report to reduce short-term and long-term solid waste impacts: 1. Trash separation and recycling programs shall be encouraged on-site to decrease the amount of solid waste that would be generated by the proposed project. Prior to disposing of construction debris that would be generated by removal of existing site structure, it shall be checked to the satisfaction of the City for the presence of asbestos. If found, it should be handled and disposed of as per City and EPA requirements. Implementation of the above mitigation measures will reduce the level of solid waste impacts to a level of insignificance. Fire Protection Based on information provided by the City of Santa Aha Fire Department, construction and development of the project is expected to significantly impact the City Fire Department's ability to provide adequate fire protection service. Construction of the project would significantly impact the City Fire Department as increased demands would be placed on Fire Department structure inspectors and plan checkers. Operation of the project would increase the demands On the Fire Department through a likely increase in emergency responses. Construction and operation of the project's two high- rise buildings would create potential hazards because the Fire Department does not maintain the desired amount of high-rise equipment. In order to mitigate the fire protection impacts of the proposed project, the following mitigation measures have been identified in the environmental impact report to reduce short-term and long-term impacts: The following mitigation measures are proposed in order to reduce the magnitude of construction- related impacts to an insignificant level. The Fire Department is in the process of completing an analysis of fair share funding alterations for the purposes of providing funding for the provision of additional fire fighting equipment and personnel in order to enhance the Fire Department's ability to provide plan checkers and site inspectors, fight high-rise fires, and for the possible relocation of fire -- 199 stations in the City as a response to traffic congestion. The applicant shall contribute to this funding mechanism as required by the City Fire Department. As an option to the above funding measure,] the applicant could employ an on-site Deputy Fire Inspector [and could fund an additional Plan Checker] for all required fire inspections and plan checking requirements needed during construction. The selection of the inspector and the funding of the Plan Checker shall be made at the approval of the City Fire Department. This option shall he granted to the applicant at the sole discretion of the City Fire Department. 3. Emergency access shall be provided to all portions of the site prior to the start of combustible construction. 4. Fire hydrants shall be in operating order prior to the start of combustible construction. The following mitigation measures are proposed in order to reduce the magnitude of operation-related impacts to an insignificant level. The traffic section of the EIR lists several mitigation measures designed to improve traffic levels at the 17th Street/Tustin Avenue intersection to a level of acceptability. Those measures are applicable in order to improve Fire Department access to this and other sites. The Fire Department is in the process of completing an analysis of fair share funding alterations for the purposes of providing funding for the provision of additional fire fighting equipment and personnel in order to enhance the Fire Department's ability to provide plan checkers and site inspectors, fight high-rise fires, and for the possible relocation of fire stations in the City as a response to traffic congestion. The applicant shall contribute to this funding mechanism as required by the City Fire Department. As an option to the above funding measure, the applicant could provide funding to the Fire Department for provision of a site inspector. Specifically, the applicant could reimburse the City for eight (8) man-days (three for each office tower and two for the other site uses) when the project is granted a certificate of occupancy and annually thereafter. This option shall be granted to the applicant at the sole discretion of the City Fire Department. The applicant shall be required to show to the satisfaction of the Fire Department that the project would not require a fire flow which exceeds available supplies (4,427 gpm).' This measure shall be implemented prior to the issuance of building permits. All on-site structures, including the parking structure, shall be fitted with automatic sprinklering systems. In addition, the office towers shall be fitted with elevator recall systems, smoke evacuation systems, fire detection systems, pressurized stair wells, zoned alarm systems, phones in stairwells and elevators and roof water reservoirs with 4,500 gallon capacities and other measures as required by City of Santa Ana Municipal Code 14-30. The applicant shall provide the Fire Department with 150~foot clear access to all site structures. South of the proposed parking structure, a reciprocal access easement with the adjoining property owner may be required. Such access shall be shown to the satisfaction of the Fire Department prior to the issuance of building permits. Implementation of the above mitigation measures will reduce the level of fire protection impacts to a level of insignificance. .-/ 200 Police Protection The City of Santa Aha police Department h~i~ {ndicated that the construction and operation of the project would increase the frequency of calls the Police Department would be require~ to respond to; however, not to a level of significance. In order to mitigate the police protection impacts of the proposed project, the following mitigation measures have been identified in the environmental impact report: The applicant shall provide an on-site security system for the office towers and the parking structure that includes alarms and other communications devices. The Police Department has indicated that one on-site private security officer may be required to patrol the parking structure and one officer may be required to patrol the remaining buildings. The specifics of such measures shall be approved by the City Police Department prior to the granting of final occupancy permits. 2. Other security measures (i.e., lighting, gates, etc.) shall be implemented as outlined in the City's Building Securit_v Ordinaneg Manual. Implementation of the above mitigation measures will reduce the level of police protection impacts to a level of insignificance. Cumulative Impacts Impacts anticipated from development of the project would combine with those impacts generated by past, present, and foreseeable future projects in the vicinity of the project site. These projects are located within the jurisdiction of the City of Santa Ana and the other jurisdictions including the Cities of Tustin, Orange and the County of Orange. These projects range from office developments, to a car wash, to car dealerships, to single-family residential developments. Because these projects are located in relative proximity to to the project site and would potentially impact the same public service areas as the proposed project, it was concluded that these projects had the greatest potential to affect the project site's surrounding environment, and would provide an adequate and realistic forecast of future environmental conditions. The EIR identifies the following cumulative impacts that would be expected to remain at a level of significance after mitigation: 1. Traffic Implementation of all the cumulative projects (including the proposed projec0 would result in deterioration of local traffic at study intersections. 2. Air Ouality Implementation of all the cumulative projects (inclUding the proposed project) represents a substantial increase in regional development. In addition to contributing to local short-term particulate levels during construction periods, these projects would increase the amount of pollutants in the region over the long-term. Because such emissions would worsen air quality in the South Coast Air Basin which does not presently meet federal air emissions standards as directed by the Clean Air Act, air quality in the region would be significantly impacted. ,201 Implementation of all cumulative projects would result in substantial increases in water consumption. Using water consumption rates provided by the City of Santa Ana, estimated water consumption from the cumulative project set (including the proposed project) has been calculated at 1,197,742 gallons per day. It should be noted that the table reflects water demand for only those projects on the related projects list which receive their water from the City of Santa Ana. This increase in water consumption would result in approximately a 2.8 percent increase in the 43 million gallons per day the City of Santa presently distributes to residents and business in the City. The proposed project would consume approximately 6.7 percent of the 1.197 million glxt of water that would be consumed by the overall cumulative project set. Such an increase would create long-term adverse impacts over time assuming the number of sources for water becomes limited and the demand for water continues to rise. Given that water is of a major concern in southern California today and in the years to come, cumulative impacts generated by the proposed project would be conside~l significant. 4. Fire Protection Increases in vehicular traffic congestion are expected to reduce Fire Department response times in emergency situations. Given the reduced levels of service expected to occur at key City intersections as a result of cumulative development, such impacts would be considered significant in nature. Growth Inducen~nt The project would result in the removal of impediments to growth by requiring an amendment to the City of Santa Ana General Plan. Although it is not expected that the economic influences associated with this project would significantly effect the economy of the local or regional area or significantly stimulate additional growth as a response to its implementation, direct and indirect growth would primarily occur in the form of a economic response to a long-term increase in employment opportunities that could be created, an increased demand for housing in the City and surrounding area, and increases in the demand for goods and services on a local level. Therefore, the project as proposed, is considered growth inducing given this evaluation criteria. WHEREAS, significant adverse impacts have been identified which can be wholly or partly be mitigated and the following is offered as overriding considerations for carrying out the project: Overriding Consideration~ The development of the site as an office complex would increase the economic productivity of the land, increase social productivity for the surrounding community, and increase the amount of employment opportunities available to the surrounding community. These factors outweigh the significant project and cumulative impacts as they will help to further stabilize the local economy by providing additional jobs, tax revenue, necessary public services and community convenience. In addition, the proposed project would be a more beneficial development for the City of Santa Ana than the alternative projects described in the EIR based on these factors. q - REPORTING/MONITORING PROGRAM BENTALL CENTRE PROJECT The following mitigation Environmental Impact Report Site Plan Review 88-31. as indicated: measures from the Bentall Project (EIR) are conditions of approval of Verification of compliance shall occur A. The following details shall be incorporated onto plans submitted for BUILDING PLAN CHECK: : Phase I & Phase Bicycle racks shall be constructed on-site for use by employees and patrons. The applicant shall insulate hot water lines in water recirculating systems. 3. The applicant shall install low water use faucets in all structures. 4. The applicant shall install low-flush toilets in all structures. The applicant shall ensure that all drinking fountains on-site are fitted with self-closing valves. The applicant shall incorporate drip-irrigation systems on-site for landscape watering where appropriate and low water consuming vegetation shall be used on-site where possible. In addition all sprinklering devices shall b~ to reduce water waste. The landscape irrigation system shall be transferred to a reclaimed water system when it becomes available. The applicant shall p~epare a storm drain improvement plan and submit it to the City Engineer for review and approval, such a plan shall identify the locatiom and specifications of proposed drainage facilities. The applicant shall be required to show to the satisfaction of the Fire Department that the project would' not require fire flows in excess of supply (4,437 gpm). 203 10. 11. 12. 13. 14. 15. 16. 17. 1{~. All on-site structures, including the parking structure, shall be fitted with automatic sprinklertng systems. In addition, the office towers shall be fitted with elevator recall systems, smoke evacuation systems, fire detection systems, pressurized stair wells, zoned alarm systems, phones in stairwells and elevators and roof water reservoirs with 4,500 gallon capacities and other measures as required by City of Santa Aha Municipal Code 14-30. The applicant shall provide an on-site security system for the office towers and the parking structure that includes alarms and other communication devices. Other security measures (i.e., lighting, gates, etc) shall be implemented as outlined in the city's Building Security Ordinance Manual. A Detail of improved transit facilities including required bus stop. The location of pedestrian walkways designed to allow the safe and convenient movement of persons to and from the building and bus loading facilities. One hundred fifty (150) feet of clear access to all sides of the building shall be provided or the applicant shall obtain an alternate protection waiver from the Fire Department. Phase Dedicate Tustin Avenue for a width of slxty-fiv~ (65) feet centerline to property line from the south property line to a po~nt fifty (50) feet northerly of the centerline of project driveway. Dedicate Tustin Avenue for a width of sixty-two (62) feet centerline to property line for entire width of property northerly from the north beginning curb return of the project driveway. Dedicate the 36' x 60' rectangular area in project driveway as a traffic signal easement to City. Record an irrevocable offer to dedicate the remaining right-of-way for the ultimate bus bay northerly of the project driveway per the Interium Improvement Plan dated October 24, 1989 by Greet and Company. 19. The applicant shall prepare improvement plans and submit it to the City Engineer for review approval. Such plan shall identify the street improvements; traffic signal and channelization. Phase II 20. Dedicate the ultimate street right-of-way on Tustin Avenue across subject property. The following shall be completed prior to the issuance of Building Permits: Phase I Provide a letter of agreement stating that at the time such a program is operational, fair share funding shall be provided by this applicant for the provision of additional equipment/facilities in order to enhance the Fire Departments ability to fight high-rise fires. During the construction of the project, comply with the following: Phase I & Phase II Should any project-generated sediment be deposited in City storm drains, the applicant shall fund any required clean-up to the mutual satisfaction of the City and the applicant. Exposed soils shall be covered with soil binding material (such as burlap and/or fast growing grasses) as soon as possible to prevent soil erosion during storms. Cease grading activities when local wind conditions exceed 30 m.p.h. Institute a watering program to form a crust on the ground surface to reduce fugitive dust. Comply with rule 1403 of the South Coast Air Quality Management District. Ail construction debris shall be checked for the presence of asbestos and if necessary disposed of according to all applicable regulations. ~mergency access shall be provided (to the satisfaction of the ?ire Department) prior to the placement of combustibles on-site. Fire hydrants shall be in operating order prior to placement of combustibles on-site. the Prior to approval of Certificate of Occupancy: Phase I & Phase II Develop a Transportation Demand Management (TDM) Plan to be approved by the Public Works Agency in compliance with TDM program outlined on pages 46 thru 49 of the Traffic Study.. Verify compliance with items number 1 through 20 of Section A. Phase I Widen the east side of Tustin Avenue adjacent to the project site to provide for an additional lane as a future right' turn lane at Seventeenth Street per approved plans. Restripe Tustin Avenue to accommodate dual left turn lanes southbound into the project driveway. Install a bus bay and bus shelter on the east side of Tustin Avenue just northerly of the project driveway in accordance with OCTD design standards. Install the proposed traffic signal on Tustin Avenue per approved plans. ~ Construct extended raised landscaped median with left turn pocket in Tustin Avenue Southerly of project driveway. Reconstruct new storm drain and manholes per approved plan. Pay any difference of a Transportation System Improvement fee increase from the fee rate collected at time of release of Building Permit. 10. Provide the Public Works Agency with a cash deposit of $75,000.00 to guarantee the completion of the required improvements on Tustin Avenue across subject property. 11. *NOTE: Exact value to be based on current construction cost index at time Phase II is developed. Remove existing landscaping, restaurant pole sign~ parking lot paving and replace with landscaping and sprinkling with services and meters per approved plans. 12. Pay any difference of a Transportation System Improvement fee increase from the fee rate collected at time of release of Building Permit. Compliance with the mitigation measures identified below will be required as part of the on-going operation of the proposed project: Phase I & Phase II Hardscape area maintenance and sweeping shall be conducted regularly (without the use of water) to reduce the amount of pollutants entering the City drainage system. Comply with TDM program requirement reporting and performance requirements. for annual