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HomeMy WebLinkAbout02 GPA 2011-01 & SPA 2011-04AGENDA REPORT MEETING DATE: FEBRUARY 14, 2012 TO: PLANNING. COMMISSION ITEM # 2 FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: GENERAL PLAN AMENDMENT 2011-01 AND SPECIFIC PLAN AMENDMENT 2011-04 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4190, recommending that the Tustin City Council approve General Plan Amendment 2011-01 by amending the Conservation/Open Space/Recreation element of the General Plan by updating recreation plan to reflect existing and future parks and open spaces; and Specific Plan Amendment 2011-04 (Ordinance No. 1413), by increasing the allowable number of rental units, allowing transfer of residential units and non-residential square footages between. planning areas, eliminating a 9-acre sports park from neighborhood E, requiring the execution of a development agreement prior to or concurrent with City approval of any development project, and implementing minor text amendments to the MCAS Tustin Specific Plan. BACKGROUND AND DISCUSSION: General Plan Amendment On January 18, 2011, and September 20, 2011, the City Council approved Final Tract Maps 17144 and 17404, respectively, which refined parcels designated for various land uses including parks and open spaces. The proposed General Plan Amendment (GPA) 2011-01 would update the Conservation/Open Space/Recreation element of the General Plan by reflecting the refined acreages related to parks and open space parcels, and implement other minor text amendments (Attachment A). The revisions include the following: • Update of existing parks and recreation facilities inventory • Update proposed parks and recreational facilities • Update parks descriptions • Other minor text amendments Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 2 MCAS Tustin Specific Plan Amendment On April 25, 2011, the Tustin City Council approved the "Tustin Legacy Disposition Strategy for the Former Master Developer Footprint." The Disposition Strategy recommends refinements and/or modifications to the MCAS Tustin Specific Plan to support development activities anticipated over the next economic cycle. The proposed Specific Plan Amendment (SPA) 2011-04 is in response to the recommendation contained in the Disposition Strategy adopted by the City Council. The proposed amendments include the following. New texts are underlined and deleted texts are strikethrough: • Tables 3-1, 3-2, and 3-3 of the MCAS Tustin Specific Plan are to be replaced hereby in their entirety with a new Table 3-1, 3-2, and 3-3 in the form attached as Exhibit B. • Section 3.2.2 of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: 3.2.2 Maximum Dwelling Units The maximum number of dwelling units in each Planning Area may not exceed the numbers as specified on the Land Use Statistical Analysis (Table 3-1). The calculation of residential density, as stated in dwelling units per acre, shall be based on gross acres for each project unless otherwise noted in specific planning area development standards. Gross acres is defined as total acres less arterial roadways. Section 3.2.3 of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: 3.2.3 Transfer of Dwelling Unit Allocations If a Planning Area is developed with less than the maximum number of units allowed, then the "unused" residential development potential may be transferred to another Planning Area ~-hi~r+y r°~;~°v; ;:iu! i~~- I,•} nr-rv-ci~° h-,II ~r n far of ~ ini~ rocs ~I+ in• ~r i-'~ Cr~° Dl~n AmriniJmon} hn~Ai nn +ho I .J I 1 ~} }io+in~l `^ `' ~ ~ ~ crrr~-rr rrarrrc.~-rr-a~J~Jr~vw~vr~--n-rc-may-rtf-ty-~- ~cr.~rrc~Ctr Ar^afys+s-(~a~le,3-~-ur~~ provided that such transfer does not increase the total units allowable in the overall Specific Plan except for any density bonuses granted pursuant to the City Incentives for the Development of Affordable Housing Ordinance (Density Bonus Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 3 Ordinance), and subject to tk~e-#ellswioc~-fir, ~~ur~~~,e~~ Uiri++°n fine-line review and approval by the Director of Community Development: ~--~~~ +~r e <~#erss-~ "~afl--RO+~ea~s~" e-#~u ~,_~ ., ~ ~,, b 1~~",~ vve~~n~~pe~ifir Section 3.2.5 of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: 3.2.5 (~es~tien-Beleted}Transfer between Residential and Non- Residential Residential dwellina units and Non-residential ADTs may be transferred between Planning Areas provided that such transfer does not increase the total units allowable in overall Specific Plan except for an density bonus .granted pursuant to the City Incentives for the Development of Affordable Housing (Density Bonus) Ordinance and that authorization of the landowners of the develo ed or undevelo ed arcels within the contributing neighborhood agreeing to the transfer This approval shall be in the form of an agreement to run with the land and subject to review and approval of the City Attorney prior to approval of the transfer All transfers of available ADTs shall be documented in the Trip Budget Tracking System. • Section 3.4.2A of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. • Community care facilities for six or fewer persons P • Condominiums and cooperatives P . Family care home, foster home or group home, for six or P fewer persons . Large family day care for ~°~~o~ pup to fourteen #w~lve P children on single family detached lots in accordance with the Tustin City Code . Multiple-family dwelling units (apartments) in accordance C with tenure provisions in Section 3.4.2.0-~H . Residential care facility for elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P . Single-family detached dwelling units P Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 4 • Single-family detached carriage way units P • Small family day care for less than seven children on P single family detached lots • Section 3.4.2.H.4 of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: 4. Tenure -Reuse/development in Planning Area 4 shall be preferably ownership tenure, Development of apartments is a discretionary action requiring approval of a conditional use permit. ~-a erg i~sl~e~i Id-+~t+ ho ~r~r~rn~ior! fnr ~+r~•+rFmor~+c .., ~.. ~... .. ...... ~..~ uNu~ u ~ ~a~r-rcrr. • Section 3.4.3A of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. • Churches and other religious institutions C • Community care facilities for six or fewer persons P • Condominiums and cooperatives P • Convalescent hospital C • Family care home, foster home or group home, for P six or fewer persons • Large family day care for seven to twelve children P on single family detached lots in accordance with the Tustin City Code • Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.3.11 • Patio homes P • Private school C • Public or private preschools C • Fire Station p • Public/private utility building facility C • Residential care facility for elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units P • Single-family detached Carriage Way units P • Small-family day care for less than seven children P on single-family detached lots Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 5 • Section 3.4.3.1.3 of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: 3. Tenure -Development in Planning Area 5 of apartments is a discretionary action requiring approval of a conditional use permit. ~ [~nncirlorin~v n n ornar~~ ~f ~h~ v v ~ ~ v ~ m y U G , c..~-1"til c.-riwi-TfTC • Section 3.6.2.A.5 of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: 5. Residential uses: • Family care home, foster home or group home, for P six or fewer persons • Condominiums and cooperatives P . Multiple family dwellings (apartments) in accordance P with tenure provisions in Section 3.6.2.1 . Single family attached dwelling units and duplexes P Sections 3.6.2.1.4 and 5 of the MCAS Tustin Specific Plan are proposed to be amended as follows: 4. Affordability - In the event dwelling units are proposed, the following minimum affordable housing production objectives are intended to reflect the intention of the City to create a redevelopment project area (Community Redevelopment Law, section 33000) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the General Plan through the provisions of housing for households at very low, low and moderate income levels. Specific housing requirements for redevelopment and Housing Element compliance on a residential housing project will be established at the time of development project approval to ensure conformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) The number of affordable housing units in Neighborhood D shall be 196, of which 53 must be at the very low income level, x-53 at the low income level and x-1-90 at the moderate income level. If future amendments to the plan occur at least 15% of additional units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households. b) Restricted affordable housing units shall be reasonably dispersed and located and may be accomplished in attached projects only. The affordable units shall be compatible with the design and use of market rate units in appearance, use of materials, and finished Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 6 quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. c) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible for sales prices and incomes ---!-±r--t~ ~t+Y- - -- `~e ~eR/e~--tr' °T~ ~' i rE1 ne t n °f ° r~ r/n~ielnn - r ' i tt~tiri r • rc g rr --r g4Ltd e--i' nr' i -+~ r~+~~ of +hi o fi nff n" "" ' ~ e F'dr i-rs i .-i ~ o o nrnrlif CTl i S ~! C1 ~~7 C 1 rIT~ACT~G7T0 L7LT~T~CG~ -C1T1 ) •G~TTGTrOTr~i 7T 1 Gt~~'-~e ~o o e~-S~~-E '~ a~ e ~ ~f f FF 'fo tt G i p A*th - ~ ateYlt--6 5. Tenure - ~--t~a~~f_~~-€~~~~I n~~tn ho hi ~il+ c~h~I~_~nci~+ of nn 0 0 of nrl `)n0/_~}_}(io In~ei innnmo I i~~\ ~n0 ,,~~~,~+ ~,z,,T,~o-,a u~ 1.«-~.~,r~„~e~".~ G~~B-~'At3CtAt~ ina..~rrvv nc° lo"ol nnrl ~noi .,+ ., ,~,.,~~.,,+ .,+,..n n~ Thirty (30) percent of the total ..,. ~..,,., ",,,, u~ u ,,,u„~ number of units authorized within the City of Tustin portion of the Specific Plan are permitted for apartments. • Sections 3.9.2.1.4.e) and 3.9.2.1.5 of the MCAS Tustin Specific Plan are proposed to be amended to read as follows: e) ~-Cit ~e~ -s#+n--r~ser~Fes-t"e ri hf t ~ t f ~ te } d ~ ~ epe~s~ b -- g - e-x~g a e- l+ a#+ n r Aa; t~e t#rs r ~ ~, °;- t a . g ~ -- -se e„- s+ e-as a ~~°~~~ ~S(~'~~ " i~+/on+ ~i Ilia o f n nfF oi fo v i ui~ vii M ari f l I IV UV/R~. Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 7 5. 0 0 i n E9 m ~ ey°'~20 °~e ~~az-cri °~r"~'rrBde~n •~ m ~ ~ cv °~a ~~d cv-~v--a c-+cr''r~ ,ma~k~et-rat° '~-Thirty (30) percent of the total number of units authorized within the City of Tustin ,portion of the Specific Plan is permitted for apartments. • Section 3.9.4.J.4 of the MCAS Tustin Specific Plan is proposed to be amended to read as follows: 4. Tenure - Reuse/development of Planning Area 21 shall be encouraged to be ownership tenure. Development of apartments is a d-+iscretionary action requiring approval of a conditional use permit. bt31-~I ~t~G~i °Y~r~'i-~~~ ~t~~ r ~ , ~r~ o r+m ° ref ~ On June 7, 2011, the City Council adopted an Urgency Ordinance No. 1401, requiring the execution of a Development Agreement prior to or concurrent with City approval of any development project. On July 5, 2011, the City Council adopted Ordinance No. 1402, extending the requirement for the execution of a Development Agreement prior to or concurrent with City approval of any development project for a period of ten (10) months and fifteen (15) days. The proposed SPA 2011-04 would also codify this requirement in the MCAS Tustin Specific Plan as follows: • Sections 4.2.9 through 4.2.10 of the MCAS Tustin Specific Plan are proposed to be amended to read as follows: 4.2.9 ®evelopment Agreement To strengthen the public planning process encourage private participation in comprehensive planning and reduce the economic risk of development the Legislature of the State of California adopted the "Development Agreement Statute. "Section 65864 et seq of the Government Code The Development Agreement Statute authorizes the City to enter into an agreement with any person havin a legal or equitable interest in real property and to provide for development of such ,property and to establish certain development rights therein. Pursuant to the authorization set forth in the Development Agreement Statute the City has enacted procedures for entering into development agreements which are contained in Tustin City Code Sections 9600 to 9619. The ,processing and approval of Development Agreements is intended to augment and further the purposes and intent of the General Plan Specific Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 8 Plan and Final EIS/EIR and will ensure the orderly implementation of infrastructure and additional development in accordance with the General Plan, MCAS Tustin Specific Plan and Final Program EIR/ElS for the Reuse and Disposal of the Former MCAS Tustin and Addendum fthe "Final EIS/EIR"). Further Development Agreements will establish a schedule of performance for future development including obligations and phasing triggering mechanisms that ensure that adequate local and Tustin Legacy Backbone Infrastructure Program improvements are in place to support anticipated development in accordance with the Phasing Plan identified in the MCAS Tustin Specific Plan and Final ElS/EIR and Addendum, and any Tustin City Code requirements Accordingly, prior to issuance of any permits or approval of any entitlements within the Specific Plan area all private development shall first obtain a Development Agreement in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code. 4.2.10 General Notes A. Where required, approval from the South Coast Air Quality Management District or successory agency(ies) shall be obtained for any devices or processes responding to mandated actions. The City of Tustin or Irvine, as applicable, will assist in this process to the extent possible. B. Whenever the regulations contained in this Specific Plan conflict with the regulations of the Tustin City Code or Irvine's Codes, as applicable, the provisions of this Specific Plan shall take precedence. The Tustin City Code or Irvine Codes, as applicable, shall apply regarding any standard or regulation not covered by this plan. 4.2.~A-11 Severability If any section, subsection, subdivision, sentence, clause, phrase, exhibit, table or portion of this Specific Plan is found to be invalid or unconstitutional by a court having jurisdiction, such a decision shall not invalidate the remaining portions in whole or in part of the Specific Plan. ENVIRONMENTAL ANALYSIS On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEISJEIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On Planning Commission Report GPA 2011-01 and SPA 2011-04 February 14, 2012 Page 9 April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, The FEIS/EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendum and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project (Attached to Resolution No. 4190). The Environmental Analysis Checklist concludes that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment since the proposed refinement would not increase the overall development potential or residential capacity currently allowed by the adopted MCAS Tustin Specific Plan and that the FEIS/EIR, Addendum and Supplement are sufficient for the proposed project. In accordance with the provisions of the California Environmental Quality Act (CEQA), the checklist should be considered and found to be complete and adequate prior to approving the project as proposed. CONCLUSION The proposed GPA 2011-01 and SPA 2011-04 (Ordinance No. 1413) would not increase the overall development potential or residential capacity currently allowed by the General Plan or the MCAS Tustin Specific Plan and is considered minor amendments. Accordingly staff recommends that the Planning Commission approve GPA 2011-01 and SPA 2011-04. tina Willkom Principal Planner Elizabeth A. Binsack Director of Community Development Attachments: A. General Plan Amendment revised pages B. MCAS Tustin Specific Plan revised pages C. Planning Commission Resolution No. 4190 • Exhibit A. Environmental Analysis Checklist for GPA 2011-01 and SPA 2011-004 • Exhibit B. Draft Ordinance No. 1413 ATTACHMENT A General Plan Amendment revised pages o Tustin's location and geology make it an important archaeological and paleontological resource area. o Methods of protecting archaeological and paleontological resources while permitting development must be addressed. PARKS AND OPEN SPACE SYSTEM o A comprehensive integrated plan for parks, open space, and scenic highways does not exist, and so, a complementary system of such resources is difficult to create or maintain. o Without the support of school facilities, Tustin faces a shortage of recreational facilities, especially in the southern and western portions of the community where densities are higher. I o In X98=12011, the City had ~1 "13 -acres of existing local and community parks, but needed an additional X06"(1~-acres to serve its population based on a standard of three acres per 1,000 persons br~secl o~i Jr~ru~rzry 2021 City populntio~~t of 75,781. „+,,,a r„r„i.,,-;,, o Regional recreation facilities will be located in Tustin, requiring coordination with adjacent jurisdictions. o Limited recreation space often precludes programs for all segments of population. Increasing population will aggravate this problem. o Given the limited recreation space, careful planning is needed to provide a balance of diverse facility needs. o The community's facilities are limited and disrepair would create a severe deficiency in facilities. CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT through the winter months, thus reducing peak loads in the drier summer months. A fourth program is the OCWD Conjunctive Use Well Program. This program offers local agencies low interest loans for construction of up to three wells. An additional method of managing the groundwater resources is using reclaimed water. The Irvine Ranch Water District supplies reclaimed water by the Michelson Water Reclamation Plant, a 15 million gallon per day facility. Although the water is of near potable quality, it is used strictly for irrigation purposes and replaces water that would otherwise be pumped from the ground. The Irvine Ranch Water District services East Tustin. The City of Tustin also promotes water conservation, through its water conservation ordinance. The ordinance, "Finding and Determining the Necessity for Adopting a Water Management Plan" identifies water conservation stages and water use limitations. The Water Management Plan ordinance specifies water conservation stages and prohibited activities during each stage. The City also participates in low volume toilet replacement, showerhead replacement and landscape water conservation programs through the Municipal Water District of Orange County. In response to Asser~~ibly Bill 1881, the City adopted the Water Efficiency Landscape Ordinance. Its purpose is to promote the design, installation, and mninteraance of landscaping in a manner that conserves regional water resources by ensuring that landscaping projects are not undidy zoater-needy and that irrigation s~ste~rrts are appropriately irnplernertted to minimize water waste. Water resources and features, including watersheds and riparian habitats, are very important to Southern California, and riparian habitats are quite rare. The most prominent water feature in Tustin is Peters Canyon. Several mitigation measures were adopted for Peters Canyon as part of the East Tustin Specific Plan. These mitigation measures continue to reflect City policy. For several years, the Lower Peters Canyon Retarding Basin contained a small riparian habitat. This habitat severely deteriorated in recent years. The City will work with the County of Orange, which recently constructed a replacement dam, to preserve the riparian area and implement active measures to increase water supply to restore the habitat area. CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 34 ~=di~,'~~,02072 requirements for grading that are designed to protect sensitive topographic, soil, paleontologic, and archaeologic resources. The Tustin Grading Manual prescribes appropriate measures to protect the earth by controlling erosion, sedimentation, and storm damage. Proper grading, soil management, and open space standards will work to preserve these resources. Sensitive locations will be identified, and their preservation will be a high priority for the City during any project review. As new resources are identified in the City, they will be documented as features or resources the City desires to preserve. To further protect paleontological and archaeological resources, a records search will be performed prior to a development. If no record of resources exist, a field survey will be performed. Any proposed project which is located within a sensitive area as defined by Figure COSR-2, or is. identified through a subsequent study, will require a licensed paleontologist or archaeologist to be present on the site to observe grading or other earthwork. Historic Resources Tustin's many fine historic buildings are very important resources to the community. The City conducted historic surveys in 1990 and 2003, and maintains an historic preservation district. Significant structures outside the district are also protected by the City. In addition to City recognition, the Orange County Historical Commission recognizes the Hewes House and the First Advent Christian Church. The National Register of Historic Places also designates the Lighter-than-Air Hangars at the former MCAS Tustin. Prior to the closing of MCAS Tustin, additional historic resource surveying of the facility was completed. It was concluded that there existed two discontiguous historic districts containing World War II structures at former MCAS Tustin, including heating plant buildings and blimp mooring areas. need--te--address t ~;°pe-s-tti-en-eF *h~c^ r^ „rr It has been determined that by the City that it is not feasible to adaptively reuse the southerly of the two •blimp hangars. On January 16, 2001, the Tustin City Council adopted a Statement of Overriding Considerations for the FENS/EIR to address potential significant unavoidable impacts to historical resources resulting from the removal of both blimp hangars. Mitigation measures CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 36 j T TT~7~~98~2012 related to the impacts which included the documentation, marketing, and solicitation of the hangars, and production of a quality video on the significance of the hangars entitled "Titans of Tustin"were completed and approved by the National Advisory Council for Historic Preservation, the State Office of Historic Preservation, and the Department of the Navy and adopted by the City allowing the removal of the discontiguous historic district and hangars. In any event, the County continues its efforts to attempt to reuse the northerly historic blimp hangar in conjunction with design and development of a regional urban pariz scrbjeet to approval of the National Pariz Service. Figure COSR-3 identifies current historic resources within Tustin. Cultural Resources District: The Tustin Cultural Resources Distxict was established in response to growing concerns over future development in Old Town. The purpose of the Cultural Resources District is to provide a framework for recognizing, preserving, and protecting culturally significant structures, natural features, sites, and neighborhoods within the City of Tustin. The District includes much of the area within the original City boundaries. CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 37 i r r~.'~T~~~%~~~02012 TABLE COSR-2 EXISTING ~'~1'-PARKS AND RECREATIONAL FACILITIES NAME LOCATION ACRES FACILITIES 1. Camino Real 13602 Park Center tit 4.3 Preschool & school-age apparatus, basketball C-~t~c~-RealLrrrre court 2. Centennial 7<7722 Sy~at33ere ~~ Devonshire 8.0 Group picnic area, preschool & school-age apparatus, fitness course, horseshoe pit, basketball courts, volleyball courts 3. Columbus Tustin 1 <1712 Prospect z~ 13.0 Basketball courts, football/soccer field, softball try;~ fields, tennis courts, volleyball courts, gymnasium 4. Frontier 1 <l00 Mitchell ~~ tit 4.5 School-age apparatus, frisbee golf, fitness course, horseshoe pit, softball fields, barbecue grill 5. Magnolia Tree 227<1 Cheri-}~weetf z~ Fig Tree Drizu' 4.2 Preschool & school-age apparatus, basketball court, tennis courts, barbecue grill 6. McFadden- McFadden & 0.4 Picnic tables Pasadena Parkctte Pasadena 7. Peppertree 230 bV. First ~~ C 5.51- Preschool apparatus, fitness course, horseshoe pit, youth ball fields, barbecue grill 8. Pine Tree 7 <102 l~ei13i11 ~~-Bryan 4.2 Preschool and school-age apparatus, volleyball COlirtS 9. Clifton Miller Community 300 Centennial Way 0.1A Meeting room, auditorium, microphones, kitchen Center 10. Tustin Area Senior Center 200 South C Street 0.4ti Meeting rooms, game room, auditorium, micro hone, kitchen, ool tables 11. Laurel Glen Park I3301laeritag~~'t~ 3.0 Passive park with picnic facilities and a tot lat M ford Road 12. Tttstip Sports Park 12850 ]ate}lauree ~~tl Robinson 20.0 Lighted softball/soccer fields, tennis courts, multi- ose court, rac netball court 13. Cedar Grove 11385 Pioneer Rond~~y 9.7 Pre-school age apparatus, group picnic facilities, nature/redwood/cedar trees {trr~rter ~r~s~rrtt Ei~r~} 14. Heritage 4V~-Park 2350 Kirtsnrnrt Circle ~r..~:,. n~„t, ~~Vea~ 5.0 Tot lot, picnic area, basketball court, roller hockey ~~a}~~ertc~t~sErrtctiet}te~t3~~iekic~t~jttr~e ]t3s1~;} 15. Tustin Family Youth Center Newport/Sycamore Ave. 0.53 Pre-school, meeting/game rooms, multi-purpose activity rooms, computer lab, after school drop-in ro ani 16. Citrus Ranch 2910 Portoht Parkuray 17.0 Picnic shelter, play,~rouwl, restroonts, zturlkira trails, hilltop gazebo, on-srte parking, lepton tree orc~ard, htza area, picnic ods zvith barbecue rill 17. Pioneer Park 10250 Pioneer Road 3.1 Picnic shelter; 2 Im/ rounds, basketball half court, CITY OF TUSTIN GENERAL PLAN CONSERVATION/OPEN SPACE/ RECREATION ELEMENT 43 ~ r rni~~.,~~ 2n~sz2012 NAME LOCATION ACRES FACILITIES restroome, barbeare grill, zaalking h•aii, mater ~caturc rlai/area 18. Tustin Field I ~ 6lue Ski Dri~~e 7.3 Phn~ round, basketball hal court, antic area 19. Tustin Fieh IP 631 Hnlleit Drive 7J Plan round, nrskcthn(l court, ~irnic area 20. Cohnubus Square' Montgomery Square' Arlin to Pa k' Columbus Square r~loxtgomer~r~ Street 9 li S 1.2 1.0 Playgrourui, picnic area Playground, basketball half court, pinric area g n r ' r ugton tmet 1.0 Pluygrrouud, basketball hal(court, prnric area Paseo Morrtgomeri Pasco 0.4 Paseo, picnic area Pasco? Arlington Pasco 0.3 Paseo, piciiicnrea 21. Columbus Grove' Cohnnbirs Grai~e Drive 1.0 Playground and ricnic area Grove Durk' (asinine Plncc 2.7 Plait >round, basketball full and half court, ricnic area Total Acres 113.5 ~ ~ rnvuie ynrK rrccessmie ro punuc CITY OF TUSTIN GENERAL PLAN CONSERVATION/OPEN SPACE/ RECREATION ELEMENT 44 }I~-Pd~ '02012 General Standards The State of California Planning and Zoning Law and the Subdivision Map Act Code Section 66477 (The Quimby Act) indicate that the legislative body of a City or County, may, by Ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park and recreational purposes as a condition to the approval for a final tract map or parcel map. In cases where such dedications or fees have not been obtained for particular lots through a map, they may be imposed at the time that building permits are issued. Among other requirements, the following conditions must be met: o The Ordinance must include definite standards for determin- ing the proportion of a subdivision to be dedicated and the amount of any fee to be paid in lieu thereof; and o The legislative body has adopted a General Plan containing a Recreation Element, and any proposed park and recreational facilities are in accordance with definite principles and standards contained therein. In conformance with this statute, the City of Tustin Conservation, Open Space, and Recreation Element includes standards determining land requirements for future park sites. The standards identified in Table COSR-4, Tusti~t Srrbdiz~isiori Cone, -and in the following text should be utilized in selecting sites for parks and should serve as guidelines governing the acceptance of land dedicated to the City. Future acquisition should focus on acquiring land for parkettes and neighborhood and community parks as well as obtaining easements and property for trails. Generally, parkettes are not cost effective to maintain and this will be considered prior to acceptance of dedication. Figure COSR-5 presents the Tustin Recreation Plan for parks and other recreational open space facilities. CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 45 ~"iA',~~wR2012 TABLE COSR-3 PROPOSED ELT-SPARKS AND RECREATIONAL FACILITIES MEW PROPOSED FEATURES ,'1 ND SITE ACREAGE LOCATION PARti TYPES exam les onl Crr}{tta`rt~F'ar-~ }~.[~ }~}lltaer'e~atafl-P-Hrte(a ~=}tr}{ilatrr}~esf>fe~}ttrr-~I-rtr•{s€aei}riyt; e~t~es,-e}~er~ s~aee ~}E'r~~~}IlAf}4HE3E}-}~z1~}< 3nE) }~1L4Hf't')"-~1}'TjmiihElfE'E }'K}: ~H}cHE>4lifl MCAS Tustin ~sellHH}~sc-1t©o}-a};e a}3}3a r-a i tls; {~E'k~1tIa0P}lE)t)t~ ~-r~3`C'Slf~l-'H{381i1gf415 fl31 }~IErl3~i`9E-r}rtrE'9R E'{E` V/irlOlfS 1nClIftIPS 1?at-lESEI>Private Purls, }{~{~83 hase Various loaalians nt designe(t to support residents nud Opclr Space and Tnstilf Legal ~ enfployees in t{fe project znith focus olf Greenheltsf hrr/areas, pic/lic grens, nad snrrrll tot- - lot features Nertllwes{er}y-~c~k~{ierl HF A iT!' A~ • • •rcr~iit'rSt{P_ 6iglt{tci-set{1~tll~rlltr}{~-tkse kie}fis Olle L'0//lllllllll ty Plil"k Rr 8 H E~-~2fi }-t{lE?~-~ll Frll riTrE'tl S~ tHFH~rI•tt}Hi~+-c-(314{E'1' Val'10f1S pa55l Z~C MCAS Tustin Neighborhood A, nnoihcr and active recreatiolurl facilities oll Celts{llrallit}~ P-a>'hPuhlic ?-(:1701 connfnfuifij park ceatrnlhl cola/nunih~ perks to facet broad needs P(-irks located in the project and of residents and elnpla~ees Irz the Linear Park elements project includnlg lighted fields and zoithin vm"ions other picrnc areas, conuuuuitrj facilities, etc. Ileigkbor{foods. muf inclusion of zunter features ilf Linear Park. Colulh/ of Orange, Urban Reginnnl Bark 8`l Planllin~ Arch 6 of the MCAS'Fnstin Specffc '1'T3D hi7 the Couffty of Orange Phan TOTAL ACRES ~~t268 -E~}k~,lt 5 acres eael~: Source: MCAS Tustin Specific Plnrt, Tract Mops 17144 £j 77404, Legacy Pnrk Firtnl Design Gnideli/tes ' Private parks, open space, and greenhel is accessible to puhlic. Portions of conuuunity 1 inem' park to be privntel y mm~e(f hrrt accessible to Hu' puhlic. TABLE COSR-4 EXISTING AND FUTURE PARK ACREAGE NEEDS ~ Parkland ACteagesl'~erltrirefl Sdraol PI(fygrofurd Acreages Kcquire( Po tilation P Rer{j7j~~~/~ i red ParNnll (IS (3 0 acres/ Ynrklnmt' SI(Yphrs~ tihort all o ~ t o ~ 5clroul Plnl lU//IrdS ~~' (1~ ~ ncrrs/ ~d/ool Pl d 5111'plllS~ (Shortfall) of . 1000) Aer ~r s S .. 1000) nilBrorn( s Acreages ~ExistingCity H:1~75,781 1-39227 X113 (19Fr.6114) X174 X73 3(107) Future City 7Er,2~679,916 ??732}0 ??3381 ~5j141 1120 ~7~ ] x(113) $xisting SOIL'{) 25,235 76 10 (66) 38 52 14 ~ FutureSOI{'t) ?5927,727 3383 10 (~~?73) ,.}142 52 ~?10 uugornm uepnrnrtent of t-utnnce, t~opulntron tsttrunte /mnlnn~ 1, 1011, Ta ile LU-3 Gefteral Phut Lnnd Use Element ~'e ?tl}rt{}att~F,. r,~.a,.., I a,.t....,~ I n L Unless alternate ratio are estnblislred in nn adapted Specific Plnrr, Development Agreement, or any other applicable ngr'eenrent. Please note that n higher stmulal'd for the prffvision of public and private pnrklrnuf has been identified for the MCAS Tustin CITY OF TUSTIN GENERAL PLAN CONSERVATION/OPEN SPACE/ RECREATION ELEMENT 46 ) r Tr'~~.~-'~~2012 Specific Plnn to meet thr needs v/~`tlris area of fhe Citi/. 1'he Sheriftc PLm identi~~s hid ueiShborhood regrnrrd parks and open slnrct~ acren~;es tlraf need to he aca~nnuodrrPed. 1--2. This standazd is saiisfied by neighborhood and community pazks. Peters Canyon Regional Pazk is not used to meet this standazd. However, the MCAS Tustin urban regional pazk is included due to active sports facilities that will be available to the Community;'=tt~ art}-aEe }~~:T;;s it ~as~stie~are-also-}taelttilecl~ ? 3. School playground acreages are based on the assumption that 35 percent of approximately ~?~ I S.J acres of land (Culuntbus Tustin tidruol) associated with j~~irrt use ngreenre nt heizoeen the Citi~ and sSchool Drsh~icts is used for recreational purposes. 3:4. Sphere of Influence CTTY OF TUSTIN GENERAL PLAN CONSERVATION/OPEN SPACE/ RECREATION ELEMENT 47 ~r'r`ru~.-~'', ~wQ2012 ' ~. ~- '. . ~~ °~ a • k ~~L__ w ~ ~. ~A II f,~ C' `Lj ` . ... ~ . ,~ {~' // ~/ i , I~ ll !t , ~~/ ~,' // '~ ' !1 ' ll /1 rl • /~ 0 ~,n' ~• a~s a ~~,~~.;~~ fie.'- ~~ ' ~\ c ~J~ ' ~, ~, hiCASTustin ,t \~~,, ~~ Dg871Nd8t)HOpL.. . Specific' Plan* -~{' ~' • ; ~` 'PROP~EDLU{.JILBdFIWt ti EN187iNC~ CdMMUNRI(FACILITY . tt° ~:~. ~ 170SfiiNO PiIBUC PARK ' ' ~t~?' `. 'P.ROP08®PUeUC PARR ~ .ti:~. ~+ q~wr`r...~rrre.. ~ • ~' R ~~E7aS'lll10 PRIVATE RECREATION ' ~a-raw ~y _ ~ _ ~E~0871NOBII3YCI~ROLI'fE8. . ~ "'„'~,~"~' ' ~ ~ ~1RBQI6NlLL. IIM.?!-IISE iFiA1L ' . ...., ' ...I .. .._.. ~...... __. ... ___. ` . .__: '~._ ...:......., Q See MCAS Tustin S~ecifis Plan ~. . -, ,.. ~-_~ 690IlFiC~ CAy of Twtlrt, RsaraOlanal Raaownr In IM 7Ymtln Aram {188f11, IACA,6 Tu+atlrt PlartlFlausa Plsn (1897) ' ®~.~ GB~fERAI. PLAN ~ Figure COSR-5' ~~nri,sly ~, zoos 'Recreation Plan Parkettes Parkettes are small, passive, local parks, generally less than one acre in size. Most parkettes are established in higher density areas as a substitute for backyards. Size and location are usually determined by the availability of vacant land. These parks may serve any age group, depending on the characteristics of the neighborhood. They usually feature play apparatus, a paved area for wheeled toys, benches, and landscape treatment. They may also feature children's play areas, quiet game areas, and some sports activities such as multi-purpose courts, if space allows. Some mini-parks are natural areas with minimal improvements (e.g., benches) which safeguard identified archaeological/paleontological sites or other natural resources, or serve as viewpoints. As the City approaches build-out, it becomes more important to take advantage of opportunities available to the City for the establishment of park space. Parkettes could be established in areas that lack conveniently accessible parkland. The maintenance costs of proposed parkettes require consideration prior to acceptance of dedication. Neighborhood Parks Many of the facilities located within neighborhood parks are associated with active recreation. All neighborhood parks should contain some area for active recreation depending on the size of the park. The park site should contain consolidated parcels with appropriate area devoted to active recreation such as ball fields (soccer and baseball), multi-purpose fields and open turf, game courts, tot lots, picnic facilities, swimming pools, community buildings, restroom building and on-site parking. The neighborhood park site also needs to include amenities such as trees, shrubs, groundcoz~er, tug f areas, beficlres, trash receptacles, picnic tables, shade structures, paned or decomposed- graftite trails. The standard minimum size for neighborhood parks is three acres. Neighborhood parks should be located near the center of a neighborhood unit and, if possible, adjoining an elementary school. Easy access should be provided to pedestrians, bicyclists, and maintenance and public safety vehicles. A neighborhood park should not be separated from its user population by major highways, CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 49 7T T~~~2012 railroads, or other un-traversable obstacles. A neighborhood park should be situated adjacent to or near greenbelts, open space linkages, or other community open space/recreation facilities to facilitate an open space system throughout the City. Community Parks Community parks are intended to serve an approximate population of 10,000. No specific shape is required for community parks as they are intended to incorporate both active recreational facilities and passive open space in the form of unique physical features such as a ridgeline. Community parks should be a minimum of eight acres. Community parks should encompass pedestrian and bicycle paths and natural open space. Community parks should contribute to the City's open space system by connecting to neighborhood parks through open space linkages or connecting to other recreational facilities. They should be located at or near the intersection of an arterial near the center of their service area. Community parks should contain space for active recreational facilities such as gamefields, game courts, swimming pools or agruztic center, and play areas as well as community centers, on-site parking, restrooms, and picnic areas. Antertities stech as trees, shrubs,groundcover, large open turf areas, irardscape, benches, trash receptacles, paved and decomposed granite trails, club house with storage area, lighted parking lots to meetfacility and amenity demands, picnic tables, barbeques, shelterstructttres, and restroom buildings should be provided. Comrnr~nity Linear Parlc A Community Linear Park is envisioned at Tustin Legacy. The Commitnih~ Linear Park would provide (private and public owned portions) trees, shrubs, grottndcover, turf, hardscape, benches, trash receptacles, lighting, small structures (i.e. gazebos, shelters, trellis, sculptures, monuments), shallow Izardscape and/or riparian zvaterzvay, simulated strearrts and other water features with connectivity, paved and decomposed granite trails for pedestrian and bicycle trail connectivihj across the parkland network in the Tustin Legacy Project. CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 50 ;~'^'TaF r~,~99~2012 Regional Parks The County of Orange owns and maintains many regional recreational facilities. Policy for the development, maintenance, and improvement of these parks is provided by the Orange County Recreation Element, which includes a Master Plan for regional recreational facilities in the County. The County currently operates the Peters Canyon Regional Park within the northwesterly portion of East Tustin. The City also supports the County in locating other regional park facilities in the City. A regional park of approximately 84.5 acres (including 11 acres occupied by a blimp hanger) is proposed to be transferred to and operated by the County within the MCAS Tustin Specific Plan area. Outdoor recreation activities and adaptive reuse of existing buildings within this regional park location for recreation-oriented uses is planned. School Playgrounds/Joint Agreements sports leagues such as those for baseball, soccer, and football utilize school ballfields through a permit process with the School District. The City includes .pox-=«school recreational facilities in zc~hich the Cite/ hrrs ra joint use agreenu~nt z~~ith the School District to meet the overall goal of three acres per 1,000 population. At the time of the General Plan update, one school facility (Cohunbus Tustin) is used jointly by the Cih~ afid the School District. Up to 1.5 acres per 1,000 population can be provided through school recreation areas provided the school recreation areas are open to the public. Opportunities exist to maintain and enhance school/recreation joint use agreements with the Tustin Unified School District. Whenever feasible, the City should work to improve agreements with schools to enter into a joint school/recreation use and maintenance program. An educational college campus is proposed within the Tustin Legacy development which could provide recreational facilities open to the public. CITY OF TUSTIN CONSERVATION/OPEN SPACE/ GENERAL PLAN RECREATION ELEMENT 51 'r , n~~99~201 Z Biking/Hiking Trails The County of Orange .maintains a coordinated system of trails, including bikeways, equestrian trails and hiking trails within the City. The Tustin Parks and Recreation and Community Development Departments disseminate public information regarding trail availability, and assists with design review of new trails. Bikeways comprise the most extensive part of the City's trail network. There are three categories of bikeways: o Class I: a paved path that is separate from any motor vehicle travel lane; o Class II: a restricted lane within the right of way of a paved roadway for the exclusive or semi-exclusive use of bicycles; and o Class III: a bikeway that shares the street with motor vehicles or the sidewalk with pedestrians. The biking network in Tustin connects with other trails and paths in adjacent communities and throughout Orange County. The County of Orange has required that a bikeway and hiking trail for connection within the Tustin Legacy project be provided along the Peters Canyon Channel as an obligation of the Tustin Legacy project. The trail would be paved and also include adecomposed-granite trail with landscaping, benches, trash receptacles, and low- level lighting and directional signage. Direct connections from adjacent residential developments atTustin Legacy are to be prodded. The trails would be completed in conjunction with improvements that are to be made to the Peters Canyon Channel. A number of policies included in this Element are concerned with the expansion of the City-wide system of hiking and biking trails. Precise development standards for the various types of trails are difficult to establish since trail width and gradient will depend on topography, surface features, and availability of an easement. The .City's trail system includes pedestrian and bike trails within open space corridors and along regional trails which link to local and regional parkland. The bikeways located along the City's street system are addressed in the City's Circulation Element. 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The Planning Area boundaries are equivalent to the land use designation boundaries, and are shown in Figure 3-l. Adjustments in boundaries resulting from fmal road alignments or more precise surveys, or technical refinements will not require a Specific Plan Amendment. While precise boundaries and acreages will be determined when more definitive plans are submitted, the maximum development limits as shown in the Land Use Statistical Analysis (Table 3-1) shall apply, subject to transfer conditions between neighborhoods provided below in Sections 3.2.3 and 3.2.4. 3.2.2 Maximum Dwelling Units The maximum number of dwelling units in each Planning Area may not exceed the numbers as specified on the Land Use Statistical Analysis (Table 3-I). The calculation of residential density, as stated in dwelling units per acre, shall be based on gross acres for each project unless otherwise noted in specific planning area development standards. Gross acres is defined as total acres less arterial roadways. 3.2.3 Transfer of Dwelling Unit Allocations If a Planning Area is developed with less than the maximum number of units allowed, then the "unused'° residential development potential may be transferred to another Planning Area ••'~~~•', ~ ~~~*~ • . •~'~~r~rl-«~-~ ~~ . ~ t,,, n +,. .,+~ ,. +~ , ;+~ .1 + aarnnrulins 1 me^ryh^~ Dl., .,~ A fir H 1Il cmrii---rv Y~,;%a.iic ~' , .~ ...,1.>~' l.l.~ 2 11 1.,~.. s~r«.~~~~~s--~'F~,~-~n~-~ provided tlzrrt such transfer does not increase the total units allowable irz the overall Specific Plan, ~rcept for any density bonuses granted pursuant to the City Incentives for the Development of Affordable Housing Ordinance (Density Bonus Ordinance), and subject to :h:. ~::~ -~~~ ^~•~*^~•~^ ^r^ :::c* ~ '~~^^* *^ ~•~**^~ ~~,':„,~ review and approval by the Director a, .`~uivJa. a.a .v i of Community Development: c , auiiJ •J U u V VV11J1JlVI1T-Yf7TL~iTT +~CrG~~G71~711IGRT ^ ~ MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-77 Chapter 3 • Land Use and Development/Reuse Regulations ~I. iia ~iic. 3.2.4 Non-Residential Land Use/Trip Budget The non-residential land use/trip budget tracking system is a mechanism for managing the forecasted vehicular trips generated by the land use mix in the Specific Plan. The purpose of the tracking system is to ensure that development can be accommodated within the planned roadway capacity of the on-site and off-site roadway systems. The basis for the trip budget is the specification of a mix ofnon-residential uses for each neighborhood. The budget establishes a baseline capacity of average daily trips (ADT) for each neighborhood. Using assumed traffic generation rates, the number of trips that would be generated at buildout of the Plan was estimated. This mix has been further allocated to Planning Areas only for ease of administration. However, the trip budget by neighborhood shall control the amount and intensity of non-residential uses by neighborhood. In order to manage the availability of roadway capacity, a Trip Budget Tracking System is established as part of this Specific Plan to monitor and report on the traffic implications of each development project which involves non-residential uses. The system entails establishment of a maximum limit on the number of ADT's generated from non-residential uses within the Specific Plan and for each neighborhood. That limit is shown in Table 3-3, Trip Budget, which summarizes the square footage of non-residential uses allocated to each neighborhood by Planning Area, and the associated ADT. Residential uses are shown for information only, but are not part of the Trip Budget. This information is derived from the Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin. TABLE 3-3 PLANNING AREA TRIP BUDGET Planning ResidentiaUParks Non-Residential Area o. Land Use Cate o Units Amount ADTs Amount ADTs NEIGH BORHOOD A 1--1 Element /Middle School STU ~ 561 1-.1, I- l.em•ni~rgCeater(~1TFP) TS/~ 893.85- 5,-l7l- 1-l3 /.enrr:ing Center (Lain' Erafa~ceme~tt/~Ininanl Care Ce37teY~ lSF 152.-16 933 I -C Leni°ning Center (Child Care Shelter) T.SF 6098 373 I-D Learning Center (Child Care) %S/' 31.36 192 1-H' Learning Center(RSCCCD) 751' !96.02 1,200 City of Tustin MCAS Tustin Specific Plan/Reuse Plan Page 3-78 Chapter 3 • Land Use and Development/Reuse Regulations TABLE 3-3 PLANNING AREA TRIP BUDGET Planning ResidentiaUParks Non-Residential Area No. Land Use Cate o Units Amount ADTs Amount AD s Nei borhood Commercial TSF 313 2-l.8~ 3:(}~3 , 78-t 1-C, Tustin Facili SG 7Y3D''' ,220 PA 1 Trip Budget Total >1dl,-/ 12.65' 1 ,734 2 Sorts Park ACRE 24.1 1,297 3 Transitional Housin ROOM 192 941 Neighborhood A Square Footage Total TSF 13(1:9,81,4 12.h5 Nei hborhood A Tri Bud et Total 17,734 NEIGHBORHOOD B LDR 1-7 DU/Acre) DU 145 1,388 4 MDR 8-15 DU/Acre DU 120 960 Senior Housin Attached DU 72 250 MDR 8-IS DU/Acre DU 132 1,056 5 MHDR(16-25 DU/Acre) DU 438 2,903 Senior housin Attached DU 170 590 Communi Commercial TSF 103,46 7,052 7 GeneralOffice TSF 144.84 1,922 PA 7 Tri Bud et Total 248.3 8,974 Nei h borhood B S ware Foota a Total TSF 248.3 Nei hborhood B Tri Bud et Total 8,974 NEIGHBORHOOD C Communi Commercial TSF 57.5 3,920 6 Re Tonal Pazk ACRE 84.5 423 PA 6 Tri Bud et Total 3,920 Nei hborhood C S uare Foota a Total TSF 57.5 Nei hborhood C Tri Bud et Total 3,920 NEIGHBORHOOD D Hi School STU 1,850 3,312 Nei hborhood Commercial TSF 65.69 7,345 General Office TSF 207 2,747 8 Office Park TSF 1,383.8 11,280 Industrial Park TSF 319.51 3,803 Pazk ACRE 10.3 52 Sorts Park ACRE 46 2,475 PA 8 Tri Bud et Total 1,976 28,487 MHDR 16-25 DU/Acre DU 891 5,907 Hotel 380 TSF ROOM 500 4,115 Nei borhood Commercial TSF 9.76 1,091 Communi Commercial TSF 117.1 7,984 13 General Office TSF 1,512 20,065 Park ACRE 12.9 65 Health Club TSF 30 988 Hi -Turnover Restaurant TSF 12 1,526 PA 13 Tri Bud et Total 2,060.86 35,769 Communi Commercial TSF 11.11 757 General Office TSF 136.9 1,818 14 Office Pazk TSF 547 5,645 Theatre 25 TSF SEAT 1,000 1,250 Hi -Turnover Restaurant TSF 6 763 PA 14 Tri Bud et Total 726.01 10,233 Nei hborhood D S uare Foota a Total TSF 4,762.87 Nei hborhood D Tri Bud et Total 74,489 MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-79 Chapter 3 • Land Use and Development/Reuse Regulations TABLE 3-3 PLANNINGAREA TRIP BUDGET Planning Residential/Parks Non Residential Area o. Land Use Cate o Units Amount ADTs Amount ADTs NEIGHBORHOOD E Industrial Park TSF 44.61 ~-I-~tl,0~? 9 Pazk ACRE 1.1 6 ti~a~t~~(~~k ~L-=IZ1s ~rI PA 9 Tri Bud et Total 44.61 X1.0-J? General Office TSF 156.82 3.OYI2,3!? Industrial Park TSF 124.41 1,569 10 Park ACRE 1.4 7 4j~~ttti-l~r-It ~1~1= -1-3 ??rI PA 10 Tri Bud et Total 281.23 ?~;1~3, 881 Nei borhood Commercial TSF 18.13 2,028 General Office TSF 371.89 4,935 11 Office Park TSF 278.78 2,663 Industrial Park TSF 138.52 2,002 Park ACRE 25.7 130 PA 11 Tri Bud et Total 807.32 11,628 12 Office Park TSF 134.17 1,281 PA 12 Tri Bud et Total 134.17 1,281 Nei h borhood E S uare Foota a Total TSF 1,267.33 Neighborhood E Trip Budget Total +~~3'~-317,8 32 NEIGHBORHOOD F 16 Sho in Center TSF 448 13,772 PA 16 Tri Bud et Total 448 13,772 17 Sho in Center TSF 47 1,445 PA 17 Tri Bud et Total 47 1,445 18 Milit Office TSF 40.85 542 PA 18 Tri Bud et Total 40.85 542 Sho in Center TSF 435.6 13,391 435.6 13,391 19 Multi lex Theater (70 TSF) SEAT 3,500 6,300 PA 19 Tri Bud et Total TSF 505.6 19,691 Nei h borhood F S uare Foota a Total TSF 1,041.45 Nei hborhood F Tri Bud et Total 35,450 NEIGHBORHOOD G LDR 1-7 DU/Acre DU 533 5,102 MDR 8-15 DU/Acre DU 489 3,912 MHDR 16-25 DU/Acre DU 192 1,273 Element /Middle School STU 1,200 1,224 Nei borhood Commercial TSF 26.68 2,983 15 Communi Commercial TSF 130.68 8,908 General Office TSF 150.28 1,994 Park ACRE 49 249 Senior Con a ate TSF 158.99 970 S orts Park ACRE 14.1 758 PA 15 Tri Bud et Total 466.63 14,855 20 MHDR 16-25 DU/Acre DU 376 2,493 21 LDR 1-7 DU/Acre DU 189 1,809 MDR 8-15 DU/Acre) DU 465 3,720 Nei hborhood G S uare Foota a Total TSF 466.63 Nei hborhood G Tri Bud et Total 14,855 City of Tustin MCAS Tustin Specific P/an/Reuse Plan Page 3-20 Chapter 3 • Land Use and Development/Reuse Regulations TABLE 3-3 PLANNING AREA TRIP BUDGET Planning ResldentiaUParks Non-Residential Area No. Land Use Cate o Units Amount ADTs Amount AD s NEIGHBORHOOD H LDR 1-7 DU/Acre DU 166 1,589 22 MDR 8-15 DU/Acre DU 243 1,944 Element /Middle School STU 650 663 Nei hborhood H S uare Foota a Total TSF 0 Nei hborhood H Tri Bud et Total p I Residential and park uses aze shown for informational purposes only and are not part of the non-residential tr ip budget. As a result of the 2010 Specific Plan Amendment the amount of square footage and allowable ADT's within the SOCCCD site went up. 3 To accommodate the increase in the SOCCCD site, as a result of the 2010 Specific Plan Amendment, a porno of the ADT's located within the Neighborhood Commercial Category have been transferred from the Neighbor ood Commercial land use category to the SOCCCD site (250 ADT'sJ. Pursuant to Section 3.2.4 the Public Works Department and Community Development Department shall maintain the Trip Budget Form contained in T le 3-3 of the Specific Plan and amount of ADT's available for development or for transfer. This will result in a portion of the allowable 27,120 square feet originally shown for Neighborhood Commercial uses being redu ed by the amount of ADT's transferred from the Neighborhood Commercial land use category to the SOCCCD s~ e. No separate land use acreage is shown in that it is assumed to be within the Tustin Facility. `' The ADT bud et will be su icient or a varlet o g ff f y f potential land uses on the Tustin Facility particularly when viewed in the combination with the square footages and ADT's assigned to the Neighborhood Commercial I nd use category. s See Section 3.3.2A for use restrictions e Note the individual sites noted above total a maximum square footage of 1,359,535 which does not include development on the Tustin Facility which can accommodate development supported by up to 6,220 ADT's. However, Table 3-2 in the Specific Plan and the EIS/EIR would permit a total of 1,412,651 within Planning A a 1, provided such square footage is also supported by available ADT's in the Table 3-3, as administratively adjusted as it relates to Planning Area 1 as noted above. Depending upon any uses proposed on the Tustin Facility, Table 3-3 may need to be adjusted with a Specific Plan Amendment and a modification. All Planning Areas are shown to account for the total ADT associated with developing the Specific Plan, but the trip budget applies only to non- residential uses. They are highlighted in Table 3-3. The Community Development Department and Public Works Department shall maintain a current Trip Budget Tracking form depicting the maximum square footage of non-residential development in each neighborhood. The form shall specify the assumed square footage of commercial, office, institutional and other non-residential uses which have been assigned to each neighborhood. In addition, the form shall specify the amount of square footage approved for development with the equivalent ADTs assigned to a development, and amount of ADT's available for remaining development or available for transfer to another neighborhood. The information shall be further allocated to each Planning Area based on Table 3-3 for administration purposes only. The essential MCAS Tustin Specific P/an/Reuse Plan City of Tustin Page 3-21 Chapter 3 • Land Use and Development/Reuse Regulations neighborhood shall not occur without the authorization of the landowner(s) of the developed or undeveloped parcels within the contributing neighborhood agreeing to the transfer. This approval shall be in the form of an agreement to run with the land and subject to review and approval of the City Attorney prior to approval of the transfer. All transfers of available ADTs shall be documented in the Trip Budget Tracking System. ^ Establishment of Trip Generation Rates: Trip generation rates for estimating the number of vehicle trips that will be generated for land uses in the Specific Plan are included in the MCAS EIS/EIR Traffic Study. Since traffic generation rates may vary over time, those used in the Traffic Report may be updated periodically subject to review and approval by the Planning Commission. The methodology for calculating site trips in the MCAS EIS/EIR Traffic Study shall be used for update purposes. 3.2.5 Esestie„ ^..~~.~,~"Transfer between Residential and Non-Residential Residential dwelling units and Nan-residential ADTs may be transferred bettiveen Planning Areas provided that such transfer does not increase the total units allowable in overall Specific Plan, except for any density bonus granted p~i~r•suant to the Cily Incentives for the Development of Affordable Housing (Density Bona~s) Ordinance, and that authorization of the landowner(s) of the developed or undeveloped parcels within the contributing neighborhood agreeing to the transfer. This approval shall be in the,form of an agreement to run with the Land and subject to review and approval of the City Attorney prior to approval of the transfer. All transfers of available ADTs shall be documented in the Trip Budget Tracking System. MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-23 Chapter 3 • Land Use and Development/Reuse Regulations 3.4.2 Planning Area 4 -Low Density Residential A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. • Community care facilities for six or fewer persons P • Condominiums and cooperatives P • Family care home, foster home or group home, for six or P fewer persons • Large family day care for ~~~;-r}tr~~ to.fo~rf~teen ~c-E~f~ P children on single family detached lots in accordance with the Tustin City Code • Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.2.CH • Residential care facility for elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units P • Single-family detached carriage way units P • Small family day care for less than seven children on P single family detached lots B. Accessory Uses and Structures Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted use on the same site and would include: • Carports • Garages • Home occupations subject to provisions of the City Code • Patio coversltrellises • Swimming pools, spas, Jacuzzis • Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings C. Unlisted Uses Those uses not specifically listed are subject to a determination by the Community Development Director as either permitted, permitted subject to a conditional use permit or prohibited consistent with the purpose of the land designation of this planning area and the Specific Plan. Decisions of the Director are appealable to the Planning CommYSSY®n, City of Tustin MCAS Tustin Specific Plan/Reuse Plan Page 3-38 Chapter 3 • Land Use and Development/Reuse Regulations the City's sole and absolute discretion. To ensure comparable equivalent value of an off-site option or exchange for not providing on-site affordable units, a financial affordability gap analysis will be conducted by the City, at developer's cost, to compare the value of the off-site option and the affordability gap cost of providing on-site affordable housing. 4. Tenure -Reuse/development in Planning Area 4 shall be preferably ownership tenure, Development of apartments is a discretionary action requiring approval of a conditional use permit. ~~„ ~,,,,•.,*;,,., - ~i-t -sl-~eiihT ~ ~~iav lll.llll l)li~p1 -C;I1IrfT Y v l~' v l 1 ~' l.o a,1 F ,-~ t liluy v S. Existing structures to be reused shall be brought into conformance with applicable provisions of .the Uniform Building Code as amended by the City, State of California Title 24 Access Compliance (handicapped provisions), and requirements of the Americans with Disabilities Act (ADA). 6. Utility metering modifications and/or provision of independent utility services shall be committed to by agreement between the City of Tustin and those agencies receiving property in the PA 4 prior to use and occupancy of existing buildings and/or new development. Said agreement shall identify required capital/infrastructure improvements and environmental impact report mitigations. I. Development or Reuse Guidelines 1. Existing housing units shall be aesthetically upgraded through architectural and landscape improvements to appear consistent in quality with private market housing in the surrounding neighborhoods of Tustin and Irvine. Such improvements shall be completed prior to issuance of use and occupancy permits. The improvements may include, but are not limited to, the following: a) Upgraded facade treatments, including use of plaster or stucco, wood siding, brick, stone, and other approved materials b) Upgraded window types and treatments (i.e. trim) c) Upgraded roofing materials and extension of roof overhangs d) Updated color scheme for buildings and walls e) Enhancement of private patios and balconies MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-45 Chapter 3 • Land Use and Development/Reuse Regulations 3.4.3 Planning Area 5 -Medium Density Residential A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. • Churches and other religious institutions C • Community care facilities for six or fewer persons P • Condominiums and cooperatives P • Convalescent hospital C • Family care home, foster home or group home, for six or P fewer persons • Large family day care for seven to twelve children on P single family detached lots in accordance with the Tustin City Code • Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.3.1=1I • Patio homes p • Private school C • Public or private preschools C • Fire Station p • Public/private utility building facility C • Residential care facility for elderly, for six or fewer P persons • Single-family attached dwelling units and duplexes P • Single-family detached dwelling units P • Single-family detached Carriage Way units P • Small-family day care for less than seven children on P single-family detached lots B. Accessory Uses and Structures Accessory uses and structures are permitted when customarily associated with and subordinate to a permitted use on the same site and would include: • Carports • Garages • Home occupations subject to provisions of the City Code • Patio covers/trellises • Swimming pools, spas, Jacuzzis • Tennis courts, basketball courts and other multi-purpose courts, recreation and community buildings City of Tustin MCAS Tustin Specific Plan/Reuse Plan Page 3-48 Chapter 3 • Land Use and Develop ~°~~ G~~~'~~~~ ~~~,~~~~~1~~~~~ development project approval to ensure uniformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) At least 15% of units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households. b) At least 38 additional units for occupancy by low income households. c) At least 16 additional units for occupancy by moderate income households. d) Restricted affordable housing units shall be reasonably dispersed throughout the project and shall be compatible with the design and use of market rate units in appearance, use of materials, and finished quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. e) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible for sales prices and incomes fj The City of Tustin reserves the right to negotiate transfer of a developer's obligation pursuant to this section off- site as a credit for affordable units which cannot be reasonably feasible to provide on-site which shall be at the City's sole and absolute discretion. To ensure comparable equivalent value of an off-site option or exchange for not providing on-site affordable units, a financial affordability gap analysis will be conducted by the City, at developer's cost, to compare the value of the off-site option and the affordability gap cost of providing on-site affordable housing. 3. Tenure -Development in Planning Area 5 of apartments is a discretionary action requiring approval of a conditional use permit. r„ ,. ~;,~~,.;,,,t ., ,,,a;+;,,,,,,~ „•+ n MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-57 Chapter 3 • Land Use and Development/Reuse Regulations miry°cTOrZiiTrr~ cmz-rrcccrv ~T~ zk~>~122~-t~t~' 4. Condominiums and multiple family development may contain numerous lots, but shall be designated as a development unit on a tentative map. The minimum size for a development unit shall be 10 acres. J. Development Guidelines 1. Buildings should be staggered along North Loop Road to provide variety along the streetscape. 2. The use of sound walls should be minimized through building site location. 3. Demolition of structures may be required by Tustin to be undertaken under the following conditions: 1) where information determines the need for demolition to eliminate public health and safety risks, 2) to improve the appearance of the Planning Area, 3) to accommodate the completion of major roadway improvements, and 4) to properly implement the land use intent of this Planning Area. A summary of the key design guidelines for the Medium Density Residential Planning Area is provided in Figure 3-4. City of Tusfin MCAS Tustin Specific P/aNReuse Plan Page 3-58 Chapter 3 • Land Use and Development/Reuse Regulations • Motion picture and recording studios P • Office furniture, equipment and sales P Pharmaceutical products manufacturing P Research and development facilities (including P laboratories, biotechnology, product development, and manufacturing) ~~<~t~1;~, Science laboratories P ~. Simulation development uses P • Small animal hospitals or clinics C • Software design uses P ' • Technology exchangeltransfer services P Warehousing and storage C ~ 5. Residential uses: • Family care home, foster home or group home, for six or P fewer persons • Condominiums and cooperatives P • Multiple family dwellings (apartments) in accordance P with tenure provisions in Section 3.6.2.~I • Single family attached dwelling units and duplexes P 6. Public/Institutional uses: • Art and cultural facilities P • Churches and other religious institutions C • Community and recreational facilities P • Congregate care, convalescent, and assisted living C facilities Hospitals C • Nursery school or child care center C • Open space, public and private P • Parks, playgrounds and accessory uses P • School, public P • School, private C • Utility building/facility P 7. Mixed Uses Residential and commercial retail, service commercial, P public/institutional, and/or office uses (including live/work) • Commercial retail and service commercial, P public/institutional, and/or office uses City of Tustin MCAS Tustin Specific P/an/Reuse Plan Page 3-74 Chapter 3 • Land Use and Development/Reuse Regulations Allocation needs as identified in the Housing Element of the General Plan through the provisions of housing for households at very low, low and moderate income levels. Specific housing requirements for redevelopment and Housing Element compliance on a residential housing project will be established at the time of development project approval to ensure conformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) The number of affordable housing units in Neighborhood D shall be 196, of which 53 must be at the very low income level, x-53 at the low income level and ~-t-90 at the moderate income level. If future amendments to the plan occur at least 15% of additional units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households. b) Restricted affordable housing units shall be reasonably dispersed and located and may be accomplished in attached projects only. The affordable units shall be compatible with the design and use of market rate units in appearance, use of materials, and finished quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. c) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible for sales prices and incomes u~ Iii" own rlocrol(.,.o.-~., .~L.l;r.n+:.. + + +l-.~ +~ ~f ate-aS~E~@~i~-fA~-~f6~~~e-L13ii~S-Eh E~3v ~2 rease~Iy-fIe-te-pre~pild~e{-en-~te~}}~~~e-hs,,h "=a~-~R ~~e~iv ~TZCC~'~"JVIUC~~~CrtY011~~ lillZCiTG E^vmpu~~@-e'gH~Tb't`kl°~tcciii@--6i cn~ir-^vri--S-ft~v~t~6rr-vr e-}F~~-€9r--r~r6t-~6~'~d~~-6H-~rtol City of Tustin MCAS Tustin Specific P/an/Reuse Plan Page 3-80 Chapter 3 • Land lJs and ~ ~ ~°~~ ~~~.~ ~ ~ G'='~~;~~t~~~~~~~o©~r~ ~„ ;+o .,~f ,-.7„4.10 1,., 5. Tenure - n ~ + ,.r 4,4.,,..4.~..,r1 n „~ ,.+,,, ~+~ LlJ V~lJl VllllllJll {. 111 1 \Y1~lIp ~H3-f tE~c6-u-co^+cc^ci-6 ~~-i/a^c~~r"re~*~eE~t6-oc~tti-1~-S~1c~ll 6813-SfS~0.~36 @~t° +7,~„ ono/ '+~ 1 ~vm B 9~-t13~-zcim~--c^r~t~ie~ii~-rc^r`dr' `~`; i~~'-ei)~ ~~vro--cr~tl~-ri:v d@~`~t~-i-iiE6iiic-ie'b=~t-ittlc`~r~nrv~v-icy-cc-rirc`H'lEcc lz'~<Llti ~ ate--~e~=e~-- Thirty (30) percent of the total nz~mber of units authorized within the City of Tustin portion of the Specific Plan «~;~,~~~,~~~~t are pernrittec~for apartments. ~, ~4! 6. Existing structures to be reused shall be brought into conformance with applicable provisions of the Uniform Building Code as amended, State of California Title 24 Access Compliance (handicapped provisions), and requirements of the Americans with Disabilities Act (ADA). The State Historical Building Code, as locally adopted, may be applied where applicable in the Plaiming Area. 7. Utility metering modifications and provision of independent utility services shall be committed to by agreement between the City of Tustin and those agencies receiving property in the Community Core, prior to use and occupancy of existing buildings and new development, except for interim use. 8. A Memorandum of Agreement has been entered into between the State Historic Preservation Office, the Advisory Council on Historic Preservation, Department of Navy, County of Orange and City of Tustin. The Memorandum of Agreement dictates the process to be followed in determining any future reuse or demolition plans for the historic blimp hangar. See the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin for a copy of the Memorandum of Agreement and specifics regarding the future reuse of demolition of the blimp hangar. 9. Prior to any interim or permanent reuse of buildings or property on a parcel, or prior to any new development on a parcel within the Planning Area, any agencies receiving property from the Department of Defense or Local Redevelopment Authority (LRA) shall be required to enter into an Agreement with the City of Tustin. The purpose of the Agreement is to: 1) identify the planning goals of an agency and the City and LRA; 2) identify the scope and schedule for short-range or long-range development plans for the property; 3) establish a process for meaningful consultation on development and operational issues of mutual concern; 4) identify roadway dedication or capital/infrastructure improvements that will be required for use andlor development, and Environmental Impact Report mitigation MCAS Tustin Specific P/an/Reuse Plan City of Tustin Page 3-87 Chapter 3 • Land Use and Development/Reuse Regulations 4. Affordability -The following minimum affordable housing production objectives are intended to reflect the intention of the City to create a redevelopment project area (Community Redevelopment Law, section 33000) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the General Plan through the provisions of housing for households at very low, low and moderate income levels. Specific housing requirements for redevelopment and Housing Element compliance may be established at the time of development approval to ensure conformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) The number of affordable housing units in Planning Area 15 shall be 257, of which 73 must be very low income, 42 low income, and 142 moderate income level. If future amendments to the plan occur at least 15% of additional units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households shall be provided. b) (Section Deleted) c) Restricted affordable housing units shall be reasonably dispersed and located and may be accomplished in attached projects only. The affordable units shall be compatible with the design and use of market rate units in appearance, use of materials, and fmished quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. d) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible for sales prices and incomes '. fj.. .i..bv~iu~s, ,rzcri~vr c:~*?---&S---c'~crc'~'ccr~zv~rvrauvic-cH3ii~~irrc~i Zvi -v@ ~P~Oi~b~faa~roieZ6=pi~o'oLra8--9i'i- ~t°c-~§'-~1zC~i~ii ~ur~c-ai ^ ~ ~ El}SE~~tiB~--r~e~i~' snC~~ty-S~or~airR--~ccb~'e=~'c'[+c~ T City of Tustin MCAS Tustin Specific P/an/Reuse Plan Page 3-116 _ Chapter 3 • Land Use and Development/Reuse Regulations "e-few^~,rag--e~-s-i-t~erd~le--x~i~s~ ~[,` the r~ •+ , .,+ a t ~ + + +i, t o ~+. ' j , vY cr-sco=w? ro co mPar~trtc.. /., ~. J. "i,~ ntn•f, n t + Dt n i c ~ ,.+ + Y b rur ~allvrrru -1.7 ~9-c~-t6ta1--0~'r~~~-~~C-lip-p + + t, 1, --„ 0 1.pEl. to of ,-] 1., 1 1 / '+L, c nnni ~lltl 1 E1~c~thP-i~2~-y~6~~`-1~1-2E6i~@-1@`~ 8tiT c~~Bzzc~irc-racxc'~tc- t~t@ ~Ee~-I-~e~l--~rd~-°~e~#lr~~w~~-Thirty (30) percent of the tottrl number of units authorized within the City of Tustin portion of the Specific Plan is permitted for apartments. ~:6. (Section Deleted) 6-: 7. (Section Deleted) ~8. Condominiums and multiple family developments may contain numerous lots, but shall be designated as a Development Unit on a tentative map. The minimum size for a development unit shall be 5 acres. Development Units which contain multiple products shall be comprehensively site planned. ~9. (Section Deleted) x-:10. Refer to Section 3.11.24 for dedication requirements for the Santa Ana -Santa Fe Channel. -1-8-:11. If the final alignment for Tustin Ranch Road and Warner Avenue differs from the assumed alignments as described in Section 3.2, adjustments in acreage and development potential for Planning Area 15 and Neighborhood D (Community Core) shall be calculated in accordance with the provisions of Section 3.2.5. While the respective Planning Area boundaries may shift slightly, Tustin Ranch Road and Warner Avenue will remain the common boundary between Planning Area 15 and Planning Area 8. J. Development Guidelines 1. Shared parking opportunities shall be explored between the office and commercial uses. 2. Open Space design shall accommodate site drainage and wetland mitigation, as necessary. 3. Demolition of structures may be required by Tustin to be undertaken under the following conditions: 1) where information determines the need for demolition to eliminate public health and safety risks, 2) to improve the appearance of the Planning Area, 3) to accommodate the completion of major MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-197 Chapter 3 • Land Use and Development/Reuse Regulations b) Standards for qualifying income and maximum rents or sales prices c) Parties responsible for sales prices and incomes 6) The City of Tustin reserves the right to negotiate transfer of a developer's obligation pursuant to this section off-site as a credit for affordable units which cannot be reasonably feasible to provide on-site which shall be at the City's sole and absolute discretion. To ensure comparable equivalent value of an off-site option or exchange for not providing on-site affordable units, a financial affordability gap analysis will be conducted by the City, at developer's cost, to compare the value of the off- site option and the affordability gap cost of providing on-site affordable housing. 4. Tenure -Reuse/development of Planning Area 21 shall be encouraged to be ownership tenure. Development of apartments is a discretionary action requiring approval of a conditional use permit. L-'eF~~i-c~e.z+~^~, ^1~ ~''+' ' ~ei}tFF.~~-i$ca-r`~e=~°cr~ir@-~9-FR'--~~~rccnc-yr+ch~, cvicri 5. Existing structures to be reused shall be brought into conformance with applicable provisions of the Uniform Building Code, as amended by the City's of Tustin or Irvine (as applicable), State of California Title 24 Access Compliance (handicapped provisions), and requirements of the Americans with Disabilities Act (ADA). 6. Utility metering modifications and provision of independent utility services shall be committed to by agreement between the City of Tustin and those agencies receiving property in Planning Area 21 prior to use and occupancy of existing buildings and new development. K. Development or Reuse Guidelines 1. Wall and streetscape upgrades along Harvard Avenue should be designed to create greater compatibility with Village 38 theme walls and streetscape on the east side of Harvard Avenue. A combination of walls, landscaping, and berms may be utilized to achieve required noise standards in both Tustin and Irvine. 2. Existing housing units shall be aesthetically upgraded through architectural and landscape improvements to appear consistent in quality with private market housing in the surrounding neighborhoods of Tustin and Irvine, in the event of reuse. Such improvements shall be completed prior to issuance of use and MCAS Tustin Specific Plan/Reuse Plan City of Tustin Page 3-139 Chapter 4 • Specific Plan Administration A. A proposed change in property within a Planning Area from one land use designation to another; B. New regulations imposed on property not currently imposed; C. Removal or modification of regulations on property currently imposed; D. Modification of the Trip Budget Tracking System to increase the maximum ADT allowed in the Specific Plan. An amendment to this Specific Plan shall be initiated and processed in the same manner as set forth in the City of Tustin or City of Irvine Municipal Code, as applicable, for amending the City Zoning Ordinance. -1.2.9 Developme~lt Agreement To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute, " Section 6586, et seq. of the Government Code. The Development Agreement Statute authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property and to provide for development of such property and to establish certain development rights therein. Pursuant to the authorization set forth in the Development Agreement Statute, the City has enacted procedures for entering into development agreements which are contained in Tzzstin City Code Sections 9600 to 9619. The processing and approval of Development Agreements is intended to augment and further the purposes and intent of the General Plan, Specific Plan and Final .EIS/EIR and will ensure the orderly implementation of infrastructure and additional development in accordance with the General Plan, MCAS Tustin Specific Plan, and Final Program EIR/EIS for the Reuse and Disposal of the Former MCAS Tustin and Addendum (the "Final EIS/EIR'). Further, Development Agreements will establish a schedule of performance for fixture development including obligations and phasing triggering mechanisms that ensure that adequate local and Tustin Legacy Backbone Infrastructure Program improvements are in place to support anticipated development in accordance with the Phasing Plan identified in the MCAS Tustin Specific Plan and Final EIS/EIR and Addendum, and any Tustin City Code requirements. Accordingly, prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private development shall City of Tustin MCAS Tustin Specific Plan/Reuse Plan Page 4-10 ~~~~~~~~~ L~ ~ 5~ ~ ~~i~~s~~ ~ ~1~=~~~ .,'~~l~r~~i~~~ ~trtion first obtain a Development Agreement in accordance with Section 6586 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code. 4.2.~9~ General Notes A. Where required, approval from the South Coast Air Quality Management District or successory agency(ies) shall be obtained for any devices or processes responding to mandated actions. The City of Tustin or Irvine, as applicable, will assist in this process to the extent possible. B. Whenever the regulations contained in this Specific Plan conflict with the regulations of the Tustin City Code or Irvine's Codes, as applicable, the provisions of this Specific Plan shall take precedence. The Tustin City Code or Irvine Codes, as applicable, shall apply regarding any standard or regulation not covered by this plan. 4.2.a-A-11 Severability If any section, subsection, subdivision, sentence, clause, phrase, exhibit, table or portion of this Specific Plan is found to be invalid or unconstitutional by a court having jurisdiction, such a decision shall not invalidate the remaining portions in whole or in part of the Specific Plan. 4.3 ENFORCEMENT The regulatory portions of this Specific Plan have been adopted by Ordinance and therefore are subject to penalty provisions of the Tustin or Irvine City Codes, as applicable. Specifically, violations of land use development standards shall be subject to penalty and citation procedures of each city's Code, in addition to either City's authority to seek civil litigation in a court of law. Concept plan, site plan, design review, subdivision map, variance, conditional use permit, minor adjustments, or building permit conditions imposed pursuant to this Specific Plan shall also be subject to penalty provisions and citation procedures of the Tustin and Irvine City Codes. 4.4 PHASING PLAN 4.4.1 Introduction MCAS Tustin Specific P/an/Reuse Plan City of Tustin Page 4-11 ATTACHMENT C Planning Commission Resolution No. 4190 RESOLUTION NO. 4190 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2011-01 BY AMENDING THE CONSERVATION/OPEN SPACE/RECREATION ELEMENT OF THE GENERAL PLAN BY UPDATING RECREATION PLAN TO REFLECT EXISTING AND FUTURE PARKS AND OPEN SPACES; AND SPECIFIC PLAN AMENDMENT 2011-04 (ORDINANCE NO. 1413), BY INCREASING THE ALLOWABLE NUMBER OF RENTAL UNITS, ALLOWING TRANSFER OF RESIDENTIAL UNITS AND NON-RESIDENTIAL SQUARE FOOTAGES BETWEEN PLANNING AREAS, ELIMINATING A 9- ACRE SPORTS PARK FROM NEIGHBORHOOD E, REQUIRING THE EXECUTION OF A DEVELOPMENT AGREEMENT PRIOR TO OR CONCURRENT WITH CITY APPROVAL OF ANY DEVELOPMENT PROJECT, AND IMPLEMENTING MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN SPECIFIC PLAN. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That the City of Tustin is proposing a minor amendment to the Conservation/Open Space/Recreation element of the General Plan and MCAS Tustin Specific Plan. General Plan Amendment 2011-01 involves updates to the recreation plan to reflect existing and future parks and open spaces. Specific Plan Amendment 2011-04 involves minor amendments intended to: 1) increase the allowable number of rental units; 2) allow transfer of residential units and non-residential square footages between planning areas; 3) eliminate a 9-acre sports park from neighborhood E; 4), require the execution of a Development Agreement prior to or concurrent with City approval of any development project; and, 5) make other minor text amendments of the MCAS Tustin Specific Plan. The proposed Amendment would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. B. That on January 18, 2011, and September 20, 2011, the City Council approved Final Tract Maps 17144 and 17404, respectively which thereby refined parcels designated far parks and open spaces. General Plan Amendment 2011-01 would update the Conservation/Open Space/Recreation element of the General Plan by reflecting the refined Resolution No. 4190 Page 2 acreages related to parks and open space parcels and implementing other minor text amendments. C. That on April 25, 2011, the Tustin City Council approved the "Tustin Legacy Disposition Strategy for the Former Master Developer Footprint." The Disposition Strategy recommends refinements and/or modifications to the MCAS Tustin Specific Plan to support development activities anticipated over the next economic cycle. SPA 2011-04 is in response to the recommendation contained in the Disposition Strategy adopted by the City Council. D. That on June 7, 2011, the City Council adopted an Urgency Ordinance No. 1401, requiring the execution of a Development Agreement prior to or concurrent with City approval of any development project. On July 5, 2011, the City Council adopted Ordinance No. 1402, extending the requirement for the execution of a Development Agreement prior to or concurrent with City approval of any development project for a period of ten (10) months and fifteen (15) days. SPA 2011-04 would codify this requirement in the MCAS Tustin Specific Plan. E. That a public hearing was duly called, noticed, and held on said application on February 14, 2012, by the Planning Commission. F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. The FEIS/EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendum and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. G. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project (Exhibit A). The Environmental Analysis Checklist concludes that all of the proposed project's effects were previously examined in the FEIS/EIR, Addendum and Supplement, 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 Resolution No. 4190 Page 3 measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. H. SPA 2011-04 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area. 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city-wide urban design. 4. Promote economic expansion and diversification. 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. II. The Planning Commission hereby recommends that the City Council approve General Plan Amendment 2011-01 and adopt Ordinance No. 1413 approving Specific Plan Amendment (SPA) 2011-04 attached hereto as Exhibit B. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14t" day of February, 2012. JEFF R. THOMPSON Chairperson ELIZABETH 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 City of Tustin, California; that Resolution No. 4190 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14t" day of February, 2012. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A OF RESOLUTION NO. 4190 Environmental Analysis Checklist for GPA 2011-01 and SPA 2011-04 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin The following checklist takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. This checklist evaluates 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): General Plan Amendment (GPA) 2011-01 and Specific Plan Amendment (SPA) 2011-04, Minor Text Amendments Lead Agency: City of Tustin Lead Agency Contact Person: Justina Willkom Phone: (714) 573-3115 Project Location: The General Plan encompasses the entire City of Tustin and the MCAS Tustin Specific Plan, generally bounded by Edinger Avenue to the north, Harvard Avenue to the east, Red Hill Avenue to the west, and Barranca Parkway to the south. Project Sponsor's Name and Address: City of Tustin, 300 Centennial Way, Tustin CA 92780 General Plan Designation: MCAS Tustin Zoning Designation: MCAS Tustin Specific Plan District Project Description: The City of Tustin is proposing a minor amendment to the Conservation/Open Space/Recreation element of the General Plan and MCAS Tustin Specific Plan. General Plan Amendment 2011-01 involves updates to the recreation plan to reflect existing and future parks and open spaces. Specific Plan Amendment 2011-04 involves minor amendments intended to: 1) increase the allowable number of rental units; 2) allow transfer of residential units and non-residential square footages between planning areas; 3) eliminate a 9-acre sports park from neighborhood E; 4), require the execution of a Development Agreement prior to or concurrent with City approval of any development project; and, 5) make other minor text amendments of the MCAS Tustin Specific Plan. "The proposed Amendment would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. No change to the General Plan land use or zoning designation is proposed. Surrounding Uses: General Plan: Various residential, commercial, and industrial land uses MCAS Tustin Specific Plan: North: Residential, Light Industrial, and Commercial East: Residential South: Light Industrial and Commercial West: Light Industrial and Commercial Previous Environmental Documentation: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/BIR. The FEIS/EIR along with its Supplemental and Addendum is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Supplemental and Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. B. 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 ^Air Quality ^Transportation & Circulation ^Biological Resources ^Mineral Resources ^Agricultural Resources C. DETERMINATION: On the basis of this initial evaluation: ^Hazards and Hazardous Materials ^Noise ^Public Services ^Utilities 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 1) 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. ^ 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 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 measures that are imposed upon the proposed project. Preparers Date: February 2, 2012 ------~ Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS Date: February 2, 2012 See Attached EVALUATION OF ENVIRONMENTAL IMPACTS 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 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? IH. 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 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? 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? No Substantial New More Change From Signifrcant Severe Previous Impact Impacts Analysis ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ N. 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 natural community identified in local or regional plans, policies, regulations or by 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? 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? 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 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 Substantial New More Change From Sign cant Severe Previous Impact Impacts Analysis ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 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? 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 systems where sewers are not available for the disposal of waste water? VILHAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public 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 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 project result in a safety hazard for people residing or workuig in the project area? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: -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 result 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 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 stormwater 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 or 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, injw•y or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING -- Would the project: a) Physically divide an established community? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 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 a 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 alocally-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 groundborne 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? XII.POPULATION ANll 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? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ No Substantial New More Change From Signiftcant Severe Previous Impact Impacts Analysis 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 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: Fire protection? Police protection? Schools? Parks? Other public facilities? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 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? XV. TRANSPORTATION/TRAFFIC -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 (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.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 racksj? 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? 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? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ o ^ ^ ^ EVALUATION OF ENVIRONMENTAL IMPACTS GENERAL PLAN AMENDMENT 2011-01 SPECIFIC PLAN AMENDMENT 2011-04 BACKGROUND On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. The FEIS/EIR along with its Supplement and Addendum is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendum and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin.. The FEIS/EIR, Addendum and Supplement analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the MCAS Tustin Specific Plan/Reuse Plan (referred to in this document as the Specific Plan). The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and City of Irvine must take to implement the MCAS Tustin Specific Plan. The MCAS Tustin Specific Plan proposed, and the FEIS/EIR analyzed, amulti-year development period for the planned urban reuse project (Tustin Legacy). When individual discretionary activities within the Specific Plan are proposed, the lead agency is required to examine the individual activities to determine if their effects were fully analyzed in the FEIS/EIR. The agency can approve the activities as being within the scope of the project covered by the FEIS/EIR. If the agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent EIR is required. PROPOSED PROJECT The City of Tustin is proposing a minor amendment to the ConservationJOpen Space/Recreation (COR) Element of the General Plan and the MCAS Tustin Specific Plan. The proposal involves minor amendments and will not "substantially alter" the current adopted General Plan or the MCAS Tustin Specific Plan. General Plan Amendment 2011-01 involves updates to the recreation plan to reflect existing and future parks and open spaces. Specific Plan Amendment 2011-04 involves minor amendments intended to: 1) increase the allowable number of rental units; 2) allow transfer of residential units and non-residential square footages between planning areas; 3) eliminate a 9-acre sports park from neighborhood E; 4) require the execution of a Development Agreement prior to or concurrent with City approval of any Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 2 development project; and, 5) make other minor text amendments of the MCAS Tustin Specific Plan. The proposed Amendment would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. No change to the General Plan land use or zoning designation is proposed. ANALYSIS An Environmental Analysis Checklist has been completed and it has been determined that this Project is within the scope of the previously approved FEISJEIR and that pursuant to Title 14 California Code of Regulations Sections 15162 and 15168(c), no new effects could occur, and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan and would not cause aesthetic impacts that were not previously analyzed in the FEIS/EIR, Addendum, and Supplement. These modifications would not change the future development condition that was analyzed in the FEIS/EIR and there would be no change to development intensity, building height restrictions, setbacks, signage, and other development standards. There are no new or increased significant adverse project-specific or cumulative impacts with regard to aesthetics and visual quality that would occur as a result of the implementation of the Project. There is no new information relative to aesthetics and visual quality that was not in existence at the time the FEIS/EIR was prepared. Therefore, the proposed project and its implementation are consistent with the FEIS/EIR. No new mitigation measures are required in relation to impacts to aesthetics and visual quality. There are no designated scenic vistas in the Project area; therefore, the Project would not result in a substantial adverse effect on a scenic vista. The Project Site Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 3 is also not located within the vicinity of a designated state scenic highway. The Project would not change the conclusions of the historical analysis of the historic blimp hangars from the FEIS/EIR relative to visual changes since the Proposed Project would not affect these hangars. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to aesthetics. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified as complete. Mitigation/Monitoring Required.• No new impacts nor substantially more severe aesthetic impacts would result from the adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for aesthetics and visual quality. No refinements related to the Project are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum and Supplement; applicable measures will be recommended as conditions of entitlement approvals for future development of the site. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-84, 4-109 through 114) and Addendum (Page 5-3 through 5-8) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin General Plan II. 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 Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 4 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. There were no agricultural uses on the Site in the recent past. There are currently no agricultural uses on the Site. The Proposed Project would not cause impacts to agriculture and forest resources that were not previously analyzed in the FEIS/EIR, Addendum, and Supplement. There continue to be no agricultural resources on the property. There are no new or increased significant adverse project-specific or cumulative impacts with regard to agricultural resources that are identified as a result of the adoption and implementation of the Project. The impacts of the implementation of the Specific Plan are already analyzed in the FEIS/EIR. There is no new information relative to agricultural resources that was not in existence at the time the FEIS/EIR was prepared. As a result, no new mitigation measures are required in relation to impacts to agricultural resources. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to agricultural resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required: In certifying the FEIS/EIR, the Tustin City Council adopted Findings of Fact and Statement of Overriding Considerations on January 16, 2001, concluding that impacts to agricultural resources on other areas of MCAS Tustin were unavoidable (Resolution No. 00-90). No mitigation is required. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 5 Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-84, 4-109 through 114) and Addendum (Page 5-8 through 5-10) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin General Plan Farmland Mapping and Monitoring Program 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 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? 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 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. The Proposed Project would not cause impacts to air quality that were not previously analyzed in the FEIS/EIR, Addendum, and Supplement. There would be no change to development intensity, building height restrictions, setbacks, signage, other development standards or vehicle trips that would lead to increased air emissions from overall vehicle trips. There are no new or increased significant adverse project-specific or cumulative impacts with regard to air quality that would occur as a result of the adoption and implementation of the Project that was not previously analyzed in the FEIS/EIR. There is no new information relative to air quality that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with and previously analyzed in the FEIS/EIR, Addendum, and Supplement. As a result, no new mitigation measures are required in relation to impacts to air quality. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 6 The Tustin City Council adopted Findings and a Statement of Overriding Considerations for the FEIS/EIR on January 16, 2001 to address significant unavoidable short-term (construction), long-term (operational), and cumulative air quality impacts for the Specific Plan. The City also adopted mitigation measures to reduce these unavoidable adverse impacts. Consistent with the findings in the FEIS/EIR, implementation of future development on the Project Site could result in significant unavoidable short-term construction air quality impacts because it is part of the "project" analyzed in the FEIS/EIR for which this finding was made. Construction activities associated with the Project. Site were previously addressed in the FEIS/EIR. There is no substantial new information that shows there will be different or more significant short-term air quality impacts on the environment from the Project than described in the FEIS/EIR. Consistent with the findings in the FEIS/EIR, development on the Project Site could also result in significant unavoidable long-term and cumulative air quality impacts because it is part of the "project" analyzed in the FEIS/EIR for which this finding was made. The Proposed Project makes minor refinements to the COR element of the General Plan and the MCAS Tustin Specific Plan; there would be no increase in overall development intensity. The Project does not modify the overall trip budget evaluated in the FEIS/EIR. There is no substantial new information that shows there will be different or more significant long-term and/or cumulative impacts on the environment as a result of the Project than described in the FEIS/EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to air quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required.• Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum, and Supplement; applicable measures will be recommended as conditions of entitlement approvals for future development of the site. However, the FEIS/EIR, Addendum, and Supplement also concluded that Specific Plan related operational air quality impacts were Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 7 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 through153, 4-207 through 4-230, pages 7-41 through 7-42 and Addendum Pages 5-10 through 5-28) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) 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 natural community identified in local or regional plans, policies, regulations, or by 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? 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 8 The Proposed Project would not cause impacts to biological resources that were not previously analyzed in the FEIS/EIR, Addendum, and Supplement. There are no new or increased significant adverse project-specific or cumulative impacts with regard to biological resources that would occur as a result of the adoption and implementation of the Project. There is no new information relative to biological resources that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts on biological resources. Based on current delineations of wetlands and jurisdictional waters, the Project will not affect wetlands or jurisdictional waters. The impacts resulting from the implementation of the Project, if any, would be those identified in the FEIS/EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to biological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. 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, 7-26 through 7-27 and Addendum pages 5-28 through 5-40) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) 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? Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 9 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. The Proposed Project would not cause impacts to cultural resources that were not previously analyzed in the FEIS/EIR, Addendum, and Supplement. The Project would not cause impacts to cultural resources. The impacts of the Specific Plan on cultural resources, including any that may be present on the Project Site, were considered in the FEIS/EIR. It is possible that previously unidentified buried archeological or paleontological resources within the Project Site could be discovered during grading and other construction activities. Consequently, future development is required to perform construction monitoring for cultural and paleontological resources to reduce potential impacts to these resources to a level of insignificance as found in the FEIS/EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to cultural and paleontological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required: Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum, and Supplement; applicable measures will be recommended as conditions of entitlement approvals for development of the site. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 10 Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3-74, 4-93 through 4-102, 7-24 through 7-26, and Addendum Pages 5-40 through 5-45) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) 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 systems where sewers are not available for the disposal of wastewater? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. Implementation of the Project would not cause any direct impacts to geology and soils. There are no new or increased significant adverse project-specific or cumulative impacts with regard to geology and soils that are identified as a result of the adoption and implementation of the Project. There is no new information relative to geology and soils that was not in existence at the time the FEIS/EIR as Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 11 prepared. Therefore, the Proposed Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to geology and soils. The FEIS/EIR found that impacts to soils and geology resulting from implementation of the 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). The FEIS/EIR 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 geotechnical issues. No substantial change is expected during implementation of the Project from the analysis previously completed in the certified FEIS/EIR. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to geology and soils. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitaring Required.• Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum, and Supplement; applicable measures will be recommended as conditions of entitlement approvals for development of the site. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3-97, 4-115 through 4-123, 7-28 through 7-29 and Addendum Pages 5-46 through 5-49) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin General Plan Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 12 VII. HAZARDS AND HAZARDOUS MATERIALS: -Would the project: a) Create a significant hazard to the public 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 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 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? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. The entire MCAS Tustin site was reviewed for hazardous materials prior to start of redevelopment activities. Federal regulations require the Navy to complete remediation of hazardous materials prior to conveyance of properties to other landowners. Portions of the Project Site are presently undergoing remediation, and therefore remain under Navy ownership. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 13 Implementation of the Project will not cause any direct impacts to hazards and hazardous materials. There are no new or increased significant adverse project- specific or cumulative impacts with regards to hazards and hazardous materials that are identified as a result of the adoption and implementation of the Project. There is no new information relative to hazards and hazardous materials that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts from hazards and hazardous materials. The FEIS/EIR included a detailed discussion of the historic and then-current hazardous material use and hazardous waste generation within the Specific Plan area. The Navy is responsible for planning and executing environmental restoration programs in response to releases of hazardous substances for MCAS Tustin. The FEIS/EIR concluded that the implementation of the Specific Plan would not have a significant environmental impact from the hazardous wastes, substances, and materials on the property during construction or operation since the Navy would implement various remedial actions pursuant to the Compliance Programs that would remove, manage, or isolate potentially hazardous substances in soils and groundwater. As identified in the FEIS/EIR, the Project Site is within the boundaries of the Airport Environs Land Use Plan (AELUP) and is subject to height restrictions. The Proposed Project does not propose changes to the 100- foot height limitation included in the Specific Plan. The Project Site is not located in a wildland fire hazard area. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hazards and hazardous materials. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3-117, 4-130 through 4-138, 7-30 through 7-31, and Addendum Pages 5-49 through 5-55) Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 14 MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Finding of Suitability to Transfer (POST) for Southern Parcels 4-8, 10- 2, 14, and 42, and Parcels 25, 26, 30-33, 37 and Portion of 40 and 41 Finding of Suitability to Lease (POSE) for Southern Parcels Care-out Areas 1, 2, 3, and 4 Airport Environs Land Use Plan (AELUP) Tustin General Plan HYDROLOGY AND WATER QUALITY: -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 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? a) 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? k) Potentially impact stormwater runoff from construction activities? Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 15 I) Potentially impact stormwater runoff from post-construction activities? m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? o) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create significant increases in erosion of the project site or surrounding areas? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. The Project will not cause direct impact to hydrology and water quality. There would be no change to development intensity, building height restrictions, setbacks, signage, and other development standards. There are no new or increased significant adverse project-specific or cumulative impacts with regard to hydrology/water quality that are identified as a result of the adoption and implementation of the Project. There is no new information relative to hydrology/water quality that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to hydrology/water quality. As concluded in the FEIS/EIR, preparation of a Water Quality Management Plan (WQMP) for future development projects on the Project sites in compliance with all applicable regulatory standards would reduce water quality impacts from development activities to a level of insignificance. The Project would not result in new or substantially more severe impacts to water quality than what was previously identified in the FEIS/EIR. Future development will be required to comply with Specific Plan development standards and would require preparation of a WQMP. The Project proposes no change to the drainage pattern and water management systems previously analyzed in the FEIS/EIR. The drainage pattern and water management systems in the Project Site vicinity would remain consistent with the Tustin Legacy Master Drainage Plan. Therefore, the analysis and conclusions in the FEIS/EIR relative to impacts related to groundwater supply, groundwater levels, or local recharge have not changed substantially. In addition, no change to the backbone drainage system is proposed. Therefore, no new or Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 16 more severe impacts related to drainage patterns, drainage facilities, and potential flooding would result from the Project. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hydrology and water quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required: Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR and Addendum; applicable measures will be recommended as conditions of entitlement approvals for development of the site. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3-105, 4-124 through 4-129, 7-29 through 7-30 and Addendum Pages 5-56 through 5-92) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would increase the number of rental units within the Specific Plan to not exceed thirty (30) percent of the total overall number of units within the Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 17 Specific Plan and would allow the transfer of either residential units or non- residential square footages among planning areas. These amendments will not increase the overall development potential or residential units allowed by the MCAS Tustin Specific Plan. The Project would not physically divide any Specific Plan land use, conflict with the Specific Plan, or conflict with any habitat conservation plan or natural community conservation plan. Implementation of the Project will not cause any direct impacts to land use and planning. There would be no change to development intensity, building height restrictions, setbacks, signage, and other development standards. There are no new or increased significant adverse project-specific or cumulative impacts with regard to land use and planning that are identified as a result of the adoption and implementation of the Project. There is no new information relative to land use and planning that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to land use planning. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to land use and planning. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified as complete. Mitigation/Monitoring Required: Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR and Addendum; applicable measures will be recommended as conditions of entitlement approvals for development of the site. Sources: FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3- 17, 4-3 to 4-13, 7-16 to 7-18 and Addendum Pages 5-92 to 5-95) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin General Plan Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 18 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. The Project would not cause new impacts to mineral resources that were not previously analyzed in the FEIS/EIR, Addendum, and Supplement. There are no new or increased significant adverse project-specific or cumulative impacts with regard to mineral resources that are identified as a result of the adoption and implementation of the Project. There is no new information relative to mineral resources that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to mineral resources. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to mineral resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified as complete. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) and Addendum (Page 5-95) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 19 through 3-137) 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? 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 excessive noise levels? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. There would be no change to development intensity, traffic generation, building height restrictions, setbacks, signage, and other development standards. No new or increased significant adverse project-specific or cumulative impacts with regard to noise are identified as a result of the approval and implementation of the Project. There is no new information relative to noise that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Proposed Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to noise. The Project would not modify the noise-related land use distribution within the Project Site or Tustin Legacy. The long-term traffic-related noise impacts associated with implementation of the Project have been identified and analyzed in the FEIS/EIR. Short-term noise impacts were also analyzed in the previously certified FEIS/EIR; implementation of the Project would be required to comply with applicable adopted mitigation measures and state and local regulations and standards, along with established engineering procedures and techniques, thus Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 20 avoiding significant short-term construction-related noise impacts. There would be no changes proposed that would modify development intensity, traffic generation, building height restrictions, setbacks, signage, or other development standards. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to noise. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR were certified as complete. Mitigation/Monitoring Required: Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum, and Supplement; applicable measures will be recommended as conditions of entitlement approvals for development of the site. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 through 3-162) and Addendum (Page 5-96 through 5-99) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin General Plan XII. POPULATION & 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? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential or the Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 21 total number of residential units allowed by the MCAS Tustin Specific Plan. Although the proposed amendment include an increase in the total number of apartment units, the overall total number of housing units and associated population would not increase and be impacted by the proposed project. There are no new or increased significant adverse project-specific or cumulative impacts with regard to population and housing that are identified as a result of the adoption and implementation of the Project. There is no new information relative to population and housing that was not in existence at the time the FEIS/EIR was prepared. Therefore, the proposed Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to population and housing. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to population and housing. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. 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) and Addendum Pages (5- 101through 5-112) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin General Plan XIII. PUBLIC SERVICE 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: Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 22 GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. Implementation of the Project will not cause any direct impacts to public services. There would be no change to development intensity, which would lead to an increased demand for public services. There are no new or increased significant adverse project-specific or cumulative impacts with regard to public services and facilities that are identified as a result of the adoption and implementation of the Project. There is no new information relative to public services and facilities that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to public services and facilities. Fire Protection Fire protection for the Project Site was discussed and analyzed in the FEIS/EIR. The Project results in no changes to that previous analysis, and no increased or new environmental effects on the environment from those previously analyzed in the FEIS/EIR. Implementation of the Project will require compliance with existing OCFA regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations will reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the Site. Pursuant to the FEIS/EIR, the existing fire stations in the Project vicinity with additional fire fighting personnel and equipment will meet the demands created by the development within Tustin Legacy. No new or expanded facilities were identified as being required and therefore no physical impacts were identified. Police Protection The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Future implementation of the project site in compliance with the MCAS Tustin Specific Plan would not increase the need for police protection services in addition to what was anticipated in the FEIS/EIR and Addendum. As a condition of approval, future development projects would be required to work with the Tustin Police Department to ensure that adequate security precautions are implemented in the project at plan check. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 23 Schools The impacts to schools resulting from future implementation of the proposed project would be similar to that identified in the FEIS/EIR and Addendum. Consistent with SB 50, the City of Tustin has adopted implementation measures that require future developer to pay applicable school fees to the TUSD to mitigate indirect and direct student generation impacts prior to the issuance of building permits. The payment of school mitigation impact fees authorized by SB 50 is deemed to provide "full and complete mitigation of impacts" from the development of real property on school facilities (Government Code 65995). SB 50 provides that a state or local agency may not deny or refuse to approve the planning, use, or development of real property on the basis of a developer's refusal to provide mitigation in amounts in excess of that established by SB 50. Parks Future development within Tustin Legacy may include uses such as parks, recreation facilities, theaters, museums, and various other public and private recreational uses. The proposed SPA 2011-04 would eliminate a nine (9) acre neighborhood park originally located within Neighborhood E. This neighborhood park has been determined under the Disposition Strategy for former Master Developer Footprint adopted by the City Council to be not necessary to meet recreational needs for Tustin Legacy or the community given the extent of other public and private parkland and open space resources designed for Tustin Legacy. Other Public Facilities (Libraries Since certification of the FEIS/EIR, the Orange County Library (OCPL) entered into an agreement with the City of Tustin for the expansion of the Tustin Branch library. The expansion of the library is a capital improvement of a public facility that will directly benefit development activities within the Specific Plan area. Developers within the Specific Plan area are required to make a fair share contribution to a portion of the development costs of the library expansion. 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 FEIS/EIR and Addendum concluded that public facilities would be provided according to a phasing plan to meet projected needs as development of the site proceeded. Mitigation/Monitoring Required: Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum, and Supplement; applicable measures will be conditions of entitlement approvals for development of the site. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 24 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) and Addendum (Pages 5-112 through 5-122) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) 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? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. The Proposed Project would not result in an increase of development intensity or change in uses that would result in increased use of existing parks or recreational facilities. The project however would eliminate a nine (9) acre neighborhood park originally located within Neighborhood E. This neighborhood park has been determined under the Disposition Strategy for former Master Developer Footprint adopted by the City Council to be not necessary to meet recreational needs for Tustin Legacy or the community given the extent of other public and private parkland and open space resources designed for Tustin Legacy. There are no new or increased significant adverse project-specific or cumulative impacts with regard to recreation that are identified as a result of the adoption and implementation of the Project. There is no new information relative to recreation that was not in existence at the time the FEIS/EIR, Addendum, and Supplement was prepared. As a result, no new mitigation measures are required in relation to impacts to recreation. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to recreation. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 25 substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEISlEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required.• Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum, and Supplement; applicable measures will be recommended as conditions of entitlement approvals for development of the site. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3- 57, 4-56 to 4-80, 7-21 to 7-22 and Addendum Pages 5-122 through 5-127 MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin City Code Section 9331 d (1) (b) Tustin General Plan XV. TRANSPORTATION/TRAFFIC: 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 (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.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 26 g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. There are no new or increased significant adverse project-specific or cumulative impacts with regard to transportation and traffic that are identified as a result of the adoption and implementation of the Project that was not previously analyzed in the FEIS/EIR, Addendum, and Supplement. Since the project does not result in an increase in trip generation as compared to the expected generation assumed in the FEIS/EIR, Addendum, and Supplement, the project site remains within the trip budget assumed by earlier analyses. Based on this analysis, there are no new or increased significant adverse project- specific or cumulative impacts with regard to traffic and transportation that are identified as a result of the adoption and implementation of the Project. There is no new information relative to traffic and transportation that was not in existence at the time the FEIS/EIR was prepared. As a result, no new mitigation measures are required in relation to impacts to traffic and transportation. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to recreation. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required.• Specific mitigation measures were adopted by the Tustin City Council in certifying the FEIS/EIR, Addendum, and Supplement. However, the FEIS/EIR, Addendum, and Supplement, also concluded that Specific Plan related traffic impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR, Addendum, and Supplement, was adopted by the Tustin City Council on January 16, 2001. Applicable measures will be conditions of entitlement approvals for development of the site. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 27 Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-118 through 3-142, 4-139 through 4-206 and 7-32 through 7-42) and Addendum (pages 5-127 through 5-147) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) 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? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? GPA 2011-01 AND SPA 2011-04 would implement minor text amendments to the COR element of the General Plan and the MCAS Tustin Specific Plan. The proposed refinement would not increase the overall development potential allowed by the MCAS Tustin Specific Plan. Evaluation of Environmental Impacts GPA 2011-01 AIVD SPA 2011-04 Page 28 The Project would not cause any direct impacts to utilities and service systems. There would be no change to development intensity, building height restrictions, setbacks, signage, and other development standards. There are no new or increased significant adverse project-specific or cumulative impacts with regard to utilities/services systems that are identified as a result of the adoption and implementation of the Project. There is no new information relative to utilities and service systems that was not in existence at the time the FEIS/EIR was prepared. Therefore, the Project and its implementation are consistent with the FEIS/EIR. As a result, no new mitigation measures are required in relation to impacts to utilities and service systems. The Project would not result in any changes to the utilities plan presented in the Specific Plan. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to utilities and service systems. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Proposed GPA 2011-01 AND SPA 2011-04 will result in no substantial changes to the environmental impacts previously evaluated by the FEIS/EIR, Addendum, and Supplement. There is no possibility that the activity in question may have a significant effect on the environment. Mitigation/Monitoring Required.• Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendum, and Supplement; applicable measures will be recommended as conditions of entitlement approvals for development of the site. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3-46, 4-32 through 4-55 and 7-20 through 7-21) and Addendum (pages 5-147 through 5-165) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin General Plan Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 29 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? The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Specific Plan, including mandatory findings of significance associated with the implementation of the Project. There would be no change to development intensity, building height restrictions, setbacks, signage, and other development standards. The Project would not cause unmitigated environmental effects that were not already examined in the FEIS/EIR; there are no new mitigation measures required; and there are no new significant adverse project-specific or cumulative impacts in any environmental areas that were identified, nor would any project-specific or cumulative impacts in any environmental areas be made worse as a result of the Project. All feasible mitigation measures identified in the FEIS/EIR will be incorporated into subsequent actions that the SOCCCD and County commit to fully implement. Therefore, the Project does not create any impacts that have not previously been addressed by the FEIS/EIR. Further, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent EIR to evaluate Project impacts or mitigation measures exist with regard to environmental impacts. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Evaluation of Environmental Impacts GPA 2011-01 AND SPA 2011-04 Page 30 Mitigation/Monitoring Required.• The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Specific 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) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3-70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) and Addendum Tustin General Plan CONCLUSION The above analysis concludes that all of the proposed project's effects were previously examined in the FEIS/EIR and Addendum, 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. EXHIBIT B OF RESOLUTION NO. 4190 Draft Ordinance No. 1413 ORDINANCE NO. 1413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2011-04, INCREASING THE ALLOWABLE NUMBER OF RENTAL UNITS, ALLOWING TRANSFER OF RESIDENTIAL UNITS AND NON-RESIDENTIAL SQUARE FOOTAGES BETWEEN PLANNING AREAS, ELIMINATING A 9-ACRE SPORTS PARK FROM NEIGHBORHOOD E, REQUIRING THE EXECUTION OF DEVELOPMENT AGREEMENT PRIOR TO OR CONCURRENT WITH CITY APPROVAL OF ANY DEVELOPMENT PROJECT, AND IMPLEMENTING MINOR TEXT AMENDMENTS TO THE MCAS TUSTIN SPECIFIC PLAN. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That the City of Tustin is proposing a minor amendment to the MCAS Tustin Specific Plan. The proposal involves minor amendments and will not "substantially alter" the current adopted MCAS Tustin Specific Plan. The proposed amendment is intended to: 1) increase the allowable number of rental units; 2) allow transfer of residential units and non- residential square footages between planning areas; 3) eliminate a 9- acre sports park from neighborhood E; 4), require the execution of a Development Agreement prior to or concurrent with City approval of any development project; and, 5) make other minor text amendments of the MCAS Tustin Specific Plan. The proposed Amendment would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. B. That on April 25, 2011, the Tustin City Council approved the "Tustin Legacy Disposition Strategy for the Former Master Developer Footprint." The Disposition Strategy recommends refinements and/or modifications to the MCAS Tustin Specific Plan to support development activities anticipated over the next economic cycle. SPA 2011-04 is in response to the recommendation contained in the Disposition Strategy adopted by the City Council. C. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Section 65864, et seq. of the Government Code. The Development Agreement Statute authorizes cities to enter into an agreement with any person having a legal or equitable interest in real property and to provide for development of such property and to establish certain development rights therein. Ordinance No. 1413 Page 2 Pursuant to the authorization set forth in the Development Agreement Statute, the City of Tustin is authorized and has enacted procedures for entering into development agreements that are contained in Tustin City Code Section 9600 to 9619. Requiring a development agreement for development of undeveloped property within the Specific Plan area will ensure the orderly implementation of infrastructure and additional development in accordance with the General Plan, MCAS Tustin Specific Plan, and Final Program EIR/EIS for the Reuse and Disposal of the Former MCAS Tustin and Addendum (the "Final EIS/EIR"). D. All proposed private development projects on undeveloped property at Tustin Legacy are required under the MCAS Tustin Specific Plan and Final EIS/EIR to install backbone and local infrastructure or make a fair share contribution to the development of backbone infrastructure (the "Tustin Legacy Backbone Infrastructure Program"), and make public dedications as determined necessary to support proposed land uses within the project and the specific developments; prior to construction of improvements by private owners, the City has entered into agreements with each private owner within the Specific Plan area regarding funding for the infrastructure improvements. E. The City must be able to ensure that a proposed private development project is supported by backbone and local infrastructure, meets the requirements of the Final EIS/EIR, and that it implements Specific Plan requirements. Without the protections provided by requiring Development Agreements to establish the timing, sequencing, financing and development of infrastructure, including the Tustin Legacy Backbone Infrastructure Program, the City could not assure that the infrastructure will be developed in an appropriate and timely manner to serve Tustin Legacy resulting in a waste or excess expenditure of public resources, escalation in the cost of local infrastructure and Tustin Legacy Backbone Infrastructure Program improvements, and a failure to complete comprehensive traffic, drainage, and other Tustin Legacy Backbone Infrastructure Program improvements required by the Specific Plan, the Final EIS/EIR, and Tustin City Codes F. The processing and approval of Development Agreements is intended to augment and further the purposes and intent of the General Plan, Specific Plan and Final EIS/EIR. The processing and approval of Development Agreements will eliminate uncertainty in planning for and securing the orderly development of Tustin Legacy, ensure a desirable and functional community environment, provide for effective and efficient development of public facilities, infrastructure, and services appropriate and necessary for the development of Tustin Legacy, assure attainment of the maximum effective utilization of resources within the City, and provide other significant and required public benefits to the City and its residents by otherwise achieving the goals and purposes of the Development Agreement Statute. Further, Development Agreements will establish a schedule of performance for Ordinance No. 1413 Page 3 future development including obligations and phasing triggering mechanisms that ensure that adequate local and Tustin Legacy Backbone Infrastructure Program improvements are in place to support anticipated development in accordance with the Phasing Plan identified in the MCAS Tustin Specific Plan and Final EIS/EIR and Addendum, and any Tustin City Code requirements. G. That on June 7, 2011, the City Council adopted an Urgency Ordinance No. 1401, requiring the execution of a Development Agreement prior to or concurrent with City approval of any development project. On July 5, 2011, the City Council adopted Ordinance No. 1402, extending the requirement for the execution of a Development Agreement prior to or concurrent with City approval of any development project for a period of ten (10) months and fifteen (15) days. H. That a public hearing was duly called, noticed, and held on said application on February 14, 2012, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution 4190 recommending that the Tustin City Council approve SPA 2011-04 by adopting Ordinance No. 1413. That on March 6, 2012, a public hearing was duly noticed, called, and held before the City Council concerning SPA 2011-04 (Ordinance No. 1413). J. That on January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. The FEIS/EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendum and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. K. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project. The Environmental Analysis Checklist concludes that all of the proposed project's effects were previously examined in the FEIS/EIR, Addendum and Supplement, 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 Ordinance No. 1413 Page 4 applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. L. SPA 2011-04 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area. 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city-wide urban design. 4. Promote economic expansion and diversification. 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. SECTION 2. Tables 3-1, 3-2, and 3-3 of the MCAS Tustin Specific Plan are hereby deleted and replaced in their entirety with a new Table 3-1, 3-2, and 3-3 in the form attached as Exhibit A. SECTION 3. Section 3.2.2 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 3.2.2 Maximum Dwelling Units The maximum number of dwelling units in each Planning Area may not exceed the numbers as specified on the Land Use Statistical Analysis (Table 3~1). The calculation of residential density, as stated in dwelling units per acre, shall be based on gross acres for each project unless otherwise noted in specific planning area development standards. Gross acres is defined as total acres less arterial roadways. SECTION 4. Section 3.2.3 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 3.2.3 Transfer of Dwelling Unit Allocations If a Planning Area is developed with less than the maximum number of units allowed, then the "unused" residential development potential may be transferred to another Planning Area '"'hi,.h ci ~r~r,nrto rocJiQOntiol , icocs_~n~~~n~~c~ ~hATi t~nc~fr~rc nT.T-vfzmit-.~~-r°~c~ i~airT Tno m vimi im ni imhcr of i-I~~iollinn ~ ~ni~c in •+ Dl~nr~inn Aroma ovncorlinn ~ ~ v i /Tohlo ~ _~ ~ ~ ~n~occ provided that such transfer does not increase the total units allowable in the overall Specific Plan, except for any density bonuses granted pursuant to the City Incentives for the Development of Affordable Housing Ordinance (Density Bonus Ordinance), and subject to Ordinance No. 1413 Page 5 fnlln~niinn }°rio or° m°} c~ phi°n} }n ~ ~niri}}°n finrlinn review and the--ron~„~c~i «,-rte, -~, v-~,~v , approval by the Director of Community Development: 1 ~i ~nh }ron c droll nn} in ,~,.~ }(~~ ~}olu,-'c'rii-i~ oll-cai,v "'vvuml° i~TthG Jt~F.ranurr-rro-c-n-r~~~ttiC~tt7i n~i°roll Cn°nifin Dlon• e 7 Trnncf chnll h° ,,+ } ~eii}h }h° ~ is°c onrl rl°~i°Innm°n} e~s~riurrp~~te~r-~rn~r~crtc~cr.~cv~arra-ate v ~vpn~c rTc c}nnrJ~rrlo of }h° r°n°i~iinn Dlonninn L4r°o• e n~(~nrri~'-Ircer"}inurrvrrn~lttl.~or~i~ ~oaTa~t°r of rl°~i°Innm°n} i~~rn~}hc nolnlnn nr Incinir Dlonninn t1r°o SECTION 5. Section 3.2.5 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 3.2.5 ~es~ien-Oeleted}Transfer between Residential and Non- Residential Residential dwelling units and Non-residential ADTs may be transferred between Planning Areas provided that such transfer does not increase the total units allowable in overall Specific Plan, except for any density bonus granted pursuant to the City Incentives for the Development of Affordable Housing (Density Bonus) Ordinance, and that authorization of the landowner(s) of the developed or undeveloped parcels within the contributing neighborhood agreeing to the transfer. This approval shall be in the form of an agreement to run with the land and subject to review and approval of the City Attorney prior to approval of the transfer. All transfers of available ADTs shall be documented in the Trip Budget Tracking System. SECTION 6. Section 3.4.2A of the MCAS Tustin Specific Plan is hereby amended to read as follows: A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. Community care facilities for six or fewer persons P . Condominiums and cooperatives P . Family care home, foster home or group home, for P six or fewer persons Large family day care for °°°~up to fourteen P twelve children on single family detached lots in accordance with the Tustin City Code . Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.2.OH Residential care facility for elderly, for six or fewer P Ordinance No. 1413 Page 6 persons Single-family attached dwelling units and duplexes P Single-family detached dwelling units P . Single-family detached carriage way units P Small family day care for less than seven children P on single family detached lots SECTION 7. Section 3.4.2.H.4 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 4. Tenure -Reuse/development in Planning Area 4 shall be preferably ownership tenure, Development of apartments is a discretionary action requiring approval of a conditional use permit. Ce+~s+der-Mien-e~-a ns~rirli+ir~rinl ~ ~ Jp;__gores-~~m~~rh-r~l~l~~~nrl~urcr~~cho ~i4~~-.~~, ~~~(~(~r~~i°~fvi `. e ' SECTION 8. Section 3.4.3A of the MCAS Tustin Specific Plan is hereby amended to read as follows: A. Permitted and Conditionally Permitted Uses The following uses shall be permitted by right where the symbol "P" occurs or by conditional use permit where the symbol "C" occurs. . Churches and other religious institutions C Community care facilities for six or fewer persons P . Condominiums and cooperatives P Convalescent hospital C . Family care home, foster home or group home, for P six or fewer persons Large family day care for seven to twelve children P on single family detached lots in accordance with the Tustin City Code Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.4.3.11 Patio homes P Private school C Public or private preschools C Fire Station P Public/private utility building facility C Residential care facility for elderly, for six or fewer P persons Single-family attached dwelling units and duplexes P Single-family detached dwelling units P . Single-family detached Carriage Way units P Small-family day care for less than seven children P Ordinance No. 1413 Page 7 on single-family detached lots SECTION 9. Section 3.4.3.1.3 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 3. Tenure - Development in Planning Area 5 of apartments is a discretionary action requiring approval of a conditional use permit. ~ nnncirl°rinn ~ rnnrli+innnl~T° n°rmi+ nn m n~°n+ of +h° +n+~I n~ ~mhor of ~ ~ni+r n°rmi++orl ~nii+hin +h° T~ actin nnr-+inn of +h° ~°r`ifi~on r-~~rrrucr-vr-arrrc.~~~rnrcca. ~ cror~~r-mom c arr SECTION 10. Section 3.6.2.A.5 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 5. Residential uses: Family care home, foster home or group home, for P six or fewer persons . Condominiums and cooperatives P • Multiple family dwellings (apartments) in accordance P with tenure provisions in Section 3.6.2.1 • Single family attached dwelling units and duplexes P SECTION 11. Section 3.6.2.1.4 and 5 of the MCAS Tustin Specific Plan is amended as follows: 4. Affordability - In the event dwelling units are proposed, the following minimum affordable housing production objectives are intended to reflect the intention of the City to create a redevelopment project area (Community Redevelopment Law, section 33000) and as needed to meet Regional Housing Allocation needs as identified in the Housing Element of the General Plan through the provisions of housing for households at very low, low and moderate income levels. Specific housing requirements for redevelopment and Housing Element compliance on a residential housing project will be established at the time of development project approval to ensure conformity with the Housing Element of the General Plan and other applicable provisions of California Law and to achieve the following: a) The number of affordable housing units in Neighborhood D shall be 196, of which 53 must be at the very low income level, 52--53 at the low income level and ~1-9Q at the moderate income level. If future amendments to the plan occur at least 15% of additional units for initial occupancy by very low income to moderate income households for redevelopment, with 6% (or 40%) of units affordable to very low income households. b) Restricted affordable housing units shall be reasonably dispersed and located and may be accomplished in attached projects only. The affordable units shall be compatible with the design and use of market Ordinance No. 1413 Page 8 rate units in appearance, use of materials, and finished quality. Restricted units shall be affordable for at least the minimum period of time required by state law, or longer if required by a construction or mortgage financing assistance program. c) Prior to issuance of a certificate of use and occupancy, a developer shall enter into a legally binding agreement with the City of Tustin or its Redevelopment Agency, and agree to deed restrictions on targeted affordable housing units that are binding on property upon sale or transfer. Said agreements shall address the following: 1) Number of units by type, location, bedroom count 2) Standards for qualifying income and maximum rents or sales prices 3) Parties responsible for sales prices and incomes Th - ' ~+v of T~ ~o +h° r - ' ' i h+ +n n ^~+° +rnnof ' nr of r+ 1T Qe T Gr I TG~ 'TC~- I-Ii Jl 1G~T~Y~~T~. J, l.~ 1.-Iy -l. . -.. 7 n+ ~ T 7 ~Tr~C~fT r~V SG~~~r+Gfl"7-JT ~~°n ~TC° a 6 VpT/~~O}Tf-~G~(- r 4 ~ , ~ }~ ~ ~ pp ~~ ~ Gf1T CI _ w!-~'-'"' I""' _Tf ~ ~CrJ- - GQT~fOT' G+t2 -iA~i n~l-$~l &I I-~~ ° ~thG~v' t~ c i~° n r! o h o n I ~ ~+~~ FS ^ n r ~ A c u r ~ v v - r n cic ~"iill h° nnn,J~ in+°rl h~~+h° - ~ (`' , r++ r-1°"°I^r~~S~ - ~ n~ ar.»vrrr v~ovna uvc~... .. ~ cn~ n ~r~° ~u of +h° nff ci+~n v a~acv~". "P' ~n~~+ h ~ -~ffnrrl-chili+" n r+n nn c~ ~ ~ ~ c.c r ~ ~ 5. Tenure - n°„°Innm°n+ in AI°inhhnrhnnrJ rl of on~r+m°n+c is limi+°rl +n r. ccti~afi- rc~-caG1~-Fe ^Tta1~3F9J @Gt-tn h° h~ ~ i l+ c h i l l nn n e i o+ of n n n rc~t° rcr chun F:(10/ of ~+c ~+ Zv°r" Inge, innnm° n,-1 Inge, innnm° I°"°lo /~",i+h .~ va~-~~v-err-t~}2-~11~TCOZr~t~l, rcry--rvv~--rrTVVm~a movim~ ~m n /~0~( of +h° ~ in.~~+ +h° v°ni In~pi innnm° I°"°I nnrl 7(10/ .,+ +h° rrra~,cmTarrrv 4ti-i f~vrcrr~a'~~ car ! ." ~ ~-rrrc~on-r~rcv c-runcrcv-nTCrc-n~c In~~cnn~~°Il ~n~+c~+~h~a°ro+° innnm° I~°I~ 0 .. m•+rL~ "~~~ r~+,~~ Thirty (30) percent of the total number of units authorized within the City of Tustin portion of the Specific Plan are permitted for apartments. SECTION 12. Section 3.9.2.1.4.e) and 3.9.2.1.5 of the MCAS Tustin Specific Plan is hereby amended to read as follows: e) Th° (~i+„ of ,-„~+~ er~res the--r + #~+~-- Te $tia+° +~~ e~ ewe rl°v°Inn°r~c nhlino+inn n~ ~r~~ inn+ +n +h g g ic c°n+inn nff of+° oo .~+ n - r°,J i+ fnr b+~s h o 1 I h° aT - ~+ +h ° (~ i+a~!C- e a~ ~s nmF+ ~~GT° t T ~ n v ~ tltltFt anti ~r° nmm~orohl° ° a ,vi ii"~I°n+ „~1~ ~° t - c t c of on nff_ci+° nn+inn nr °v i- T r nh~nrr° .,,.~w,...,.,,.,N.,.,...w,.., .. .,~.,.,..,.,,.,,,~ .u,w., .,, ~,,, .,,, ..,.., .,N~,~„ .,, .,,. .,,,u,~y., ~ ~ e,i 1 I h ° n n n C cin ted-~ -th ~ ' i+ ~aca ° iv G n ems' S 8~++ + n r aT'~'TYJ ~~n 7Y~ +h T Q y rr tr c P - n .?~ tv nn nnC+ ~ 5 -T--° n ~ ~ r° fl °"°Innm+ i n D l o n n i n n A rn~ 'I v vi u 3&F1:f1~eIRtS ~ I m t a c . ~a--r - - j v ~ T c v~ t~~l of ~ D7 Gonh r°n+~I nrni°n+ +n h° h..il+ ~h.~ll nnncic+ of nn nr°~+~r +h.,.~, ~i+h ., ov~% of +h° ~.ni+~ ~t~h° -d °T ~A~", -i n v9l~}e 12~Fe1 log" a~~ w ir Gn m °~~ nc c y ~v r r -- - -- ~ - r v c 1F Ordinance No. 1413 Page 9 Tmovimiim of il(1~/ r.f +h~i}~~~L~~~q„",~jnnn~~~n11 '~/1~~~c ". ! ^' .. i °~rt~-i-r~c-orme~~e;-°~„d?~0°%--a~t~~ar~e#-rate~evel-Thirty (30) percent of the total number of units authorized within the City of Tustin portion of the Specific Plan is permitted for apartments. SECTION 13. Section 3.9.4.J.4 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 4. Tenure -Reuse/development of Planning Area 21 shall be encouraged to be ownership tenure. Development of apartments is a discretionary action requiring approval of a condit~i~o~n,~a~l use permit. Se+~s+der-~t~ee--e~-a ~~F~rmi,~,,,.,~ r~.~,vcriv-ri`Gll-i'c+i~i,.,~,~i~-ra~tT'~~~~~ r~no fr~r ~~nir~orohir~ t°n~i.-rrcr~c°.~ ur~i~~~na-rty-~~Ctit~ Ft~rY~°c-tttdi-~~~~c~~-t-~f ~tv^iui n~u°crvf ~ ~ni~o r~ormi+~orl mo~i ho ~r~r~rn~iorl fnr ~r~orFmor~~o SECTION 14. Section 4.2.9 through 4.2.10 of the MCAS Tustin Specific Plan is hereby amended to read as follows: 4.2.9 Development Agreement To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Section 65864, et seq. of the Government Code. The Development Agreement Statute authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property and to provide for development of such property and to establish certain development rights therein. Pursuant to the authorization set forth in the Development Agreement Statute, the City has enacted procedures for entering into development agreements which are contained in Tustin City Code Sections 9600 to 9619. The processing and approval of Development Agreements is intended to augment and further the purposes and intent of the General Plan, Specific Plan and Final EIS/EIR and will ensure the orderly implementation of infrastructure and additional development in accordance with the General Plan, MCAS Tustin Specific Plan, and Final Program EIR/EIS for the Reuse and Disposal of the Former MCAS Tustin and Addendum (the "Final EIS/EIR'). Further, Development Agreements will establish a schedule of performance for future development including obligations and phasing triggering mechanisms that ensure that adequate local and Tustin Legacy Backbone Infrastructure Program improvements are in place to support anticipated development in accordance with the Phasing Plan identified in the MCAS Tustin Specific Plan and Final EIS/EIR and Addendum, and any Tustin City Code requirements. Accordingly, prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private development shall first obtain a Ordinance No. 1413 Page 10 Development Agreement in accordance with Section 65864 et seq. of the Government Cade and Sections 9600 to 9619 of the Tustin City Code. 4.2.3'8 General Notes A. Where required, approval from the South Coast Air Quality Management District or successory agency(ies) shall be obtained for any devices or processes responding to mandated actions. The City of Tustin or Irvine, as applicable, will assist in this process to the extent possible. B. Whenever the regulations contained in this Specific Plan conflict with the regulations of the Tustin City Code or Irvine's Codes, as applicable, the provisions of this Specific Plan shall take precedence. The Tustin City Code or Irvine Codes, as applicable, shall apply regarding any standard or regulation not covered by this plan. 4.2.°10-1 Severability If any section, subsection, subdivision, sentence, clause, phrase, exhibit, table or portion of this Specific Plan is found to be invalid or unconstitutional by a court having jurisdiction, such a decision shall not invalidate the remaining portions in whole or in part of the Specific Plan. SECTION 15. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this t" day of March, 2012. JOHN NIELSEN MAYOR ATTEST: PAMELA STOKER CITY CLERK Ordinance No. 1413 Page 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1413 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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 Ordinance No. 1413 was duly and regularly introduced and read at the regular meeting of the City Council held on the day of 2012, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _ day of 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk