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HomeMy WebLinkAbout02 DR 10-014ITEM #2 Report to the Planning Commission DATE: SEPTEMBER 28, 2010 TUSTI N mom SUBJECT: DESIGN REVIEW 10-014 APPLICANT: ORA MIRABELLA 60, LLC C/O MICHAEL RECUPERO RECUPERO AND ASSOCIATES, INC. 31877 DEL OBISPO STREET, SUITE 204 SAN JUAN CAPISTRANO, CA 92675-3228 PROPERTY OWNER: ORA MIRABELLA 60, LLC C/O MICHAEL RECUPERO 10880 WILSHIRE BOULEVARD, SUITE 1420 LOS ANGELES, CA 90024 LOCATION: MIRABELLA AT COLUMBUS SQUARE LOTS 266 THROUGH 272 OF TRACT 16581; PLANNING AREA 5: GENERALLY BOUNDED BY EDINGER AVENUE ON THE NORTH; VALENCIA AVENUE ON THE SOUTH; SEVERYNS ROAD ON THE WEST; AND KENSINGTON PARK DRIVE ON THE EAST ZONING: MCAS TUSTIN SPECIFIC PLAN (SP -1) NEIGHBORHOOD B, PLANNING AREA 5 - MEDIUM DENSITY RESIDENTIAL, CONDOMINIUMS AND MULTIPLE FAMILY DWELLINGS GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THE PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PURSUANT TO SECTION 65457 OF THE CALIFORNIA GOVERNMENT CODE AND CEQA GUIDELINES SECTION 15162 AND 15168(C) REQUEST: TO DEVELOP 60 UNITS CONSISTING OF ATTACHED SINGLE-FAMILY TOWNHOMES KNOWN AS "MIRABELLA" IN COLUMBUS SQUARE AT TUSTIN LEGACY Planning Commission Report September 28, 2010 DR 10-014 Page 2 That the Planning Commission adopt Resolution No. 4157 approving Design Review 10-014, authorizing the development of 60 units consisting of attached single-family townhomes at Mirabella in Columbus Square at Tustin Legacy (Lots 266 through 272 of Tract 16581). BACKGROUND The project site is located within the community of Columbus Square at Tustin Legacy (see Attachment A — Location Map). In 2005, the entire development proposal for Columbus Grove and Columbus Square (collectively known as the "Villages of Columbus") was reviewed and approved by the Planning Commission and City Council. The proposed project was originally entitled for development of 60 units consisting of three- story tuck -under townhomes with four plan types under Tentative Tract Map 16581, Concept Plan 03-003, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003 (see Attachments C and D). The previously approved townhomes maximized the allowable square footage by providing a tuck -under garage and two-story living space above. At the time the original entitlement was approved, the building code limited the square footage on the second and third floors and the first floor could be considered a "basement' space, allowing the builder to increase the square footage. In order to classify the first floor as a basement, a certain percentage of the first floor (typically three sides of the garage, were to be constructed beneath grade. This building style was called a "half -tuck" or "tuck -under" townhome, where the resident walked up half a floor, usually to an exterior patio, and entered the home at a midlevel parlor. From the front, the home appeared to rest atop a large berm and looked to be approximately two and a half stories. From the rear, the berm tapered down to street level and the home was three stories tall. In 2007, the building code changed, requiring a percentage of attached multistory homes to have an accessible bathroom. As the half -tuck required steps to walk up to the front door, the newly adopted building code made this type of design near obsolete. At that time the builder elected to obtain all 60 building permits, which would have allowed all homes in Mirabella to be constructed under the previous building code. The internal street improvements were completed; underground improvements were installed; and building construction commenced; however, due to market conditions, construction was halted, and the project was sold to the current owner (ORA Mirabella 60 LLC). Planning Commission Report September 28, 2010 DR 10-014 Page 3 Construction did not proceed and the permits expired. A new Design Review application was required to be filed to continue construction of the Mirabella site. The new product design proposed for the Mirabella project has been altered. Although the square footage of the newly proposed project is smaller than the originally approved project, there is no change in the overall unit density or orientation of the site. The project remains a 60 unit project. The original building footprint was closely maintained; and the new project is now proposed at two stories rather than three. The newly proposed building elevations also provide single story elements along the front as well as enhancements to the side and rear to add architectural character consistent with the Columbus Square neighborhood. DISCUSSION Site and Surroundings The project site is located within Columbus Square and is generally bounded by Edinger Avenue on the North; Valencia Avenue on the South; Severyns Road on the West; and Kensington Park Drive on the East. It includes Lots 266 through 272 of Tract 16581. The zoning designation is MCAS Tustin Specific Plan, Neighborhood B, Planning Area 5 — medium density residential, condominium and multiple family dwellings. Figure 1. Location Map Planning Commission Report September 28, 2010 DR 10-014 Page 4 Columbus Square is a community of 1,075 residential units' located within Tustin Legacy adjacent to a planned community park on the southwest and a planned urban regional park on the south. The Tract includes 386 numbered lots and is comprised of 105.5 gross acres (72.7 net acres for housing development, 22.3 acres of private streets, and 10.5 acres of private carriage ways). Within Columbus Square, Mirabella is located along the north side of Montgomery Street and is located adjacent to the Columbus Square community center and Village Green Park (see Figure 1 — Location Map). The project includes seven lots and the overall site area is 3.61 acres with a density average of 16.6 dwelling units per acre which is consistent with the previous approval and the density requirements of Planning Area 5. The primary project entry is off of Kensington Drive at Georgia Street and Valencia Avenue and Columbus Square (see Figure 2 Phasing Plan). I MIRABELLA TOWNHOMES AT COLUMBUS SOUARE PHASING PLAN TENTATNE TFA'70,TIn, LOTH 266-272 IVA CrrY OF TUSTIN Figure 2. Phasing Plan Project Proposal, Site Design, and Architecture The project proposal includes the development of 60 units consisting of attached single- family townhomes, each with a two -car garage located along a rear alley access. There are three floor plan types which offer three to four bedrooms and two and a half to three baths for each plan. The unit size was reduced from the original proposal by an average of 525 square feet and is now proposed at 1,661 square feet for plan one up to 2,156 square feet for plan three. The reduction in the floor plan size was a result of marketing studies and the overall reduced height of three stories down to two stories. It 1 Originally approved for 1,077 units; not all units have been constructed. Planning Commission Report September 28, 2010 DR 10-014 Page 5 also allowed for the incorporation of more architectural elements, including a reduced massing along the front and rear street scenes. Figure 3: Architectural Renderings An illustration showing the variety of elevations and design features is shown in Figure 3 and is attached (see Attachment B). The architectural style of the townhomes is a Colonial Revival. The revised architecture includes features that are complementary in style, materials, and colors to the existing and newly proposed homes in Columbus Square, Staff worked with the applicant to provide increased variation of the rooflines, setbacks, and building returns, and updated materials and color pallet for Mirabella. The original color palette for Mirabella consisted of three separate color schemes applied to individual buildings (each with six to seven units per complex). Each building had one color scheme for the entire complex. The revised color palette utilizes the three original color schemes; however, these three schemes are now applied with one color scheme per unit to define individual units and emphasize the vertical lines of the structure. Based on the revisions requested, the project now proposes three body colors, three accent colors, white trim, a brick fagade and design features including some of the following style elements: composition high definition shingles; stucco covered trim; boxed wood columns; decorative gable accents; vinyl window frames with mullions and exterior grids; decorative shutters; a covered entry; and larger private patio area off the entry of each home. Each elevation of all the six-plex and seven-plex buildings have incorporated these "enhanced elevation" materials. Planning Commission Report September 28, 2010 DR 10-014 Page 6 Based on the updated building code requirements, the project includes six adaptable ground floor units within the complex. These units are located at the end unit in Plan Three and are designed with additional features (such as reinforced walls in bathrooms to allow grab bar installation, adjustable countertops, etc). These units will allow conversion to accessible units should the buyer choose to do so. Utilities As indicated in the Background section of this report, in 2007, the builder obtained building permits and began construction. However, the construction was halted by the builder shortly after the underground improvements were installed. Although measures were taken by the City and by the builder to protect the underground utilities from the elements, the integrity and conditions of the existing underground utilities should be checked by a registered professional prior to the commencement of construction on-site. Therefore, staff has included a condition of approval (Condition 2.7) to ensure that the utilities are stable. Parking All of the homes have been designed with alley -loaded garages that have decorative roll -up doors and storage areas. The garages have been designed to provide storage space along with adequate garage parking space to accommodate two larger vehicles. Ten guest parking spaces are provided on-site off of Mirabella Way. Additional on -street guest parking is provided in accordance with MCAS Specific Plan requirements. These parking spaces are 9' x 22' and are located along each of the 36 foot private streets. Approximately 39 guest spaces will be provided on the adjacent streets within the Mirabella community. Prior Approval and Conditions of Approval The project was originally approved as a part of Tract Map 16581, Concept Plan 03- 003, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003 for the Columbus Square community; therefore, the resolutions and conditions of approval of those projects still apply. As a result, staff is recommending that a general condition of approval (proposed Condition 1.9) on Design Review 10-014 be included to clarify that all applicable conditions of Resolution No. 05-40 (Tract Map approval) and Planning Commission Resolution No. 3953 (Design Review approval) remain applicable. Additional conditions of approval have been included in proposed Resolution No. 4157. Planning Commission Report September 28, 2010 DR 10-014 Page 7 No affordable housing units are located in the Mirabella development per the adopted Affordable Housing Plan for Planning Areas 4 and 5 (Columbus Square) at Tustin Legacy. ENVIRONMENTAL ANALYSIS This project is determined to be exempt from additional CEQA review pursuant to California Government Code Section 65457, which provides that once the EIR has been certified and the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review. In accordance with Article 11 Section 15162 and 15168(c) of the State CEQA Guidelines for subsequent EIRs and Negative Declarations, when an EIR has been certified or Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project. CEQA Guidelines Section 15168(c), Program EIR, Use with Later Activities, further states that subsequent activities in the program must be examined in the light of the program EIR. If the Agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the environmental impacts of the reuse and disposal of MCAS Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003, the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The development of Mirabella at Columbus Square is a residential development project that is being undertaken to implement, and is consistent with, the MCAS Tustin Specific Plan, as amended. No substantial changes in the project or circumstances under which it is being undertaken have occurred, and no new information which was not known at the time the EIR was certified (or amended) has become available. Therefore, pursuant to California Government Code Section 65457 and in accordance with State CEQA Guidelines Sections 15162 and 15168(c), the proposed project is exempt from additional environmental review. Planning Commission Report September 28, 2010 DR 10-014 Page 8 CONCLUSION With the exception of the minor changes to floor plans, a reduction in height, and architectural details, the plans submitted are consistent with the plans that were previously approved by the City during the plan check process. These changes are in substantial conformance with the original entitlement for the Mirabella project and the development standards for MCAS Tustin Specific Plan, Neighborhood B, Planning Area 5 — medium density residential, condominium and multiple family dwelling. Therefore, staff is recommending that the Planning Commission approve Design Review 10-014 for the proposed project. 1 Amy Thomas, AICP Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Location Map, MCAS Tustin Specific Plan Land Use Planning Areas, Land Use Application Fact Sheet B. Proposed Plans: i. Technical site plans ii. Architectural elevations and floor plans iii. Phasing Plan/Photograph location plan and photos C. Planning Commission Resolution Nos. 3951 and 3953 D. City Council Resolution Nos. 05-38 and 05-40 E. Draft Planning Commission Resolution No. 4157 ATTACHMENT A Location Map MCAS Tustin Specific Plan Land Use Planning Areas Land Use Application Fact Sheet Attachment A Location Map S! • Land Use and Development/Reuse Regulations Land Use Planning Areas FP -A-11 - PLANNING AREA NUMBER © - MCAS TUSTIN BOUNDARY - RVM/TUSTW/SMTA ANA BOUNDARY - SPECIFIC PVN BOUNDARY ® - ADDITIONAL ROAD RIGHT OF WAY NOTES+ 1. Roadway ottq U ore conceptual. 2 DU- Dw*Wg Urik 3. need. ah. indicate rood right o1 rwy. L. Pak tad Sewd vie lacdont am chu"Atia any. Mud ails bwtim*1 be appry dllM Ane of aubdmicn map, : Withln the Gly of Irwbm, the daneity w4hn the Med u D.wty Rwidentiat dsdgnvlion rlY not awcaad 12.5 dweNng urate Per acre. REVISED xwroam lee . HfJTB AICAS Tn. S/vi%c Poe Gry-ITunia Five, 3-1 1. 2. 4. 5. 6. 7 E 0 LAND USE APPLICATION FACT SHEET LAND USE APPLICATION NUMBER(S): Design Review 10-014 (DR 10-014). LOCATION: Located within Columbus Square and is generally bounded by Edinger Avenue on the North: Valencia Avenue on the South: Severvns Road on the West and Kensington Park Drive on the East. 3. ADDRESS: Not assigned LOT: Lots 266 through 272 TRACT: Tract 16581 APN(S):430-341-01 through 04 430-341-15 through 17 PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: The proiect, originally entitled under Tentative Tract Map 16581 Concept Plan 03-003 Design Review 04- 006 Specific Plan AmendmenUZone Change 04-003 but since construction did not commence the entitlement expired, and a new Design Review application was required. SURROUNDING LAND USES: NORTH: Residential - single family detached EAST: Village Green park SURROUNDING ZONING DESIGNATION: NORTH: SP -1- Low Density Residential EAST: SP -1 - Neighborhood Park SOUTH: Residential — condominiums. park WEST: Residential—condominiums SOUTH: SP -1 — Medium Density Residential WEST: SP -1 — Medium Density Residential SURROUNDING GENERAL PLAN DESIGNATION: NORTH: MCAS Tustin Specific Plan SOUTH: MCAS Tustin Specific Plan EAST: MCAS Tustin Specific Plan 10. SITE LAND USE: WEST: MCAS Tustin Specific Plan A. EXISTING: Vacant B. PROPOSED: Residential — Condominiums C. GENERAL PLAN: MCAS Tustin Specific Plan D. ZONING: SP -1 MCAS Tustin Specific Plan Neighborhood B. Planning Area 5 — Medium Density Residential. Condominiums and Multiple Family Dwellings PROPOSED GP: same PROPOSED ZONING: same DEVELOPMENT FACTS: 11. SITE AREA: 3.61 Acres (157.252.23 square feet) 12. BUILDING LOT COVERAGE: 65% MAX. PERMITTED 56.6% PROPOSED 13. SITE LANDSCAPING: In accordance with SPA Section 2.17 14. OPEN SPACE: 24.000 sq. ft. (400 sq. ft. per dwelling unit) REQUIRED 34,800sg. ft. PROVIDED 15. PARKING: 2 garage or carport + 0.25/unit quest (total 135) REQUIRED 2garage/unit (120) + 10 quest and *39 adjacent on -street parking spaces (total 169) PROPOSED *Per MCAS Tustin Specific Plan — On -street parking may count toward fulfilling visitor parking requirements if on a private street. 16. BUILDING HEIGHT: 40 ft. MAXIMUM Max 30'8" ft. PROPOSED 17. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: loft. 10 ft. SIDE: 3 ft minimum/aggregate 10 ft 3 ft minimum/aggregate 10 ft REAR: 5 ft to private drive 5 ft to private drive 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) ATTACHMENT B Proposed Plans: i. Technical site plans ii. Architectural elevations and floor plans iii. Phasing Plan/Photograph location plan and photos MIRABELLA IN COLUMBUS SQUARE COLUMBUS SITE PLAN TENTATIVE TRACT NO. 76581, LOTS 266-272 SQUARE PA 5-4 OrrY OF TUSTIN WAS Tustin Specific Plan Planning Area 5-4 i I Tustin, California i I 1 II Master Developers: i�i�ar wes ----- L- w I' I "o i'�— �1 r ® L — IIs 1 Yab in P ers. LLC PA 5-4 MIRABELLA k LUXURY TOWNHOMES ry� r-T s-! �i M E V 1 5 I O N S iY � � 11Y m VL m®m m m® bV VD m VP hV i' Vv I Vv � � Vi' VV ®�Y � I i nre omrmi .01 =R 1 t�J RIDECr Mllml N.ta SITE PLAN r I iR�er Ycat LOIf asv: ! iaeeu R caueA B7WE I mr a,lanl RR moGwN Arrmu lEGEIR WITES SEE PHASING SIMAARY Ildklla`E ® — -a. 5 F. /AKJ'JI oT�r i SHEET 1 OF 1 =W ' I I 1� 8 I 1 I a w � n g o SII ISI 4' c ss z z�l I — — — — — — — t a L 1 L LEGEND W I — — — — — — — ---$----- � ''3r"G7 w cs.w rz�cw. n.un ween n�:.w .. n. 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[n ` 111 ri;L Iki: I.� - 4= � ,� •.int v List of Exhibits VICIWffY MAP m W w Cover Sheet Cover Sheet Una Plans - Plant Lad .4rrhitectural SgePlan .5P Unit Plans- Plan 2 A-3.2 Street Scene- 7 Plex Building &1 Ung Plans - Plana 6-3.3 6 Plex Building Plans'First Floor A-1.1 7 -Pleur Front View Elewflon A4.1 6 Plex Building Plans -Second Floor (41.2 6Plex Elevators &Rear DrW Isle: View 1 ".2 - .-- -Front f41.3 6 Plex ElevationslRoof Plan -Left & Right A-1.4 Dare Isle: View 6A.3 7-Plex: Front Birdseye Vim A-4.4 -I 7 Plex Building Plans�First Floor A:M 7 Plex Building PW"ewnd Floor &2Y 7 Plex Elevations -From & Rear h2.3 7. Plax ElewfionslRoof Plan -Left & Right A 2.4 I ELLA N7�013ift1I�Om� TM♦ a VSTIN CK,LL'QN\N N, C LIFORRNLA WIWAM HQMAI.MAI-CH CS ARCHITECTS INC. WILLIAM LYON HOMES VICINITY MAP Residential Project Summary: Residential Summary: Residential Area: 3.61 Acres ± Plan 1 Total Units: 60 Homes 1,689-1,706 sf, 3 bdm 18 Urals Density: 16.6 Homes/Acre --t 2.5 Bath, 2 Car Garage Plan 2 1,846-1,873 s.f., 3 bdn 24 Units 2.5 Bah 2 Car Garage Plan 3 2,172-2.198 s.f., 3 bdn 18 Ulft PROPOSED ADAPTABLE GROUND FLOOR 3 bath, 2 Car Garage UNIT LOCATIONS (6) UNITSTOTAL FJ [L ---- — -------------- --------- -- — — ------------ VA, 64fax 6AWX X L-6- ' r; A4 M VILLAGE GREEN (11, 9D ***a%7* w 7 -Alm T ----------- ------ ----- PARK i ARCHITECTURAL SITE PLAN ]!iIURABELLA Wffmm Lyon Hoiries TUSTIN, CALIFORNIA WILLIAM H�MALHALCH ARCHITECTS INC. WILLIAM LYON HOMES _ Ja i. i J film IF NM?-ABELLA .., ARCKITECTS INC, I11�' a.Ga I — — APPrR wPAN ANYF O M3 - m105nE xmel glv6' ,pIVGI. EZ AHAmIP oPAc J L vPAe Ylpa 6 x,. ..`. I I 9141 - vnN IAAF moIFP I I I I ..x. Gw oG d• II NPIr. L7-7 y1 ____J I4W HRfR9l NNi40YJ �. 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S e 0 ;16 ME_�� - GL9 MIRABELLA TOWNHOMES AT COLUMBUS SQUARE PHASING PLAN TENTATIVE TRACT NO. 16581, LOTS 266-272 PA 5-4 CITY OF TUSTIN Picture location/direction #1 ' Picture location/direction #2 ----------- ------- V/ ----- GEORGIA STREET - - - -- PHASE 4/B.O �';I/! PHASE 3 PHAS�E�,�,,,2 3�powl ® LOT 267 o200 LOT 268 L� o a J3 3- t VJ W ® LOT 270 $ PHASING LEGEND MODEL PHASE I, PHASE t PHASE Z l! PHASE 3 PHASE 4/HD. ® BULONG NUMBER N0. �}—UNIT B UNTf TYPE LOCATIONS OF PHOTOGRAPHS TAKEN - SITE AND SURROUNDING AREA �QU✓�it1'3 i � y p e®�� I ® LOr271 MONTGOMERY STREET PHASING SUMMARY I COLUMBUS SQUARE i L--' MCAS Tustin Specific Plan Planning Area 5-4 -- TuB1In, CBllfamlo M t D I PHASE N0. LOT AREA Nff NUMBERS TOTAL N0. OF UNITS VNFIS TYPES as er eve opera. 14.245 4 (0.}3 .1C) 35 -.1 J 1 M272 Lennor Communities 1 ' MIliam Lyon Homes TOTAL26.591 SF @.66 K) 14 { Picture direction/location #3. 5-4 I MIRABELLA �o I AT COLUMBUS SQ. LUXURY P9kTIDIN OF 271 14.fifiA S'(434 M) 21 - 22 i TOWNHOMES I 2],944 SF (0.61 AC) 1} IU 5 REVISIONS, ogre Btsexvlloee 'I I i e/s/1B Aaom ett. xCs I I I PORii01N DP 271 11RU ff @.ID M) IS - 20 6 B.A,c ssim: o4-,z-w1a rBOEn xu1m, ,mmR PHASE N0. LOT AREA Nff NUMBERS TOTAL N0. OF UNITS VNFIS TYPES 14.245 4 (0.}3 .1C) 35 -.1 J 1 M272 3 1 Ak5 T (6'a AC) 26 - 34PHASE TOTAL26.591 SF @.66 K) 14 { 6 { POItTIDIN Or 268 13,060 SF ("MM) 42 - 4J 6 P9kTIDIN OF 271 14.fifiA S'(434 M) 21 - 22 i PHASE TOTAL 2],944 SF (0.61 AC) 1} { 5 POR110JN OF 2881 12,77 9 (0,29 M) 46 - 53 6 3 PORii01N DP 271 11RU ff @.ID M) IS - 20 6 PHASE TOTAL I I 25,815 ff (059 AC) t2 q 4 267 1{,79 IF (BA M) 4/97. 2]O 15,150 Y (035 M) PHASE TOTAL 29673 S' (669 M) 14 9 6 9 MODEL 266 15,192 W (0.35 X) I- 7 ➢ 1 2 1 3 2 SUB -TOTAL 15.410 W (2.93 M) DRIVES h PARNINC EC,ED,EE.EF,EG 29.814 SF (065 M) SITE TOTAL I I 157,2M SF (151 9) 160 16 2< 16 MIRABELLA SITE PHOTOS AUGUST 2010 `��►_s. � � ����"� amt I 4 I' fl, T 7 Y < +f yyry #3 ATTACHMENT C Planning Commission Resolution Nos. 3951 And 3953 RESOLUTION NO. 3551 A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONCEPT PLAN 03-003 TO SUBDIVIDE 105.5 ACRES (GROSS) AND DEVELOP 1,077 RESIDENTIAL UNITS BOUNDED BY EDINGER AVENUE ON THE NORTH, VALENCIA NORTH LOOP ROAD ON THE SOUTH, AN INDUSTRIAL BUSINESS PARK AND SEVERYNS ROAD ON THE WEST, AND WEST CONNECTOR ROAD ON THE EAST WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS- TUSTIN SPECIFIC PLAN (PARCEL 23 AND PARCEL 24) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Marble Mountain Partners LLC submitted a proper application for Concept Plan 03-003 to subdivide 105.5 acres for the purpose of developing 1,077 residential units including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (senior housing -- for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 18 carriage way units, 552 Multiple Family Attached (MFR), 170 Multiple Family Attached (senior housing — for ownership tenure) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS Tustin Speck Plan; B. That pursuant to Section 4.2.1 of the MCAS Tustin Speck Plan, submittal of a concept plan for development of planning areas is required prior to or concurrent with an initial subdivision application; C. That Marble Mountain Partners LLC has submitted concurrent development applications identified as Tentative Tract Map 16581, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003, and a request for incentives for the provision of affordable housing and a request to transfer affordable housing units from Planning Area 4 to Planning Area 5; and, D. With development of this site, the applicant has requested a density bonus, density averaging, and an affordable housing plan for transfer of lower income and moderate income units from Planning Area 4 to Planning Area 5, which will be binding with execution of a --- Housing Agreement. Resolution No. 3951 Page 2 That Concept Plan 03-003 is in conformance with the Tustin Area — General Plan and MCAS Tustin Specific Plan and approval of Concept Plan 03-003, subject to conditions contained in Resolution Nos. 3952, 3953, and 3954, would achieve the development concepts set forth by the MCAS Tustin Specific Plan, including: 1. Ensuring the continuity and adequacy of all circulation systems, such as: roadways, access points, trails, pedestrian ways, and other infrastructure systems needed to serve the project; 2. Ensuring the continuity and design quality of architecture, landscape, and hardscape themes and treatments; 3. Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Speck Plan; 4. Ensuring conformity with the Non -Residential Land Use Trip Budget; and, 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. II. The Planning Commission hereby approves Concept Plan 03-003 for the development of 1,077 residential units, subject to the conditions of approval attached hereto. PASSED AND ADOPTED at a regularn n f � `u�in Planning Commission held on the 10 day of February, (�_ll VA JOHN NIELSEN Chairperson ELIZABETH A. INSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3951 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day February, 2005. ELIZABETH A. B NSACK Planning Commission Secretary (1) (1) (1) 1.1 EXHIBIT A — CONCEPT PLAN 03-003 RESOLUTION NO. 3951 CONDITIONS OF APPROVAL Concept Plan 03-003 is approved for development of 1,077 residential units in Planning Area 4 and Planning Area 5 as follows: Planning Area 4 (Parcel 23) 84 Single Family Detached (SFD) 181 Carriage Way SFD 72 Multiple Family Attached (Senior Housing -- for ownership tenure) Total: 337 units Average density of 8.62 du/acre Planning Area 5 (Parcel 24) 18 Carriage Way units 552 Multiple Family Attached (MFR) 170 Multiple Family Attached (Senior Housing — for ownership tenure) Total: 740 units Average density 17.53 du/acre 1.2 The approved concept plan is subject to execution of a Housing Agreement between Marble Mountain Partners LLC and City of Tustin in conformance with the requirements of the density bonus application and as approved by the City Council. All entitlements of Concept Plan 03-003 will become null and void in case of any default of terms and conditions of the Housing Incentive Agreement. 1.3 Resolution No. 3951 shall become null and void in the event that Resolution Nos. 3950, 3952 approving Spec Plan .Amendment/ Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 4 to Planning Area 5, are not approved by the City Council. (1) 1.4 Approval of Concept Plan 03-003 shall be contingent upon all conditions of approval contained within Resolution Nos. 3949, 3950, 3952, and 3953. RESOLUTION NO. 3953 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 04-006 AUTHORIZING THE DEVELOPMENT OF 1,077 RESIDENTIAL UNITS ON A 105.5 ACRE (GROSS) SITE BOUNDED BY EDINGER AVENUE ON THE NORTH, AN OFFICE INDUSTRIAL BUILDING AND SEVERYNS ROAD ON THE WEST, VALENCIA NORTH LOOP ROAD ON THE SOUTH AND WEST CONNECTOR ROAD ON THE EAST WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS TUSTIN SPECIFIC PLAN (PARCEL 23 AND PARCEL 24) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 04-006 was submitted by Marble Mountain Partners LLC for development of 1,077 residential units including 84 Single Family Detached (SFD), 181 Carriage Way (SFD), 72 condominium units (senior housing -- for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 18 Carriage Way units (SFD), 552 Condominium units (Multiple Family Residential), and 170 condominium units (senior housing — for ownership tenure) for a total of 740 units at an average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS -Tustin Specific Plan on a 105.5 -acre site within Planning Area 4 and Planning Area 5 of the MCAS -Tustin Specific Plan (Parcel 23 and 24); B. That a public hearing was duly called, noticed, and held for said application on January 24, 2005 and continued to February 14, 2005, by the Planning Commission; C. That the site is located in the MCAS -Tustin Specific Plan" land use designation of the General Plan, which provides for residential development, and in Planning Areas 4 and 5 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential and Medium Density Residential on MCAS Tustin Reuse Plan Disposal Parcel 23 and Parcel 24; D. That, as conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, WAS Tustin Specific Plan, as amended by Zone Change 04-003, State Subdivision Map Act and the City's Subdivision Code; Resolution 3953 DR 04-006 Page 2 E. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. 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, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. F. That the applicant has requested approval of Tentative Tract Map 16581 ("The Map") in conjunction with the applications for Design Review 04-006, and findings and conditions of approval related to site design, street design, open space and park site design, dedication of necessary rights-of-way and provision of necessary infrastructure improvements have been included in Resolution No. 3952 recommending approval of The Map. G. That a Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (FEIS/EIR) was prepared and certified, which considered the potential development of low density residential units and that the proposed project includes 1,077 units. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has Resolution 3953 DR 04-006 Page 3 adopted Resolution No. 3949 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. II. The Planning Commission hereby approves Design Review 04-006 for development of 1,077 residential units on a 105.5 -acre site (Parcel 23 and Parcel 24) within Planning Area 4 and Planning Area 5 of the MCAS - Tustin Specific Plan, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14"' day of February, 2005. ^ n JOHN NIELSEN Chairperson 4g ELI BETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3953 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2005. ELI BETH A. BINSACK Pla ning Commission Secretary EXHIBIT A DESIGN REVIEW 04-006 RESOLUTION NO. 3953 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped February 14, 2005, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.13 Re ution No. 3953 shall become null and void in the event that Resiution Nos. 3950, 3951, and 3952 approving Specific Plan "mendment/Zone Change 04-003, Concept Plan 03-003, Tentative Map 16581, and the Affordable Housing Plan and Density Buy -s Application, which includes 182 additional density bonus units and transfer of 8 Very Low income and 17 Low income units from Planning Area 21 to Planning Area 5 and transfer 8 Low Income units and 14 Moderate Income units from Planning Area 4 to Planning Area 5, are not approved by the City Council. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered if a written request is within thirty (30) days prior to expiration date. (1) 1.5 The development of the project described in Design Review 04-006 shall be designed and constructed in accordance with Specific Plan Amendment/Zone Change 04-003, Concept Plan 03-003, Tentative Tract Map 16581, and density bonus application as approved by Resolution Nos. 3950, 3951, 3952, and 3946 which are incorporated herein by reference. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW **' EXCEPTION Resolution 3953 DR 04-006 Page 2 (1) 1.6 Approval of Design Review 04-006 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.7 The development of the project described in Design Review 04-006 shall be in accordance with Concept Plan 03-003 and Tentative Tract Map 16581 approved by Resolution Nos. 3951, and 3952 which are incorporated herein by reference. (1) 1.8 As a condition of approval of Design Review 04-006, 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. (5) 1.9 The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan and comply with related conditions contained in the housing incentive agreement as required by Resolution No. 3952t. (5) 1.10 Project phasing shall be in accordance with the phasing set forth in Resolution No. 3952. GRADING PLAN SUBMITTAL (1) 2.1 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 3946 shall be met. (1) 2.2 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. Resolution 3953 DR 04-006 Page 3 B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin`s "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," revised April 1989. E. Two (2) copies of a hydrology report. Formation demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. G. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. H. Details indicating that a maximum streetlight spacing of 200 feet staggered from side to side along the street shall be used for on-site street lighting (per City standards for local private residential streets) and placement of streetlights in relation to the intersection locations and other driver decision points for safe pedestrian access through the site. (1) 2.3 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.4 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.5 Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed - J in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. Resolution 3953 DR 04-006 Page 4 (1) 2.6 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 quilding plan check submittal shall include the following: • Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Structural calculations, two (2) copies. - Title 24 energy calculations, two (2) copies. • Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable • Details for the proposed windows and doors. • Roofing material shall be fire rated class "B" or better. • The location of any utility vents or other equipment shall be provided on the roof plan. • Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall - mounted fixtures shall be directed at a 90 -degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a --- negative impact on adjacent properties.„ • Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six Resolution 3953 DR 04-006 Page 5 (6) inches below the top of the parapet, subject to the approval of the Community Development Director. • Noise attenuation features as required by Conditions 14.1 through 14.3 of this Resolution. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. (3) 3.4 Vehicle parking, primary entrance to the pool and recreational building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.5 Prior to issuance of any permit, Irvine Ranch Water District (IRWD) intent to serve and approval of the water/ sewer plans are required. (3) 3.6 Two (2) exits are required from the third floor of residential occupancy when, the floor area of the third floor exceeds 500 square feet. (3) 3.7 Provide area analysis for all buildings (residences and garages), and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. (3) 3.8 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). (3) 3.9 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). (1) 3.10 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of nine (9) feet in width and twenty (20) feet in length and shall be shown on the plans. (4) 3.11 Information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. Resolution 3953 DR 04-006 Page 6 (1) 3.12 No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer and/or Building Official. (1) 3.13 Footings for all retaining walls shall be located within the tract boundary. (1) 3.14 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 during construction as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline -powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. h) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). i) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). j) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. k) Use low VOC architectural coatings for all interior and exterior painting operations. Resolution 3953 DR 04-006 Page 7 (***) 3.15 According to the submitted report the water table is as low as eight (8) feet in some areas. Units with basements or grade difference that would be affected by the water table shall require special construction techniques subject to review and approval of the Community Development Department. (1) 3.16 Add notes that all utilities placed under private streets are located a minimum of 36 inches below grade and revise street cross sections accordingly. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 4.1 All conditions of Resolution No. 3952 related to private on-site infrastructure shall be implemented. WATER QUALITY (1) 5.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for --- approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. Resolution 3953 DR 04-006 Page 8 D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 5.2 Prior to issuance of grading permits, 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 Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 5.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. C. Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. During construction, disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Resolution 3953 DR 04-006 Page 9 Dewatering of non -contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 6.1 A site plan, street improvement plan, and striping plan for the model home complex shall be submitted as one submittal for all product models for review and approval of the Community Development Department, in accordance with the phasing requirements for the project contained within Resolution 3952. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. (1) 6.2 Temporary construction fencing shall be permitted to encroach into required travelways of private streets or drives once constructed and shall be removed prior to issuance of Certificate of Occupancy for the model homes. (1) 6.3 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. ARCHITECTURE (1) 7.1 All carriage way product shall meet the development standards adopted by Resolution No. 3950. (1) 7.2 Architectural elevations of the Carriage way product shall be revised to incorporate a cohesive architectural style and adequate articulation on the side and rear elevations subject to review and approval of the Community Development Department. (4) 7.3 Building elevations visible from Edinger Avenue, West Connector Road, and Valencia North Loop Road shall be designed in accordance with the Urban Design Guidelines contained in the MCAS Tustin Specific Plan with respect to mass, variety of color and material, architectural articulation in form of off sets, pop -outs, overhangs, window trim, fascia molding, planter boxes, etc. to the satisfaction of the Community Development Department. (4) 7.4 The design of the recreational building shall incorporate the character defining features of the residential products within the subdivision subject to review and approval by the Community Development Department. Resolution 3953 DR 04-006 Page 10 (4) 7.5 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural treatment and of the buildings subject to final approval of the Community Development Department. (4) 7.6 All roof materials shall be subject to final approval by the Community Development Department. (4) 7.7 All exterior doors and windows, glass, and frame color shall be subject to final approval of the Community Development Department. (4) 7.8 All exterior colors and textures shall be submitted to review and approval of the Community Development Department. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 7.9 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts from Harvard Avenue and Moffett Avenue screened by adequate landscaping or other effective screening devices. (1) 7.10 All portions of the first, second, and third floor living areas of the multiple family products shall be located a minimum of five (5) feet from the private drives. LANDSCAPING/HARDSCAPE (1) 8.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: • Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ■ Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. Resolution 3953 DR 04-006 Page 11 ■ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ■ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. ■ Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. ■ Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. ■ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. • Ground cover shall be planted eight (8) to twelve (12) inches on center. - - ■ Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. ■ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. ■ Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. ■ Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (1) 8.2 An opaque screen consisting of one or a combination of berms, masonry walls, and landscaping integrated into an aesthetic pattern shall be installed along site boundaries where residential uses abut arterial or secondary highways, with the aggregate height of berms and walls not to exceed six (6) feet, eight (8) inches, or higher as may be required and approved to mitigate noise impacts. Screening Resolution 3953 DR 04-006 Page 12 shall consist of one or any combination of the following components: • Walls, including retaining walls, shall consist of concrete, stone, brick, tile, or similar masonry material. Berms shall be constructed of earthen materials and shall be landscaped according to an approved plan. Evergreen or deciduous trees or shrubs consistent with landscape guidelines contained in the Specific Plan. Trees shall vary in size (minimum 24 -inch box) and species to provide smaller broad dome trees and upright vertical trees along the street right-of-ways consistent with the requirements of the Urban Design Guidelines Section 2.17 of MCAS Tustin Specific Plan and subject to final approval of the Community Development Department. • Landscaping/screening at intersections shall be designed and maintained to not restrict vehicular sight distance in accordance with the current City of Tustin and Irvine standards. (4) 8.3 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (4) 8.4 Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. (4) 8.5 Perimeter tract walls shall be constructed of high quality materials and matching architecture subject to final approval of the Community Development Department. (4) 8.6 The main entries to the project at West Connector Road and Valencia North Loop Road shall include hardscape treatments that are consistent with Section 2.17 of the MCAS Tustin Specific Plan and shall be subject to final approval of the Community Development Department. (1) 8.7 Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. (1) 8.8 A portal design for the intersection of Edinger Avenue and West shall be provided for review and approval of the Community Development Department and installed by the applicant. Resolution 3953 DR 04-006 Page 13 USE RESTRICTIONS (5) 9.1 The project shall include 1,077 units, including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 condominium units (Senior Housing) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 570 condominium units (Multiple Family Residential), and 170 condominium units (Senior Housing) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS -Tustin Specific Plan with 266 on-site units (241 required and 25 transferred from Planning Area 21) required to be offered as affordable units, as identified in Condition 10.1. (1) 9.2 A separate "Private Open Space Exhibit" shall be submitted at plan check. Any changes to the allocation of private open space identified on the site plan shall be reviewed and approved by the Director of Community Development. (4) 9.3 Parallel guest parking spaces, guest parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Parking and Circulation Exhibit." Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. (5) 9.5 Individual trash can service may be provided on the site. Trashcans shall be placed only in the locations identified on the approved "Curbside Trash Pick-up Exhibit" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (1) 9.6 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. (1) 9.7 During construction, permission from adjacent property owners shall be required for any work located on adjacent properties. AFFORDABLE HOUSING (1) 10.1 The subdivider shall comply with the obligations contained in Resolution No. 3952 regarding affordable housing units. SENIOR HOUSING PROJECT (*) 11.1 The senior housing shown on the tentative tract map is provided for general location and number of units purposes and does not represent final City approval except that 153 affordable units shall be provided at this site including 36 Very Low, 61 Low, and 56 Moderate Income units. A design review application for the senior Resolution 3953 DR 04-006 Page 14 housing including a site plan delineating adequate access non - intrusive to low density residential units, adequate parking, landscaping, fire access, architectural floor plans, elevations, materials and colors for the housing units and the recreational building, and a phasing plan for the construction of the affordable units along with the market rate units shall be submitted and approved prior to issuance of building permits for the first production unit of the entire Columbus Square project. A production unit is defined as a unit included in phase I and subsequent phases of the Phasing Plan (not including initial phase or model homes). Any deviation from the MCAS Tustin Specific Plan parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in number of required parking spaces, subject to review and approval of the City's traffic engineer. If the developer is not able to justify the reduction in parking and/or the conditional use permit is not approved, the developer agrees to a proportionate reduction in the number of units. Except in no case, shall the number of affordable units approved herein be reduced. Prior to issuance of the 420th building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. In addition, construction of the recreation building and park facilities shall be completed prior to the issuance of the 420th building permit (50% of non -restricted). (1) 11.2 The design, massing, and color/materials of the senior housing project shall be of high quality construction and compatible with other products within Columbus Square to minimize the institutional appearance of this product. ORANGE COUNTY FIRE AUTHORITY (5) 12.1 Prior to the issuance applicant shall submit review and approval, department access, 1 availability for fire flow and laddering exhibits units. of any grading or building permits, the a Fire Master Plan to the Fire Chief for This plan submittal shall include fire ire hydrants, fire lane markings, water reports, blue reflective pavement markers, for rescue windows on multi -story dwelling (5) 12.2 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure larger than 5,500 square feet, multi -family housing or dwellings that do not meet fire department access to the Fire Chief for review and approval. Resolution 3953 DR 04-006 Page 15 (5) 12.3 Prior to the issuance of a building permit for combustible _ construction, the builder shall submit a letter on company letterhead stating that water for fire -fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573-6100 to obtain a copy of the standard combustible construction letter. (5) 12.4 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 12.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. The requirement for fire alarms applies to Group R Division 1 occupancies as defined by the 2001 California Fire Code; when a building is at least three stories in height and contains 16 or more dwelling units. The requirement for fire sprinkler monitoring applies to a structure when it contains 100 or more fire sprinkler heads. NOISE (1) 13.1 Plans for noise attenuation of residential units located near arterial highways, which ensure that interior and exterior noise levels (including balconies) do not exceed State and local requirements of the City of Tustin shall be submitted for review and approval prior to issuance of building permit or recordation of the final map, whichever occurs first. (1) 13.2 In accordance with the noise analysis, all units along Edinger Avenue, West Connector Road, and Valencia North Loop Road that are required to include air conditioning units to achieve the minimum interior noise level standards shall have these units installed prior to issuance of a Certificate of Occupancy. Prior to final inspection and issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply with Title 25 and City noise requirements. (1) 13.3 The applicant shall submit additional information to the City showing the construction details, materials and finish, and height of the proposed sound walls along Edinger Avenue for review and approval of Community Development Director. Resolution 3953 DR 04-006 Page 16 ENVIRONMENTAL (1) 14.1 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. The developer shall enter into an agreement with the City of Tustin to establish a fair -share mechanism to provide needed Tustin Legacy Backbone Infrastructure program. B. Prior to issuance of any permits, the developer shall retain a County -certified archaeologist. If buried resources are found during grading within 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. C. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. D. 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. E. 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. FEES (1)(5) 15.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Resolution 3953 DR 04-006 Page 17 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. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of permit issuance. The current fee is $2,910 per single-family unit and $1,694 per multiple family unit. e. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot of new or added gross square floor area of construction or improvements to the Community Development Department. f. Water and sewer connection fees to the Irvine Ranch Water District. g. New development tax is $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District. Other applicable parkland in -lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by Resolution No. 3952. (1) 15.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT D City Council Resolution Nos. 05-38 and 05-40 RESOLUTION NO. 05-38 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT/FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/FEIR") IS ADEQUATE TO SERVE AS THE PROJECT EIS/EIR FOR ZONE CHANGE 04-003, TENTATIVE TRACT MAP 16581, CONCEPT PLAN 03-003, DESIGN REVIEW 04-006, THE AFFORDABLE HOUSING PLAN AND DENSITY BONUS APPLICATION, AND THE REQUEST TO TRANSFER AFFORDABLE HOUSING UNITS FROM PLANNING AREAS 4 AND 21 TO PLANNING AREA 5 AND THAT ALL APPLICABLE MITIGATION MEASURES WILL BE INCORPORATED INTO THE PROJECT AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council of the City of Tustin does hereby resolve as follows: A. That Zone Change 04-003, Concept Plan 03-003, Tentative Tract Map 16581, Design Review 04-006, the "Affordable Housing Plan and Density Bonus Application," and the request to transfer affordable housing units from Planning Areas 4 and 21 to Planning Area 5 is considered a "Project" pursuant to the terms of the California Environmental Quality Act; and, B. That the FEIS/FEIR was certified by the City Council on January 16, 2001. The FEIS/FEIR is a program EIR under the California Environmental Quality Act ("CEQA"). The FEIS/FEIR considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin, including development of residential uses within Planning Area 4 and Planning Area 5. C. That an initial study checklist, attached as Exhibit A hereto, was prepared to evaluate the potential impacts associated with the Project. The initial study checklist demonstrates that all potential environmental impacts of the Project were addressed by the certified FEIS/EIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/EIR will be implemented through the Mitigation Monitoring Program for the Project (Attachment 2 of Exhibit A) or as conditions of approval of the Project. 11. The Planning Commission hereby recommends that the City Council find that the project is within the scope of the previously approved Program FEIS/FEIR and that pursuant to Title 14 California Code of Regulations Section 15168 (c) and Resolution No. 05-38 Page 1 of 50 15162, no new effects could occur, and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22nd day of February, 2005. 4yz'��r LOU BONE Mayor - ' §13 F 3, . WA 10 1 el mm "Irl PAM KER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-38 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 22nd day of February, 2005, by the following vote: COUNCILMEMBER AYES: BONE DAVERT, AMANTE, HAGEN, KAWASHIMA (5) COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: _NQNF (0) COUNCILMEMBER ABSENT: NONE (0) IWV • + T ' STOKER City Clerk Resolution No. 05-38 Page 2 of 50 EXHIBIT A TO RESOLUTION NO. 05-38 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, Cit 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously CerNtied/Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS/UR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin This checklist and the following evaluation of environmental impacts (Attachment 1 to Exhibit A of Resolution No. 3949) takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Development of 1,077 residential units in Planning Area 4 and 5 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi • Phone: (714) 573-3126 Project Location: Planning Area 4 and 5, MCAS -Tustin Specific Plan, bounded by the Edinger Avenue on the north, North Loop Road on the south, existing industrial business park on the west, and West connector on the east. Project Sponsor's Name and Address: Moffett Meadows Partners,, LLC c% Lecmar Communities 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: Low Density Residential, Planning Area 4 Medium Density Residential, Planning Area 5 Project Description: Approval of Concept Plan 03-003, Tentative Tract Maps 16581, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003 (MCAS Tustin disposition parcels 23 & 24) for the purpose of developing 1,077 residential units including eighty-four (84) single family detached units, 199 carriage way units, 552 multiple family residential units and a senior housing project with 242 units. The project also includes a density bonus to construct 182 additional units and a request for transfer of a portion of affordable housing units from Planning Area 21 and Planning Area 4 to Planning Area 5. Surrounding Uses: North: Edinger Avenue, self -storage and retail uses and residential uses East: Vacant - MCAS Tustin Planning Area 7 — Village Service (retail uses) Resolution No. 05-38 Page 3 of 50....- B. South: Vacant - MCAS Tustin Planning Area 6 — Urban Regional park West: Industrial Business Park - Industrial Zoning (M) Previous Environmental Documentation: Program Final Environmental Impact Statement/Environmental Impact Report (Program FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin (State Clearinghouse #94071005) certified by the Tustin City Council on January 16, 2001. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. Land Use and Planning Population and Housing Geology and Soils Hydrology and Water Quality Quality isnortation & Circulation al Resources Resources ural Resources C. DETERMINATION: On the basis of this initial evaluation: ❑Hazards and Hazardous Materials ❑Noise ❑Public Services nUtilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation []Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects l) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Resolution No. 05-38 Page 4 of 50 ❑ I find that although the proposed project could have a significant effect on the environment, tyre WILL NOT be a significant effect in this case because all potentially significant efi" 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation treasures that are imposed upon the proposed project. Preparer.'�---C�eiw Date: Minoo Ashab4 AssociaWPlanner Date / l3 •D5' Elizabeth A. $insack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Resolution No. 05-38 _Page 5 of 50 i. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model (1497) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following dewminations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Resolution No. 05-38 Page 6 of 50 ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D O - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Deparmxnt of Fish and dame or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, reguMons or by the Califomis Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or Gem means? d) Intcrfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridor, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Pian, Natural Community Conservation Plan, or other approved local, regiaa4 or state habitat conservation plan? L CULTURAL REESO RC)Ei Q: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in $ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: No Subilww a! New Mom Cha,:ga From signor -ant Sevens Previow impact L-Re5q Amiyrts D ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ Resolution No. 05-38 Page 7,of 50 No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ❑ ❑ ii) Strong seismic ground shaking? ❑ ❑ iii) Seismic -related ground failure, including liquefaction? ❑ ❑ iv) Landslides? ❑ ❑ 10 b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ ❑ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? ❑ ❑ C) - ;sate,; wpporting the use of septic nater diaposal systems where =ewers disposal of waste water? ❑ ❑ W a) Crean:: - d to the public or the environment u,. i Ae transport, use, or disposal of hazardous materials? Cl ❑ b) Create a significant hazard to Lhe public or the environment tlhrc u,&n reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ❑ ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ❑ ❑ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ❑ ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ f) For a project within the vicinity of a private airstrip, would the ggproject result in a safety hazard for people residing or wruesolU the proS3 ? ❑ ❑ Page 8 of 60 _ _ No SubstamW New more Change From SignUkant Severe ,Previow g) Impair implementation of or physically interfere with an Impact Impacts AftabVis adopted emergency response plan or emergency evacuation plan? ❑ ❑ h) Expose people or structures to a signifnant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or when residences ars intermixed with wildlands? VIII. HYDRQLOGY AND WATER OUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would restuk in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a strearn or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site? e) Create or contribute ruooff water which would exceed the capacity of existing or planned stotmwater drainage systema or provide substantial additional sources ofpolluted runoff? t) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Plane within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? DL LAND USE AND Pj ANMG,-Would the project: a) Physically divide an established community? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Resolution No. 05-38 11 Page.9 of 5Q b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES— Would the project: a) Result in the loss of availability of known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI• NOISE — Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XILPOPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?Rlution No. 05-38 Page 10 of 50 No Substantial New More Change From Sign cant Severe Previow impact impacts Analysls ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D ❑ Cl ❑ ❑ Cl Cl No Substantial - New Mon Change From SignY'cant Severe previous Impact Im—tv Anal"& c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ❑ ❑' XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered Bova omental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ Schools? ❑ ❑ Parks? ❑ ❑ Other public facilities? ❑ ❑ a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical et%ct on the environment? XV. MMSPORT ajpNj�'$, EEM— Would the project: a) Cause an increase in traffic which is substantial in relation to tbo existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e$., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q- ..� . m A ' 38 Page 11 of 50 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Resolution No. 05-38 Page 12 of 50 No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ D Cl ❑ ❑ ❑ ❑ 10 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ATTACHMENT 1 TO EXHIBIT A OF RESOLUTION NO. 05-38 EVALUATION OF ENVIRONMENTAL IMPACTS CONCEPT PLAN 03-003, SPECIFIC PLAN AMENDMENT/ZONE CHANGE. 04-003, TENTATIVE TRACT MAP 16581, DESIGN REVIEW 04406, AFFORDABLE HOUSING PLAN AND DENSITY BONUS AND TRANSFER OF AFFORDABLE UNITS (MCAS TUSTIN REUSE DISPOSAL PARCELS 23 & 24) PLANNING AREA 4 & 5 - MCAS TUSTIN SPECIFIC PLAN The former Marime Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations of the Federal Base Closure and Realignment Commission. The City was designated as the Local Redevelopment Authority (LRA) for the reuse of MCAS Tustin and, acting as such, approved a Reuse Pian that provided for future land uses at the former MCAS Tustin on October 1996 and subsequently amended on September 1998 ("the Reuse Plan'). The Reuse Plan was subsequently reviewed and approved by the United States Department of Housing and Urban Development (HUD) as consistent with federal law regarding the homeless. In accordance with the provisions of the National Environmental Policy Act ("NEPA''') of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and City prepared a Joint Final Program Environmental Impact Stateoent/Environmental Impact Report for the Reuse and Disposal of WAS Tustin. On January 16, 2001, the City of Tustin certified the Final Joint Program Environmental Impact Statement/Environmental Impact Report for the disposal and reuse of MCAS -Tustin (referenced as FEIS/EIR herein). The project is within the MCAS Tustin Specific Plan. The land was purchased by the developers directly from the Department of Navy through a land auction. The project site is comprised of 105.5 acres (gross) within Planning Areas 4 and 5 of the MCAS Tustin Specific Plan and bounded by the Edinger Avenue on the north, North Loop Road on the south, wasting industrial park on the west, and West connector on the east. Access to the site is provided mainly from Edinger Avenue The proposed project would develop 1,077 residential units as follows: 84 single family detached units 199 carriage way units 552 multiple family residential 242 units senior housing Z2iect) Total 1,077 units The project also includes a request for a density bonus to construct 63 additional units in Planning Area 4 and 119 units in Planning Area 5 for a total of 182 units. In addition, since Planning Area 4 and 21 are intended for low density development, the applicant has requested to transfer twenty-five (25) of the required units for Very Low and Low income families from Planning Area 21 to Planning Area 5 and eight (8) of Very Low and Low income units and fourteen (14) of the Moderate income units from Planning Area 4 to Planning Area 5, which allows medium density development. Resolution No. 05-38 Page 13 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 2 In accordance with the requirements of the WAS Tustin Specific Plan Section 3.4.2.G and 3.4.3.H a total of 241 affordable units would be required as follows: Planning Affordable Units RHNA Total Required Area 15% PA 4 16 Very Low 16 Very Low 10 Low 38 Low 48 Low 15 Moderate 15 Moderate 31 Moderate Total = 41 Total = 53 Total = 94 PA 5 37 Very Low 37 Very Low 22 Low 38 Low 60 Low 34 Moderate 16 Moderate 50 Moderate Total = 93 Total = 54 Total = 147 Total 134 1 107 1241 The project includes development of 6.33 acres of parkland recreational sites including 3.66 acres accessible for public and facility improvements for which parkland credit is eligible and recommended in accordance with the requirements of the Quimby Act and the City's Subdivision requirements. Access to the public park sites would be provided by public access easements in perpetuity from two entry points to the site with recordation of an easement on Tentative Tract Map 16581. A portion of the site would also include private amenities available to the residents of the development. As part of the analysis of the MCAS Tustin FEIS/EIR for the MCAS Tustin Specific Plan, Planning Area 4 was identified as a Low Density Residential (LDR) site, with a development potential of 1-7 dwelling units per acre and Planning Area 5 was identified as a Medium Density Residential (MDR) site, with a development potential of 8-15 dwelling units per acre. There were a total of 274 military housing units within Planning Area 4 (Table 3-1, MCAS Tustin Specific Plan). These units were in dilapidated and have been demolished In accordance with Table 3-2 of WAS Tustin Specific Plan, Planning Area 4 includes 43.3 net acres with potential development of 304 maximum units at 7 units per acre that was considered for the FEIS/EIR analysis. However, the Planning Area 4 site includes only 39.1 net acres (adjusted with adjustment of Severyns Road), and therefore potential for a maximum of 274 units. In addition a density bonus is requested for 63 additional units that would increase the density to 8.62 dwelling units per acre. In accordance with Table 3-2 of WAS Tustin Specific Plan, Planning Area 5 includes 41.1 net acres with potential development of 621 maximum units at 15 units per acre. The proposed development includes 42.2 net acres (modified with adjustment of Severyns Road), and therefore potential for a maximum of 633 units. In addition a density bonus is requested for 119 additional units more than the 633 maximum units based on the net area of the site that would increase the density to 17.54 dwelling units per acre. Resolution No. 05-38 Page 14 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 3 The project includes 152 additional units more than the analysis included in the FEIS/EIR for number of units in Planning Area 4 and Planning Area 5. Potential impact on the increased number of units will be discussed in each category. All related environmental impacts of such development were addressed in the FEIS/EIR and implementation and mitigation measures were incorporated into the MCAS Tustin Specific Plan, which are included in the DDA or with conditions of approval for the other entitlement portions of the project as identified in the Mitigation Monitoring Program Matrix (Attachment 2 of Exhibit A of Resolution No. 3949). The following information provides support for the conclusions identified in the Environmental Analysis Checklist. L AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? e) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The project is not located on a scenic highway nor will it affect a scenic vista The project would be consistent with the permitted uses identified within the MCAS Tustin Specific Plan. Development of low-density and medium -density residential units within Planning Areas 4 and 5 were considered within the FEIS/EIR and will have no negative aesthetic effect on the site when mitigation measures identified in the FEIS/EIR are incorporated with approval of the project. All exterior design is required to be in compliance with Section 2.17.3(A) — Urban Design Guidelines for Residential Development of MCAS Tustin Specific Plan, and the Landscape Concept Section 2.17.2 as they relate to design of Edinger Avenue, North Loop Road, and West Connector, and primary street corners and project entries. The proposal includes a design review, which requires that the design of the project is cohesive and in harmony with surrounding uses. All exterior lighting would be designed to reduce glare, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 2.17.3 (A) of the MCAS Tustin Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEWIR. MilfgationlMonitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR as identified in the Mitigation and Implementation Measures matrix (Attachment 2); these measures would be included as conditions of approval for the project Sources: FEIS/EIR for Disposal and Reuse of MCAS Tustin MCAS Tustin Specific Plan (Pages 2-37 to 2-54) Resolution No. 05-38 Page 15 of 50 Attachment I of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 4 Tustin Security Ordinance Tustin General Plan AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? As documented in the FEIS/EIR, the project site is part of MCAS Tustin Reuse Plan that contained 702 acres of farmland. The FEIS/EIR concluded that there would be no viable long-term mitigation to offset the impact of converting farmland on MCAS Tustin to urban uses. Mitigation/Monitoring Required. Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-37 to 3-54) MCAS Tustin Specific Plan Tustin General Plan III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be retied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Resolution No. 05-38 Page 16 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 5 e) result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? As documented in the FEIS/EIR, the project is part of larger project that was projected to result in air quality impacts. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Since the project win construct only 152 additional units more than analysis in the FEIS/EIR, which is below the threshold established for air quality impact for residential development (Table 6-2, 1993 South Coast Air Quality Management District, CEQA Air Quality Handbook) no significant impact beyond what was analyzed in the adopted FEIS/EIR is anticipated. Mftigation/Monitoring Required. Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEISUR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 throughl53, 4-207 through 4-230 and pages 7-41 through 7-42) MCAS Tustin Specific Plan (Pages 3-38 through 3-54) Table 6-2, 1993 South Coast Air Quality Management District, CEQA Air Quality Handbook Tustin General Plan IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species Identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive i dtural community identified in local or regional plans, policies, regulations, or I.y the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal Pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Resolution No. 05-38 Page 17 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 6 d) Interfere substantially with the movement of any native resident or migratory. fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The FEIS/EiR found that implementation of the Reuse Plan and MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR for MCAS Tustin. The FEIStEIR determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the proposed project) could impact jurisdictional waters/wetlands and the southwestem pond turtle or have an impact on jurisdictional waterstwetlands. The project site is not located in an area that would affect the southwestern pond turtle or have an impact on jurisdictional waters or wetlands. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required.• No mitigation is required. Sources., Field Observations FEIS/EIR for Disposal and Reuse. of MCAS Tustin (Pages 3-75 through 3- 82, 4-103 through 4-108, and 7-26 through 7-27) MCAS Tustin Specific Plan (Pages 3-38 to 3-54). Tustin General Plan V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? A portion of the existing blimp pads are within the project site boundary that were identified as part of a Discontiguous Historic District. The Navy, State Office of Historic Preservation (SHPO), and Advisory Council executed Memorandum of Agreement (attached as part of the EIS/EIR) with City of Tustin and County of Orange as invited signatories allowed for the destruction of the blimp pads. The EIS/EIR noted that it may not be financially feasible to retain the blimp hangers and there may be irreversible significant impacts. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Resolution No. 05-38 Page 18 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 7 Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. Although one archaeological site (CA -ORA -381) has been recorded within the Reuse Plan area, it is believed to have been destroyed. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by grading and constriction activities. With the inclusion of mitigation measures that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigadon/Monftoring Required Mitigation measures have been adopted by the Tustin City Council in the FEIS/EK- these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) MCAS Tustin Specific Plan (Pages 3-38 to 3-54). Tustin General Plan VI. GEOLOGY AND SOILS: — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic -related ground failure, including liquefaction? • Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systema where sewers are not available for the disposal of wastewater? Resolution No. 05-38 Page 19 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 8 The FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and MCAS Tustin Specific Plan would "include non -seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure." However, the FEIS/EIR for WAS Tustin concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. No substantial change is expected for development of the project from the analysis previously completed in the FEISIEIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of WAS Tustin (Pages 3-88 through 3- 97, 4-115 through 4-123 and 7-28 through 7-29) MCAS Tustin Specific Plan (Pages 3-38 to 3-54). Tustin General Plan V"11. HAZARDS AND HAZARDOUS MATERIALS: -- Would the project: a) Create a significant hazard to the pubUc or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a Ust of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working In the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581., DR 04006 Page 9 h) Expose people or structures to a significant risk of loss, injury or death involving wildland tires, including where wildlands are adjacent to urbanized arena or where residences are intermixed with wildlands? The project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. In addition, construction and residential uses would not emit hazardous emissions within a quarter mile of an existing or proposed school. There are four sites that have been classified as hazardous waste sites; IRP -16, IRP -13W, IRP -13S and UST -268. The FEIS/EIR notes that these sites would be remediated to residential standards prior to conveyance from the Navy. The applicant has indicated that IRP -16, which underlies the main entry to the site and is part of phase I (model home) development has been released from the Department of Navy and no further action is required on that site. In addition, the project site is located within the boundaries of the Airport Environs Land Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie within a flight approach or departure corridor and thus does not pose an aircraft -related safety hazard for future residents or workers. The project site is not located in a wildland fine danger area. Compliance with all federal, state and local regulations concerning handling and use of these hazardous substances will reduce potential impacts to below a level of significance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEIS/'EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3- 117, 4130 through 4138 and 7-30 through 7-31) MCAS Tustin Specific Plan (Pages 3-38 through 3-54) Finding of Suitability to Transfer (FOST), MCAS Tustin Tustin General Plan. VIII. HYDROLOGY AND WATER QUALITY: - Would the project: Resolution No. 05-38 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 10 a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed project includes construction of 1,077 residential units that would increase runoff. However, the project will not result in additional impacts beyond what was analyzed in the adopted FEIS/EUL The project design and construction of facilities to fully contain drainage of the site would be required as conditions of approval of the project. No long-term impacts to hydrology and water quality are anticipated for the proposed project. The proposed projects will not impact groundwater in the deep regional aquifer or shallow aquifer. The proposed project would not include groundwater removal or alteration of Historic drainage patters at the site. The project is not located within a 100 -year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or mudflow. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04006 Page 1 I such hazards. Consequently, no substantial change is expected from the analysis Previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required- As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources. Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3- 105, 4-124 through 4-129 and 7-29 through 7-30) MCAS Tustin Specific Plan (Pages 3-38 through 3-54) FEMA Map (August 9, 2002) Tustin General Plan IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base, such as land use designations, zoning categories, recreation and open space areas, major arterial roadways, urban design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project meets the density requirements of Table 3-2 of the MCAS Tustin Specific Plan and development standards of Planning Areas 4 and 5 as they relate to Single Family Residential Units and Multiple Family residential Units as noted in Sections 3.4.2 and 3.4.3 of MCAS Tustin Specific Plan. New development standards were proposed for development of the Carriage Way units that will be considered as a specific plan amendment. These units are similar to the single family detached product with the exception of the rear yard setback since access to the garage is proposed from a rear alleyway. The new standard would create an appealing streetscape with elimination of driveway approached on the main roads. Compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. MitigatioWMonitoring Required: The proposed project is consistent with the development standards of the MCAS Tustin Specific Plan as identified by the adopted FEIS/Ea No mitigation is required Resolution No. 05-38 Page 23 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 12 Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3 to 4-13 and 7-16 to 7-18) MCAS Tustin Specific Plan (Pages 3-38 through 3-54). Tustin General Plan X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally Important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Chapter 3.9 of the FEIS/EIR indicates that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project will not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) MCAS Tustin Specific Plan (Pages 3-3 8 through 3-54). Tustin General Plan XI. NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 13 e) For a project located within an airport land use pian or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of it private airstrip, would the project expose people residing or worldng in the project area to excessive noise levels? The proposed project could result in implementation activities that generate noise. The FEIS/EIR indicates that full build -out of the base will create noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Elements of the Tustin General Plan. A noise analysis was prepared for the project site that includes sensitive receptors along Edinger Avenue, Valencia/North Loop Road, and West Connector Road. The noise analysis concludes that special building construction will be required to achieve a 45 dB interior noise level for units along these areas. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. However, the City of Tustin will ensure that construction activities comply with the City's Noise Ordinance and the housing units are designed with adequate noise attenuation (i.e., window design, sound walls) to meet the allowable noise levels as required by Tustin City Code for residential use. The project would be sound attenuated against present and projected noise so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms to reduce noise -related impacts to a level of insignificance. Compliance with adopted mitigation measures and state and local regulations and standards, along with established engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Mitigation/Momtoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162, 4-231 to 4-243 and 7-42 to 7-43) MCAS Tustin Specific Plan (Pages 3-38 through 3-54). Tustin General Plan XII. POPULATION & HOUSING: Would the project: Resolution No. 05-38 Page ?5_of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 14 a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project would construct 1,077 new residential units on a site that included 274 existing military housing units that were vacant since 1997 and have been demolished. The proposed project will not displace people or necessitate construction of replacement housing elsewhere. The proposed number of residential units is consistent with the density than was previously considered in the FEIS/EIR for MCAS Tustin. The project will remove vacant military housing units and include 155 additional units more than considered in the FEIS/EIR for MCAS Tustin. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4- 14 to 4-29 and 7-18 to 7-19) MCAS Tustin Specific Plan (Pages 3-38 through 3-54). Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The site contains military housing which has been vacant since mid-1997. Development of the site would require public services such as fire and police protection services, schools, libraries, recreation facilities, and bikingddking trails. Fire Protection. The proposed project will be required to meet existing Change County Fire Authority (OCFA) regulations regarding demolition, construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations in the areas surrounding the site will meet the demands created by the proposed project. Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, IT 16581, DR 04-006 Page 15 Police Protection. The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Development of the site would increase the need for police protection services. The developer as a condition of approval for the project would be required to work with the Tustin Police Department to ensure that adequate security precautions such as visibility, lighting, emergency access, address signage are implemented in the project at plan check. Schools. The proposed project is located within Tustin Unified School District (TUSD). The implementation of the Reuse Plan would provide two 10 -acre sites for elementary schools and a 40 -acre high school site to serve the growing student population within its district. Based on the student generation factors of 0.29 per unit for grades K-5; 0.127 student per units for grades 6-8; 0.153 student per unit for grades 9-12, and the potential of 2,585 dwelling units developed within the TUSD boundaries, the EIS/EIR noted that reuse development would generate approximately 7S0 students for grades K-5, 328 students for grades 6-8, and 395 students for grades 9-12 for a total of 1,473 students. The total number of units considered in the EIR/EIS for Planning Areas 4 and 5 was 925 units. The applicant is requesting approval of 152 additional units as part of a density bonus request. The total number of residential units will be increased to 1,077 units and the additional 152 units would generate 87 additional students (5.90/a increase). As part of development of Columbus Square, a senior housing project is also proposed that includes 242 units. Using the student factors noted above, if these units were developed as family units, they would have generated 138 students. Therefore, with consideration of the senior housing units, the overall number of students are anticipated to decrease by 51 students (138 - 87 = 51) from the total number of students considered in the FERVEIS analysis. The proposed density bonus units will not increase the potential number of students considered by the certified FEUVEIS. The TUSD will receive its statutory school impact fees per Senate Bill 50 from both residential and commercial development. As a condition of approval for the project, the developer will be required to pay applicable school fees prior to issuance of the building permit. In summary, no new additional students are anticipated beyond what was considered in the FEIR/EIS for the Disposal and Reuse of MCAS, Tustin, and in any event, City required mitigation is limited by State law to requiring payment of the SB 50 school impact fees." Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only result in a library demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library and would not trigger the need for a new facility. General Implementation uirenrents: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEIS/EiR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Resolution No. 05-38 Page 27 of 50 Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 16 Mitigation Monitoring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) MCAS Tustin Specific Plan (Pages 3-38 through 3-54). Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The Reuse Plan provides for a new 84.5 -acre Regional Park, a 24 -acre Community Park and three (3) Neighborhood Parks of more than five -acres, and five (5) community riding and hiking paths through the property connecting to the regional bikeway/trail system, a privately owned 159 -acre golf course, play areas associated with schools, and child care facilities. Since the Reuse Plan process included public conveyance of city parks and an Urban Regional Park, individual developers were relieved of the requirement to dedicate land for park purposes. However, pursuant to the MCAS Tustin Specific Plan, the developers are required to provide in -lieu fees or public accessible park space (where approved by the City). This requirement will be included in the conditions of approval for the project. The proposed project would not generate an increase in the use of existing neighborhood parks since a park site would be included in the site. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required:. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56 to 4-80 and 7-21 to 7-22 Reuse Plan and MCAS Tustin Specific Plan (Pages 3-38 through 3-54) Tustin Parks and Recreation Services Department Tustin General Plan Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 17 XV. TRANSPORTATIONfrRAFFIC: Would the project: a) Cause an increase in traffic, which Is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)`! b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The FEIS/EIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overburden existing roadways and intersections surrounding the base property. The FEIS/EIR indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400 ADT when the base was fully operational (1993). As a military facility, the FEIS/EIR considered the traffic impact and developed a mitigation program to reduce potential impacts to a level of insignificance. This site will be conditioned to participate in its fair share responsibility for both on-site and off-site circulation mitigation and implementation measures. In addition, construction activities are required to be meet all Transportation related FEIS/EIR Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.). The FEIS/EIR implementation and mitigation measures will reduce potential impacts to the traffic and circulation system to a level of insignificance. Consequently, no substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based upon the Traffic Study for Columbus Square (PA -4 and PA -5), the traffic generation identified for the 1,077 units is less than the Trip Budget identified in the Specific Plan. The proposed project ADT is decreased by 726 trips (compared with the Trip Budget) with the proposed development. Therefore, there would not be additional impacts associated with the proposed project's traffic. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Resolution No. 05-38 Page 29 of 50 Attachment I of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 18 Sources: Field Observation FEIS/EIR for Disposal and Reuse of WAS Tustin (Pages 3-118 through 3- 142, 4-139 through 4-206 and 7-32 through 7-41) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-38 through 3-54). Tustin General Plan xvi. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The FEIR/EIR analyzed low-density and medium density residential development on the proposed site, which is consistent with the proposed project. Development of the site would require on-site improvements and off-site infrastructure improvements to utilities and roadway systems, including design and construction of full width improvements on Severyns Road; curb and gutter on project entries at Valencia Loop Road/Lot P and West Connector Road/Lot T; sidewalk and curb ramps along both sides of Severyns Road, the south side of Edinger Avenue, north side of Valencia North Loop Road, and west side of West Connector Road; storm drain, domestic water, reclaimed water, sanitary sewer, and dry utility service systems necessary to serve the site, landscape and irrigation on Severyns Road, on the south side of Edinger Avenue and on the Edinger Avenue median, on the north side of Valencia North Loop Road and on the west side of West Connector Road; and traffic signals at Valencia North Loop Road/Lot P and West Connector Road/Lot T. In addition, development of the site is required to meet federal, state, and local standards for design of wastewater treatment. The number of proposed units can be supported by the Irvine Ranch Water District for domestic water and sewer services. Attachment I of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 19 Mitigation/Monitaring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of WAS Tustin (pages 3-35 through 3- 46, 4-32 through 4-55 and 7-20 through 7-21) Reuse Plan and WAS Tustin Specific Plan (Pages 3-38 through 3-54). Tustin General Plan XVQ. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEIS/EIR mitigation and implementation measures approved by the Tustin City Council, the proposed project does not cause unmitigated environmental effects that will cause substantial effects on human beings, either directly or indirectly. In addition, the proposed project does have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of the reuse and redevelopment of the former MCAS Tustin. The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEIS/EIR Mitigation measures were identified in the FEIS/EIR to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation/Monitoring Required.• The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Resolution No. 05-38 Page31,of50.___ Attachment 1 of Exhibit A of Resolution No. 05-38 Evaluation of Environmental Impacts Concept Plan 03-003, TT 16581, DR 04-006 Page 20 Plan. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR and would be included in the project as applicable. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-144 through 3-154). Tustin General Plan CONCLUSION The summary concludes that all of the proposed project's effects were previously examined in the FEISIEIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR on January 16, 2001 and shall apply to the proposed project, as applicable. S_\CO MIN00WAS TustinTlanning Area - L.ennar&William Lyon\Columbus Square\Columbus Square -Initial Study- analysis.doc N O c w o W, O om ATTACHMENT 2 TO EXHIBIT A OF RESOLUTION NO. 05-38 PLANNING AREA 4 & 5 OF MCAS TUSTIN SPECIFIC PLAN MARBLE MOUNTAIN PARTNERS LLC/ TRACT 16581 Mitigation and Implementation Measures The Final EIS/EIR for the Disposal and Reuse of MCAS Tustin considered the redevelopment of the entire former base as proposed in the approved specific plan. The following identities only those EIR/EiS mitigation and implementation measures that are required ofthe proposed project as identified in the "Environmental Checklist." All other mitigation/implementation measures identified in the final EIS/EIR are not applicable to this project'. implementation measures are to be required where environmental impacts are less than significant, but to support proposed development within the reuse plan area. Both implementation and mitigation measures are identified in the adopted Mitigation and Monitoring Report Program (Resolution No. 00-M) and are equally enforceable. Measure* Timing and Implementation Mitigation Compliance Mitigatiou Monitoring and Responsibility Enforcement Responsibility Implementation Measures for Utilities (a) The City of Tustin or City of Irvine, as appropriate, shall ensure that infrastructure is constructed in phases as Per Table 4.3-1 of the Mitigation City Public Works Departtnent triggered by identified threshold in Table 4.3-1. The Monitoring Program and Community Phasing Plan provides an organizational framework to Redevelopment Agency facilitate development of the reuse plan area in tandem The project complies with with infrastructure necessary to support the planned Phasing requirements; all development. This framework reflects the fact that each subdivision infrastructure component of the infrastructure has its own threshold for will be provided by the accommodating additional development toward built -out applicant as eonditioued of the reuse plan area. The triggering mechanisms that by Resolution Nos. 3952 identify timing of key infrastructure provisions are and 3953 summarized in Table 4.3-1. (b) Prior to a final map recordation (except for financing and reconveyance Prior to final map recordation Project developer Community Development purposes), the development applicant shall enter into an agreement with the City of and City (except for financing and reconveyance Department (Tustin and/or of Irvine and any appropriate regional utility agencies, purposes). Resolution No. 3952 Irvine, as applicable) Attachment 2 of Exhibit A of Resolution No. 05-38 1 Mitigation Monitoring and Reporting Program Measure* Timing mad Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility districts, and providers, as applicable, to dedicate all easemettt, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project as determined by the city, agency, district, or other providers. (c) Prior to any final trap recordation (except for financing Prior to final map recordation Project developer Community Development Department (Tustin and/or and conveyance purposes), the development applicant (except for financing and Rewiution No. 3952 Irvine, as applicable) shall enter into a secured agreement with the cities of reconveyance purposes). Tustin and/or Irvine, as applicable, to participate on a pro -rated basis in construction of capital improvements necessary to provide adequate utility facilities. (d) Prior to the issuance of permits for any public Prior to the issuance of permits Project developer Community Development Department (Tustin and/or improvements or development project, a development for any public improvements or Irvine, as appropriate) applicant shall submit to the City of Tustin and City of development project. Provided with Irvine, as applicable, information from IR%VD which Development Application outlines required facilities necessary to provide adequate of Tract 16581 potable water and reclaimed water service to the development. (e) Prior to the issuance of the certificates of use and Prior to the issuance of the Project developer Community Development occupancy, the project developer shall ensure that fire certificates of use and occupancy. Department (Tustin and/or hydrants capable of flows in amounts approved by the Resolution 3953 Irvine, as appropriate)' OCFA are in place and operational to meet fire flow OCFA requirements. (t) Prior to the issuance of permits for any public Prior to the issuance of permits Project developer Community Development improvements or development project, a development for any public improvements or Department (Tustin and/or applicant shall submit to the City of Tustin and City of development project. Provided with Mme, as applicable) Irvine, as applicable, information from iRWD, OCSD, or Development Application the City of Tustin which outlines required facilities of Tract 16581 necessary to provide adequate sanitary sewage service to the development (g} Prior to the issuance of grading permits or approval of any Prior to the issuance of grading Project developer Tustin Building Division or subdivision ma exc t for financingand roconv cepermits or approval of any the Irvine Public Works Attachment 2 of Exhibit A of Resolution No. 05-38 2 Mitigation Monitoring and Reporting Program F Altacirment 2 ojF.xhibit A of Resolution No. 05-38 3 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Purposes), whichever occurs fust, for development within the 100 -year flood plain, grading and drainage systems subdivision map (except for financing and reconveyance Department, as applicable shall be designed by the project developer such that all building pads would be safe from; inundation from runoff Purposes), whichever occurs first Site not within the i00- flood n (FEMA year pa from all storms up to and including the theoretical Map dated August 9, 100 -year storm, to the satisfaction of the City of Tustin 2002) Building Division or the Irvine Public Works Department, as applicable. Grading permits or subdivision maps generated for financing and reconveyance purposes are exempt_ (h) Prior to construction of regional flood control facilities, appropriate state and federal approvals, including Prior to construction of regional flood control facilities, Project developer Public Works Department agreements and permits, shall be obtained. These include (Tustin and/or Irvine, as but are not limited to Regional Water Quality Control Resolution 3953 applicable) Board permits, including NPDES permits; Section 404 Permits from the USACOE, and Section 160I or 1603 agreements from the CDFG in a numter meeting the approval of the City of Tustin and the Irvine Public Works Department, as applicable. (i) Prior to issuance of any grading permit or approval of any subdivision map (except for financing and conveyance Prior to issuance of any grading Project developer Tustin Building Division or purposes), for an development partially y panne that is either tall or permit or approval of an Y subdivision map (except for the Irvine Public Works completely located widrin the 100 -year flood plain of the financing and conveyance Site not within the 100 - Departrr►ent, as applicable Flood insurance Rate Map, the development applicant purposes), year flood pain (FEMA shall submit all required documentation to the FEMA and Map dated August 9, demonstrate that the application for a Conditional Letter 2002) of Map Revision for changes to the 100 -year flood plain is satisfied in a manner meeting the approval of each respective city, as applicable. (j) Prior to the approval of any applicable subdivision map (except for financing and conveyance purposes), the Prior to the approval of any applicable subdivision map Project developer Public Works Department developer -applicant shall design and construct local (except for financing and (Tustin and/or Irvine, as drainage systems for conveyance of the 10 -year runoff if conveyance purposes). Not Applicable to this site applicable) the facility is in a local sump, it shalt be designed to Altacirment 2 ojF.xhibit A of Resolution No. 05-38 3 Mitigation Monitoring and Reporting Program Measure" Timing and Implementation Mitigation compliance Mitigation Monitoring and Responsibility Enforcement Responsibility convey the 25 -year runoff. (k) Prior to any grading for any new development, the Project developer Tustin Building Division or following drainage studies shall be submitted to and Public Works Department approved by the City of Tustin, City of Irvine, and/or (Tustin and(or Irvine, as OCFCD, as applicable: applicable) (1) A drainage study including diversions (i.e., Prior to any grading for any new Resolution 3952 off-site areas that drain onto and/or through the developmcnt. project site), with justification and appropriate mitigation for any proposed diversion. (2) A drainage study evidencing that proposed Prior to any grading for any new Project developer Tustin Building Division or drainage patterns would not result in increased development. Public Works Department I 00 -year peak discharges within and (Tustin and/or Irvine, as downstream of the project limits, and would not applicable) worsen existing drainage conditions at storm drains, culverts, and other street crossings Resolution 3952 including regional flood control facilities. The study shall also propose appropriate mitigation for any increased runoff causing a worsening condition of any existing facilities within or downstream of project limits. Implementation of appropriate interim or ultimate flood control infrastructure construction must be included. (2) Detailed drainage studies indicating how, in Prior to any grading for any new Project developer Tustin Building Division or conjunction with the drainage conveyance systems development. Public Works Department including applicable swales, channels, street flows, Resolution 3952 (Tustin and/or amine, as catch basins, storm drains, and flood water retarding, applicable) building pads are made safe from runoff inundation which may be expected from all storms up to and including the theoretical 100 -year flood. (1) Prior to approval of any subdivision map (except for financing or conveyance purposes), an agreement will be Prior to approval of any City Tustin Public Works subdivision map Attachment 2 of Exhibit A of Resolution No. 05-38 4 Mitigation Monitoring and Reporting Program I-V :o rn ;co l-4 !0 cn i0 i I (m) Measure* executed with the OCFCD that provides for the identification and contribution of a project -specific fair share contribution toward the construction of ultimate flood control faculties needed to accommodate built -out of the affected project. Interim flood control facilities may be considered for approval provided such facilities meet OCFCD requirements. Nothing shall preclude the City of Tustin from transferring the obligation onto other Project developers within the project area, GenCIA Timing and ImplementationI Mitigation Compliance Responsibility Not applicable to this site Resolution 3952 Implementation Measures for Public Services and Facilities The City of Tustin and the City of Irvine, each within its respective jurisdiction, shall ensure that adequate fire protection, police protection, and paries and recreation facilities (including bikeways/trails) needed to adequately serve the reuse plan area shall be provided as necessary, To eliminate any negative impact the project could have on each community's general fund, financing mechanisms including but not limited to developer fees, assessment district financing, and/or tax increment financing (in the event dw a redevelopment project area is created for the site), shall be developed and used as determined appropriate by each City. Specifically; (I} Applicants for private development projects shall be required to enter into an agreement with City of Tustin or the City of Irvine, as applicable, to establish a fair -share mechanism to provide needed fire and police protection services and Parks and recreation facilities (including bikeways) through the use of fee schedules, assessment district financing, Community Facility District financing, or other mechanisms as determined appropriate by each respective city. Prior to final map recordation or building permit issuance Project developer Resolution 3953 Mitigation Monitoring and Enforcement Responsibility Departtnent and Community Redevelopment Agency Community Development Department AUachment 2 of Exhibit A of Resolrttton No. 05-38 S Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility (2) Recipients of property through public conveyance process shall be required to mitigate any impacts of their public uses of property on public services and facilities. (n) The cities of Tustin and Irvine shall jointly consult and coordinate with the OCPFRD/Harbors, Beaches and Prior to final map recordation or building permit issuance Agreement executed between City and OCFCD Community Development Department (Tustin and/or parks, Program management and Coordination Division, Irvine, as applicable) in preparation of trail designs for the Peters Canyon and Barranca trails within the reuse plan area Improvements for each of these trails would be installed upon completion of flood control channel improvements and approval of their joint use by the OCPFRD. (o) Fire Protection/Emeraency bledical Services Prior to the first final map Project developer Tustin Redevelopment Community and P Agency recordation or building permit Prior to the first final map recordation or building permit issuance for development (except Resolution 3953 the City of Irvine issuance for development (except for financing and for financing and reconveyances reconveyances purposes), the project developer could be purposes). required to enter into an agreement with the City of Tustin or City of Irvine/OCFA, as applicable, to address impacts of the project on fire services. Such agreement could include participation for fire protection, personnel and equipment necessary to serve the project and eliminate any negative impacts on fire protection services. (p) Prior to issuance of building permits, the project Prior to issuance of building Project developer Community Development Department (Tustin and/or developer shall work closely with the OCFA to ensure permits. Irvine, as applicable) that adequate fire protection measures are implemented in Resolution 3953 the project. (q) Prior to issuance of building permits for phased projects, Prior to issuance of building Project developer Community Development Department (Tustin and/or the project developer shall submit a construction phasing permits for phased projects. Irvine, as applicable) plan to the OCFA demonstrating that emergency vehicle Resolution 3953 access is adequate. Attachment 2 of Exhibit A of Resolution Na 05-38 6 Mitigation Monitoring and Reporting Program m y Q l� o .� :3m M Z 'wO An a o Cn Cil a awo Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (r) Prior to the issuance of building permits, the project developer shall submit a Etre hydrant location for the Prior to issuance of building Project developer Community Development plan review and approval of the Fire Chief and ensure that fire permits. Department (Tustin and/or Irvine, as applicable) hydrants capable of flows in amounts approved by the Resolution 3953 OCFA are in place and operational to meet fire now requirements. (s) Police Protection Prior to issuance of building Project developer Community Development Prior to issuance of building permits, the project Permits. Department (Tustin Police) developer shall work closely with the respective Police Resolution 3953 Department to ensure that adequate security precautions aro implemented in the project. (t) Schools Prior to the issuance of Project developer Community Development Prior to the issuance of certificates of use and occupancy, certificates of use and occupancy. Department (Irvine Unified the project developer shall submit to the respective City Resolution 3953 School District) Proof of payment of appropriate school fees adopted by the applicable school district. (u) Parks -and Recreation Prior to the first final map Project developer Tustin Community Prior to the first final map recordation (except for recordation (except for financing and reconveyance purposes) or Development Department and parks and Recreation financing and reconveyance Pte) or build' it ung Perm' build' Ing permit issuance. Resolution 3952 Deparfanent issuance for development within the City of Tustin portion of the site, the project developer shall be required to provide evidence of compliance with all requirements and standards of the City of Tustin Paris Code. (v) Prior to the first final map recordation or building permit Prior to the fust final map Project developer Irvine Community issuance within the City of Irvine portion of the site, the recordation (except for financingtsofa licable to tracts is Development Department ••..�.,...�.� � "J e.,air#u" n VJ nesoivaon Ivo. ul-J6 7 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility project developer shall be required to provide evidence of and reconveyance purposes) or Tustin compliance with all requirements and standards of the building permit issuance. City of Irvine Park Code. (w) Prior to the first concept plan for tentative tract map in the Prior to the first concept plan for Project developer Tustin Public Works City of Tustin, the project developer shall file a petition tentative tract map. Department-, Tustin for the creation of a landscape maintenance district for the Community Redevelopment project area with the City of Tustin. The district shall Agcy include public neighborhood parks, landscape improvements, and specific trails (Batranca only), the medians in arterials, or other eligible items mutually agreed to by the petitioner and the City of Tustin. In the event that a district is not established prior to issuance of the first building permit, maintenance of items mentioned above shall be the responsibility of a community association. (x) Prior to approval of any subdivision map (except for Prior to approval of any Project developer Community Development financing or conveyance purposes), an agreement will be subdivision map (except for Department (Tustin and/or executed with the following agencies for the associated financing or conveyance Resolution 39M Irvine, as applicable) trail improvements: purposes). a. County of Orange harbors, Beaches — identi6cation of a project -specific fair share contribution toward the installation of necessary regional bikeway trail improvements within Peters Canyon Channel, to be installed in conjunction with the County of Orange's other channel improvements; b. City of Tustin — the identification of a Prior to the fust final map Project developer Tustin Community project -specific fair share contribution toward recordation (except for financing Development Department the installation of Class II bicycle trails through and reconveyance purposes) or Not applicable and/or SCRRA/OCTA, as the project site. For the area of the site northeast building permit issuance. appropriate of Irvine Center Drive, a separate agreement would be required to ensure the provision of a bikeway right -of --way easement, and design and construction of a bike trial along the Attachment 2 of Exhibit A ojResoiution No. 05-38 8 Mitigation Monitoring and Reporting Program .SW m I i Measare• Timing and Implementation Mitigation Compliaucc Mitigation Monitoring and Responsibility Enforcement Raponsibility SCRRA/OCPA rail tracks from Harvard Avenue westerly to the Peters Canyon Channel- In addition, project developers of the areas of the site southeast of the Peters Canyon Channel would need to accommodate access to both the Peters Canyon Trail and the trait adjacent to the SCRRAtOCTA tracks in any project site design including dedication of any necessary recreational trail easements; C. City of Tustin — the identification of a Prior to the first final map Project developer Tustin Community project -specific fair -share contribution toward recordation (except for financing Development Department installation of Class I bikeway trail and reconveyance purposes) or improvements northerly of Barranca Parkway building permit issuance. Not applicable after completion of the Barranca Channel improvements. For proposed developments adjacent to Barranca Channel, separate agreements would be required to ensure dee establishment of a bikeway right-of-way easement between Jamboree Road and Red Hill Avenue. Mitigation Measures for Aesthetica Vis -1 In conjunction with any zoning ordinance amendments to Prior to the first final map City of Tustin and City of Community Development implement the reuse plan in Tustin or Irvine, an urban recordation (except for financing Irvine Department (Tustin and/or design plan shall be adopted to provide for distinct and and reconveyance purposes) or Irvine, as applicable) cohesive architectural and landscape design, features and building permit issuance. treatments, as well as harmony with adjacent landscaping. Thr; urban design plan shall have the following elements: Resolution 3953 • landscaping concept and master signage plan; • design review and approval process; • limits on development intensity for each specific land use, • limits on height of sautes and lot coverage; • minimum site building setbacks; • minimum on-site landscaping requirements; Attachment 2 ofExhibit A of Resolution No. 05-38 9 Mitigation Monitoring and Reporting PPogram Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility • buffering requirements, inchrding berms, masonry walls, and landscaping; • lighting regulations, including regulations ensuring that exterior lighting does not negatively impact surrounding property; • screening regulations for mechanical equipment and outside storage; and site signage requirements, including sign permit approval Mitigation Measures for Cultural and Paleontological Resources Arch -1 Prior to issuance of grading permits, the four -acre parcel Prior to issuance of grading Project developer Tustin Community currently outside the boundaries of the Air Station along permits. Not applicable to this Development Department Harvard Avenue shall be surveyed to determine the project presence/absence of archaeological resources prior to grading. Arch -2 Prior to issuance of grading permits, the cities of Tustin Prior to issuance of grading Project developer Community Development and Irvine shall each require applicants of individual permits. Department (Tustin and/or development projects to retain, as appropriate, a county- Resolution 3953 Irvine, as applicable) certified archaeologist If buried resources are found during grading within the muse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American view point shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. Paleo-1 The cities of Tustin and Irvine shall each require Prior to issuance of grading Project developer Community Development applicants of individual development projects to comply permits. Department (Tustin and/or with the requirements established in a PRMP prepared for Resolution 3953 Irvine, as applicable) 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 arc discovered during Construction. .attachment 2 of Exhibit A of Resolution No. 05-38 10 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Pako-2 Prior to the issuance of a grading permit, project applicants shall provide written evidence to each city, that Prior to issuance of grading Project developer Community Development a county -certified paleontologist has been retained to permits. Department (Tustin and/or Irvine, as applicable) conduct salvage excavation of unique paleontological Resolution 3953 resources if they are found. Mitigation Measures for TrafidCircalation T/C-I Construction Prior to site development permit. Project developer Public Works Det In conjunction with the approval of a site development (Tustin or Irvine, asapplicable)permit, the City of Tustin and the City of Irvine, as Resolution 3953 applicable (for that portion of the reuse plan within Irvine), shall require each developer to provide traffic Operations and control plans that would minimize the traffic impacts of proposed construction activity. 'file Plans shalt address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in trafilc patterns. The City of Tustin and the City of Irvine, as applicable, shall ensure that the plan would 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. T/C-2 Development Prior to issuance of certificates of Project developer Public Works Department The City of Tustin and the City of Irvine, as applicable may (Tustin or Irvine, as (for that portion of the reuse plan area within Irvine), shall Staff received final traffic applicable) ensure that the arterial intersection improvements required study addressing in 2005 and 2020 and as indicated in Tables 4.12-7 and cumulative 'ADT 4.12-9 of the Final EIS/EIR (see Tables 2 and 4 and at the thresbolds and fair share end of this Mitigation Monitoring and Reporting responsibility for Program) are implemented for their respective nitigatk w Improvements; jurisdictions according to the cumulative ADT thresholds traffic Midy determined identified in eaeb table and according to the fair share need for traffic signal at A,Uachment 2 of Exhibit A of Resolution No. 05-38 ! 1 ,Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility basis noted. The ADT threshold represents the traffic Harvard; required by volume which would result in an impact and the fair share various Conditions of percentage reflects the percent of the traffic impact Resolution No. 3952 resulting from the reuse generated traffic. In some cases, reuse traffic would generate 100 percent of the impact, thereby assuming full financial responsibility for the identified improvements. In other cases, reuse traffic would generate only a fraction of the traffic impacting the intersection and financial responsibility would correspond. T/C-3 The City of Tustin and the City of Irvine, as applicable See Table 4.12-8 of the Final Project developer Public Works Department (for that portion of the reuse plan area within Irvine), shall EIS/EIR or Table 3 at the end of (Tustin or Irvine, as contribute, on a fair share basis, to improvements to the Mitigation Monitoring and Addressed by backbone applicable) freeway ramp intersections as listed in Table 4.12-8 of the Reporting Program for each infrastructure fee Final EIS/EIR (see Table 3 at the end of the Mitigation specific triggering mechanism. requirement - Resolution Monitoring and Reporting Program). The method of 3952 implementing improvements, e.g., restriping, ramp widening, shall be based on special design studies, in association with Caltrans. T/C-4 The City of Tustin and the City of Irvine, as applicable Ongoing (see Table 4.12-10 of Project developer Public Works Department (for that portion of the reuse plan area within Irvine), shall the Final EIS/EIR or Table 5 at (Tustin or Irvine, as ensure that all on-site circulation system improvements the end of the Mitigation by applicable) for the reuse plan area assumed in the 2005 and 2020 Monitoring and Reporting infraAddressed a fee traffic analysis and as shown in Table 4.12-10 of the Final Program for each specific nt -fee emerAt -Resolution requirement EIS/EIR (see Table 5 at the end of the Mitigation triggering mechanism. 3952 3952 Monitoringand Pro are implemented �rt� �) according to the cumulative ADT thresholds identified in the table. Under this Phasing Plan, the City of Tustin shall monitor all new development within the site, accounting for the cumulative ADT generated by development projects. As each ADT threshold is reached, the roadway improvements listed in Table 4.12-10 of the Final EIS/EIR (see Table 5 at the end of the Mitigation Monitoring and Reporting Program) shall be constructed before any additional projects within the reuse plan area Attachment 2 of Erhibit A of Resotuhon No. 05-38 12 Mitigation Monitoring and Reporting Program. Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility would be approved. TIC -5 ' Prior to approval of a site development permit or vesting Ongoing, prior to approval of a Project developer Public Works/Community tract, except for financing or conveyance purposes, for all site development permit or Development Departments land use designation areas in Alternative 1 with the vesting tract, except for financing (Tustin and/or /wine, as exception of the Learning Village CommunityResolution Park, � or conveyance purposes, based on 3952 applicable) tonal P Regional ark, a project developer shall enter into an the ADT generation thresholds agreement with the City of Tustin and City of Irvine, as shown in Tables 4.12-7,4.12-9, applicable (for that portion of the reuse plan area within 4.12-9, and 4.12-10 of the Final Irvine) which assigns improvements required in the EIS/EIR (see Tables 2 through 5 EIS/EIR to the development site and which requires as the end of the Mitigation participation in a fair share mechanism to design and Monitoring and Reporting construct required on-site and arterial improvements Program for each specific consistent with the ADT generation thresholds shown in triggering mechanism). Tables 4.12-7, 4.12-9, 4.12-9, and 4;12-10 (see Tables 2 through 5 at the end of the Mitigation Monitoring and Reporting Program). T/C-6' The City of Tustin and the City of Irvine, as applicable Ongoing, based on the ADT Project developer Public Works ark (for that portion of the reuse plan arca in Irvine), win generation thresholds shown in Community Development monitor new development within the reuse plan area, accounting for the cumulative ADTs generated by Table 4.12-10 of the Final EIS/EIR see Table 5 at the end Final traffic study Departments (Tustin and/or development projects within the reuse plan arra. As each of the Mitigation gaogn Monitoring and ideatif ed cumulative Fine, as applicable) cumulative ADT threshold shown in Tabic 4.12-10 (see Reporting Program for each ADTs; City monitoring Table 5 at the end of the Mitigation Monitoring and specific triggering mechanism). will detersive timing of Reporting Program) is reached, the roadway roadway improvements improvements listed shall be constructed before any identified In MMP Table additional projects within the reuse plan area are 5; Per project final tragic approved. study, project does not exceed ADT threshold level requiring roadway improvements shown in Table S. IA -l. Table 4, 12-10 of the Final EIS/EIR (seeTable 3 at the See Table 4.12-10 of the Final City of Tustin Community Development end of the Mitigation Monitoringand Reporting EIS/EIR or Table 5 at the end of and Public Works Table references in the mitigation measures have been changed from Final FEIS/EIR to match the correct table numbers in the FE]S/Elk ... ....,.......a � ..j --is of uj Acid non ryo. U.7-Jir tJ Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility presents the Phasing Pian for the on-site circulation the Mitigation Monitoring and Departments (Tustin and/or system. The Phasing Plan for the on-site circulation Reporting Program for each final traffic study Irvine, as applicable) system. The Phasing Pian is based upon traffic circulation specific triggering mechanism. identified cumulative impact and mitigation analyses contained in the Traffic ADTe; City monitoring Report (Final Appendix F of the Final EIS/EIR). Under will determine timing of this Phasing Plan, the City of Tustin shall monitor all new roadway improvements development within the Specific Plan, accounting for the identified in MMP Table cumulative ADT generated by development projects. As 5; per project final traffic each ADT threshold is reached, the roadway study, project does not improvements listed in Table 4.12-10 of the Final exceed ADT threshold EIS/EIR (see Table 5 at the end of the Mitigation level requiring roadway Monitoring and Reporting Program) shall be constructed improvements shown in before any additional projects within the Specific Plan Table 5. would be approved. IA -2 Table 7-3 of the Final EIS/EIR (see Table 6 at the end of See Table 7-3 of the Final City of Tustin Tustin Community the Mitigation Monitoring and Reporting Program) EIS/EIR or Table 6 at the end of Development and Public presents the Trip Budget which summarizes the square the Mitigation Monitoring and Not applicable to this Works Departments footage of non-residential uses allocated to each Reporting Program for each project; start is neighborhood by Planning Area and the Associated ADT. specific triggering mechanism. monitoring ADT levels (Residential uses are shown for information only, they are associated with non - not part of the budget). Pursuant to Section 3.2.4 of the residential development. Specific Plan, the City of Tustin shall implement the trip budget by neighborhood to control the amount and intensity of non-residential uses. Trip Budget transfers between neighborhoods shall also be implemented as directed in subsection 3.2.4 of the Specific Plan. IA -3 Prior to the approval of (t) a Planning Area Concept Plan Prior to the approval of (1) a Project developer Tustin Community pursuant to Section 4.2 of the Specific Plan, (2) a site Planning Area Concept Plan Development and Public development permit, or (3) a vesting tentative map for pursuant to Section 4.2 of the Works Departments new square footage (not for financing or conveyance Specific Plan, (2) a site purposes), a project developer shall provide traffic development permit, or (3) a Not applicable to this information consistent with the provisions of the Specific vesting tentative map for new project; staff is Plan, this EIS/EIR and the requirements of the City of square footage (not for financing monitoring ADT levels Tustin Traffic Engineer. The traffic information shall (a) or conveyance purposes). associated with non - identify and assign traffic circulation mitigation measures residential development. required in the EIS/EIR pursuant to the Phasing Plan Attachment 2 afExhibit A of Resolution No. 05-38 14 Mitigation Monitoring and Reporting Program M to 0 1ni o 0z .0 .v a -OC t io m Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility described in Table 4.12-10 of the Final EIS/EIR (see Table 5 at the end of the Mitigation Monitoring and Reporting Program); (b) evaluate the effects of either the delay of any previously committed circulation improvements or the construction of currently unanticipated circulation improvements; and (c) utilize the circulation system and capacity assumptions within the EIS/EIR and any additional circulation improvements completed by affected jurisdictions for the applicable timeframe of analysis. IA -4 Prior to the issuance of building permits for new Prior to the issuance of building Project developer Tustin Community development within planning areas requiring a concept permits. Development and Public plan, a project developer shall enter into an agreement Works Departments with the City of Tustin to (a) design and construct Nota applicable pp roadway improvements consistent with the ADT generation Phasing Pian described in Table 4.12-10 of the Final EIS/EIR (see Table 5 at the end of the Mitigation Monitoring and Reporting Program) and (b) address the impact of and specify the responsibility for any previously committed circulation improvements assumed in the EIS/EIR which have not been constructed. IA -5 If a subsequent traffic Phasing Plan demonstrates that Prior to the issuance of building Project developer Tustin Community eP Development DevelopmeandP d Public certain circulation improvements should be included in a permits. different phase of Specific Plan development (accelerated Works Departments or delayed) or that a circulation improvement can be Not applicable to this substituted, the mitigation Phasing Pian in Table 4.12-10 project. of the Final EIS/EIR (see Table 5 at the end ofthe Mitigation Monitoring and Reporting Program) may be amended, subject to approval of the City of Tustin and any other affected jurisdictions, provided that the same level of traffic mitigation and traffic capacity would be provided. IAS The City of Tustin will enter into agreements with Within one (1) year of approval City of Tustin Tustin Public Works and Caltrans and the cities of Santa Ana and Irvine to ensure of reuse and disposal of MCAS Community Development that the off-site roadway irnprovements needed to mitigate Attachment 2 of Exhibit A of Resolution No. 05-38 15 Mitigation Monitoring and Reporting Program Measure* Timing and implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Respoasibility the effects of the Specific Plan are constructed pursuant to Tustin Completed as part of Departments improvement programs established by the respective FEIS/EIR approval. jurisdiction. IA -7 Each Specific Plan project would contain, to the Prior to issuance of grading Project developer Community Development satisfaction of the City of Tustin and/or City of Irvine, as permits Department (Tustin and/or applicable, a pedestrian circulation component showing Resolution 3953 Irvine, as applicable) pedestrian access to regional hiking trails, parks, schools, shopping arras, bus stops, and/or other public facilities. Mitigation Measures for Air Quality AQ -I If determined feasible and appropriate on a Prior to issuance of grading or Project developer Community Development project -by -project basis, the City of Tustin and the City of building permits. Department (Tustin and/or Irvine, as applicable, shall require individual development Resolutiaa 3953 Irvine, as applicable) projects to implement one or more of the following control measures, if not already requited by the SCAQMD under Rule 403: - Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging area or unpaved road surfaces at all actively disturbed sites. - Develop a construction tragic management plan that includes, but is not limited to, rerouting construction sucks off cm astcd streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment onsite and offsite. Use electricity from power poles rather than temporary diesel or gasoline powered generators. Reduce traffic speeds on all unpaved roads to 15 Attachment 2 of Exhibit A ojResotution No. 05-38 16 • ---•- Measure* mph or less. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily tips for all vehicles. Apply approved chemical soil stabilizers according to mmufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). Replace ground cover in disturbed areas as quickly as possible. Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications, to exposed piles of gravel, sand, or dirt. Coverall trucks hauling dirt, sand, soil, or other Bose materials, and maintain at least two feet of freeboard (i.e., miniattmt vertical distance between top of the load and top of the trailer). Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). Timing and Implementation Mitigation ComplianceI Mitigation Monitoring and Responsibility Enforcement Responsibility lnstall wheel washers where vehicles enter and y exit unpaved roads onto paved roads, or wash off c trucks and any equipment leaving the site each o trip. m ttoo a AQ -2 Unless determined by the City of Tustin and the City of Prior to issuance of 1 o cn hvine, as applicable, to be infeasible on a 9radmg or eject developer Communi building permits ty Development 1 tb" w Projw-bY-PrOject basis due to unique project Department (Tustin and/or Irvine, as applicable) 44=hment 2 ojrExhibir A 00esolulion No. 05-38 i 17 Afulgalion Monitoring and Reporting Program 'Measures LU -1, LU -2 have been completed; Hist 1,2, 3,4,5 , Bio 1,2,3,4, and N-2, N-4 do not apply to the project site: AQ -3. AQ -4 do not apply to residential projects, 7 C-7, A-6 nave Occu created through the adoption of the FEWER and staff is monitoring. TC -9 has been completed. Mitigation Monitoring and Reporting Program Attachment 2 of Exhibit A of Resolution No. 05-38 18 f Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoriag and Enforcement Responsibility Measure* Resolution 3953 characteristics, each city shall require individual development projects to use low VOC architectural coatings for all interior and exterior painting operations. Mitigation Measures for Noise N-1 Prior to reuse of any existing residential units within the reuse area for civilian use, the City of Tustin or the City of Irvine, as applicable, and where necessary and feasible, shall require the installation of noise attenuation barriers, insulation, or similar devices to ensure that interior and exterior noise levels at these residential units do not exceed applicable noise standards. Prior to reuse of any existing residential units. Project developer Resolution 3953 Community Development Department (Tustin andlor Irvine, as applicable) N-3 For new development within the reuse area, the City of Tustin and City of Irvine, as applicable, shall ensure that interior and exterior noise levels do not exceed those prescribed by state requirements and local city ordinances and general plats. Plans demonstrating noise regulation conformity shall be submitted for review and approval prior to building permits being issued to accommodate Prior to issuance of building permits. Project developer Resolution 3953 Community Development pepartrrnent (Tustin and/or Irvine, as applicable) reuse. 'Measures LU -1, LU -2 have been completed; Hist 1,2, 3,4,5 , Bio 1,2,3,4, and N-2, N-4 do not apply to the project site: AQ -3. AQ -4 do not apply to residential projects, 7 C-7, A-6 nave Occu created through the adoption of the FEWER and staff is monitoring. TC -9 has been completed. Mitigation Monitoring and Reporting Program Attachment 2 of Exhibit A of Resolution No. 05-38 18 f AMENDED ON 3!7105 RESOLUTION NO. 05-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 16581 TO SUBDIVIDE 105.5 ACRES BOUNDED BY EDINGER AVENUE ON THE NORTH, VALENCIA NORTH LOOP ROAD ON THE SOUTH, AN INDUSTRIAL BUSINESS PARK AND SEVERYNS ROAD ON THE WEST, AND WEST CONNECTOR ROAD ON THE EAST FOR THE PURPOSE OF DEVELOPING 1,077 RESIDENTIAL UNITS WITHIN PLANNING AREA 4 AND PLANNING AREA 5 OF THE MCAS-TUSTIN SPECIFIC PLAN (REUSE PLAN DISPOSAL PARCEL 23 AND PARCEL 24) The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Tentative Tract Map No. 16581 was submitted by Moffett Meadows Partners, LLC requesting subdivision of a 105.5 acre site into 386 numbered lots and 186 lettered lots for the purpose of development of 1,077 residential units, including 84 Single Family Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family Attached (Senior Housing — for ownership tenure) for a total of 337 units at an average density of 8.62 du/acre in Planning Area 4 (Parcel 23) and 570 Multiple Family Attached (MFR), 170 Multiple Family Attached (Senior Housing — for ownership tenure) for a total of 740 units at an Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS -Tustin Specific Plan, generally bounded by Edinger Avenue on the north, West Connector Road to the east, an industrial office park to the west, and Valencia/North Loop Road to the south; B. That a public hearing was duly called, noticed, and held for said map on January 24, 2005, and continued to February 14, 2005, by the Planning Commission, and the density bonus and transfer of affordable units was considered concurrently with the development applications; C. As conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Zone Change 04-003, State Subdivision Map Act, and the City's Subdivision Code; D. That the proposed subdivision is in conformance with the MCAS Tustin Specific Plan as amended by Resolution No. 3950 for approval of Specific Plan Amendment/Zone Change 04-003; Resolution No, 05-40 Page 1 of 27 E. That the site is located in Planning Area 4 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential (1-7 units/acre) and Planning Area 5 of MCAS Tustin Specific Plan which is designated for Medium Density Residential (8-15 unitslacre) and that the development as conditioned will be physically suitable for the type of development and proposed density of development; F. The applicant will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at MCAS - Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at the former MCAS -Tustin project; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities; and, utility backbone systems. G. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that school impacts for development were considered in the MCAS Reuse Plan which identified school facility sites that will be conveyed to the Tustin Unified School District by the Federal Department of Education or the City of Tustin to serve development of property at the former MCAS Tustin. The MCAS Tustin Specific Plan, and the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the Tustin Unified School District prior to issuance of certificates of use and occupancy, which will be collected prior to issuance of building permits in accordance with the City's procedures; H. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; The proposed subdivision is not located within a 100 -year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002. J. That development of the site will require the developer to dedicate in fee title property to the City of Tustin including portions of Severyns Road to the City of Tustin for public roadways and utility purposes as shown on the Tentative Tract Map 16581. K. To ensure there is adequate infrastructure to support buildout of the project, construction of all public infrastructure and in -tract private streets and utility systems is required within the initial phase of development. In Resolution No. 0540 Page 2 of 27 addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. L. That the MCAS Tustin Specific Plan requires the provision of affordable housing affordable to very low, low, and moderate income level persons. The applicant has submitted a request for incentives for the development of affordable housing (i.e., density bonus) in Planning Areas 4 and 5 and has requested the transfer of 22 affordable units (8 Very Low and 14 Moderate income) from Planning Area 4 and Planning Area 21 to Planning Area 5 and 25 (8 Very Low and 15 Low income) from Planning Area 21 to Planning Area 5. In accordance with Section 3.9.4.1.3.f of the MCAS Tustin Specific Plan, which provides for the transfer of affordable housing unit obligations to an off-site location at the City's sole discretion, the transfer of these units is appropriate in that they are proposed to be located in condominium units (including senior housing — for ownership tenure) project in Planning Area 5, which will offer equivalent housing opportunities. The applicant will be required to enter into a Housing Incentive Agreement to ensure the provision of affordable housing. M. That the MCAS Tustin Specific Plan process included public conveyance of City parks and an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to provide funding toward the project fair share of Tustin Legacy Open Space and Recreational facilities including payment of a parkland dedication in -lieu fee subject to the provisions of the MCAS Tustin Specific Plan and the City's parkland dedication ordinance (Section 9331 of the Tustin City Code), which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 4.9 acres of private parkland in the proposed subdivision and has requested a waiver of parkland dedication fees pursuant to Section 9931d(1)(c) of the Tustin City Code for the 241 affordable housing units to be provided in the subdivision and a credit for 3.66 acres private parkland that will be provided and accessible to the public on the park site through public easements on the development site. It is appropriate to waive a portion of the fees since affordable housing units will be provided within Planning Areas 4 and 5 and provide a credit for a portion of the park areas that will be accessible to the public. N. With development of this site, the applicant has requested a density bonus, density averaging, and an affordable housing plan for transfer of lower income and moderate income units from Planning Area 4 and Planning Area 21 to Planning Area 5, which will be binding with execution of a Housing Incentive Agreement. Since 63 percent of the affordable units required for the project site are located in the senior housing project (for ownership tenure), no portions of the project shall be subdivided until Resolution No. 05-40 Page 3 of 27 design, phasing, and tenure of the senior housing project is completed to the satisfaction of Community Development Department. In addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. O. Section 9121 of the Tustin City Code requires the granting of a density bonus of twenty-five (25) percent of the total units and at least one concession or incentive when an applicant agrees to provide at least twenty (20) percent of the total units (excluding the density bonus) of the housing development as target units affordable to lower income households (i.e., Target Units). The applicant is providing 186 target units and requested a density bonus for construction of 182 units in Planning Areas 4 and 5. No financial incentive has been requested. P. That the Building Official has considered and approved deviations to the Private Improvement Standard to allow turning radii of less than 25 feet for private drives when acceptable turning radii for a forty (40) foot long by eight (8) feet wide moving truck is demonstrated on the Circulation Plan. Q. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of low density development within Planning Area 4 and medium density development within Planning Area 5. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3949 recommending that the City Council find that the FEIS/EIR for the MCAS Tustin Reuse Plan and Speck Plan adequately addressed all potential impacts related to the subdivision. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16581 for the subdivision of 105.5 (gross) acre site into 386 numbered lots and 186 lettered lots for the purpose of developing 1,077 residential units, including 337 units within Planning Area 4 and 740 units in Planning Area 5 (Parcel 23 and Parcel 24), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22nd day of February, 2005. LOU BONE Mayor Resolution No. 05-40 Page 4 of 27 0111 ' Q.. 'amu � • - City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF TUSTIN ) 1, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-40 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7"' day of March, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAVE . - City Clerk BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (S) NONE (0) NONE (DT - NONE (0)- Resolution No. 05-40 Page 5 of 27 EXHIBIT A - TENTATIVE TRACT MAP 16581 RESOLUTION NO. 05-40 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. Prior to submittal for initial City review, all corrections noted herein shall be made. A revised tentative tract map that includes all corrections contained herein shall be submitted prior to the issuance of any permits or submittal of the first final tract map, whichever occurs first. If multiple final maps are proposed, each map shall comply with all requirements herein and the requirements for phasing set forth in Condition 2.1. (1) 1.2 Resolution No. 05-40 shall become null and void in the event that Resolution Nos. 3949, 3951, 3953 approving Concept Plan 03-003 as applicable, and which were approved by the Planning Commission, Specific Plan Amendment/Zone Change 04-003, Design Review 04-006, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Areas 4 and 21 to Planning Area 5 is not approved by the City Council. (1) 1.3 Approval of Resolution No. 05-40 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" foram and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Resolution No. 05-40 Page 6 of 27 (1) 1.4 The final tract map(s) shall be developed in accordance with Resolution Nos. 3951, and 3953 approving Concept Plan 03-003, Design Review 04- 006, and Resolutions 05-38, 05-39 approving Specific Plan Amendment/Zone Change 04-003, and the Affordable Housing Plan and agreement and Density Bonus Application. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1 } 1.5 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin, unless otherwise modified by this Resolution or Resolution Nos. 05-38, 05-39, 3951, and 3953. (5) 1.6 Prior to recordation of the first final map, the subdivider shall be required to execute bonds or pay fees for grading permits, Quimby Act obligations, and Tustin Legacy Backbone Infrastructure Program improvements as determined by the City Council, required to be made by the developer pursuant to City procedures. (1) 1.7 Prior to recordation of the final map, the subdivider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer. (1) 1.8 Prior to final map approval by the City Council, the subdivider shall execute a hold -harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code. (1) 1.9 The subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or of public parkland, or community facilities district for funding of Tustin Legacy backbone infrastructure or municipal service provision to the project site, or a future community facilities district for school purposes and shall comply with the following: 1.9.1 Prior to recordation of a final subdivision map creating building sites ("B Map"), a mutually acceptable "Mitigation Agreement" shall be entered into with the Tustin Unified School District. (1) 1.10 Prior to final map approval, the subdivider shall submit: A. A current title report; and, B. A duplicate mylar of the Final Map, or 8'/z inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. Resolution No. 05-40 Page 7 of 27 (1) 1.11 Upon recordation of any final map or submittal of an application for building permits, the applicant shall obtain new addresses from the Engineering Division. (1) 1.12 As a condition of approval of Tentative Tract Map 16581, 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 or from any potential flooding impacts. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to 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) 1.13 As required by Amendment No. 1 to the Joint Cooperative Agreement between the City, the County of Orange, and the Orange County Flood Control District (OCFCO), the applicant shall indemnify and defend the City, County of Orange ("County") and the Orange County Flood Control District ("District") against any claims, loss, liability or damages arising from damage to property or injury to persons resulting from flooding and/or erosion within Tract 16581. The applicant shall ensure that it has adequate assets in existence to fund this obligation until completion of future widening and Peters Canyon Channel improvements. These defense and indemnify obligations do not extend to any loss, liability, or damages established by a court of competent jurisdiction to be cause by the County's or District's negligence or willful misconduct in the design or maintenance of existing flood control improvements in the Peters Canyon Channel, provided the failure to improve Peters Canyon Channel adjacent to Parcels in the City of Tustin and City of Irvine will not constitute negligence or willful misconduct on the part of the District or County. (1) 1.14 The applicant is required to prepare and record a final subdivision map. (1) 1.15 Unless otherwise agreed by the City in its sole discretion, the Developer Parcel, the property within the tract or any street or sidewalk or alleyway thereon shall not be privately gated, provided however, that any swimming pool and/or spa facility within the Common Area and any indoor Common Area Improvement, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. Resolution No. 05-40 Page 8 of 27 (*) 1.16 Approval of Tentative Tract Map 16581 shall be contingent upon conditions of approval contained within Planning Commission Resolutions 3949, 3950, 3951, 3952, and 3953, as applicable. PROJECT PHASING (*} 2.1 Construction phasing of product types and units (including affordable units) on individual multiple family product planning areas within the tract (i.e., PA 5-1, PA 5-2, PA 5-4, PA 5-5, PA 5-6, and PA 5-7) shall occur concurrently as shown on Sheet CP -8 (Phasing Plan) and as noted in the conditions of approval contained herein with the exception of the senior housing project that requires submittal of a separate design review application and any associated required applications and separate affordability production monitoring as identified in Condition 2.2. (*) 2.2 The senior housing shown on the tentative tract map is provided for general location and number of units and does not represent final City approval except that 153 affordable units shall be provided at this site including 36 Very Low, 61 Low, and 56 Moderate Income units. A complete design review application for the senior housing including a site plan delineating adequate access non -intrusive to low density residential units, adequate parking, landscaping, fire access, architectural floor plans, elevations, materials and colors for the housing units and the recreational building, and a phasing plan for the construction of the affordable units along with the market rate units in the senior housing shall be submitted and approved prior to issuance of building permits for the first production unit of the entire Columbus Square project. A production unit is defined as a unit included in Phase l and subsequent phases of the Phasing Plan (not including initial phase or model homes). Any deviation from the MCAS Tustin Specific Pian parking standards for the senior housing would require approval of a conditional use permit which would include submittal of a parking analysis that would justify reduction in the number of required parking spaces, subject to review and approval of the City's traffic engineer. If the developer is not able to justify the reduction in parking and/or the conditional use permit is not approved, the developer agrees to a proportionate reduction in the number of units. Except in no case, shall the number of affordable units approved herein for the senior housing project be reduced. Prior to issuance of the 100"' building permit for the production units of the entire Columbus Square project, building permits for the senior housing shall have been issued and the first footing inspection for the senior housing shall have been completed. In addition, construction of the recreation building and park facilities shall be completed prior to the issuance of the 4204 building permit (50 percent of non -restricted). (*} 2.3 The developer shall develop, market and sell Very Low, Low, and Moderate income ("affordable units") in the individual multiple family Resolution No. 05-40 Page 9 of 27 product planning areas (i.e., PA 5-1, PA 5-2, PA 5-4, PA 5-5, PA 5-6, and PA -5-7) as shown on Sheet CP -8 and shall construct and market and sell such units in equal proportion to the market rate units as shown on the Phasing Plan for each individual multiple family planning area and as per the conditions of approval contained herein including Condition 2.1. If there is any deviation from provisions contained herein for the individual multiple family product planning areas and as required in Condition 2.1 as determined by the Community Development Department upon written notice to the applicant or applicable vertical home builder responsible for development of the planning area, no additional building permits shall be issued by the Community Development Department for additional units on subsequent phases in a planning area (PA) until compliance with said provisions has been demonstrated to the satisfaction of the Director of Community Development. In reviewing compliance, the Director shall utilize objective information such as the number of market rate and affordable units constructed to date in the planning area based on the approved Phasing Plan and Building Division records and data on the number of market rate and affordable units sold in an individual phase which shall be provided by the developer upon written request of the Director. The requirements of this Condition shall be disclosed by the applicant to all vertical home builders and with each final conveyance map. (*) 2.4 Prior to recordation of the first final map including a conveyance map, or first building permit, whichever occurs first, the applicant shall enter into a Housing Agreement with the City to ensure implementation of the Affordable Housing requirements of the Specific Plan, the City's Density Bonus Ordinance, the City approved "Affordable Housing Plan, Density Bonus Application, and the City's Affordable Housing Policy and compliance with California Health and Safety Code Section 33413(b)(2). The development shall include 266 affordable units in Planning Areas 4 and 5 including twenty-five (25) affordable units transferred from Planning Area 21 to Planning Area 5. (*) 2.5 Design and construction of all public infrastructure and in -tract private streets and utility systems shall be constructed within the initial phase of development and shall be completed prior to the issuance of building permits for any Phase 1 unit as identified on Sheet CP -7 (Phasing Plan), unless a modified phasing plan for in -tract private streets and utility systems only is reviewed and approved by the Building Official and the Orange County Fire Authority in compliance with all applicable codes and standards including the California Fire Code for access and water supply during construction and occupancy of production units. However, said modified phasing plan for in -tract private street and utility improvements only shall not impact any other condition contained herein or any other City approval. Model units may be constructed prior to completion of Resolution No. 05-40 Page 10 of 27 infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. Project infrastructure (i.e., drives within condominium projects) and utilities shall be constructed at the time of project development. (*} 2.6 The developer shall submit to the City an Affordable Housing Purchaser Selection and Criteria Plan for Redevelopment Agency ("agency") review and approval 30 days prior to approval of a final map or issuance of a building permit, whichever occurs first. The agency will approve or disapprove the Affordable Housing Purchaser Selection and Criteria Plan within 20 calendar days. The developer shall initiate marketing and sales of the Affordable Housing units after the agency's approval of the Developer's Affordable Housing Purchaser Selection and Criteria Plan. Sale of Affordable Housing units can begin after final map recordation and all necessary California Department of Real Estate approvals. The developer shall also submit to agency individual escrow instructions for buyers of Affordable Housing units and all other related documents at least 20 calendar days prior to close of escrow of individual Affordable Housing units and with submission of individual escrow instructions and related items by the developer to the agency. The agency shall approve or disapprove individual escrow instructions and related items for buyers of Affordable Housing units within 10 calendar days following submission by developer. GENERAL CONDITIONS FOR ALL NON -BACKBONE INFRASTRUCTURE IMPROVEMENTS The following general conditions apply to Tustin Legacy Non -Backbone Infrastructure improvements, as specified in each condition to ensure coordinated design, construction, and operation of all on- and off-site infrastructure and utility systems. (1) 3.1 Separate 24" by 36" street improvement plans for all Tustin Legacy Non - Backbone Infrastructure Improvements identified in the following Conditions and other public improvements, as prepared by a California Registered Civil Engineer, shall be required for all design and construction within the public right-of-way including but not limited to the following: A. Full width improvements on Severyns Road, project entries at Valencia North Loop Road/Lot P and West Connector Road/Lot T; B. Sidewalk, including curb ramps for the physically disabled, on both sides of Severyns Road, the south side of Edinger Avenue, the north side of Valencia North Loop Road, and the west side of West Connector Road: The project shalt comply with City of Tustin Standard Plan No. 204 for construction of meandering sidewalks and shall comply with ADA accessibility requirements for all proposed sidewalk grades on public Resolution No. 05-40 Page 11 of 27 streets. All public sidewalks, paseos, and trail facilities shall comply with the provisions of the American with Disabilities Act; C. Catch basins/storm drain laterals/connections to the existing storm drain system along Valencia North Loop Road, Severyns Road, and West Connector Road with approval of City of Tustin; D. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District; 1�. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the City Engineer and Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standard of the -,e Ranch Water District; escape/irrigation on both sides of Severyns Road subject to Navy ppoval within the LIFOC areas, on the south side of Edinger Avenue and median on Edinger Avenue adjacent to the project site, the median on �r Avenue from 1400 feet of Red Hill Avenue to West Connector -foaa, )th sides of Valencia North Loop Road adjacent to the project site, and the west side of West Connector road adjacent to the project site; G Jerground utility connections: All utility lines shall be placed underground by the developer; H. Fire hydrants; Demolition and removal of any abandoned utilities at the entire site including within the current proposed roadway sections. J. Traffic signals at Lot Palencia North Loop and Lot T/West Connector Road; and, K. Storm drain facilities on Severyns Road per City's Run-off Management Plan for Tustin Legacy. All public access easements outside of the existing or proposed street rights-of-way shall be clearly shown and labeled on the plans and street Resolution No. 05-40 Page 12 of 27 sections and design and placement of utilities such as light poles, street furniture, traffic lights, etc. will be subject to design parameters established by the City. In addition, a 24" by 36" 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 required. (5) 3.2 All public improvements, including, but not limited to, water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, electrical service, gas service, and other facilities and utilities shall comply with the City of Tustin General Plan, the MCAS Tustin Speck Plan, City development standards and guidelines, and all conditions contained herein, including, but not limited to, the following: A. The project shall comply with City of Tustin Standard Plan No. 204 for construction of a meandering sidewalk and ADA accessibility requirements for all proposed sidewalk grades on public streets. B. All landscape setbacks shall be consistent with the City of Tustin MCAS Specific Plan. C. Adequate horizontal and vertical intersection sight lines shall be provided and shown on the grading plan and landscape plan. A minimum 25 foot by 25 foot limited use area triangle shall be provided to ensure adequate sight lines at all driveways and the applicant shall comply with the City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 510 for all public and private intersection sight distances and limited use area requirements for the project's streets. (1) 3.3 Prior to any final map recordation, the development applicant shall enter into an agreement with the City of Tustin and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate all easement, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project, including but not limited to the following: IRWD, SCE, SBC, The Gas Company, Cox Communications, etc. (1) 3.4 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. (1) 3.5 The minimum pipe diameter for all public storm drains shall be 24 inches. (5) 3.6 All storm drains to be constructed within or adjacent to the development shall be designed per the applicable OCFCD and City of Tustin standards. Resolution No. 05-40 Page 13 of 27 (1) 3.7 The proposed private and public drainage collection systems shall be designed for a minimum 25 -year storm frequency and a 100 -year storm frequency for regional facilities. The applicant shall submit hydrology studies for the existing and proposed drainage conditions for both the 25 - year and 100 -year storm events for the City's and County's review and approval and provide mitigation to maintain storm water discharges for the proposed condition that is consistent with the existing condition discharges for the site. (1) 3.8 A detailed hydrology and hydraulic analysis for 25 -year and 100 -year storm frequencies shall be provided for both the existing and proposed conditions to determine any requirements for on-site storm water retention/detention and facility sizing. The applicant shall also be required to accept upstream storm water that would historically cross the property and detain/retain on the property such upstream water so that the release of said water into downstream regional flood control systems does not exceed historical flow rates or the downstream capacity of such systems. (1) 3.9 All proposed utilities and storm drain lines shall be labeled as being either private or public, subject to approval by the Public Works Director and applicable utility providers. (1) 3.10 The minimum grade on gutter flow lines shall be 0.4 percent (including the flow line grades in street tapers and horizontal curves). Construction of catch basins, storm drain laterals, and junction structures shall be required to eliminate the need for cross gutters on public streets. (1) 3.11 Prior to issuance of an encroachment permit, the applicant shall prepare a sedimentation and erosion control plan for all work related to this development. (1) 3.12 Preparation and submittal of a final grading plan shall be provided showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: A. Final street elevations at key locations; B. Final pad/finished floor elevations and key elevations for all site grading as established by the approved hydrology report and elevations provided by the OCFCD; and, C. All flood hazards of record. (1) 3.13 Prior to the recordation of the first final map, the applicant shall be required to enter into a landscape maintenance agreement with the City of Tustin for all parkway improvements within public right-of-way along Edinger Avenue, West Connector Road, Valencia North Loop Road, and the public portion of Severyns Road. Resolution No. 05-40 Page 14 of 27 (1) 3.14 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD -based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting the "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM (1) 4.1 This Subdivision necessitates the construction of certain infrastructure improvements as outlined in the Tustin Legacy Backbone Infrastructure Program for the former MCAS Tustin. The applicant shall fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and shall provide security satisfactory to the City to insure that the entire Fair Share Contribution is paid to the City, including amounts due for the Government Parcels within the City of Irvine as required in the Cooperative Agreement between the City of Tustin and Marble Mountain Partners LLC, dated February 7, 2005. Where the applicant is required to design and construct Legacy Backbone infrastructure as a condition of approval, the applicant shall be reimbursed pursuant to the cooperative agreement. (1) 4.2 The applicant shall design and construct the traffic signal at West ConnectorNalencia North Loop Road in the first phase of development of Tentative Tract Map 16581. For all design and construction within the public right-of-way, separate plans shall be provided, which include all plans and specifications and estimates necessary to conduct a public bid process. (*) 4.3 In the event that the February 7, 2005, award of contract for the Valencia/Armstrong project is set aside by a court of competent jurisdiction, or the City is otherwise enjoined from performing that contract, or the construction of backbone infrastructure containing water, sewer, or Resolution No. 05-40 Page 15 of 27 other utilities (the "Backbone Utilities") necessary to serve the project is delayed for these or other reasons such that the Backbone Utilities are not available at time of building permit issuance, no building permit shall be issued (unless OCFA approves an alternative for firefighting water) until such Backbone Utilities are available to the project. In the event said Backbone Utilities are not constructed because the award of contract for the Valencia/Armstrong project is set aside by a court of competent jurisdiction, or the City is otherwise enjoined from performing the contract, the developer may construct the Backbone Utilities, subject to review and approval of the Director of Public Works and Community Development Director. In any event, no certificate of use or occupancy shall be issued unless such Backbone utilities are available to the project. PRIVATE IN -TRACT IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits, infrastructure construction plans, as prepared by a California Registered Civil Engineer, shall be required for all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3953 and 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," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; D. Signing/striping plan; E. Street 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. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Resolution No. 05-40 Page 16 of 27 Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District (IRWD); H. 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; I. Underground utility connections: All utility lines shall be placed underground by the developer, J. Fire hydrants; K. Demolition/removal of utilities in accordance with the demolition/severance plan as required herein; L. 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. (3) 5.2 Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, shall be required for the following private improvements: A. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern;, California Edison; B. Landscape/irrigation; C. Trash facilities: The applicant shall provide commercial trash collection and obtain approval from the Engineering Division for the location, size, and trash enclosures. (1) 5.3 All improvement work shall be 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," revised April 1989. Resolution No. 0540 Page 17 of 27 COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1) 6.1 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. 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. B. The applicant shall obtain permission from affected property owners for any work located on adjacent properties or on LIFOC parcels, including the property owned by the Department of Navy. C. The applicant shall obtain all approvals and permits from the applicable property owners and agencies for work within the City limits. D. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. E. The applicant shall obtain written approval and/or permits from the applicable utility companies. F. The applicant shall obtain permission from property owners for any work located on adjacent properties. CONSTRUCTION (1) 7.1 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract within the subdivision to the satisfaction of the City Engineer. (1) 7.2 The applicant shall comply with all waste diversion requirements. The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate City compliance with this law, the applicant is required to comply with Section 4327 of the Tustin City Code which details the requirements for developing and implementing a Waste Management Plan. GRANTS IN FEE AND DEDICATIONS (1) 8.1 The applicant and subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of parts of Severyns Road and West Connector Road, traffic signal equipment and maintenance easements of Valencia North Loop Road/Lot P and West Connector Road/Lot T, drainage and flood control right-of-way easements for acceptance and conveyance of existing flows from the adjacent Resolution No. 05-40 Page 18 of 27 business park westerly of Planning Area 4, pedestrian and vehicular access rights, utility easements and public parks, defined and approved as to specific locations by the City Engineer and other agencies, for this project. Reciprocal ingress, egress, parking, utility and pedestrian access easements may need to be provided between and across certain privately own and maintained lots and within the lettered lots. (1) 8.2 The applicant shall identify the easements for public use of privately owned parks and related public access easements on the final map. (1) 8.3 The applicant shall dedicate in fee title to the City of Tustin portions of Severyns Road for public roadways and utility purposes as shown on the Tentative Tract Map 16581. (1) 8.4 All dedication and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right -of -entry and temporary construction easement for all on-site joins when the ultimate street improvements are constructed. The right -of -entry and temporary construction easement shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. (1) 8.5 The applicant shall provide an ingress/egress easement on lots "P,° 'T," "R," "Ll" and "X" for Department of Navy to access IRP -16. (1) 8.6 The applicant shall dedicate public access and maintenance easements to the City of Tustin fro sidewalk along Valencia North Loop Road and West Connector Road. CC&RS (1) 9.1 All organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department after recordation. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved Resolution No. 05-40 Page 19 of 27 phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. The CC&Rs shall include, but not be limited to, the following provisions: A. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including recreational buildings and amenities, landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails), parkland facilities and bikeways, and open space areas. D. Membership in the homeowners association shall be inseparable from ownership in individual units. E. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code and the MCAS Tustin Specific Plan. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. Resolution No. 05-40 Page 20 of 27 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. G. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. H. Private open space areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in perpetuity. The CC&Rs shall include a separate 8'/2 inch by 11 inch dimensioned site plan for each unit that is allocated private open space. The approved site plan showing the public portion of the park site and associated public easements that will be accessible to the public and provisions for maintenance of these areas by the Homeowners Association. The approved "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. All units are required to maintain the required number of garage spaces based on Table 3-4 of MCAS Tustin Speck Plan. 2. A minimum of 562 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit" and have a minimum length of twenty-two (22) feet per stall for on street parking. 3. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of Resolution No. 05-40 Page 21 of 27 personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 5. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. K. Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. L. Maintenance of lettered and numbered Lots (including but not limited to Lots 264, 265, 297, 335 and 369 Lots A -m, P -u, X -Y, CA -CF, DA -DJ, FA - FD, AA -AR, BA -BC, EA -EG, GA -GH, HA -HO, IA -IL AAA-AAJ, BBA -BAF, BBA-BBZ, CCA-CCO, DAA, DDA-DDZ), containing all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. M. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. N. All utility services serving the site shall be installed and maintained underground. O. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. P. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. Q. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the Resolution No. 05-40 Page 22 of 27 project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. R. No delivery and or moving trucks larger than 40 feet shall be permitted on the private drives of the condominium projects with less than 25 foot radius turns. HOMEBUYER NOTIFICATION (1) 10.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. A. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated with, Edinger Avenue, North Loop Road, West Connector Road, and train noise associated with the rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated to increase to over 100 trains on a 24 hour basis by the year 2020. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field-testing determines inadequate noise insulation. B. A notice, to be reviewed by the City of Tustin and the Tustin Unified School District, regarding the location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map) and advice to homebuyers that proposed school sites may never be constructed. C. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. D. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. E. A notice indicating that public use of a minimum one (1) acre or more portion of the park site, to be maintained by the homeowners association, will be allowed and noting public ingress and egress through the subdivision will be provided for access to the park. Resolution No. 0540 Page 23 of 27 F. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on-site streets, alleys, paseos, and common areas are to be maintained by the homeowners association. G. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof any street or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the common area and any indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. H. A notice stating that all development within the site is approved for ownership tenure only per Chapter 3.9.3,15 of the MCAS Tustin Specific Plan. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. J. A notice indicating that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit and that the City of Tustin makes no claim, warranty, or guarantee that views from any unit will be preserved as development of surrounding properties occurs. K. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. L. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 8% inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. M. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. N. A notice explaining that 241 affordable housing units will be dispersed throughout the site. These units will remain affordable for a period of forty- five (45) years or longer. O. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. P. The developer shall notify all homebuyers that future Resolution No. 05-40 Page 24 of 27 Assessment/Maintenance Districts may affect the property. Q. The project is located adjacent to a future fire station site at the southwest corner of Edinger Avenue and West Connector Road that will be operating 24 hours. ENVIRONMENTAL MITIGATION {1) 11.1 All mitigation measures related to the tentative tract map required by the adopted Mitigation Monitoring Program for the MCAS Tustin Reuse Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring Program for the project, identified in this exhibit and in other project entitlements, shall be implemented. (1) 11.2 As part of the final design process and to comply with the Final EIR/EIS requirements for the Disposal and Reuse of MCAS Tustin, the applicant shall submit detailed hydrology calculations of 100 -year storm events for the existing pre -project condition and for the project condition. As part of the study, the project's contribution to the overall increase in stormwater runoff from the redevelopment of MCAS Tustin shall be estimated and the potential design and construction costs to mitigate the increase storm water discharge contribution from the project shall be determined. PARKS AND RECREATION (1) 12.1 The applicant shall at its sole cost and expense comply with the Quimby Act, California Government Code Section 66477 and shall as a condition precedent to issuance of building permits for the vertical improvements or any portion thereof. Developer's Quimby Act fee obligations shall be in the amount of a cash payment for the net required parkland requirements in the tract equal to a net acreage of 3.20 acres, or as adjusted by approved final map, times an appraised value of land for the tract as approved by the City pursuant to City Code Section 2.7 and 3.11.18 of the MCAS Tustin Specific Plan minus the improvement cost for the development of on-site private parkland approved for parkland credit in an amount based on improvement plans and cost approved in writing by the Director of Parks and Recreation Department not to exceed $675,000 per acre. In order to secure developer's obligations pursuant to the Quimby Act, developer shall be required to post a performance bond complying with City Code Section 9931(d) in 'favor of the City, with the Surety in a form and substance acceptable to the City Attorney equal to total of 8.83 acres times an appraised value of land in the tract as approved by the City pursuant to City Code Section 9931(d), which performance bond shall be decreased upon compliance by the applicant with the provisions of clauses (A) and (B) below. Resolution No. 05-40 Page 25 of 27 A) As part of the initial phase of the project and concurrently with construction of the required horizontal improvements and as part of the common area improvements, the applicant shall construct within the common area certain contiguous, landscaped, open space facilities of not less than one acre in area in the location as depicted on the preliminary plan and the approved project plans and including improvements as required by the Tustin Code to quality for Quimby Fee waiver (park facilities) that shall be open and accessible to the public. Upon completion of the park facilities and as a condition precedent to issuance of any partial or final certificate of compliance the developer shall execute and record a perpetual easement or other dedication agreement in favor of the City and its successors and assigns, inform and subject acceptable to the City in its sole discretion upon final map and the acceptance of conditions, covenants, and restrictions (CC&Rs) for the benefit of the public providing in perpetuity and at no cost to the City: (i) the right of the public to access and use the Park Facilities; (ii) public access to and from said Park Facilities along and across public and private streets within the site; and (iii) maintenance of the Park Facilities by the Developer and its successor and assigns, in each case subject only to reasonable and non- discriminatory rules and regulations. Upon (x) completion of such Regulations applicable thereto, and (y) recordation of an easement or dedication agreement approved by the City, the City shall provide a credit to the developer against its obligation to pay Quimby Act Fees in the amount of 3.66 acres times an appraised value of the land for the tract. B) Waiver for Affordable Housing. The developer shall receive a credit against Quimby Act fees otherwise due and payable by it as permitted by the City Code Section 9931 in connection with construction of not to exceed 241 Affordable Housing Units in this tract in an amount not to exceed 1.97 acres times an appraised value of land; provided, however, that the benefit of such waiver shall apply with respect to each Affordable Housing Unit only upon Completion of all Affordable Housing Units in the Phase in which such Unit is located. (1) 12.2 The Developer shall accommodate, at various locations on the Developer Parcel as approved by Community Development, pedestrian and bicycle connections to the regional bike trail to be constructed in the future along Edinger Avenue, Valencia Avenue, and the West Connector and Class II bicycle trails as depicted on the Preliminary Plan. The final tract map shall include a perpetual easement in favor of the City, its successors and assigns, in form and substance acceptable to the City in its sole discretion and at no cost to the City, providing pedestrian and bicycle access to the public upon and across the full length of any foregoing pedestrian and bicycle connections on the Developer Parcel as they connect to adjoining bike paths. Notwithstanding the foregoing, the Developer and its successors and assigns shall retain responsibility for maintenance and Resolution No. 05-40 Page 26 of 27 repair of the foregoing pedestrian and bicycle connections constructed on the Developer Parcel. FEES (1) 13.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for the City Attorney and $50 per hour (or rate in effect at the time of submittal) for the Planning Staff is required. (1) 13.2 Prior to issuance of the first building permit, the subdivider shall submit in - lieu parkland dedication fees in an amount and form as required by the Director of the Parks and Recreation Department. (1) 13.3 The applicant shall submit all fees required by the City and other agencies as identified in Planning Commission Resolution No. 3953. Resolution No. 05-40 Page 27 of 27 ATTACHMENT E Draft Planning Commission Resolution No. 4157 RESOLUTION NO. 4157 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 10-014 AUTHORIZING THE DEVELOPMENT OF 60 UNITS CONSISTING OF ATTACHED SINGLE-FAMILY TOWNHOMES AT MIRABELLA IN COLUMBUS SQUARE AT TUSTIN LEGACY (LOTS 266 THROUGH 272 OF TRACT 16581) The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review (DR) 10-014 was filed by Michael Recupero of Recupero and Associates on behalf of property owner ORA Mirabella 60, LLC, to develop 60 units consisting of attached single- family townhomes at Mirabella in Columbus Square at Tustin Legacy (Lots 266 through 272 of Tract 16581); B. That the site is located in the MCAS Tustin Specific Plan land use designation of the General Plan and the Zoning designation of the subject property is SP 1 (MCAS Tustin Specific Plan, Neighborhood B, Planning Area 5 — medium density residential, condominium and multiple family dwellings) which provides for residential development; C. That the project was approved as part of the overall community of Columbus Square (1,075 units total) under Tentative Tract Map 16581, Concept Plan 03-003, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003; D. That the proposed project was originally entitled for development of 60 units (Lots 266 through 272) consisting of three-story tuck -under townhomes with four plan types under Tentative Tract Map 16581, Concept Plan 03-003, Design Review 04-006, Specific Plan Amendment/Zone Change 04-003; E. That pursuant to Tustin City Code (TCC) Section 9272d(4), development shall commence within a period of eighteen (18) months, otherwise, a new evaluation and review shall be required prior to any development; F. That although street improvements were completed; underground improvements were installed; and building construction commenced; the construction was halted by the developer and construction of the 60 housing units at the project site never commenced and that pursuant to Tustin City Code Section 9272d(4), the original Design Review as it pertains to Mirabella is considered null; therefore, a new application (DR Planning Commission Resolution No. 4157 DR 10-014 Mirabella 10-014) has been submitted by the applicant for development of the site under the same project name of Mirabella; G. That the plans submitted for DR 10-014 have been redesigned with minor reductions in floor plan square footage, reduction in height, and minor architectural changes yet are substantially consistent with the plans that were previously approved by the Community Development Department; H. That although a new Design Review application is required for the subject project, all applicable conditions from Planning Commission Resolution No. 3951 and 3953 and City Council Resolution No. 05-38 and 05-40 remain applicable to DR 10-014; That a public meeting was duly called, noticed, and held for consideration of Design Review 10-014 on September 28, 2010, by the Planning Commission; J. That pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole, in that: 1. The proposed residential development is located in the MCAS Tustin Specific Plan land use designation of the General Plan, which provides for residential development, and permits attached single-family townhome units; 2. The proposed project is zoned SP 1 in the MCAS Tustin Specific Plan, Neighborhood B, Planning Area 5 — medium density residential, condominium and multiple family dwellings; 3. As conditioned, the proposed project is consistent with the development standards and design guidelines of the MCAS Tustin Specific Plan; 4. As conditioned, conformance with all other applicable development standards, including current California Building Codes, will be verified during plan check review; 5. The proposed site and building improvements are substantially consistent with plans previously approved by the Planning Commission and Community Development Department; 6. The location, size, architectural features and general appearance of the proposed development are consistent with and will not impair the orderly Planning Commission Resolution No. 4157 DR 10-014 Mirabella and harmonious development of the area, the present of future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Planning Commission has considered at least the following items: 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. Chimneys, and roof structures 7. Location, height, and standards of exterior illumination 8. Landscaping, parking area design, and traffic circulation 9. Location and appearance of equipment located outside an enclosed structure 10. Location and method of refuse storage 11. Physical relationship of proposed structures to existing structures in the neighborhood 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares 13. Development Guidelines and criteria as adopted by the City Council. K. That this project is determined to be exempt from additional CEQA review pursuant to California Government Code Section 65457, which provides that once the EIR has been certified and the specific plan adopted, any residential development project that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review. In accordance with Article 11 Section 15162 and 15168(c) of the State CEQA Guidelines for subsequent EIRs and Negative Declarations, when an EIR has been certified or Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project. CEQA Guidelines Section 15168(c), Program EIR, Use with Later Activities, further states that subsequent activities in the program must be examined in the light of the program EIR. If the Agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin (FEIS/EIR), which evaluated the environmental impacts of the reuse and disposal of MCAS Tustin, in conjunction with the adoption of a Specific Plan. On February 3, 2003, the Tustin City Council adopted Ordinance No. 1257, which adopted the MCAS Planning Commission Resolution No. 4157 DR 10-014 Mirabella Tustin Specific Plan. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The development of Mirabella at Columbus Square is a residential development project that is being undertaken to implement, and is consistent with, the MCAS Tustin Specific Plan, as amended. No substantial changes in the project or circumstances under which it is being undertaken have occurred and no new information which was not known at the time the EIR was certified (or amended) has become available. Therefore, in accordance with State CEQA Guidelines Sections 15162 and 15168(c), the proposed project is exempt from additional environmental review. II. The Planning Commission hereby finds that the project is within the scope of the previously approved MCAS Tustin Final Program EIS/EIR previously certified; that the environmental effects of the project are within the scope of the MCAS Tustin FEIS/EIR and were fully examined in the MCAS Tustin FEIS/EIR; that no substantial changes are proposed in the project or have occurred with respect to circumstances under which the project is being undertaken since certification of the MCAS Tustin FEIS/EIR; no new information has become available since the certification of the MCAS Tustin FEIS/EIR, and pursuant to the requirements of CEQA regulations promulgated with respect thereto including California Government Code Section 65457; therefore, pursuant to State CEQA Guidelines Section 15162, no additional environmental analysis, action or documentation is required. III. The Planning Commission hereby approves Design Review 10-014 for development of 60 units consisting of attached single-family townhomes at Mirabella in Columbus Square at Tustin Legacy (Lots 266 through 272 of Tract 16581) within Planning Area 5 of the MCAS Tustin Specific Plan, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of September, 2010. JEFF R. THOMPSON Chairperson Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 4157 DR 10-014 Mirabella 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. 4157 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of September, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4157 CONDITIONS OF APPROVAL DESIGN REVIEW 10-014 GENERAL (1) 1.1 The proposed project shall substantially conform to the plans approved September 28, 2010, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. (1) 1.2 Within eighteen (18) months, the subject Design Review approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within eighteen (18) months. Any request for time extension may be considered by the Community Development Director if a written request is received within thirty (30) days prior to the expiration date. (1) 1.3 Prior to issuance of permits, all conditions in this Exhibit shall be complied with, or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review 10-014 is contingent upon the 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) 1.5 As a condition of approval of Design Review 10-014, 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) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) CALIFORNIA BUILDING CODE(S) (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *"* EXCEPTIONS Planning Commission Resolution No. 4157 DR 10-014 Mirabella Page 2 (1) 1.7 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. (2) 1.8 The project shall comply with all applicable mitigation and implementation measures of Final EIS/EIR, as amended by Supplement and Addendum are required. (***) 1.9 All applicable conditions of approval of Resolution No. 05-40 (Tract Map approval) and Planning Commission Resolution No. 3953 (Design Review approval) remain applicable to DR 10-014. PLANNING DIVISION (***) 2.1 At the time of plan check submittal, the applicant shall clearly demonstrate compliance with all applicable development standards of the MCAS Tustin Specific Plan (specifically Section 3.4.2.G) and the Tustin City Code on construction drawings. (6) 2.2 At the time of plan check submittal, provide hardscape/landscape plans to include the quantity, species, and size of all trees and planting materials for consistency with Specific Plan and City's Landscape and Irrigation Standards. The landscape plan must comply with the City's new water efficiency ordinance (Ordinance No. 1376). (6) 2.3 Prior to issuance of building permits, provide 15"x 22" set of plans consistent with plans approved September 28, 2010. a) Technical Site Plan Product b) Parking Plan Product c) Conceptual Grading/Utility Plan. Include cross-sections and direction of drainage flow with slope in percentage d) Architectural drawings (street scene, floor plan, elevations, enhanced elevations) (1) 2.4 At the time of plan check submittal, the applicant shall submit all exterior materials, colors, and other architectural treatments including details for mailboxes. Indicate color and exterior treatment for review and approval by the Community Development Director and subject to field inspection verification. (1) 2.5 At the time of plan check submittal, provide enhanced elevation plan for corner lots and show garage dimensions 20' x 20' clear inside dimension for two -car garage. (1) 2.6 Prior to issuance of any building permits, a project -specific document for covenants, conditions, and restrictions (CC&Rs), including a condominium plan, if applicable, shall be submitted to and approved by the Community Development Department and the City Attorney's Office. Costs for such review shall be borne by the developer. A copy of the final documents shall be submitted to the Community Development Department after recordation. Planning Commission Resolution No. 4157 DR 10-014 Mirabella Page 3 (***) 2.7 Prior to issuance ofradin g g permits, the applicant shall identify the utilities that have been installed; the conditions/integrity of the utilities installed; and submit a report based on testing and inspection of all underground utilities by a registered professional subject to the review and approval by the Community Development Director and the Building Official. BUILDING DIVISION (3) 3.1 At the time of building permit application, the plans shall comply with the latest edition of codes, City ordinances, state and federal laws, and regulations as adopted by the City Council of the City of Tustin. (3) 3.2 At the time of building permit application, the plans shall show the following: a) Show assumed property lines, buildings, and provide a minimum 10'-0" clear dimensions from finished wall to finished wall surfaces (including trims and architectural features, excluding eaves). See Table 602 of the 2007 California Building Code (CBC). b) Specify all guardrails to be 42" high minimum (2007 CBC Section 1013.2). c) Show curb ramps and truncated domes as required by Section 1127B.5 of the 2007 CBC at street intersections for handicap accessibility to the site. d) Show locations of all handicap accessible parking stalls on the street. The total number of stalls shall be per Table 11 B-6 of the 2007 CBC. e) Show curb and gutter detail in conformance with Building Division specs. Note all street width measurements in conformance with such detail. (1) 3.3 Prior to issuance of building permits, a note shall be provided on the final plans stating that "A six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles." (1) 3.4 During construction hours, the applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1) 3.5 Prior to grading permit final, a registered geotechnical engineer or civil engineer must certify that the site meets the grading plans. (1) 3.6 Prior to grading permit final, a registered geotechnical engineer must certify that the soil compaction is in accordance with the geotechnical report. PUBLIC WORKS DEPARTMENT (1) 4.1 Prior to issuance of building permits, Construction and Demolition Waste Recycling and Reduction Plan (WRRP) Planning Commission Resolution No. 4157 DR 10-014 Mirabella Page 4 a) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (Tustin City Code Section 4351) to recycle at least 50 percent of the project waste material. 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 determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. c) The applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." (1) 4.2 Prior to issuance of grading permits, the applicant shall submit a revised WQMP to the Public Works Department for review and approval for any modifications or additions to the BMP's proposed to the site. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 Prior to the issuance of building permits, the applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to the event specified. i. Fire Master Plan (Service Code PR145) ii. Fire Sprinkler System (Service Codes PR400-PR465), if required by code or installed voluntarily 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 two days in advance to schedule the lumber drop inspection. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 6.1 A site plan, street improvement plan, and striping plan for the model home complex shall be submitted as one submittal for all product models for review and approval of the Community Department, in accordance with the phasing requirements for the project contained within the approved resolution. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and sales office. (1) 6.2 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. (1) 6.3 Prior to issuance of a grading permit ORA Mirabella 60, LLC shall submit an updated phasing plan for construction of all remaining units in Columbus Square. The updated phasing plan shalt include a breakdown of the sequence Planning Commission Resolution No. 4157 DR 10-014 Mirabella Page 5 of construction of market -rate units in relation to the construction of affordable units. The updated phasing plan shall also demonstrate how Columbus Square is complying with the obligations to provide affordable housing as specified in Resolution No. 05-37 (TTM 16582), Resolution No. 05-40 (TTM 16581), and the Columbus Square and Columbus Grove Housing Agreement and Affordable Housing Plan. FEES (1,5,2) 7.1 Prior to issuance of 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 and Planning plan check and permit fees to the Community Development Department and Engineering plan check and permit fees to the Public Works Department, based on the most current schedule; b) Orange County Fire Authority (OCFA) fees collected by the Community Development Department, based on the most current schedule; c) Major Thoroughfare and Bridge Fees to the City of Tustin collected by the Public Works Department; d) Water and sewer connection fees to the Irvine Ranch Water District; e) School facilities fee in the amount as required by Tustin Unified School District; f) Transportation System Improvement Program (TSIP) Benefit Area B fees; g) New construction tax fees; h) Other applicable Tustin Legacy Backbone Infrastructure Program fees as specified in Resolution No. 3946; and i) Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK 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.