HomeMy WebLinkAboutPC RES 4206RESOLUTION NO. 4206
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for DA 2012 -001, CP 2012 -002, DR 2012 -
004, Density Transfer, Density Bonus, and Concessions or Incentives
authorized under Tustin City Code Section 9123, and PM 2012 -136,
M
was filed by The Irvine Company, LLC, requesting authorization to
develop 533 multi - family residential apartment homes, including 37
moderate - income affordable units in compliance with California
Government Code Section 65915(1), at Disposition Package 2A,
Tustin Legacy, to be implemented by The Irvine Company or its
affiliate as may be approved by the City of Tustin.
B. That the site is zoned as Planning Area 13, Community Core,
Neighborhood D in the MCAS Tustin Specific Plan (SP -1); and
designated MCAS Tustin (MCAS) by the Tustin General Plan. In
addition, the project has been reviewed for consistency with the Air
Quality Sub - element of the City of Tustin General Plan and has been
determined to be consistent with the Air Quality Sub - element.
C. That MCAS Tustin Specific Plan Section 4.2.9 requires all private
development at MCAS Tustin to 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. In compliance with Tustin
City Code Section 9611, the Tustin Planning Commission must make a
recommendation on the proposed Development Agreement to the City
Council. After consideration of the proposed project, the Tustin Planning
Commission supports Tustin City Council approval of the proposed
Development Agreement with the following findings that the project:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
INI
CITY OF TUSTIN, RECOMMENDING THAT THE CITY
COUNCIL APPROVE DEVELOPMENT AGREEMENT (DA)
2012 -001, CONCEPT PLAN (CP) 2012 -002, DESIGN
REVIEW (DR) 2012 -004, DENSITY TRANSFER, DENSITY
BONUS, AND CONCESSIONS OR INCENTIVES
AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123
RELATED TO THE PROVISION OF AFFORDABLE
HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65915(1), AND PARCEL
MAP (PM) 2012 -136, FOR 533 RESIDENTIAL
APARTMENTS, INCLUDING 37 MODERATE - INCOME
AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A,
TUSTIN LEGACY (THE IRVINE COMPANY, LLC).
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for DA 2012 -001, CP 2012 -002, DR 2012 -
004, Density Transfer, Density Bonus, and Concessions or Incentives
authorized under Tustin City Code Section 9123, and PM 2012 -136,
M
was filed by The Irvine Company, LLC, requesting authorization to
develop 533 multi - family residential apartment homes, including 37
moderate - income affordable units in compliance with California
Government Code Section 65915(1), at Disposition Package 2A,
Tustin Legacy, to be implemented by The Irvine Company or its
affiliate as may be approved by the City of Tustin.
B. That the site is zoned as Planning Area 13, Community Core,
Neighborhood D in the MCAS Tustin Specific Plan (SP -1); and
designated MCAS Tustin (MCAS) by the Tustin General Plan. In
addition, the project has been reviewed for consistency with the Air
Quality Sub - element of the City of Tustin General Plan and has been
determined to be consistent with the Air Quality Sub - element.
C. That MCAS Tustin Specific Plan Section 4.2.9 requires all private
development at MCAS Tustin to 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. In compliance with Tustin
City Code Section 9611, the Tustin Planning Commission must make a
recommendation on the proposed Development Agreement to the City
Council. After consideration of the proposed project, the Tustin Planning
Commission supports Tustin City Council approval of the proposed
Development Agreement with the following findings that the project:
xesolution No. 4206
'age
1.
Is consistent with the objectives, policies, general land uses and
programs specified in the General Plan and the MCAS Tustin
1, ,.
Specific Plan (except for any Concessions and Incentives
authorized for the project by the Tustin City Council).
2.
Is compatible with the uses authorized in the district in which the
real property is located (Planning Area 13). Note: the proposed
apartment project complies with the uses authorized by the MCAS
Tustin Specific Plan.
1
Is in conformity with the public necessity, public convenience,
general welfare, and good land use practices. Note: the proposed
provision of 37 moderate- income affordable apartment units meets
this goal.
4.
Will not be detrimental to the health, safety, and general welfare.
Note: compliance with the MCAS Tustin Specific Plan, Tustin City
Code, and other regulations will ensure that the project will not be
detrimental in any way.
5.
Will not adversely affect the orderly development of property. Note:
the proposed project is orderly and well designed.
6.
Will have a positive fiscal impact on the City. Note: the provisions of
1
the proposed DDA, DA and conditions of approval will ensure that
the project will have a positive fiscal impact on the City.
D. That MCAS Tustin Specific Plan Section 4.2.2.A requires the submission
of a Concept Plan prior to or concurrent with the submission of a new
development proposal within Planning Area 13. The project has been
found to comply with the requirements of the MCAS Tustin Specific
Plan (except as authorized by any approved Concessions and
Incentives). After consideration of the proposed project, the Tustin
Planning Commission has determined that the proposed project
complies with the following MCAS Tustin Specific Plan Concept Plan
review criteria. Specifically, the proposed project depicts:
1. Continuity and adequacy of all circulation systems, such as roads,
access points, trails, pedestrian ways, and other infrastructure
systems needed to serve the project;
2. Continuity and design quality of architecture and renovations
proposed, as well as landscape and hardscape theme and
treatments;
3. Satisfactory response to the urban design features specified in
Chapter 2 and under each Planning Area in Chapter 3 (Note: the
proposed project is not changing master planned circulation, utility,
traffic and related assumptions provided in Chapter 2 of the MCAS
Resolution No. 4206
Page 3
Tustin Specific Plan. No specific design features are provided for
multi - family developments in Chapter 3);
4. Conformity with the Non- Residential Land Use/Trip Budget,
including authorized adjustments (Note: this criteria is not
applicable since the project is a multi - family residential use); and,
5. Compliance with other Specific Plan provisions (Note: project
compliance with MCAS Tustin development requirements is
documented within the October 9, 2012 staff report provided to the
Tustin Planning Commission, (except as authorized by any
approved Concessions and Incentives)).
E. That MCAS Tustin Specific Plan Section 4.2.4 requires the submission of
a Design Review application following or concurrently with submittal of a
concept plan, individual development and reuse projects within Planning
Area 13. After consideration of the proposed project, the Tustin Planning
Commission has determined that the proposed project's design satisfies
the following general architectural and site design principles in that:
visually reduce the height and scale of the building.
10. The buildings utilize varied building heights.
11. Building fagade articulation is implemented.
In addition, the proposed project's location, size, architectural features
and general appearance will not impair the orderly and harmonious
development of the area, the present or future development therein,
the occupancy thereof, or the community as a whole, based upon a
consideration of the following criteria:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
1.
The buildings define and relate to the street edge, with architecture
to face the streets.
2.
The buildings interface with adjacent residential uses.
3.
The architecture is technically sophisticated in detailing.
4.
There is a rich palette of natural materials and textures.
5.
The architecture proposes visually interesting fagade treatments
with distinctive architectural elements and design details.
6.
The project utilizes varied setbacks, projections, roof lines, windows
and reveals, and elements that minimize the impact of the building
mass.
7.
The buildings are designed with traditional forms, accented by
unique architectural shapes and details.
8.
The buildings reflect high quality design through the incorporation
of coordinated architecture utilizing elements, materials, and colors
that complement the relaxed, informal style.
9.
The buildings incorporate smaller -scale architectural details such
as porches, bays, recessed or projecting balconies, and dormers to
visually reduce the height and scale of the building.
10. The buildings utilize varied building heights.
11. Building fagade articulation is implemented.
In addition, the proposed project's location, size, architectural features
and general appearance will not impair the orderly and harmonious
development of the area, the present or future development therein,
the occupancy thereof, or the community as a whole, based upon a
consideration of the following criteria:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
Page f
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennas.
7. Landscaping, parking area design and traffic circulation.
8. Location, height and standards of exterior illumination.
9. Location and appearance of equipment located outside of an
enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures in
the neighborhood.
12.Appearance and design relationship of proposed structures to
existing structures and possible future structures in the
neighborhood and public thoroughfares.
13. Proposed signing (to be submitted for staff review following project
approval)
14. Development guidelines and criteria as may be adopted by the City
Council.
Also, the project applicant has proposed community gates for the
project. After consideration of the proposed project, the Tustin Planning
Commission has determined that the proposed use of gates at the
project is supportable since the project is of a higher density, is in
close proximity to the District at Tustin Legacy, is surrounded b
p Y Y
streets on all sides, and will not impact the parking demand, usage, or
the vehicular circulation on the site.
F. That MCAS Tustin Specific Plan Section 3.2.3 permits the transfer of
residential units (density transfer) between parcels subject to review and
approval. After consideration of the proposed project, the Tustin Planning
Commission has determined that the requested Density Transfer is an
innovative approach to providing a significant number of affordable units
at Tustin Legacy and supports City Council approval of the request with a
condition that St. Anton Partners and The Irvine Company enter into an
Affordable Housing /Regulatory Agreement with the City of Tustin to
ensure availability of the 225 and 37 moderate- income affordable
apartment units (respectively) for 55 years.
That Tustin City Code Section 9141(b) authorizes the submission of an
application for a Density Bonus and /or Concession or Incentive to be
processed concurrently with any other permit application(s) which require
entitlements. The City must support density bonus requests, but must
make findings for any concessions or incentives requested for projects
that provide affordable housing units in compliance with California
Government Code Section 65915(1), as authorized under Tustin City
Code Section 9123. Consequently, the Tustin Planning Commission
supports Tustin City Council approval of the requested Density Bonus,
Concessions and Incentives including:
Resolution No. 4206
Page 5
Development Authorization to:
Regulation 1. Increase the number of units served by a
private "loop" drive (MCAS Tustin Section
2.5.2.B.8.b) beyond the current limit of 87 units.
G. That a public hearing was duly called, noticed, and held for DA 2012-
001, CP 2012 -002, DR 2012 -004, Density Transfer, Density Bonus, and
Concessions or Incentives authorized under Tustin City Code Section
9123, and PM 2012 -136 on October 9, 2012 by the Planning
Commission.
H. 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 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.
An environmental checklist was prepared for the proposed project that
concluded no additional environmental impacts would occur from
approval of the project (Attachment 3 of Exhibit A). 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 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.
Further, Government Code Section 65457, subdivision (a), establishes a
statutory CEQA exemption for any residential development project,
including any subdivision, or zoning change that is undertaken to
implement and is consistent with a specific plan for which an EIR was
certified after January 1, 1980. the City has alternatively determined
that the proposed project is exempt from further CEQA review pursuant
to Government Code Section 65457.
II. The Planning Commission hereby recommends that the City Council
approve DA 2012 -001, CP 2012 -002, DR 2012 -004, Density Transfer,
Density Bonus, and Concessions or Incentives authorized under Tustin City
ffFOPRONG
-MM
Code Section 9123, and PM 2012-136 for 533 residential apartment units,
including 37 moderate-income affordable units, at Disposition Package 2A,
Tustin Legacy, with the findings noted above and subject to the conditions
contained within Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a
regular meeting on the 9th day of October, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
-`STEVL',XQZAK
Chairperson
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4206 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of
October, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary
• i i I.
DEVELOPMENT AGREEMENT (DA) 2012 -001, CONCEPT PLAN (CP) 2012 -002,
DESIGN REVIEW (DR) 2012 -004, DENSITY TRANSFER, DENSITY BONUS, AND
CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE
SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS
IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1), AND
PARCEL MAP (PM) 2012 -136, FOR 533 RESIDENTIAL APARTMENTS, INCLUDING
37 MODERATE- INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A,
TUSTIN LEGACY (THE IRVINE COMPANY, LLC)
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped October 9, 2012, on file with the
Community Development Department, as herein modified, or as
modified by the Director of Community Development in accordance with
this Exhibit. The Director of Community Development may also approve
subsequent minor modifications to plans during plan check if such
modifications are consistent with provisions of the Tustin City Code.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the
Community Development Department.
(1) 1.3 This approval shall become null and void unless the use is established
within twelve (12) months of the date of this Exhibit. Time extensions
may be granted if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of DA 2012 -001, CP 2012 -002, DR 2012 -004, Density
Transfer, Density Bonus, and Concessions or Incentives authorized
under Tustin City Code Section 9123, and PM 2012 -136 is contingent
upon the applicant and property owner signing and returning to the
Community Development Department a notarized "Agreement to
Conditions Imposed" form and the property owner signing and recording
with the County Clerk- Recorder a notarized "Notice of Discretionary Permit
Approval and Conditions of Approval' form. The forms shall be established
by the Director of Community Development, and evidence of recordation
shall be provided to the Community Development Department.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY
(4) DESIGN REVIEW * ** EXCEPTION
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PM 2012-136, and Density Bonus
Page 2
(1) 1.5 This condition shall serve as a pre-citation and to inform the responsible
person(s) of the compliance requirements pursuant to the Tustin City
Code (TCC) and/or other applicable codes, laws, and conditions.
Failure to comply with the conditions of approval set forth herein shall
result in the issuance of an administrative citation pursuant to TCC
1162(a).
(1) 1.6 Approval of DA 2012-001, CP 2012-002, DR 2012-004, Density
Transfer, Density Bonus, and Concessions or Incentives authorized
under Tustin City Code Section 9123, and PM 2012-136 including the
Housing Agreement and Regulatory Agreement, may be reviewed on an
annual basis, or more often if necessary, by the Community Development
Director. The Community Development Director shall review the use to
ascertain compliance with conditions of approval. If the use is not operated
in accordance with the approvals affecting the surrounding tenants or
neighborhood, the Community Development Director shall take any action,
or may initiate any proceedings permitted by law to enforce the conditions
of approval or Agreements and covenants associated with this approval.
(1) 1.7 As a condition of approval of DA 2012-001, CP 2012-002, DR 2012-004
Density Transfer, Density Bonus, and Concessions or Incentives
authorized under Tustin City Code Section 9123, and PM 2012-136, the
applicant shall agree, at its sole cost and expense, to defend, indemnify,
and hold harmless the City, its officers, employees, agents, and
consultants, from any claim, action, or proceeding brought by a third party
against the City, its officers, agents, and employees, which seeks to
attack, set aside, challenge, void, or annul an approval of the City Council,
the Planning Commission, or any other decision-making body, including
staff, concerning this project. The City agrees to promptly notify the
applicant of any such claim or action filed against the City and to fully
cooperate in the defense of any such action. The City may, at its sole cost
and expense, elect to participate in the defense of any such action under
this condition.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the
applicable notice, hearing, and appeal process as established by the City
Council by ordinance.
(1) 1.9 At the time of plan check submittal, the applicant shall clearly
demonstrate compliance with all applicable development standards of
the MCAS Tustin Specific Plan and the Tustin City Code on construction
drawings.
Exhibit A
Resolution No. 4206
DR 2012 -004, CP 2012 -002, DA 2012 -001, PM 2012 -136, and Density Bonus
Page 3
(1) 1.10 Unless otherwise specified, the conditions contained in this Exhibit shall
be complied with prior to the issuance of any building permits for the
project, subject to review and approval by the Community Development
Department.
USE RESTRICTIONS
(1) 2.1 The Irvine Company, LLC, has partnered with St. Anton Partners (a
respondent - developer approved by the City of Tustin to develop 225
apartments within Disposition Package 1A -North in Planning Area 13,
Neighborhood G of Tustin Legacy) in this effort. The St. Anton /Irvine
Company proposal requests the transfer of 120 of 157 affordable
housing units from Disposition Package 2A to Disposition Package 1A-
North with 120 market rate units to be transferred from Disposition
Package 1A -North to Disposition Package 2A. If the request to transfer
units is approved by the Tustin City Council, Disposition Package 1A-
North would ultimately result in the development of 225 affordable
residential apartment units (88 very low income, 73 low income, and 64
moderate income) and Disposition Package 2A would ultimately result
in the development of 533 residential apartment units, including 37
moderate- income units and 496 market rate units. Prior to the issuance
of a first building permit, the applicant (The Irvine Company) shall enter
into a Housing Agreement with the City in a form and substance
satisfactory to the City consistent with the requirements of the Specific
Plan, the City's Density Bonus Ordinance, the City approved Affordable
Housing Plan, Density Bonus Application, and the City's Affordable
Housing Policy and compliance with California Health and Safety Code.
The Agreement shall contain additional terms and conditions related to
the provision of the affordable units required of the project, including but
not limited to: 1) identification of the distribution of the affordable units;
2) provisions permitting rental of qualifying affordable households at
applicable affordable rents; 3) provisions for maintenance and continued
affordability; 4) affordable units will be rented and income restricted for
the project for a period of 55 years from the issuance of a certificate of
occupancy for the rental project; 5) other governmental requirements.
The Affordable Housing Agreement shall be recorded against the
development site and the applicant shall be required to covenant and
agree for itself, its successors, its assigns, and every successor in
interest that no fewer than the required number of residential units shall
be constructed and available for rental to and occupancy by very low,
low and moderate income households in the amount by income
category identified above. A Regulatory Agreement shall also be
executed ensuring that the affordable housing units are maintained as
approved on each site.
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PM 2012-136, and Density Bonus
Page 4
(1) 2.2 That The Irvine Company, LLC, execute and record Development
Agreement 2012-001 provided as approved by the City Attorney (draft
provided as Attachment 1 of this Exhibit), to ensure that the project related
to DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density
Bonus, and Concessions or Incentives authorized under Tustin City
Code Section 9123, and PM 2012-136 is implemented as proposed.
(1) 2.3 That The Irvine Company, LLC, execute and record the Housing and
Regulatory Agreement provided as approved by the City Attorney (draft
provided as Attachment 2 of this Exhibit), to ensure that the affordable
housing units are available as approved on each site.
(2) 2.4 The project shall comply with all applicable mitigation and
implementation measures of the Final EIS/EIR, as amended by the
Supplement and Addendum.
(1) 2.5 That The Irvine Company, LLC, execute and record the Disposition and
Development Agreement (DDA) with the City of Tustin. Any failure to
execute the DDA may result in the City pursuing revocation of DA 2012-
001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and
Concessions or Incentives authorized under Tustin City Code Section
9123, and PM 2012-136.
(1) 3.1 Project construction plans shall comply with the Tustin Noise Ordinance
to address any potential interior and/or exterior noise. Noise attenuation
measures as recommended by a Noise Report shall be included in the
project's construction drawings at plan check.
(1) 3.2 At the time of plan check submittal, provide hardscape/landscape plans
to include the quantity, species, and size of all trees and planting
materials for consistency with Specific Plan and City's Landscape and
Irrigation Standards. The landscape plan must comply with the City's
new water efficiency ordinance (Ordinance No. 1376).
(1) 3.3 Prior to issuance of building permits, provide 15"x 22" set of plans
consistent with plans approved on October 9, 2012.
1. Technical Site Plan Product
2. Parking Plan Product
3. Conceptual Grading/Utility Plan. Include cross-sections and
direction of drainage flow with slope in percentage
Exhibit A
Resolution No. 4206
DR 2012 -004, CP 2012 -002, DA 2012 -001, PM 2012 -136, and Density Bonus
Page 5
4. Architectural drawings (street scene, floor plan, elevations,
enhanced elevations)
5. Specific information regarding the quantity of private open space
being provided.
(1) 3.4 At the time of plan check submittal, the applicant shall submit all exterior
materials, colors, and other architectural treatments including details for
mailboxes. Indicate color and exterior treatment for review and approval
by the Community Development Director and subject to field inspection
verification.
(1) 3.5 Prior to the issuance of the first building permit, the applicant shall
provide the City with details and plans for all signage proposed for the
project.
(1) 3.6 Prior to the issuance of the first building permit, a Parking Management
Plan shall be submitted for approval by the Chief of Police and Director
of Community Development. The Parking Management Plan shall
identify parking management techniques that will be implemented to
minimize the potential for off -site parking issues that would result in an
�xU
increase in police or code enforcement service calls.
(1) 3.7 The applicant or responsible party shall screen or enclose all potentially
visible fire sprinkler standpipes and backflow assemblies, devices and
valves to the satisfaction of the Community Development Department.
(1) 3.8 The Developer shall not oppose or contest any future creation or
establishment by the City of Tustin of a landscape and lighting district,
master maintenance association, assessment district, or any other
method or means consistent with the DDA, when determined by the City
necessary for funding of the maintenance of the public right -of -way,
landscape easements, public parks or of the various municipal services
and operating expenses associated with Tustin Legacy.
(1) 3.9 The final parcel map shall be submitted following approval of the
tentative parcel map. The final parcel map shall be recorded in
accordance with submitted maps dated October 9, 2012, and all
applicable requirements of the MCAS Tustin Specific Plan, Tustin City
Code, and applicable policies and guidelines. All conditions of approval
herein, as applicable, shall be satisfied prior to recordation of a final
map or as specified herein.
(1) 3.10 The subdivider shall comply with all applicable requirements of the State
Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS
Tustin Specific Plan, the Tustin City Code, applicable City of Tustin
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PIVI 2012-136, and Density Bonus
Page 6
guidelines and standards and applicable mitigation measures identified
in the certified FEIS/EIR, and other agreements with the City of Tustin
unless otherwise modified by this Resolution.
(1) 3.11 Prior to final parcel map approval, the subdivider shall submit:
1. A current title report; and,
2. A duplicate mylar of the Final Parcel Map, or 81/2 inch by 11 inch
transparency of each map sheet and "as built" grading,
landscape, and improvement plans prior to Certificate of
Acceptance
• Ir 1!1�11 11 �3
(1) 4.1 Plans submitted for building permits must show compliance with the
State of California Title 24 accessibility regulations. Site, buildings and
swimming pool decks must comply with the appropriate accessibility to
persons with disabilities. Dwelling units shall be served by an
accessible route and shall be adaptable as required. FERN
(1) 4.2 At the time of building permit application, the plans shall comply with the
FIN L
latest edition of the codes (2010 building codes, 2011 Green Building
Code), City Ordinances, State, Federal laws, and regulations as
adopted by the City Council of the City of Tustin.
CITY MANAGERS OFFICE
(1) 5.1 At the time of plan check submittal, the applicant shall submit all plans,
exterior materials, colors, and other architectural treatments for review
for conformance to the DDA.
PUBLIC WORKS DEPARTMENT - ENGINEERING
6.1 The following plants shall be removed from the proposed pallet: Pinus
canariensis and Liquidambar styraciflue from Tustin Ranch Road and
Arbutus Marina and Washingtonia robusta from Park Avenue and
Legacy Road.
Exhibit A
Resolution No. 4206
DR 2012 -004, CP 2012 -002, DA 2012 -001, PM 2012 -136, and Density Bonus
Page 7
PUBLIC WORKS DEPARTMENT - GRADING
(1) 6.2 This development shall comply with all applicable provisions of the
City of Tustin Water Quality Ordinance and all Federal, State, and
Regional Water Quality Control Board rules and regulations.
(1) 6.3 Preparation of a sedimentation and erosion control plan for all work
related to this development shall be required.
(1) 6.4 Prior to issuance of a Grading Permit, a final grading plan, prepared by
a California Registered Civil Engineer, shall be submitted and approved.
The plan shall be consistent with the approved site and landscaping
plans.
(1) 6.5 Prior to issuance of a Grading Permit, a grading bond (on a form
acceptable to the City) will be required. The engineer's estimate, which
covers the cost of all work shown on the grading plan, including grading,
drainage, water, sewer and erosion control, shall be submitted to the
City for approval.
(1) 6.6 Prior to issuance of any permits, the applicant shall submit a Water
Quality Management Plan (WQMP) for approval by the Community
Development and Public Works Departments.
(1) 6.7 The WQMP shall identify Low Impact Development (LID) principles and
Best Management Practices (BMPs) that will be used on -site to retain
storm water and treat predictable pollutant run -off, if the WQMP is
determined to be a Priority WQMP. Structural BMPs identified in the
WQMP shall be shown on the grading plan.
(1) 6.8 The Priority WQMP shall identify the following:
a. Implementation of BMPs.
b. Assignment of long -term maintenance responsibilities (specifying
the developer, parcel owner, maintenance association, lessees,
etc.).
c. Reference to the location(s) of structural BMPs.
(1) 6.9 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 6.10 Prior to issuance of any permits, the applicant shall record a "Covenant
��µ
and Agreement Regarding O & M Plan to Fund and Maintain Water
El Quality BMPs, Consent to Inspect and Indemnification ", with the County
Clerk- Recorder. This document shall bind current and future owner(s) of
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PM 2012-136, and Density Bonus
Page 8
the property regarding implementation and maintenance of the
structural and non-structural BMPs as was specified in the approved
WQMP.
6.11 Prior to issuance of a Grading Permit, the applicant shall submit a copy
of the Notice of Intent (NOI) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES)
State General Permit for Storm Water Discharges Associated with
Construction Activity from the State Water Resources Quality Control
Board.
PUBLIC WORKS DEPARTMENT — PUBLIC IMPROVEMENTS
(1) 6.12 A complete hydrology study and hydraulic calculations shall be
submitted to the City for review and approval.
(1) 6.13 Construction of catch basins, storm drain laterals and junction structures
shall be required to eliminate the need for cross gutters on public
streets.
(1) 6.14 Prior to issuance of first Certificate of Occupancy for the project, the
subdivider shall construct the full width improvements of all roadways
listed as required roadways to be constructed as shown on Tentative
Parcel Map 2012-136, whether Tustin Legacy Backbone Infrastructure
or Local Infrastructure improvements shall include all master planned
systems including the streets, sidewalks, bikeways (Class I and Class
11), landscaped medians, street lighting, traffic signals, bus turn-outs,
landscaping and irrigation, domestic water lines, gas, storm drainage,
telephone, electricity, cable TV, sewage and reclaimed water, telemetry,
any necessary telecommunication systems as shown in the Specific
Plan, Irvine Ranch Water District (IRWD) Sub Area Master Plan for
Tustin Legacy as approved by the City, and responsible utility providers.
6.15 The applicant shall design and construct the full width improvements to
Legacy Road from Warner Avenue to Carnegie Road including utilities,
meandering sidewalks adjacent to the project site, landscape and
irrigation system adjacent to the project site, and street lights along both
sides of Legacy Road.
NON
0
6.16 The applicant shall construct all of the improvements to Park Avenue
from Legacy Road to Tustin Ranch Road as shown on the approved IN
Park Avenue and Carnegie Road improvement plans including
meandering sidewalks on both sides of the street, street lights, utilities,
raised median, landscape and irrigation system for the median, etc.
Exhibit A
Resolution No. 4206
DR 2012 -004, CP 2012 -002, DA 2012 -001, PM 2012 -136, and Density Bonus
Page 9
(1) 6.17 The applicant shall modify the traffic signal at Park Avenue and Tustin
Ranch Road intersection. Intersection enhancements shall include the
creation or extension of left turn lanes, additions or modifications of
signal apparatus including loops and interconnects, signing and striping
modifications as necessary, and restoration of landscape medians
impacted by left -turn enhancements or median modifications, all of
which shall be carried out in accordance with City standards.
(1) 6.18 The applicant shall design and construct the Park Avenue median
landscape & irrigation system and the parkway landscape & irrigation
system along both sides of Park Avenue from Legacy Road to Tustin
Ranch Road.
(1) 6.19 The applicant shall design and construct the meandering sidewalks,
landscape, and irrigation system on the west side of Tustin Ranch Road
between Park Avenue and Warner Avenue South along the project
frontage.
(1) 6.20 The applicant shall construct traffic signal at Tustin Ranch Road and
Warner Avenue south intersection.
to section.
(1) 6.21 The applicant shall construct full width improvements to Warner Avenue
South from Tustin Ranch Road to Legacy Road as shown on the
approved Warner Avenue improvement plans including utilities,
meandering sidewalks adjacent to the project site and street lights on
both sides of the street, etc.
(1) 6.22 The applicant shall design and construct the traffic signal at Warner
Avenue South and Legacy Road intersection.
(1) 6.23 The applicant shall design and construct the Warner Avenue median
landscape & irrigation system and parkway landscape & irrigation
system on Warner Avenue between Legacy Road and Tustin Ranch
Road along the project frontage.
(1) 6.24 The applicant shall design and construct the landscape and irrigation
system within Lot "N" and Lot "M" of Tract Map 17404.
(1) 6.25 Separate 24 "x36" street improvement plan, as prepared by a California
Registered Civil Engineer, shall be required for all construction within
the public right -of -way along Park Avenue, Legacy Road, Warner
Avenue south, and Tustin Ranch Road, as applicable. Said plan shall
include, but not be limited to the following:
a. Curb and Gutter
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PM 2012-136, and Density Bonus
Page 10
b. Sidewalk, including curb ramps for the physically disabled
c. Underground utility connections
d. Signing/striping plan
e. Street lighting
f. Catch basin/storm drain laterals/connection to existing storm
drain system
g. Domestic water facilities
h. Reclaimed water facilities
i. Sanitary sewer facilities
j. Landscape/irrigation
In addition, a 24" x 36' reproducible construction area traffic control
plan, as prepared by a California Registered Traffic Engineer or Civil
Engineer experienced in this type of plan preparation may be required.
(1) 6.26 The proposed landscaping material along Tustin Ranch Road, Warner
Avenue south, Legacy Road and Park Avenue shall be consistent with
the Tustin Legacy Backbone Street Plant Palette, or as approved by the
Community Development Director and/or the City Engineer.
(1) 6.27 The applicant shall provide a Geotechnical Report, Pavement Analysis,
1111-111-111-1-
and Design Report for all required Tustin Legacy Backbone F
Infrastructure, Local Infrastructure and Private Infrastructure
improvements required in the Vesting Tentative Parcel Map.
(1) 6.28 Preparation of plans for and construction of:
a. All sanitary sewer facilities shall be submitted as required by the
City Engineer and local sewering agency. These facilities shall
include a gravity flow system per the standards of the Irvine
Ranch Water District.
b. A domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. Improvement plans
shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes.
The adequacy and reliability of water system design and the
distribution of fire hydrants will be evaluated. The water
distribution system and appurtenances shall also conform to the
applicable laws and adopted regulations enforced by the Orange
County Health Department. Any required reclaimed water system
shall meet the standards as required by the Irvine Ranch Water
District.
Exhibit A
Resolution No. 4206
DR 2012 -004, CP 2012 -002, DA 2012 -001, PM 2012 -136, and Density Bonus
Page 11
(1) 6.29 Existing sewer, domestic water, reclaimed water and storm drain
service laterals shall be utilized whenever possible.
(1) 6.30 Any damage done to existing public street improvements and /or utilities
shall be repaired to the satisfaction of the City Engineer before issuance
of a Certificate of Occupancy for the development.
(1) 6.31 All utility lines shall be placed underground by the developer.
{1) 6.32 Current Federal Americans with Disabilities Act (ADA) requirements
shall be met at all driveways and sidewalks adjacent to the site. City of
Tustin standards shall apply, unless otherwise approved by the City
Engineer.
(1) 6.33 A street lighting system shall be prepared for review and approval by
the City of Tustin and Southern California Edison.
(1) 6.34 Class II Bike Lanes shall be designed and constructed in accordance
with the MCAS Tustin Specific Plan requirements and approved street
improvement plan.
(1) 6.35 The minimum pipe diameter for all public storm drains shall be 24 -inch.
(1) 6.36 The applicant shall be responsible for abandoning and removing all
existing utilities within the current and proposed roadway sections.
(1) 6.37 The applicant shall be responsible for connection of the project to new
backbone utility systems. The applicant shall provide applicable
easements for any new utilities on private property.
(1) 6.38 As part of the final design process and to comply with the Final EIR /EIS
requirements for the Disposal and Reuse of MCAS Tustin, the applicant
shall submit detailed 100 -year storm event hydrology calculations for
the existing pre - project condition and for the project condition.
As part of the study, the project's contribution to the overall increase in
stormwater runoff from the redevelopment of MCAS Tustin shall be
estimated and the potential design and construction costs to mitigate
the increase storm water discharge contribution from the project shall be
determined.
(1) 6.39 The applicant shall enter into a landscape maintenance agreement with
w
the City of Tustin for maintenance of parkway improvements within
public rights -of -way adjacent to the project along Warner Avenue,
Legacy Road, Park Avenue, Tustin Ranch Road, and within Lot "M" and
Exhibit A
Resolution No. 4206
DR 2012 -004, CP 2012 -002, DA 2012 -001, PM 2012 -136, and Density Bonus
Page 12
v1
Lot "N" of Tract Map 17404.
PUBLIC WORKS DEPARTMENT — GRANTS IN FEE AND DEDICATIONS
(1) 6.40 The applicant shall submit legal descriptions and sketches of the areas
below, prepared by a California Licensed Civil Engineer or California
Licensed Land Surveyor, current Title Report, applicable back up
documents, and plan check deposit to the Public Works Department for
review and approval.
1. Easements for emergency vehicle access and public services
ingress and egress purposes over the private streets and
driveways shall be provided, at no cost to the City.
2. The applicant shall dedicate public access and maintenance
easements to the City of Tustin for sidewalk along Warner
Avenue south, Legacy Road, Park Avenue, and Tustin Ranch
Road, at no cost to the City.
h
NINE
PUBLIC WORKS DEPARTMENT — COORDINATION WITH AFFECTED PROPERTY
OWNER(S) AND AGENCY(S)
(1) 6.41 The applicant shall obtain permission from and coordinate with affected
property owners, jurisdictions, and resource agencies for all public and
private improvements, including, but not limited to, the following:
a. Prior to any work in the public right -of -way, an Encroachment
Permit shall be obtained and applicable fees paid to the Public
Works Department.
b. The applicant shall coordinate the design and construction of the
bus stop locations with the Orange County Transportation
Authority (OCTA).
c. The applicant shall obtain written approval and/or permits from
the applicable utility companies, including but not limited to
Southern California Edison, The Gas Company, Irvine Ranch
Water District (IRWD), AT &T, Cox Communications, Time
Warner, etc.
d. The applicant shall coordinate the design and construction of all
utilities with the utility providers and the City. The applicant shall
also include the design and construction of dry utility conduits
and pull boxes for future City use in the arterial streets backbone
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PM 2012-136, and Density Bonus
ME Page 13
system throughout the project subject to review and approval of
City Engineer.
PUBLIC WORKS DEPARTMENT — MISCELLANEOUS
(1) 6.42 Payment of Major Thoroughfare and Bridge Fees to the Tustin Public
Works Department are required at the time a building permit is issued.
The fee rate schedule automatically increases on July 1st of each year.
(1) 6.43 CADD Requirements
a. In addition to the normal full-size map and plan submittal, all final
maps and plans including, but not limited to, tract maps, parcel
maps, right-of-way maps, records of survey, public works
improvements, private infrastructure improvements, final grading
plans, and site plans shall be submitted to the Public Works
Department in computer aided design and drafting (CADD)
format to the satisfaction of the City Engineer.
b. The standard file format is AutoCAD Release 2009, or latest
version, having the extension" DWG". All layering and linotype
conventions are AutoCAD-based (latest version available upon
request from the Public Works Department).
c. The CADD files shall be submitted to the City at the time plans
are approved, and updated CADD files reflecting "as built"
conditions shall be submitted once all construction has been
completed.
No project bonds will be released until acceptable "as built"
CADD files have been submitted to the City.
(1) 6.44 Subdivider shall execute a subdivision and monumentation agreement
and furnish the improvement and monumentation bonds as required by
the City Engineer prior to recordation of the final map.
(1) 6.45 Prior to submittal of an application for building permits, the applicant
shall obtain new addresses for all buildings from the Engineering
Division.
(1) 6.46 The applicant, property owner(s) and/or tenant(s) are required to
participate in the City's recycling program.
6.47 The applicant shall coordinate the proposed trash disposal locations
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PIVI 2012-136, and Density Bonus
Page 14
and services with the City's contract services provider, CR&R.
(1) 6.48 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
a. The applicant/contractor is required to submit a WRRP to the
Public Works Department. The WRRP must indicate how the
applicant will comply with the City's requirement (City Code
Section 4351, et al) to recycle at least 50% of the project waste
material.
b. The applicant will be required to submit a $50.00 application fee
and a cash security deposit. Based on the review of the
submitted Waste Management Plan, the cash security deposit
will be determined by the Public Works Department in an amount
not to exceed 5% of the project's valuation.
c. Prior to issuance of any permit, the applicant shall submit the
required security deposit in the form of cash, cashier's check,
personal check, or money order made payable to the "City of
Tustin".
TUSTIN POLICE DEPARTMENT
(1) 7.1 Project gates will be designed and operated in conjunction with the
plans and gate design study (provided as Exhibit 2 of Attachment 3 to
this Exhibit), as may be amended from time to time with the approval of
the Community Development Director. All pedestrian and vehicle gates
shall be accessible to emergency and law enforcement personnel.
Please identify and label the location of all pedestrian gates on the
construction drawings prior to the issuance of building permit including
but not limited to:
(a) Knox key switches, submaster keyed to the Police Department,
must be installed on all vehicle and common area
doors/pedestrian gates controlled by an electronic access control
system. For vehicle gates, the keyswitch must be installed in the
driver's side visitor call box or at a height of 42" and at least 15'
from the gate on the driver's side.
(b) Knox Boxes, submaster keyed to the Police Department, must be
installed on the pool gate and any other common area gate
requiring a mechanical key.
(c) Click2Enter radio access control system must be installed on the
vehicle gates. The units must be programmed to the Tustin
Police Department secondary frequency and the Orange County
Fire Authority frequency established for Click2Enter.
(d) Prior to the issuance of building permits, the applicant must
submit to the police department, an Emergency Access Plan
M
FINE'S
Exhibit A
Resolution No. 4206
DR 2012 -004, CP 2012 -002, DA 2012 -001, PM 2012 -136, and Density Bonus
Page 15
noting the location and type of emergency access device to be
installed.
(e) Wayfinding - Prior to the issuance of building permits, the
applicant must submit to the Police Department, a wayfinding
plan for both vehicles and pedestrians.
ORANGE COUNTY FIRE AUTHORITY
(1) 8.1 Prior to issuance of a building permit, the applicant or responsible party
shall submit the fire master plan (service code PR145).
(1) 8.2 Prior to issuance of a building permit, the applicant or responsible party
shall submit the architectural (service codes PR200- PR285), when
required by the OCFA "Plan Submittal Criteria Form ".
(1 j 8.3 Prior to issuance of a building permit, the applicant or responsible party
shall submit the underground piping for private hydrants and fire
sprinkler systems (service code PR470- PR475).
(1) 8.4 Prior to issuance of building permit, the applicant or responsible party
shall submit a gate plan (service code PR180).
(1) 8.5 Prior to the issuance of building permit, the applicant or responsible
party shall submit an underground piping for private hydrants and fire
sprinkler systems (service Code PR470 -475).
(1) 8.6 Prior to concealing interior construction, the applicant or responsible
party shall submit:
• The sprinkler monitoring system (service code PR500).
• The fire alarm system (service code PR500- PR520)
FEES
(1) 9.1 Prior to issuance of building permits, payment shall be made of all
applicable fees, including but not limited to, the following (Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.):
a. Building and Planning plan check and permit fees to the
Community Development Department and Engineering plan
check and permit fees to the Public Works Department, based on
the most current schedule;
Exhibit A
Resolution No. 4206
DR 2012-004, CP 2012-002, DA 2012-001, PM 2012-136, and Density Bonus
Page 16
b. Orange County Fire Authority (OCFA) fees collected by the
Community Development Department, based on the most current
schedule;
C. Major Thoroughfare and Bridge Fees to the City of Tustin
collected by the Public Works Department;
d. Water and sewer connection fees to the Irvine Ranch Water
District;
e. School facilities fee in the amount as required by Tustin Unified
School District;
f. Transportation System Improvement Program (TSIP) Benefit
Area B fees;
g. New construction tax fees;
h. Other applicable Tustin Legacy Backbone Infrastructure Program
fees as specified in Resolution No. 3946; and
i. Within forty-eight (48) hours of approval of the subject project,
the applicant shall deliver to the Community Development
Department, a cashier's check payable to the COUNTY CLERK
in the amount of fifty dollars ($50.00) to enable the City to file the
appropriate environmental documentation for the project. If
within such forty-eight (48) hour period that applicant has not
delivered to the Community Development Department the above-
noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions
of the California Environmental Quality Act could be significantly
lengthened.
IN
oar
Attachment 1
r r a• r j= r r r , of
I ! It !
LAVA go I VIM tj KOWN 1 130A F.1 I K9
City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Clerk
Space above this line for Recorder's Use Only
TUSTIN LEGACY DEVELOPMENT AGREEMENT
THIS TUSTIN LEGACY DEVELOPMENT AGREEMENT ( "Agreement ") is
entered into effective as of the day of , 2012 by and between the CITY OF
TUSTIN, a California municipal corporation ( "CITY "), and THE IRVINE COMPANY, LLC,
a California and Delaware limited liability company ( "DEVELOPER "). CITY and
DEVELOPER are collectively referred to herein as the "Parties" and individually as a "Party ".
RECITALS
A. 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," Sections 65864, et seq., of
the Government Code. The Development Agreement Statute authorizes 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. In addition,
MCAS Tustin Specific Plan Section 4.2.9 states: "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." Pursuant to the authorization set forth in the
Development Agreement Statute, CITY has enacted procedures for entering into development
agreements which are contained in Tustin City Code Sections 9600 to 9619.
B. CITY and DEVELOPER entered into that certain Tustin Legacy Disposition and
HE
Development Agreement as of (the "DDA ") pursuant to which CITY agreed to sell, and M
533339.1 533339.1
533339.1
DEVELOPER agreed to buy and develop, certain real property, all as more specifically set forth
in the DDA.
C. Pursuant to the DDA, DEVELOPER has an equitable and legal interest in the
Property (as defined below) in that it has the contractual right to purchase from CITY for
development of the Property.
D. Pursuant to Government Code Section 65864, the Legislature has found and
determined that:
"(a) The lack of certainty in the approval of development projects can result in a
waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and commitment to comprehensive planning which would make
maximum efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the
project, the applicant may proceed with the project in accordance with existing policies, rules
and regulations, and subject to conditions of approval, will strengthen the public planning
process, encourage private participation in comprehensive planning, and reduce the economic
costs of development.
(c) The lack of public facilities, including, but not limited to, streets, sewerage,
transportation, drinking water, school, and utility facilities, is a serious impediment to the
development of new housing. Whenever possible, applicants and local governments may include
provisions in agreements whereby applicants are reimbursed over time for financing public
facilities."
In accordance with the legislative findings set forth in Government Code Section 65864,
CITY wishes to attain certain public objectives that will be furthered by this Agreement. This
Agreement will provide for the orderly implementation of the General Plan of CITY, and the
phased development and completion of the Project in accordance with the DDA and the Specific
Plan. This Agreement will further a comprehensive planning objective contained within the
City's General Plan, which is:
"To promote an economically balanced community with complimentary and
buffered land uses to include industrial, commercial, professional, multi - family and
single - family development."
E. The DDA, the Specific Plan and the development under the DDA and the Specific
Plan require a substantial early investment of money and planning and design effort by
DEVELOPER. Without the protection provided by this Agreement, uncertainty that the Project
may be completed in its entirety could result in a waste of public resources, escalate the cost of
public improvements, and discourage DEVELOPER's participation in the comprehensive public
improvements in the DDA and the Specific Plan. DEVELOPER's participation in the
implementation of the DDA and the Specific Plan will result in a number of public benefits.
These benefits require the cooperation and participation of CITY and DEVELOPER and could
PA
5333:#9.[
not be secured without mutual cooperation in and commitment to the comprehensive planning
effort that has resulted in the DDA and the Specific Plan. rr
F. DEVELOPER wishes to avoid certain development risks and uncertainties that
would, in the absence of this Agreement, deter and discourage DEVELOPER from making a
commitment to implement the DDA and the Specific Plan. These are as follows:
1. It is generally the law in California that, absent extraordinary
circumstances or the approval of a vesting subdivision map, an owner of the land does not obtain
a vested right to improve land until the issuance of a building permit for the improvements and
commencement of substantial construction pursuant to that permit. The result is a disincentive
for landowners to invest monies in the early completion of major infrastructure and other public
improvements as part of any project or in early comprehensive planning and design studies.
2. Development under the DDA and the Specific Plan requires a substantial
early investment of money and planning and design effort by DEVELOPER. Uncertainty about
CITY's land use policies, rules and regulations could result in a waste of private resources,
escalate the cost of required public improvements, and escalate costs of proposed housing and
other uses.
G. The following assurances are of vital concern to DEVELOPER to offset or
remove the disincentives and uncertainties set forth in Paragraph F above:
I Assurance to DEVELOPER that, in return for DEVELOPER's
11i
commitment to the development of the Property that is contained in the DDA, any approved
ow
entitlements, and the Specific Plan, CITY will in turn remain committed to the DDA and the
Specific Plan;
2. Assurances to DEVELOPER that as DEVELOPER becomes obligated for
the costs of designing and constructing the public and private improvements included in the
DDA and the Specific Plan, and makes dedications, DEVELOPER will become entitled to
complete the private development portions of the DDA and the Specific Plan that justify those
obligations; and
3 Assurances to DEVELOPER that in CITY's administration of the DDA
and the Specific Plan, DEVELOPER will be allowed, consistent with the DDA and the Specific
Plan, to develop the housing types and intensities identified in the DDA and the Specific Plan,
These assurances provide for cooperation and participation of CITY and DEVELOPER and
could not be secured without mutual cooperation in and commitment to the comprehensive
planning effort that has resulted in the DDA and the Specific Plan.
H. California Government Code Sections 65864 et seq. authorize local agencies to
enter into binding development agreements with persons having legal or equitable interests in
real property for the development of such property. CITY wishes to enter into a development
agreement with DEVELOPER to secure the public benefits described above, and DEVELOPER
RON
BE,
wishes to enter into a development agreement with CITY to avoid the development risks and
uncertainties and to obtain the assurances described above.
533334.E
1. This Agreement is intended to be, and shall be construed as, a development
agreement within the meaning of the Development Agreement Statute. This Agreement is
intended to augment and further the purposes and intent of the parties in the implementation of
the DDA and the Specific Plan. This Agreement, as a device for the implementation of the DDA
and the Specific Plan, will eliminate uncertainty in planning for and secure the orderly
development of the Project, ensure a desirable and functional community environment, provide
effective and efficient development of public facilities, infrastructure, and services appropriate
for the development of the Project, assure attainment of the maximum effective utilization of
resources within CITY, and provide other significant public benefits to CITY and its residents by
otherwise achieving the goals and purposes of the Development Agreement Statute. In exchange
for these benefits to CITY, DEVELOPER desires to receive the assurance that it may proceed
with development of the Project in accordance with the terms and conditions of this Agreement,
Existing Land Use Regulations, the DDA, and the Development Plan, all as more particularly set
forth herein.
J. CITY has determined that this Agreement and the Project are consistent with the
CITY's General Plan and the CITY's MCAS Tustin Specific Plan/Reuse Plan, as amended, and
as the same maybe further amended from time to time, and that the Development Agreement
complies with the findings established by Tustin City Code Section 9611 in that the Agreement:
(a) Is consistent with the objectives, policies, general land uses and programs
M
specified in the General Plan and the MCAS Tustin Specific Plan (except for
any Concessions and Incentives authorized for the project by the Tustin City
Council).
(b) Is compatible with the uses authorized in district in which the real property is
located (Planning Area 15). Note: the proposed apartment project complies
with the uses authorized by the MCAS Tustin Specific Plan.
(c) Is in conformity with the public necessity, public convenience, general
welfare, and good land use practices. Note: the proposed provision of 37
moderate income affordable apartment units meets this goal.
(d) Will not be detrimental to the health, safety, and general welfare. Note:
compliance with the MCAS Tustin Specific Plan, Tustin City Code, and other
regulations will ensure that the project will not be detrimental in any way.
(e) Will not adversely affect the orderly development of property. Note: the
proposed project is orderly and well designed.
(f) Will have a positive fiscal impact on the City. Note: the provisions of the
proposed DDA, DA and conditions of approval will ensure that the project
will have a positive fiscal impact on the City.
4
533339.1
K. On October 9, 2012, the Planning Commission held a public hearing on this MEMO,,
Agreement, made certain findings and determinations with respect thereto, and recommended to
the City Council of CITY that this Agreement be approved, On the City
Council held a public hearing on this Agreement, considered the recommendations of the
Planning Commission, and adopted Ordinance No. _, approving this Agreement and
authorizing its execution.
I_ " a PIN NUT 10
NOW, THEREFORE, in consideration of the above recitals, which are incorporated
herein by this reference, and for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1. Definitions. The following terms when used in this Agreement shall be defined as
follows:
Any capitalized word or term used in this Agreement shall have the definition or
meaning ascribed to such word or term as provided in the DDA, unless the word or term is
expressly provided in this Section 1.1 of this Agreement, in which event such word or term shall
have the definition or meaning as provided herein. Any word not specifically defined in the
DDA or this Agreement shall be interpreted by the Director of Community Development.
1. 1. 1 "Agreement" is defined in the introductory paragraph.
1. 1.2 "Applications" is defined in Section 3.6.2 below.
1.1.3 "Authority" is defined in the Recital B above.
1. 1.4 "CITY" is defined in the introductory paragraph.
1.1.5 "DDA" is defined in the Recital B above.
1.1.6 "DEVELOPER" is defined in the introductory paragraph.
1.1.7 "Development Permits" means all permits, certificates and approvals
which may be required by CITY or other governmental authority for the development and
construction of the improvements for the Project, in each case in accordance with this
Agreement, the DDA, applicable Land Use Regulations and any required environmental
mitigation, including without limitation any engineering permits, grading permits, foundation
permits, construction permits and building permits.
1.1.8 "Development Plan" means the development (including, without
limitation, the Scope of Development) identified in the DDA, subject to further refinement as
required or contemplated by the DDA consistent with all applicable Entitlement Approvals and
all applicable Land Use Regulations.
5-33339,1
1. 1.9 Reserved
1.1.10 Effective Date means the date the CITY 's ordinance approving this
Agreement becomes effective.
1.1.11 "Entitlement Approvals" means all land use approvals and entitlements,
including all conditions of approvals, legally required by CITY or any other governmental
authority as a condition of subdivision of the Property, development of the Property, and
construction of the improvements in accordance with this Agreement, the DDA and applicable
Land Use Regulations, including, without limitation, Tentative and Final parcel maps, the
Concept Plans and Design Review approvals as may be applicable for proposed specific uses(s)
in connection with development of the Property.
1.1.12 "Existing Entitlement Approvals" means all Development Permits and
Entitlement Approvals approved or issued prior to the Effective Date. Existing Entitlement
Approvals include the Development Permits and Entitlement Approvals which are a matter of
public record on the Effective Date including Development Agreement (DA) 2012 -001, Concept
Plan (CP) 2012 -002, Design Review (DR) 2012 -004, Density Transfer, Density Bonus,
Concessions or Incentives authorized under Tustin City Code Section 9123 related to the
provision of affordable housing units in compliance with California Government Code Section
65915(1), and Parcel Map (PM) 2012 -136, required for the proposed development of 533
apartment units (including 37 affordable units) at Tustin Legacy Disposition Package 2A.
1.1.13 "Existing Land Use Regulations" means all Land Use Regulations in
Ems effect on the Effective Date. Existing Lind Use Regulations include CITY's General Plan,
Zoning Code, the Specific Plan, and all other ordinances, resolutions, rules, and regulations of
CITY governing development and use of the Property in effect as of the Effective Date,
including without limitation the permitted uses of the Property, the density and intensity of use,
maximum height and size of proposed buildings, provisions for the reservation and dedication of
land for public purposes, and construction standards and regulations for Development
Agreement (DA) 2012 -001, Concept Plan (CP) 2012 -002, Design Review (DR) 2012 -004,
Density Transfer, Density Bonus, Concessions or Incentives authorized under Tustin City Code
Section 9123 related to the provision of affordable housing units in compliance with California
Government Code Section 65915(1), and Parcel Map (PM) 2012 -136, required for the proposed
development of 533 apartment units (including 37 affordable units) at Tustin Legacy Disposition
Package 2A.
1.1.14 "Land Use Regulations" means all laws, statutes, ordinances, resolutions,
codes, orders, rules, regulations and official policies of CITY governing the development and use
of land, including, without limitation, the permitted uses of the Property, the density or intensity
of use, subdivision requirements, timing and phasing of development, the maximum height and
size of proposed buildings, the provisions for reservation or dedication of land for public
purposes, and the design, improvement and construction standards and specifications applicable
to the development of the Property.
1.1.15 "LIFOC "refers to an instrument entitled "Lease in Furtherance of
Conveyance" executed by the United States Department of the Navy and dated May 13, 2002,
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533331. 1
delivered to CITY provisionally in lieu of deed for portions of the Property impacted by
hazardous materials, which expires and is supplemented by a conveyance deed upon the United
States Department of the Navy determining that the hazardous materials which impact a portion
of the Property have been adequately remediated.
1.1.16 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a
deed of trust or any other security - device lender, and their successors and assigns.
1.1.17 "Navy" is defined in Section 2.2 below.
1.1.18 "New CITY Laws" is defined in Section 3.9.1 below.
1.1.19 "Party" is defined in the introductory paragraph.
1.1.20 "Project" means the development of the Property contemplated by the
Development Plan as such Development Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.21 "Property" means the real property described on Exhibit "A" and shown
on Exhibit "B" to this Agreement.
1. 1.22 "Reservations of Authority" means the rights and authority excepted from
the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY _
under Section 3.9 of this Agreement.
1.1.23 "Specific Plan" means the CITY's MCAS Tustin Specific Plan/Reuse
Plan, as amended, and as the same maybe further amended from time to time.
1. 1.24 "Subsequent Entitlement Approvals" means all Entitlement Approvals
required subsequent to the Effective Date in connection with development of the Property._The
Subsequent Entitlement Approvals may include, without limitation, the following: amendments
of the Entitlement Approvals, design review approvals (including site plan, architectural and
landscaping plan approvals), deferred improvement agreements and other agreements relating to
the Project, use permits, grading permits, building permits, lot line adjustments, sewer and water
connections, certificates of occupancy, subdivision maps (including tentative, vesting tentative,
parcel, vesting parcel, and final subdivision maps), preliminary and final development plans, re-
zonings, encroachment permits, re- subdivisions, and any amendments to, or repealing of, any of
the foregoing. At such time as any Subsequent Entitlement Approval applicable to the Project
Site is approved by the City, then such Subsequent Entitlement Approval shall become subject to
all the terms and conditions of this Development Agreement applicable to Entitlement Approvals
and shall be treated as an "Entitlement Approval" under this Development Agreement.
1.1.25 "Successors In Interest" means any person having a legal or equitable
interest in the whole of the Property, or any portion thereof as to which such person wishes to
amend or cancel this Agreement.
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533339.1
1. 1.26 "Vested Right" means the vested rights granted to DEVELOPER
pursuant to this Agreement, including, without limitation, the vested right to develop the
Property in accordance with, and to the extent of the DDA and the provisions of this Agreement.
The Vested Elements shall be effective against, and shall not be amended by, any subsequent
ordinance or regulation, whether adopted or imposed by the City Council or through the
initiative or referendum process. The Vested Elements include are: (I)The General Plan of City
on the Agreement Date, including the General Plan Amendments ( "Applicable General Plan ");
(2) The Zoning Ordinance of City on the Agreement Date ( "Applicable Zoning Ordinance "); (3)
other rules, regulations, ordinances and policies of City applicable to development of the Project
on the Agreement Date (collectively, together with the Applicable General Plan and the
Applicable Zoning Ordinance, the "Applicable Rules "); and (4) the Entitlement Approvals, as
they may be amended from time to time upon DEVELOPER's consent (such consent to be
granted at the sole discretion of DEVELOPER) and City's approval of the amendment in
accordance the terms of this Agreement.
1.2 Exhibits.The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit "A "- Legal Description of the Property.
Exhibit "B" - Map showing Property and its location.
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2 Equitable and Legal Interests in Property. Pursuant to the DDA, DEVELOPER
anticipates acquiring the Property. CITY and DEVELOPER agree that DEVELOPER's right to
acquire the Property pursuant to the DDA creates a sufficient legal and/or equitable interest in
order to enter into this Agreement. If DEVELOPER fails to acquire any portion of the Property,
then this Agreement shall automatically no longer be effective as to such portion of the Property
concurrently with the date upon which DEVELOPER's rights to acquire such portion of the
Property expire.
2.3 Term. The term of this Agreement shall commence on the Effective Date and
shall continue for a term of five (5) years thereafter but in no event for a term less than that
required to obtain the Certificate of Compliance referred to in Section 2.5 of this Agreement,
unless this term is terminated, modified, or extended by circumstances set forth in this
Agreement or by mutual written consent of the Parties. Notwithstanding the foregoing, the term
of this Agreement shall be automatically extended for the period that development is prevented
or delayed, in whole or in part, due to an event set forth in Section 8.11 below.
2.4 Assignment.
533334.1
2.4.1 Assignment and Notification. The rights, interests and obligations
conveyed and provided herein to DEVELOPER benefit and are appurtenant to the Property.
DEVELOPER has the right to sell, assign and transfer any and all of its rights and interests and
to delegate any and all of its duties and obligations hereunder; provided, however, that such
rights and interests may not be transferred or assigned except in strict compliance with the
provisions of Section 4.2 of the DDA, and the following conditions:
(a) DEVELOPER secures the written consent of CITY if required
pursuant to Section 4.2 of the DDA;
(b) Said rights and interests may be transferred or assigned only as an
incident of the transfer or assignment of the portion of the Property to which they relate,
including any transfer or assignment pursuant to a foreclosure of a mortgage or a deed in lieu of
a foreclosure;
(c) Prior to assignment or transfer, if required pursuant to this
Section 2.4 and Section 4.2 of the DDA, DEVELOPER shall notify CITY in writing of such
assignment or transfer, the portions of the Property to which the assignment or transfer will be
appurtenant, and the name and address (for purposes of notices hereunder) of the transferee or
assignee, together with the corresponding number of dwelling units and/or non-residential
entitlements which are proposed to be included within such transfer and DEVELOPER and the
assignee or transferee shall notify CITY whether the assignee or transferee will assume any of
DEVELOPER's obligations under this Agreement and which of DEVELOPER's obligations will
be assumed; and
(d) The assignee or transferee shall have entered into an Assignment
and Assumption Agreement if required by the DDA.
Any attempt to assign or transfer any right or interest in this Agreement except in strict
compliance with this Section 2.4 shall be null and void and of no force and effect.
2.4.2 Subject to Terms of Agreement. Following an assignment or transfer of
any of the rights and interests of DEVELOPER set forth in this Agreement in accordance with
Section 2.4.1, the assignee's exercise, use, and enjoyment of the Property shall be subject to the
terms of this Agreement to the same extent as if the assignee or transferee were DEVELOPER.
2.4.3 Release of DEVELOPER Upon Transfer. Notwithstanding the
assignment or transfer of portions or all of the Property or rights or interests under this
Agreement, DEVELOPER shall continue to be obligated under this Agreement unless released
or partially released by CITY with respect to DEVELOPER's obligations and the other duties
and obligations of DEVELOPER under this Agreement, pursuant to this paragraph, which
release or partial release shall be provided by CITY upon the full satisfaction by DEVELOPER
of the following conditions:
(a) DEVELOPER is not then in default under this Agreement;
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533339.1
(b) CITY has consented to the assignment or transfer if required under
Section 2.4.1;
(c) An assignee or transferee has assumed such duties and obligations
as to which DEVELOPER is requesting to be released; and,
(d) The assignee or transferee is financially able to assume the
obligations proposed for assignment and has demonstrated to the reasonable satisfaction of CITY
that adequate resources have been committed to the full performance of such obligations.
2.5 Property to Continue to be Subiect to This Agreement. Until recordation of a
Certificate of Compliance as provided in Section 9 of the DDA, the Property shall continue to be
subject to this Agreement. In the absence of specific written agreement by CITY, pursuant to
which CITY expressly releases the DEVELOPER under the applicable provisions of the DDA or
this Agreement, no Transfer shall constitute a release of DEVELOPER from any of its
obligations under this Agreement and the DEVELOPER shall retain such obligations and remain
jointly and severally liable for such obligations. CITY shall cooperate with DEVELOPER, at no
cost to CITY, in executing in recordable form any document that CITY has approved to confirm
the termination of this Agreement as to any such Phase or parcel. Notwithstanding the
foregoing, (a) the burdens of this Agreement shall terminate as to any individual residential unit
that is sold or leased after issuance of a certificate of occupancy, and such parcels shall be
released from and shall no longer be subject to this Agreement (without the execution or
recordation of any further document or the taking of any further action) and (b) the benefits of
this Agreement shall continue to run as to any such parcel until Completion or until termination
of this Agreement, if earlier.
2.6 Amendment or Cancellation of Agreement. This Agreement may be amended or
cancelled in whole or in part only in the manner provided for in Government Code Section
65868 and Tustin CITY Code Section 9615. This provision shall not limit any remedy of CITY
or DEVELOPER as provided by this Agreement. Either party or Successor in Interest may
propose an amendment to or cancellation, in whole or in part, of this Agreement. Any
amendment or cancellation shall be by mutual consent of the parties or their Successors in
Interest except as provided otherwise in this Agreement, in Government Code Section 65865. 1,
or in the Tustin City Code. Any amendment to this Agreement which does not relate to the
Term of this Agreement, permitted uses of the Project, provisions for the reservation or
dedication of land the conditions, terms, restrictions and requirements relating to subsequent
discretionary approvals of City, or monetary exactions of DEVELOPER, shall be considered an
"Administrative Amendment ". The City Manager or assignee is authorized to execute
Administrative Amendments on behalf of City and no action by the City Council (e.g. noticed
public hearing) shall be required before the parties may enter into an Administrative
Amendment. However, if in the judgment of the City Manager or assignee that a noticed public
hearing on a proposed Administrative Amendment would be required, City's Planning
Commission shall conduct a noticed public hearing to consider whether the Administrative
Amendment should be approved or denied, and shall make a recommendation to the City
Council on the matter. The Tustin City Council shall conduct a noticed public hearing to
consider the request and the Planning Commission's recommendation on the matter. At the
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533339.1
conclusion of the public hearing, the City Council may approve, deny, or conditionally approve
the amendment. The Vested Rights may not be amended except by amendment of this
Agreement; provided, however, that in the case of amendments affecting portions of the Project, Fiimesmm
only the consent of the owner of such portion shall be required so long as the amendment does
not diminish the rights appurtenant to or increase the burdens upon any other portion of the
Project Site. Any amendment of City land use regulations including, but not limited to, the
General Plan, applicable Specific Plan or City's zoning ordinance, shall not require amendment
of this Agreement. Instead, any such amendment shall be deemed to be incorporated into this
Agreement at the time that such amendment is approved by the appropriate City decision maker,
so long as such amendment is consistent with this Agreement.
2.7 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in
Section 2.3.
(b) Entry of a final court judgment not subject to further appeal setting
aside, voiding or annulling the adoption of the CITY ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the
CITY ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this
Agreement, the DDA, Entitlement Approvals, and applicable Land Use Regulations, including
issuance of all required occupancy permits and acceptance by CITY or applicable public agency
of all required public improvements and dedications, and CITY issuance of a final DDA
Certificate of Compliance.
(e) Due to a default hereunder, as set forth in Article 5 below.
(f) Upon mutual written agreement of CITY and DEVELOPER.
Termination of this Agreement shall not constitute termination of any other land use
entitlements approved for the Property. Upon the termination of this Agreement, no party shall
have any further right or obligation hereunder except with respect to any obligation to have been
performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement.
2.8 Notices Demands and Communications between the Parties. All notices,
demands, consents, requests and other communications required or permitted to be given under
this Agreement shall be in writing and shall be deemed conclusively to have been duly given (a)
when hand delivered to the other party; (b) three (3) business days after such notice has been sent
by United States mail via certified mail, return receipt requested, postage prepaid, and addressed
to the other party as set forth below; or (c) the next business day after such notice has been
deposited with a national overnight delivery service reasonably approved by the parties (Federal
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533339, I
MEMO Express, United Parcel Service and U.S. Postal Service are deemed approved by the parties),
postage prepaid, addressed to the party to whom notice is being sent as set forth below with next-
business-day ay delivery guaranteed, provided that the sending party receives a confirmation of
delivery from the delivery service provider. Unless otherwise provided in writing, all notices
hereunder shall be addressed as follows:
If to CITY: Tustin City Hall
300 Centennial Way
Tustin, CA 92780
Attention: City Manager
and Attention: Director of Community
Development
With a copy to: City Attorney, City of Tustin
Woodruff Spradlin & Smart
701 S. Parker Street, Suite 8000
Orange, CA 92868 -4760
Attention: David E. Kendig, Esq.
Any party may by written notice to the other party in the manner specified in this
Agreement change the address to which notices to such party shall be delivered.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Public Benefits. This Agreement provides assurances that the Public Benefits
identified below will be achieved and developed in accordance with the applicable rules and
Entitlement Approvals and with the terms of the DDA, the Specific Plan and this Agreement,
and subject to the City's Reservation of Authority (Section 3.5). The Project will provide local
and regional public benefits to the City, including without limitation: new jobs, housing in
immediate adjacency to employment, affordable housing for persons and families of moderate
incomes.
3.2 DEVELOPER Objectives. In accordance with the legislative findings set forth in
Government Code Section 65864, the DEVELOPER wishes to obtain reasonable assurances that
the Project may be developed in accordance with the applicable rules and project approvals and
with the terms of this Agreement and subject to the City's Reservation of Authority. To the
extent of Project development, and as provided by Section 3.5.2, DEVELOPER anticipates
making capital expenditures or causing capital expenditures to be made in reliance upon the
DDA and this Agreement. In the absence of this Agreement, DEVELOPER would have no
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533339.1
If to DEVELOPER: The Irvine Company
c/o Bryan Austin
550 Newport Center Drive
Newport Beach, CA 92660
Any party may by written notice to the other party in the manner specified in this
Agreement change the address to which notices to such party shall be delivered.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Public Benefits. This Agreement provides assurances that the Public Benefits
identified below will be achieved and developed in accordance with the applicable rules and
Entitlement Approvals and with the terms of the DDA, the Specific Plan and this Agreement,
and subject to the City's Reservation of Authority (Section 3.5). The Project will provide local
and regional public benefits to the City, including without limitation: new jobs, housing in
immediate adjacency to employment, affordable housing for persons and families of moderate
incomes.
3.2 DEVELOPER Objectives. In accordance with the legislative findings set forth in
Government Code Section 65864, the DEVELOPER wishes to obtain reasonable assurances that
the Project may be developed in accordance with the applicable rules and project approvals and
with the terms of this Agreement and subject to the City's Reservation of Authority. To the
extent of Project development, and as provided by Section 3.5.2, DEVELOPER anticipates
making capital expenditures or causing capital expenditures to be made in reliance upon the
DDA and this Agreement. In the absence of this Agreement, DEVELOPER would have no
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533339.1
assurance that it can complete the Project for the uses and to the density and intensity of
development set forth in this Agreement and the Existing Entitlement approvals. This
Agreement, therefore, is necessary to assure DEVELOPER that the Project will not be (1) . . . . . . . . . . .
reduced or otherwise modified in density, intensity or use from what is set forth in the Existing
Entitlement Approvals, (2) subjected to new rules, regulations, ordinances or official policies or
plans which are not adopted or approved pursuant to the City's Reservation of Authority.
33 Mutual Objectives. Development of the Project in accordance with this
Development Agreement will provide for the orderly development of the Property in accordance
with the objectives set forth in the General Plan. Moreover, a development agreement for the
Project will eliminate uncertainty in planning for and securing orderly development of the
Property, assure installation of necessary improvements, assure attainment of maximum efficient
resource utilization within the City at the least economic cost to its citizens and otherwise
achieve the goals and purposes established by Government Code Section 65864. The Parties
believe that such orderly development of the Project will provide Public Benefits, as described in
Section 3. 1, to the City through the imposition of development standards and requirements under
the provisions and conditions of this Agreement, including without limitation: increased tax
revenues, installation of on-site and off-site improvements, and creation and retention of jobs.
Additionally, although development of the Project in accordance with this Agreement will
restrain the City's land use or other relevant police powers, this Agreement provides the City
with sufficient reserved powers during the term hereof to remain responsible and accountable to
its residents. In exchange for these and other benefits to City, the DEVELOPER will receive
assurance that the Project may be developed during the term of this Agreement in accordance
with the applicable rules, project approvals and Reservation of Authority, subject to the terms
and conditions of this Agreement. IN
3.4 Applicability of the Agreement. This Agreement does not: (1) grant density or
intensity in excess of that otherwise established in the Existing Entitlement Approvals; (2)
eliminate future discretionary actions relating to the Project if applications requiring such
discretionary action are initiated and submitted by the DEVELOPER of the Property after the
effective date of this Agreement; (3) guarantee that Property Owner will receive any profits from
the Project; or (4) amend the DDA, the Specific Plan, or the City's General Plan.
3.5 Agreement and Assurance on the Part of the DEVELOPER. In consideration for
the City entering into this Agreement, and as an inducement for the City to obligate itself to carry
out the covenants and conditions set forth in this Agreement, and in order to effectuate the
premises, purposes and intentions set forth in this Agreement, DEVELOPER hereby agrees as
follows:
3.5.1 Project Development. DEVELOPER agrees that it will use commercially
reasonable efforts, in accordance with its own business judgment and taking into account market
conditions and economic considerations, to undertake any development of the Project in
accordance with the terms and conditions of the DDA, this Agreement and Existing Entitlement
Approvals.
3.5.2 Additional Obligations of DEVELOPER as Consideration for this
Agreement. In addition to the obligations identified in Section 3.5.1, the development
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533339.1
assurances provided by this Agreement and the resulting construction of the Project will result in
M the following:
�T
a. Construct a 533 -unit residential apartment complex at Disposition Package
Site 2A, Tustin Legacy, including 37 moderate income rental units and
496 market rate rental units, consistent with the DDA, this Agreement and
Project approvals.
b. Construct all of the vertical, horizontal, and local Developer
improvements identified in the DDA.
c. Comply with the DDA, Housing/Regulatory Agreement, Tustin City
Code, MCAS Tustin Specific Plan, state and federal law, required
mitigation measures, and all conditions of approval.
d. The Developer shall not oppose or contest any future creation or
establishment by the City of Tustin of a landscape and lighting district,
master maintenance association, assessment district, or any other method
or means determined by the City necessary for funding of the maintenance
of the public right -of -way, landscape easements, public parks or of the
various municipal services and operating expenses associated with Tustin
Legacy.
fi e. Pay all required development related fees, including but not limited to any
01,11 1
required Backbone Infrastructure fee, etc.
3.6 Agreement and Assurances on the Part of the City. In consideration for
DEVELOPER entering into this Agreement, and as an inducement for DEVELOPER to obligate
itself to carry out the covenants and conditions set forth in this Agreement, and in order to
effectuate the purpose of this Agreement, the City hereby agrees as follows:
3.6.1 Applicable Regulations; Vested Right to Develop. To the maximum
extent permitted by law, DEVELOPER has the vested right to develop the Project subject to the
terms and conditions of the DDA, this Agreement, the Specific Plan, Tustin City Code, state and
federal law, and Project Approvals pursuant to the City's Reservation of Authority. Other than
as expressly set forth herein, during the Term of this Agreement, the terms and conditions of
development applicable to the Property, including but not limited to the permitted uses of the
Property, the density and intensity of use, maximum height and size of proposed buildings, the
design, improvement and construction standards and specifications applicable to the
development of the Property, including any changes authorized pursuant to Section 3.5.4, and the
provisions for the reservation and dedication of land as needed for public purposes pursuant to
Governmental Requirements, shall be those set forth in the DDA, Existing Land Use
Regulations, and Entitlement Approvals. In connection therewith and subject to the terms of this
Agreement including the Reservations of Authority, DEVELOPER shall have the Vested Rights
to: (1) carry out and develop the Property in accordance with the DDA (which includes the
Development Plan), Existing Land Use Regulations, Entitlement Approvals and the provisions of
this Agreement; (2) to receive from CITY all future entitlement approvals for the Project that
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533339.1
CITY finds are consistent with and implement the DDA (which includes the Development Plan),
Existing Land Use Regulations, Entitlement Approvals and this Agreement, and (3) not have any
Entitlement Approvals conditioned or delayed for reasons inconsistent with the DDA (or as RISEN
contemplated in the DDA which includes the Development Plan), Existing Land Use
Regulations, Entitlement Approvals or this Agreement.
To the extent any changes in the Existing Land Use Regulations, or any provisions of future
General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, ordinances or
policies (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order,
moratorium, or other means, adopted by the City Council, Planning Commission, or any other
board, commission, agency, committee, or department of City, or any officer or employee
thereof, or by the electorate) of CITY (collectively, "Future Rules ") are not in conflict with the
Vested Right, such Future Rules shall be applicable to the Project. For purposes of this
Section 3.6.1, the word "conflict" means Future Rules that would (i) alter the Vested Rights, or
(ii) frustrate in a more than insignificant way the intent or purpose of the Vested Rights in
relation to the Project, or (iii) materially increase the cost of performance of, or preclude
compliance with, any provision of the Vested Right, or (iv) delay in a more than insignificant
way development of the Project, or (v) limit or restrict the availability of public utilities, services,
infrastructure of facilities (for example, but not by way of limitation, water rights, water
connection or sewage capacity rights, sewer connections, etc.) to the Project, or (vi) impose
limits or controls in the rate, timing, phasing or sequencing of development of the Project. To
the extent that Future Rules conflict with the Vested Rights, they shall not apply to the Project
and the Vested Rights shall apply to the Project.
3.6.2 Availability of Public Services. To the maximum extent permitted by law
�u
and consistent with its authority, City shall assist Developer in reserving such capacity for sewer
and water services as may be necessary to serve the Project.
3.7 Effect of Agreement on Land Use Regulations. Except as otherwise provided
under the terms of this Agreement including the Reservations of Authority (and notwithstanding
any future action of CITY or its citizens, whether by ordinance, resolution, initiative or
otherwise), the rules, regulations, and official policies governing the Project, including, without
limitation, the permitted uses of the Property, the density and intensity of use of the Property, the
maximum height and size of proposed buildings, the design, improvement and construction
standards and specifications applicable to the Project, including any changes authorized pursuant
to Section 3.5.4, the subdivision of land and requirements for infrastructure and public
improvements, and other terms and conditions of the Project, shall be the DDA, Existing Land
Use Regulations, and the provisions of this Agreement. CITY shall accept for processing and
review and take action on all applications for Subsequent Entitlement Approvals as provided in
Section 3.9 below. In connection with any Subsequent Entitlement Approval, CITY shall
exercise discretion in accordance with the same manner as it exercises its discretion under its
police powers, including the Reservations of Authority; provided however, that such discretion
shall not prevent development of the Project as set forth in this Agreement.
3.8 Timing of Development. The timing of development will be as set forth in the
DDA. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo
533339,1
�r
(1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of
development resulted in a later adopted initiative restricting the timing of development to prevail
over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging
and providing that DEVELOPER will adhere to the terms of the DDA regarding the timing of
development.
3.9 Changes and Amendments. . By approving the Project Approvals, City has made
a policy decision that the Project is in the best interests of the public health, safety and general
welfare. Accordingly, City shall not use its discretionary authority in considering any
application for a Subsequent Approval, including, but not limited to, the City's administrative
consideration of planned unit development permits, conditional use permits and subdivision
maps, within the Project Site to change the policy decisions reflected by the Project Approvals or
otherwise to prevent or delay development of the Project as set forth in the Project Approvals.
Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy
decisions and shall be issued by City so long as they comply with this Agreement and Applicable
Law and are not inconsistent with the Project Approvals as set forth above. The parties
acknowledge that refinement and further development of the Project will require Subsequent
Entitlement Approvals and may demonstrate that changes are appropriate and mutually desirable
in the Existing Entitlement Approvals. In the event DEVELOPER finds that a change in the
Existing Entitlement Approvals is necessary or appropriate, DEVELOPER shall apply for a
Subsequent Entitlement Approval to effectuate such change and CITY shall process and act on
such application in accordance with the Existing Land Use Regulations, except as otherwise
provided by this Agreement including the Reservations of Authority. If approved, any such
change in the Existing Entitlement Approvals shall be incorporated herein by reference as though
fully set forth, shall thereafter be deemed to be an Existing Entitlement Approval for all purposes
of this Agreement and may be further changed from time to time as provided in this Section.
Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to
the Existing Entitlement Approvals requested by DEVELOPER or an approved assignee shall be
deemed "minor" and shall not require an amendment to this Agreement.
In an instance when CITY has reasonably determined that a proposed change to the Existing
Entitlement Approvals constitutes a minor change pursuant to this Section 3.4, CITY and
DEVELOPER shall cooperate to ensure the preparation of any environmental analysis deemed
appropriate and necessary pursuant to CEQA. Furthermore, CITY and DEVELOPER shall
cooperate to ensure the filing of notice of determination in this regard.
3.10 Reservations of Authority. Notwithstanding any other provision of this
Agreement to the contrary, the laws, rules, regulations and official policies set forth in this
Section 3.5 shall apply to and govern development of the Property and Project to the extent set
forth herein.
3. 10.1 Consistent Future City Regulations. City ordinances, resolutions, and
official policies, including initiative measures, adopted or approved after the Effective Date
pursuant to procedures provided by law which are applied on a City -wide basis ( "New CITY
Laws ") shall apply to and govern development of the Property, provided that any New CITY
Laws which reduce the density or intensity of the Project below that permitted by the Existing
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Land Use Regulations, the Existing Entitlement Approvals or the DDA, alter the permitted uses
of the Property, reduce the maximum height or size of any permitted buildings, impose
additional obligations in connection with the reservation or dedication of land for public
purposes beyond the requirements identified in the DDA, or limit the rate, timing, or sequencing
of development of the Property from that required in the DDA or in any Entitlement Approvals,
shall be deemed inconsistent with this Agreement and shall not be applicable to the development
of the Property and Project.
3.10.2 Overriding State and Federal Laws. CITY shall not be precluded from
adopting and applying New CITY Laws to the Project and development of the Project to the
extent that such New CITY Laws are required to be applied by State or Federal laws or
regulations and which would override DEVELOPER's Vested Rights as set forth in this
Agreement, provided however, that (i) DEVELOPER does not waive its right to challenge or
contest the validity of such State, Federal, or New CITY Laws or regulation; and (ii) such new
CITY Law shall only be applied to the Project and development of the Project to the extent
necessary to comply with such new State or Federal law or regulation. In the event that such
State or Federal law or regulation (or New CITY Laws undertaken pursuant thereto) prevents or
precludes substantial compliance with one or more provisions of the DDA, the Existing Land
Use Regulations or this Agreement, the Parties agree to consider in good faith amending or
suspending such provisions of this Agreement as may be necessary to comply with such State or
Federal laws (or New CITY Laws), provided that no Party shall be bound to approve any
amendment to this Agreement unless this Agreement is amended in accordance with the
procedures applicable to the adoption of development agreements as set forth in the
Development Agreement Statute and Tustin CITY Code and each Party retains full discretion
with respect thereto. DEVELOPER acknowledges that any provision of this Section does not
apply to DEVELOPER's acknowledgement and agreement in the DDA that any current or
subsequent provisions of State Law with regards to density bonuses and other regulatory
incentives for provision of affordable housing do not apply to the Project or Property.
3.10.3 Public Health and Safety. Nothing in this Agreement shall preclude the
City Council of the CITY from adopting and applying New CITY Laws which the City Council
of the CITY finds are reasonably necessary to protect persons on the Property or in the
immediate community, or both, from conditions dangerous to their health or safety
notwithstanding that the applications of such New CITY Laws, or other similar limitation would
result in the impairment of DEVELOPER's Vested Rights under the Agreement or the Existing
Land Use Regulations. In determining whether any such New CITY Laws are reasonably
necessary to protect persons as set forth above, the City Council shall make findings, based on
evidence presented to and accepted by the City Council that the changes are reasonably
necessary to protect the public health or safety. The provisions of this Section 3.5.3 do not apply
to any measure adopted by initiative.
3.10.4 Uniform Construction Codes and Regulations. Policies and rules
governing engineering and construction standards and specifications applicable to public and
private improvements, including all uniform codes adopted by CITY and any local amendments
to those codes adopted by CITY in the future shall apply to the Project and Property.
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3.10.5 Police Power. The Parties acknowledge and agree that CITY can not
M contractually limit its own police power, its power to address actual or potential threats to public
health or safety, including but not limited to environmental regulations (including without
limitation NPDES) or its emergency authority or powers. The foregoing limitations,
reservations, and exceptions are intended to reserve to CITY all of its powers that cannot be
limited. In all respects not provided for in this Agreement, CITY shall retain full rights to
exercise its police powers to regulate development of the Project and Property. Any uses or
development requiring a concept plan, design review, tentative tract map, conditional use pen-nit,
variance, or other Entitlement Approvals in accordance with Existing Land Use Regulations
shall require a permit or approval pursuant to this Agreement and notwithstanding any other
provision set forth herein, this Agreement is not intended to vest DEVELOPER'S right to
issuance of such permit or approval.
3.11 Processing.
3.11 .1 Subdivisions. A subdivision, as defined in Government Code
Section 66473.7, shall not be approved unless a tentative map for the subdivision complies with
the provisions of said Section 66473.7. This provision is included in this Agreement to comply
with Section 65867.5 of the Government Code.
3.11.2 Subsequent Entitlement Approvals. By approving the Project Approvals,
City has made a final policy decision that the Project is in the best interests of the public health,
safety and general welfare. Accordingly, City shall not use its discretionary authority in
considering any application for a Subsequent Approval, including, but not limited to the City's
administrative consideration of planned unit development permits, conditional use permits and
subdivision maps, within the Project Site to change the policy decisions reflected by the Project
Approvals or otherwise to prevent or delay development of the Project as set forth in the Project
Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those
final policy decisions and shall be issued by City so long as they comply with this Agreement
and Applicable Law and are not inconsistent with the Project Approvals as set forth above.
CITY shall employ all lawful actions capable of being undertaken by CITY to promptly (i)
accept all complete applications for Subsequent Entitlement Approvals (collectively,
"Applications") and (ii) process and take action upon Applications in accordance with applicable
law with a goal of completing the review within time frames identified in the DDA; provided
however, that CITY shall not be deemed in default under this Agreement should such time
frame(s) not be met. To the extent that DEVELOPER desires that CITY plan check or process
an Application on an expedited basis and to the extent that it requires an additional expense
beyond the customary expense applicable to the general public, CITY shall inform
DEVELOPER of such additional expense, including the cost of overtime and private consultants
and other third-parties. If acceptable to DEVELOPER, DEVELOPER shall pay the additional
cost and CITY shall use best efforts to undertake the most accelerated processing time as
lawfully possible utilizing overtime and the services of private consultants and third parties to the
extent available. Upon the written request of DEVELOPER, CITY shall inform DEVELOPER
of the necessary application requirements for any requested CITY approval or requirement
relating to the Project. CITY may deny an application for a Subsequent Entitlement Approval
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only if such application does not comply with the DDA, this Agreement or Existing Land Use
Regulations or is materially inconsistent with the Existing Entitlement Approvals.
10
3.11.3 Filings. DEVELOPER shall exercise reasonable efforts to file
applications for permits and Entitlement Approvals within the time frames and schedules as
generally outlined in the DDA and shall exercise reasonable efforts to attempt to obtain permits
and Entitlement Approvals within the time frames identified in the DDA; provided, however,
that failure solely to comply with such time frame(s) shall not be deemed to be a default under
this Agreement.
3.11.4 Cooperation. CITY and DEVELOPER shall cooperate in processing all
applications for permits and approvals for the Project, provided, however, that such cooperation
shall not include any obligation of CITY to incur any un-reimbursed expense, and CITY shall be
entitled, subject to the terms of this Agreement, the DDA and DEVELOPER's rights hereunder,
to exercise all discretion to which it is entitled by law in processing and issuing any permits and
approvals for the Project.
3.11.5 Approvals. Notwithstanding any administrative or judicial proceedings,
initiative or referendum concerning any of the Entitlement Approvals, CITY shall process
applications for permits and approvals as provided herein to the fullest extent allowed by law and
DEVELOPER may proceed with development of the Project pursuant to the DDA, Existing
Land Use Regulations, and Entitlement Approvals to the fullest extent allowed by law.
3.12 Infrastructure and Public Facilities. Construction of infrastructure and public ENRON,
facilities will be as set forth in the DDA. DEVELOPER's payment of park fees pursuant to the
DDA shall be deemed to satisfy any requirement imposed upon DEVELOPER for the dedication
or development of parkland pursuant to the Tustin City Code in connection with development of
the Project and Property.
3.13 Dedications. DEVELOPER acknowledges and agrees that it is required (and will
be required) to dedicate to CITY and other public agencies on the approved parcel map, or in
conjunction with Entitlement Approvals, certain required dedications as required by the DDA,
and Existing Land Use Regulations, or by DEVELOPER pursuant to the FINAL EIS/EIR for the
MCAS Tustin Project, as amended by either supplemental documentation or addendum and as
required by DEVELOPER pursuant to DEVELOPER'S assumption of CITY MCAS Tustin
obligations under the "Agreement Between the City of Irvine and the City of Tustin Regarding
the Implementation, Timing, Funding of Transportation/Circulation Mitigation for the MCAS
Tustin Project" and the "Amendment to the Joint Exercise of Powers Agreement Between the
City of Santa Ana and the City of Tustin Regarding the Tustin-Santa Ana Transportation
Improvement Authority".
3.14 Regulation by Other Public Agencies It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
Project and development of the Property separately from or jointly with CITY and this
Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate
fully, at no out of pocket cost to CITY, with DEVELOPER in obtaining any required permits or
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compliance with the regulations of other public agencies provided such cooperation is not in
conflict with any laws, regulations or policies of CITY.
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3.15 Tentative Tract Map Extension. The tentative parcel map, heretofore or hereafter
approved in connection with development of the Property, shall be eligible for extensions of time
as provided in Government Code Section 66452.6, except that any extension shall be consistent
with any applicable performance schedule as provided or established in the DDA and shall not
be deemed or considered in any way an extension of any DEVELOPER obligations under the
DDA.
4. ANNUAL REVIEW. Timing and Annual Review. The Tustin City Council shall review
DEVELOPER's performance under this Agreement at least every twelve (12) months from the
Effective Date until expiration of the Agreement. In connection with such review, both the
CITY and DEVELOPER shall have a reasonable opportunity to assert matters which either
believes have not been undertaken in accordance with this Agreement, to explain the basis for
such assertion, and to receive from the other party a justification of its position on such matters.
4.1 Review, Procedure. CITY shall provide notice to DEVELOPER and deliver to
DEVELOPER or it successor in interest a copy of all public staff reports, documents and related
exhibits concerning CITY's review of DEVELOPER's performance hereunder at least 30 days
prior to any date proposed for City Council review of performance under the Agreement.
4. 1.1 DEVELOPER or its Successor in Interest shall demonstrate good faith
compliance with the terms of this Agreement and shall furnish evidence of good faith
compliance, as CITY, in its reasonable exercise of its discretion, may require. Evidence of good
faith compliance may include the following:
(a) conformance with the DDA and its scope of development and
schedule of performance;
(b) conformance with the requirements of the Specific Plan; and
CITY. (c) conformance with provisions of this Agreement identified by the
4.1.2 DEVELOPER or its successor in interest shall have the opportunity to
respond to CITY's evaluation of DEVELOPER's performance, either orally or in a written
statement, at DEVELOPER's election.
4.1.3 The City Council may refer the matter to the Planning Commission for
further proceedings or for a report and recommendation.
4.2 Notice of Non-Compliance. If on the basis of the annual review, the CITY
determines, based upon substantial evidence, or at any other time during the term of this
Agreement, either Party concludes that the other party has not complied in good faith with the
terms of this Agreement, then such Party may issue a written "Notice of Non-Compliance"
specifying the grounds therefore and all facts demonstrating such non-compliance. The Party
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receiving a Notice of Non-Compliance shall have forty-five (45) days to respond in writing to
said notice by specifying either how its non-compliance has been cured (or is diligently being
cured) or the grounds upon which it believes that it is complying with this Agreement. The time
I:
frame to respond to a Notice of Non-Compliance may be extended by mutual agreement of the
Parties. If the response to the Notice of Non-Compliance has not been received in the offices of
the Party alleging non-compliance within the prescribed forty-five (45) days, or within such
other period of time as mutually agreed, the Notice of Non-Compliance shall be conclusively
presumed to be valid, and if the non-complying Party is DEVELOPER, the CITY may
commence proceedings on termination or modification of the Agreement pursuant to the Tustin
City Code and Section 4.3 of this Agreement. If the party receiving a Notice of Non-Compliance
responds within the time period provided above, the parties agree to meet in good faith at
reasonable times and from time to time for a period of at least sixty (60) days to arrive at a
mutually acceptable resolution of the matter(s) asserted in the Notice of Non-Compliance and
disputed in the response. If after sixty (60) days, or any extension of time as mutually agreed to
by the Parties, the Parties have failed to arrive at a mutually acceptable resolution of such
matter(s), either Party may pursue any remedy at law or in equity, and the CITY may commence
proceedings on termination or modification of this Agreement pursuant to Sections 9617 and
9618 of the Tustin City Code and Section 4.3 of this Agreement.
4.3 Modification or Termination. If the City Council determines to proceed with
modification or termination of this Agreement after following the procedure for a Notice of
Non-Compliance under Section 4.2 of this Agreement, the City Council shall give notice to
DEVELOPER or successor in interest thereto of its intention to do so. The Notice shall contain
all information required by Tustin City Code Section 9618. At the time and place set for the
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hearing on modification or termination, the City Council may refer the matter back to the
Planning Commission for further proceedings or for a report and recommendation. The City
Council may take such action as it deems necessary to protect the interests of the CITY,
including but not limited to, the receipt of additional evidence as to DEVELOPER's compliance
with the terms of this Agreement. The decision of the City Council shall be final, subject only to
judicial review pursuant to California Code of Civil Procedure Section 1094.5(b).
4.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic review,
DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request of
the DEVELOPER, issue a Certificate of Compliance (the "Certificate") to DEVELOPER stating
that after the most recent periodic review and based upon the information known or made known
to the City Council that: (1) this Agreement remains in effect, and (2) DEVELOPER is not in
default. The Certificate shall be in recordable form, shall contain information necessary to
communicate constructive record notice of the finding of compliance, and shall state the
anticipated date of commencement of the next periodic review. DEVELOPER may record the
Certificate with the County Recorder.
5.1 Default Procedure. In addition to procedures identified in Section 4.2 and/or 4.3
of this Agreement, a non-defaulting party (the "Non-Defaulting Party") at its discretion may
elect to declare a default under this Agreement in accordance with the procedures hereinafter set
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forth for any failure or breach of any other Party ( "Defaulting Party ") to perform any material
duty or obligation of said Defaultin g Part accordance with the terms of this Agreement and
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provided the Notice of Non-Compliance procedures in Section 4.2 have first been exhausted.
However, the Non - Defaulting Party must provide written notice to the Defaulting Party setting
forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party
to cure such breach or failure. The Defaulting Party shall be deemed to be in "default" of its
obligations set forth in this Agreement if the Defaulting Party has failed to take action and cure
the default within ten (10) days after the date of such notice (for monetary defaults) or within
thirty (30) days after the date of such notice (for non - monetary defaults). If, however, a non-
monetary default cannot be cured within such thirty (30) day period, as long as the Defaulting
Party does each of the following:
(a) notices the Non - Defaulting Party in writing with a reasonable explanation
as to the reasons the asserted default is not curable within the thirty (30) day period;
(b) notifies the Non- Defaulting Party in writing of the Defaulting Party's
proposed course of action to cure the default;
(c) promptly commences to cure the default within the thirty (30) day period;
(d) makes periodic written reports to the Non - Defaulting Party as to the
progress of the program of cure, and:
(e) diligently prosecutes such cure to completion,
then the Non - Defaulting Party shall grant in writing the Defaulting Party such additional time
as determined by the Non - Defaulting Party as reasonably necessary to cure such default.
5.2 Default Remedies. After complying with Section 5. 1, in the event of an uncured
default, the Non - Defaulting Party, at its option, may institute legal action to cure, correct or
remedy such default, enjoining any threatened or attempted violation, enforce the terms of this
Agreement by specific performance, or pursue any other legal or equitable remedy.
Furthermore, CITY, in addition to or as an alternative to exercising the remedies in this
Section 5.2, in the event of a material default by DEVELOPER, may give notice of its intent to
terminate or modify this Agreement pursuant to Section 4.3, in which event the matter shall be
scheduled for consideration and review by the City Council in the manner set forth in Tustin City
Code Section 9618. The decision of the City Council shall be final, subject only to judicial
review pursuant to California Code of Civil Procedure Section 10945(b).
5.3 DEVELOPER'S Remedies. In the event that the CITY is in material default
under this Agreement, the DEVELOPER shall be entitled to any or all of the following remedies:
(1) Seeking mandamus or special writs, injunctive relief, or specific performance of this
Agreement; (2) Modifications or termination of this Agreement; or (3) Seeking any other remedy
available at law or in equity, provided, however, except as provided in Section 8.10 below, the
DEVELOPER agrees and covenants on behalf of itself and it successors and assigns, not to sue
CITY for damages or monetary relief for any breach of this Agreement or arising out of or
connected with any dispute, controversy or issue regarding the application or effect of this
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Agreement, or for consequential damages arising out of or connected with any dispute, 90
controversy, or issues regarding the application or effect of the Existing Land Use Regulations,
or any Development Permits or Entitlement Approvals sought in connection with development or
use of the Property or Project, or any portion thereof. DEVELOPER acknowledges that the
CITY would not have entered into this Agreement if the CITY could be held liable for general,
special or compensatory damages for any default or breach arising out of this Agreement and
that DEVELOPER has adequate remedies other than general, special or compensatory damages,
to secure the CITY's compliance with its obligations under this Agreement. Therefore,
DEVELOPER agrees that the CITY, its officers, employees and agents shall not be liable for any
general, special or compensatory damages and that this section shall apply to any successor,
assignee or transferee of the DEVELOPER.
5.4 Third Party Legal Challenges. In the event of any legal action instituted by a third
party challenging the validity or enforceability of any provision of this Agreement, the Existing
Land Use Regulations, the DDA (including without limitation the Development Plan), or
Entitlement Approvals for the Project ("Third Party Challenge"), DEVELOPER shall have the
right but not the obligation to defend any Third Party Challenge, at its expense. DEVELOPER,
in defending any Third Party Challenge shall further have the right to settle such Third Party
Challenge, provided that nothing herein shall authorize DEVELOPER to settle such Third Party
Challenge on terms that would constitute an amendment or modification of this Agreement, the
Existing Regulations, or Development Plan unless such amendment or modification is approved
by the CITY in accordance with applicable legal requirements, and CITY reserves its full
legislative discretion with respect thereto. CITY shall not incur any costs or take any actions to
defend such Third Party Challenge without DEVELOPER's approval. DEVELOPER shall also
indemnify and hold harmless the CITY and its agents, officials and employees from and against
all claims, losses, or liabilities assessed or awarded against the CITY by way of judgment,
settlement, or stipulation.
6. INDEMNITY BY DEVELOPER. DEVELOPER agrees to indemnify, defend, and hold
harmless CITY, CITY's designees, and their respective elected and appointed officials, boards,
commissions, agents, contractors, and employees from and against any and all actions, suits,
claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited
to attorney's fees and costs) which may arise, directly or indirectly, from the acts, omissions, or
operations of DEVELOPER or DEVELOPER's agents, contractors, subcontractors, agents, or
employees pursuant to this Agreement, but excluding any loss resulting from the intentional or
active negligence of the CITY, CITY's designee, or each of their respective elected and
appointed officials, boards, commissions, officers, agents, contractors, and employees.
DEVELOPER shall select and retain counsel reasonably acceptable to the CITY to defend any
action or actions and DEVELOPER shall pay the cost thereof. The indemnity provisions set forth
in this Agreement shall survive termination of the Agreement.
7. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not
prevent or limit DEVELOPER, in any manner, from encumbering the Property or any portion
thereof or any improvement thereon by any mortgage, deed of trust or other security device
securing financing with respect to the Property, subject to any terms or provisions of the DDA to
the extent relating to the encumbrance of the Property by any mortgage, deed of trust or other
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533339.1
z security device. Any Mortgagee of the Property shall be entitled to the following rights and
privileges:
(a) This Agreement shall be superior to the lien of any mortgage.
Notwithstanding the foregoing, neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the
Property made in good faith and for value, unless otherwise required by law, and any acquisition
or acceptance of title or any right or interest in or with respect to the Property or any portion
thereof by a mortgagee (whether pursuant to foreclosure, trustee's sale, deed in lieu of
foreclosure, lease termination or otherwise) shall be subject to the terms and conditions of this
Agreement and any such mortgagee who takes title to the Property or any portion thereof shall be
entitled to benefits arising under this Agreement.
(b) Each Mortgagee of any mortgage or deed of trust encumbering the
Property, or any part thereof, shall upon written request in writing to CITY, be entitled to receive
written notice from CITY of results of the Annual Review and of any default by DEVELOPER
in the performance of DEVELOPER's obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of
any notice of default given to DEVELOPER under the terms of this Agreement, CITY shall
provide a copy of that notice to the Mortgagee concurrently with delivery of the notice of default
to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default
during the remaining cure period allowed such party under this Agreement (including any
extended cure period necessary in order to allow the Mortgagee to obtain title to the Property and
cure the default).
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have
an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or
other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance;
except that (i) the Mortgagee shall have no right to develop the Property without fully complying
with the terms of this Agreement, the DDA, Existing Land Use Regulations and Entitlement
Approvals and (ii) to the extent that any covenant to be performed by DEVELOPER is a
condition precedent to the performance of a covenant by CITY, the performance thereof shall
continue to be a condition precedent to CITY's performance hereunder.
Notwithstanding anything to the contrary contained above in this Section, any Mortgagee
shall be subject to all of the terms of the DDA, to the extent applicable pursuant to the DDA to
such Mortgagee. CITY's terms are subject to lender review.
8. MISCELLANEOUS PROVISIONS.
8.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Orange County Recorder by the City Clerk within ten (10)
days after CITY executes this Agreement, as required by Section 65868.5 of the Government
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533339.1
Code. If the parties to this Agreement or their Successors in Interest amend or cancel this
Agreement as provided for herein and in Government Code Section 65868, or if CITY
terminates or modifies this Agreement as provided for herein and in Government Code Section
65865.1 for failure of DEVELOPER to comply in good faith with the terms or conditions of this
Agreement, the City Clerk shall have notice of such action recorded with the Orange County
Recorder.
8.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the parties with respect to the matters set forth herein, and there
are no oral or written representations, understandings or ancillary covenants, undertakings or
agreements which are not contained or expressly referred to herein. No testimony or evidence of
any such representations, understandings or covenants shall be admissible in any proceeding of
any kind or nature to interpret or determine the terms or conditions of this Agreement.
8.3 Severability. If any term, provision, covenant or condition of this Agreement
shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are not rendered impractical to perform
taking into consideration the purposes of this Agreement.
8.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the internal laws of the State of
California without reference to choice of law or conflicts of law provisions. This Agreement
shall be construed as a whole according to its fair language and common meaning to achieve the MINE,,
objectives and purposes of the parties hereto, and the rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not be employed in interpreting this 6110
Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof. The decision of the City Council shall be final, subject only to judicial review pursuant
to California Code of Civil Procedure Section 1094.5(b).
8.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
8.6 Singular and Plural. As used herein, the singular of any word includes the plural.
8.7 Time of Essence. Subject to the following sentence, time is of the essence in the
performance of each provision of this Agreement. Whenever action must be taken (including the
giving of notice or the delivery of documents) under this Agreement during a certain period of
time or by a particular date that ends or occurs on a non-business day, then such period or date
shall be extended until the immediately following business day. As used herein, "business day"
means any day other than Saturday, Sunday or a federal or California state holiday.
8.8 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights
upon the default of the other party, shall not constitute a waiver of such party's right to insist and
demand strict compliance by the other party with the terms of this Agreement thereafter.
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533339.1
8.9 No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the parties and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
8.10 Attorneys Fees. If legal action is commenced to enforce or to declare the effect of
any provision of this Agreement, the prevailing party shall be entitled to recover from the non-
prevailing party actual and reasonable attorneys' fees and other litigation costs. In addition to
the foregoing award of attorneys' fees and other litigation costs to the prevailing party, the
prevailing party in any lawsuit or reference proceeding on this Agreement shall be entitled to its
attorneys' fees and other litigation costs incurred in any post judgment proceedings to collect or
enforce the judgment. This provision is separate and several and shall survive the merger of this
Agreement into any judgment on this Agreement. This provision shall survive termination of
this Agreement.
8.11 Force Majeure.
8.11 .1 Time periods for performance of any obligations under this Agreement
may be extended for Force Majeure, except that in no event, shall the Term of this Agreement be
extended by an event of Force Majeure Delay.
8.11.2 In the event of a lawsuit, referendum, or initiative which constitutes a
Force Majeure Delay and which directly affects the ability of the claiming Party to meet its non-
monetary obligations under this Agreement, including the deadlines imposed by the DDA
Schedule of Performance or the ability of the DEVELOPER to Complete the Project for a period
t7l of more than two years, the Parties shall meet and confer on mutually acceptable ways or
modifications to the Project to proceed with development thereof notwithstanding such lawsuit,
referendum or initiative. In the event that the Parties are unable to agree, the question of whether
the extension of such period of Force Majeure Delay beyond two years is reasonable under the
circumstances will be presented to the City Council (with reasonable notice to and an
opportunity to be heard by the DEVELOPER). The City Council may then decide based on its
good faith deliberations to either permit the extension of such period of Force Majeure Delay or
proceed with its remedies under this Agreement. The decision of the City Council shall be final,
subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b).
8,11.3 If any Party (the "First Party") believes that an extension of time is due to
Force Majeure Delay, it shall notify the other Party (the "Second Party") in writing within thirty
(30) calendar days from the date upon which the First Party becomes aware of such Force
Majeure Delay, describing the Force Majeure Delay, when and how the First Party obtained
knowledge thereof, the date the event commenced, the steps the First Party anticipates taking to
respond to such Force Majeure Delay, and the estimated delay resulting from such Force
Majeure Delay and response. The extension for Force Majeure Delay shall be granted or denied
in the Second Party's reasonable discretion. If the First Party fails to notify the Second Party in
writing of its request for a given Force Majeure Delay within the thirty (30) calendar days
specified above, there shall be no extension for such Force Majeure Delay.
8.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all Successors in Interest to the parties to this
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Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land. Each covenant to do or refrain from doing some act
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hereunder with regard to development of the Property: (a) is for the benefit of and is a burden R
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upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) IN
is binding upon each party and each successor in interest during ownership of the Property or any
portion thereof.
8.13 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same affect as if all of the parties
had executed the same instrument.
8.14 Jurisdiction and Venue. Subject to the provisions of Section 5.3 above, any action
at law or in equity arising under this Agreement or brought by a party hereto for the purpose of
enforcing, construing or determining the validity of any provision of this Agreement shall be
filed and tried in the Superior Court of the County of Orange, State of California, or the United
States District Court for the Central District of California, Santa Ana Division, and the parties
hereto waive all provisions of law providing for the filing, removal or change of venue to any
other court.
8.15 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that
neither party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement. No partnership, joint venture or other association of any kind is formed by this t
Agreement. The only relationship between CITY and DEVELOPER is that of a government
entity regulating the development of private property and DEVELOPER of such property.
8.16 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terms of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
8.17 Estoppel Certificate. Any party hereunder, may at any time, deliver a written
notice to the other party requesting such Party to certify in writing that, to the best knowledge of
the certifying party: (i) this Agreement is in full force and effect and a binding obligation of the
party; (ii) this Agreement has not been amended or modified either orally or in writing, or if so
amended, identifying the date and nature of the amendments to this Agreement, but it remains in
full force and effect as modified, and a continuing binding obligation of the party; and (iii) the
requesting party is not in default in performance of their obligations set forth in the Agreement,
or if the party is in default, provide a description thereof of the nature of such default(s). A party
receiving a request hereunder shall execute and return such certificate within thirty (30) days
y
following receipt thereof. Any third party, including a mortgagee shall be entitled to rely on the MEN
27
533339.1
certificate. DEVELOPER shall pay to CITY all costs incurred by CITY in connection with the
issuance of estoppel certificates.
8.18 Authority to Execute. The person or persons executing this Agreement on behalf
of each party warrants and represents that he or she /they have the authority to execute this
Agreement on behalf of such party and warrants and represents that he or she /they has /have the
authority to bind such party to the performance of its obligations hereunder.
533339.1
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
M
SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year set forth below.
ATTEST:
By:
Pamela Stoker
City Clerk
Dated:
APPROVED AS TO FORM
"CITY"
City of Tustin, California
By:
Jeffrey C. Parker, City Manager
R EWRI
Office of the City Attorney
L11
By:
David E. Kendig, Esq
533339.1
a
By: The Irvine Company, LLC, a California and
Delaware limited liability company
W,
By: _
Name:
Its:
By: _
Name:
Its:
MEN
113111
OVER
EXHIBIT "A"
TO DEVELOPMENT AGREEMENT
Legal Description of Property
< Same Legal as applied to DDA should be attached since obligations go beyond Developer
property but to Project>>
533339,1
[to be inserted/attached]
Exhibit A
EXHIBIT "B"
TO DEVELOPMENT AG. 1JEJ
Map showing Property and its location
[to be inserted/attached]
N ANOWN
UNN
Ur
Exhibit B
533339.E
Attachment 2
Housing and Regulatory Agreement
ATTACHMENT 2 OF RESOLUTION NO. 4206 WILL BE
PROVIDED UNDER SEPARATE COVER
rm"El
fi
ff
Attachment 3
Environmental Analysis Checklist
IBM-
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
ENVIRONMENTAL ANALYSIS CHECKLIST
For Projects With Previously Certified/Approved Environmental Documents:
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.
Hyxolll I
Project Title(s): Proposed development of Tustin Legacy Disposition Package 2A — 533 multi-
family residential apartment homes. The proposal requests City of Tustin
consideration of Development Agreement (DA) 2012-001, Concept Plan (CP) 2012-
002, Design Review (DR) 2012-004, Density Transfer, Density Bonus, Concessions or
Incentives authorized under Tustin City Code Section 9123 related to the provision of
affordable housing units in compliance with California Government Code Sectio1v
65915(1), and Parcel Map (PM) 2012-136.
Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780
Lead Agency Contact Person: Dana L. Ogdon, AICP Phone: (714) 573-3109
Project Location: Disposition Package 2A is a triangular-shaped parcel of 21.735 acres (gross)
within Planning Area 13 of Neighborhood D, MCAS-Tustin Specific Plan (Tustin
Legacy), bounded by future Warner Avenue on the north, future Park Avenue on
the south, and existing Tustin Ranch Road on the east.
Project Sponsor's Name and Address: The Irvine Company, LLC
c/o Mr. Bryan Austin, Vice President Project Management
550 Newport Center Drive
Newport Beach, CA 92660
General Plan Designation: MCAS Tustin Specific Plan
Zoning Designation: MCAS Tustin Specific Plan, Community Core, Planning Area 13, which allows
Medium -High Density Residential at 16-25 dwelling units per acre.
Project Description: Development Agreement (DA) 2012-001, Concept Plan (CP) 2012-002, Design Review I
(DR) 2012-004, Density Transfer, Density Bonus, Concessions or Incentives authorized
under Tustin City Code Section 9123 related to the provision of affordable housing units
in compliance with California Government Code Section 65915(1), and Parcel Map (PM)
2012-136 for (MCAS Tustin Planning Area 13) for the purpose of developing 533
multi - family residential apartment homes including 157 affordable units (53 very
low income, 53 low income and 51 moderate income), which qualifies the project
for a density bonus concessions or incentives authorized under Tustin City Code
Section 9123 related to the provision of affordable housing units in compliance
with California Government Code Section 65915(1). In addition the
project
applicant has partnered with St. Anton Partners, LLC, an affordable housing
provider approved by the City of Tustin to develop Disposition Package 1 A -North
in Planning Area 15, and requested the transfer of 120 of the 157 affordable
housing units from Disposition Package 2A to Disposition Package IA-North
with 120 market rate units requested to be transferred from Disposition Package
IA-North to Disposition Package 2A. Should the Tustin City Council approve
the transfer request, the proposed development of Disposition Package 2A would
include 37 moderate unit income units and 496 market rate units (for a total of
533 residential apartment units), and the proposed development of Disposition
Package IA -North would include a total of 225 affordable residential apartment
units (88 very low income, 73 low income, and 64 moderate income). The
proposed use is consistent with the approved Specific Plan.
Surrounding Uses: North: Vacant — MCAS Tustin Planning Area 8, Community Core.
East: The District (regional shopping center), Tustin Legacy
South/West: Vacant — MCAS Tustin Planning Area 14, Community Core
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
urn}
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
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 ❑Hazards and Hazardous Materials
❑Population and Housing [Noise
❑Geology and Soils ❑Public Services
❑Hydrology and Water Quality
]Air Quality Utilities and Service Systems
[]Aesthetics
❑Transportation & Circulation ❑Cultural Resources
❑Biological Resources [Recreation
❑Mineral Resources []Mandatary Findings of
[]Agricultural Resources Significance
C. DETERMINATION:
On the basis of this initial evaluation:
E] I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
E] 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.
Q I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
1 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.
Z 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 BE
proposed project.
El 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.
Preparer: 0, . 0,--a , 6,
Dana L. Ogdon, AICP, ss stant Director
Elizabeth A. Binsack, Community Development Director
D. EVALUATION OF ENVIRONMENTAL IMPACTS
See Attached
Date:
Date
ONN
Vin'
EVALUATION OF VriJ%)'irnr)NMENTAL IMPACTS
If. 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
No Substantial
-L-A_.ESTHET1CS -Would the project:
New
Significant
More
Severe
Change From
Previous
Impact
Impacts
Anal
Analysis
El
a) Have a substantial adverse effect on a scenic vista?
F1
❑
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?
El
Z
b) Substantially damage scenic resources, including, but not
criteria established by the applicable air quality management
or air Pollution control district may be relied upon to make the
limited to, trees, rock outcroppings, and historic buildings
following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable
within a state scenic highway?
❑ 0
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
0 Substantially degrade the existing visual character or
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed
quality of the site and its surroundings?
quantitative thresholds for ozone precursors)?
NO
74) Expose sensitive receptors to substantial pollutant
concentrations?
❑ El Z
e) Create objectionable odors affecting a substantial number
of people?
d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
❑
❑
If. 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
P rogram of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
El
❑
c) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use?
III. AIR QUALITY: Where available, the significance
criteria established by the applicable air quality management
or air Pollution control district may be relied upon to make the
following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable
air quality plan?
❑ 0
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)?
NO
74) Expose sensitive receptors to substantial pollutant
concentrations?
❑ El Z
e) Create objectionable odors affecting a substantial number
of people?
❑ ❑
IV. 131 )LOGICAL 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?
C) 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?
V1. 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
Significant Severe Previous
Impact Impacts Analysis
R 1-1 z
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MEN
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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.
No Substantial
New More Change From
Significant Severe Previous
—
Impact Impacts .-Analysis
❑ ❑
a) Create a significant hazard to the public or the
ii) Strong seismic ground shaking?
Z
iii) Seismic-related ground failure, including liquefaction?
❑
hazardous materials?
Z
❑
iv) Landslides?
❑
❑
Z
b) Result in substantial soil erosion or the loss of topsoil?
accident conditions involving the release of hazardous
c) Be located on a geologic unit or soil that is unstable, or
materials into the environment?
that would become unstable as a result of the project, and
c) Emit hazardous emissions or handle hazardous or acutely
potentially result in on- or off -site landslide, lateral spreading,
hazardous materials, substances, or waste within one-quarter
subsidence, liquefaction or collapse?
❑
Z
d) Be located on a site which is included on a list of
d) Be located on expansive soil, as defined in Table 18 -1 -B
hazardous materials sites compiled pursuant to Government
of the Uniform Building Code (1994), creating substantial
Code Section 65962.5 and, as a result, would it create a
risks to life or property?
significant hazard to the public or the environment?
El
Z
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?
❑
❑
0
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?
El
❑
e) For a project located within an airport land use plan or,
mma' where such a plan has not been adopted, within two miles of a
ININ
I
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?
❑ ❑ 19
❑ . ❑ 0
9) 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?
VIM HY QLA.LITY. —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 after 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?
0 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,
injury 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 Substantiai
New More Change From
Significant Severe Previous
Impact Impacts _.L Analysis
❑ ❑ 0
1:1 ❑ 0
❑ ❑ Z
FI
D
❑
❑
0
❑
- 11
❑
IM
IME,
01-1,1110
❑
❑
0
❑
❑
❑
❑
❑
005
- 11
❑
IM
IME,
01-1,1110
No Substantial
New More Change From
MOTOR
b) Conflict with any applicable land use plan, policy, or
regulation
Significant Severe Previous
Impact Impacts Analysis
M 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?
0 E
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 a locally- important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
XI. NOISE —
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
-a
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?
Q
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
F
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?
I) 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?
X11. POPULATION AND HOUSING — Would the project:
gago a) Induce substantial population growth in an area, either
�rr directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
El 2
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
® EJ
X111. 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?
❑
❑
No Substantial
New
More
Change From
Significant
Severe
Previous 1-1
Impact
Impacts
An&Sis IMM
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? M
❑
X111. 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?
❑
❑
M
❑
❑
❑
❑
0
EJ
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
0
❑
❑
❑
❑
❑
❑
0
ITEMS
NUNN-,
0 FIRS
-1
No Substantial
New More Change From
Significant Severe Previous
g) Conflict with adopted policies, plans, or programs
Impact Impacts Analysis
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
XVI. UTILITIES AND SERVICE SYSTEMS —
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
FJ
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?
EJ El z
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?
F1
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?
XVIL 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?
El
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)?
EJ
c) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
El IN
EVALUATION OF ENVIRONMENTAL IMPACTS
DEVELOPMENT AGREEMENT 2012-001, CONCEPT PLAN 2012-002, DESIGN REVIEW
(DR) 2012-004, DENSITY TRANSFER, DENSITY BONUS, CONCESSIONS OR INCENTIVES
AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION
OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65915(1), AND PARCEL MAP (PM) 2012-136 FOR THE PROPOSED
DEVELOPMENT OF TUSTIN LEGACY DISPOSITION PACKAGE 2A - 37 MODERATE UNIT
INCOME UNITS AND 496 MARKET RATE UNITS (FOR A TOTAL OF 533 RESIDENTIAL
APARTMENT UNITS)
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 April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the
FEIS/EIR. And, 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 (collectively, "Prior
Environmental Review"). 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.
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 a multi-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.
The project site is approximately 21.735 acres (gross) located within the MCAS Tustin Specific
Plan boundaries affecting only Disposition Package 2A, which is an irregular parcel within
Planning Area 13 of Neighborhood D. The project site is bounded by future Warner Avenue on
the north, future Park Avenue on the south, and existing Tustin Ranch Road on the east.
The proposed development of Tustin Legacy Disposition Package 2A is to construct 533 multi-
family residential apartment homes ("Project"). The proposal requests City of Tustin
consideration of Development Agreement (DA) 2012-001, Concept Plan (CP) 2012-002, Design
Review (DR) 2012-004, Density Transfer, Density Bonus, Concessions or Incentives authorized
under Tustin City Code Section 9123 related to the provision of affordable housing units in
compliance with California Government Code Section 65915(1), and Parcel Map (PM) 2012-
136.
The Project proposes to develop 533 multi-family residential apartment homes including 157
affordable units (53 very low income, 53 low income and 51 moderate income), which qualifies
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PRE1 the Project for a density bonus concessions or incentives authorized under Tustin City Code
SS Section 9123 related to the provision of affordable housing units in compliance with California
Government Code Section 65915(1). In addition, the Project applicant has partnered with St.
Anton Partners, LLC, an affordable housing provider approved by the City of Tustin to develop
Disposition Package 1A-North in Planning Area 15, and requested the transfer of 120 of the 157
affordable housing units from Disposition Package 2A to Disposition Package 1A-North with 120
market rate units requested to be transferred from Disposition Package 1A-North to Disposition
Package 2A. Should the Tustin City Council approve the transfer request, the proposed
development of Disposition Package 2A would include 37 moderate unit income units and 496
market rate units (for a total of 533 residential apartment units), and the proposed development
of Disposition Package 1A-North would include a total of 225 affordable residential apartment
units (88 very low income, 73 low income, and 64 moderate income). The proposed use is
consistent with the approved Specific Plan. The final propose allocation of units is as follows:
PROPOSED ALLOCATION
1A-North 2A
Totals
Ve Low
88 0
88
Low
73 0
73—
Moderate
64 37
I
101
Sub-Total
—Market
225 37
262
0 496
496
Total
225 53-3
758
In accordance with the MCAS Tustin Specific Plan, Planning Area 13 allows Medium-High
Density Residential at 16-25 dwelling units per acre. The Project proposes a density of 25
zlwYF
dwelling units per acre. Due to the fact that the Site 2A/Site 1A-North projects propose 262 of
758 total units as affordable rental units (35%), the combined projects include (and qualify for) a
request for density bonus, concessions or incentives authorized under Tustin City Code Section
9123 related to the provision of affordable housing units in compliance with California
Government Code Section 65915(1).
An Environmental Analysis Checklist has been completed and it has been determined that this
Project is within the scope of the Prior Environmental Review and that pursuant to Public
Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162
and 15168(c), there are no substantial changes in the project requiring major revisions to the
Prior Environmental Review , substantial changes with respect to the circumstances under
which the project is being undertaken which will require major revisions to the Prior
Environmental Review, or any new information which was not known and could not have been
known at the time the Prior Environmental Review was certified showing that: (1) the project will
have any new significant effects; (2) significant effects previously examined will be substantially
more severe; (3) mitigation measures or alternatives previously determined to be infeasible will
now be feasible and would substantially reduce one or more significant effects of the project but
the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or
alternatives considerably different from those previously analyzed would substantially reduce
one or more significant effects on the environment, but the City declined to adopt the mitigation
measure or alternative.. Accordingly, no new environmental document is required by CEQA.
The following information provides background support for the conclusions identified in the
Environmental Analysis Checklist.
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1. 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?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The project
is not located on a scenic highway nor will it affect a scenic vista. The development of
residential apartment units within Planning Area 13 were considered within the FEIS/EIR
and will have no negative aesthetic effect on the site when mitigation measures identified
in the FEIS/EIR are incorporated with approval of the project. All exterior design is
required to be in compliance with Section 2.17.3(A) — Urban Design Guidelines for
Residential Development of the MCAS Tustin Specific Plan, and the Landscape Concept
Section 2.17.2 as it relates to Warner Avenue, Park Avenue, and existing Tustin Ranch
Road on the east. and primary street corners and project entries. The proposal includes a
design review and concept plan application, which requires that the Planning Commission
and City Council review and ensure the design of the project, if approved, is found to be
cohesive and in harmony with surrounding uses. All exterior lighting would be designed to
reduce glare, create a safe night environment, and avoid impacts to surrounding
properties in compliance with Section 2.17.3 (A) of the MCAS Tustin Specific Plan and the
City's Security Ordinance. The proposed project will result in no substantial changes to
the environmental impacts previously evaluated with the certified Program FEIS/EIR, the
Supplemental and Addendum.
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 effects or mitigation measures or
alternatives that were not known and could not have been known when the FEIS/EIR,
the Supplemental or Addendum were certified as completed.
MitigationlMonitoring 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
111
refinements related to the Project are necessary to the FEIS/EIR mitigation measures 13
10
and no new mitigation measures are required. Mitigation measures were adopted by the
Tustin City Council in the FEIS/EIR, Addendum and Supplement; and applicable measures
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882604.1
will be required to be complied with as conditions of entitlement approvals for future
development of the site.
Sources: Field Observations
FEIS/EIR for Disposal and Reuse of IVICAS Tustin (Page 3-84, 4-109
through 114) and Addendum (Page 5-3 through 5-8)
IVICAS 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
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?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. As
documented in the FEIS/EIR, the project site is part of IVICAS Tustin Specific Plan that
contained 702 acres of farmland. The FEIS/EIR concluded that there would be no viable
long-term mitigation to off-set the impact of converting farmland on IVICAS Tustin to urban
uses.
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 effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplemental or Addendum were certified as completed.
MitigationlMonitoring Required., Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that
Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A
Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City
Council on January 16, 2001.
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Sources: Field Observations
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-37 to 3-54) ury
MCAS Tustin Specific Plan
Tustin General Plan
Ill. 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?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. As
documented in the FEIS/EIR, the project is part of a larger reuse project at Tustin Legacy
that was projected to result in air quality impacts that cannot be fully mitigated. A
Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City
Council on January 16, 2001. The site is presently not in use. The project applicant
proposes to construct within the maximum allowable density of the site (16-25 dwelling
units). Therefore, no significant impact beyond what was analyzed in the adopted
FEIS/EIR is anticipated. Although the project is within the maximum density, the project
(St. Anton's proposed development of Disposition Site IA-North and The Irvine Company's
proposed development of Disposition Site 2A) is proposing 262 affordable units and
qualifies for density bonus and concessions or incentives. The City must support density
bonus requests, concessions or incentives when projects provide affordable housing
units in compliance with California Government Code Section 65915(1), as authorized
under Tustin City Code Section 9123.
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.
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MitigationlMonitoring Required. Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that
Reuse Plan related operational air quality impacts were significant and impossible to fully
mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the
Tustin City Council on January 16, 2001.
Sources: Field Observations
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143
through 153, 4-207 through 4-230 and pages 7-41 through 7-42)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54)
Table 2, 1993 South Coast Air Quality Management District, CEQA Air
Quality Handbook
Tustin General Plan
IV. BIOLOGICAL RESOURCES: - Would the project:
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive
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?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The
FEIS/EIR found that implementation of the Reuse Plan and MCAS Tustin Specific Plan
would not result in impacts to federally listed threatened or endangered plant or animal
species. The proposed project is within the scope of development considered with the
analysis of the FEIS/EIR, the Supplemental and Addendum for MCAS Tustin. The
FEISIEIR determined that implementation of the Reuse Plan and MCAS Tustin Specific
Plan (including the proposed project) could impact jurisdictional waters/wetlands and the
southwestern pond turtle or have an impact on jurisdictional waters/wetlands. The project
site has been surveyed, and turtles were captured and moved off the site to another
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location as directed and overseen by the California Department of Fish and Game, Since
C
that time, all former Marine Corps base drainage channels in the area were removed and
NOW
graded by the former owner of the property with the required 401, 404 and 1601 permits
MEMO
1-
issued by Fish and Game, Army Corps of Engineers, and Regional Water Quality Control
Board. Consequently, the proposed project would not affect the southwestern pond turtle
or have an impact on jurisdictional waters or wetlands. No substantial change is expected
from the analysis previously completed in the FEIS/EIR for MCAS Tustin.
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.
MitigationlMonitoring Required. No mitigation is required.
Sources: Field Observations
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3-
82, 4-103 through 4-108, and 7-26 through 7-27)
MCAS Tustin Specific Plan (Pages 3-38 to 3-54).
Tustin General Plan
V. CULTURAL RESOURCES: - Would the project:
a) Cause a substantial adverse change in the significance of a historical resource
as defined in §15064.6?
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?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan.
It should be noted that the former MCAS Tustin contained two National Register listed
blimp hangars, and several concrete or asphalt blimp landing pads that were considered
historically or culturally significant, pursuant to the federal Section 106 process
conducted at the site. Through the Section 106 process, these facilities were identified as
part of a discontiguous Historic District. The Navy, State Office of Historic Preservation
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(SHPO), and Advisory Council executed a Memorandum of Agreement (attached as part of
the EIS/EIR) with City of Tustin and County of Orange as invited signatories that allowed for
the destruction of the blimp pads. The EIS/EIR noted that it may not be financially feasible
to retain the blimp hangers and there may be irreversible significant impacts. A Statement
of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on
January 16, 2001. Consistent with the above referenced agreement, the previous owner of
the property removed the blimp pad from the project site and leveled the property.
However, no portion of the previously existing blimp landing pads nor the existing blimp
hangars are located within the project site boundary.
Numerous archaeological surveys have been conducted at the former MCAS Tustin site.
In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that
all open spaces on MCAS Tustin had been adequately surveyed for archaeological
resources. Although one archaeological site (CA-ORA-381) has been recorded within the
Reuse Plan area, it is believed to have been destroyed. It is possible that previously
unidentified buried archaeological or paleontological resources within the project site could
be significantly impacted by grading and construction activities. With the inclusion of
mitigation measures that require construction monitoring, potential impacts to cultural
resources can be reduced to a level of insignificance. No substantial change is expected
from the analysis previously completed in the FEIS/EIR for MCAS Tustin.
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 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.
MitigatiOnIMOn#Ofing Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3-
74, 4-93 through 4-102 and 7-24 through 7-26)
MCAS Tustin Specific Plan (Pages 3-38 to 3-54).
Tustin General Plan
V11. 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
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for the area or based on other substantial evidence of a known fault? Refer F
to Division of Mines and Geology Special Publication 42. NO
• 's
Strong seismic ground shaking?
0 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?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The
FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the
Reuse Plan and WAS Tustin Specific Plan would "include non-seismic hazards (such as
local settlement, regional subsidence, expansive soils, slope instability, erosion, and
MEMO,
mudflows) and seismic hazards (such as surface fault displacement, high -intensity ground
WEIRIN
shaking, ground failure and lurching, seismically induced settlement, and flooding
associated with dam failure." However, the FEIS/EIR for WAS Tustin also concluded that
compliance with state and local regulations and standards, along with established
engineering procedures and techniques, would avoid unacceptable risk or the creation of
significant impacts related to such hazards. No substantial change is expected for
development of the project from the analysis previously completed in the FEIS/EIR for
WAS Tustin.
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 effects or mitigation measures or
alternatives that were not known and could not have been known when the FEIS/EIR,
the Supplemental or Addendum were certified as completed.
F
MitigatiorWonitoring Required. As identified in the FEIS/EIR, compliance with existing rules
and regulations would avoid the creation of potential impacts. No mitigation is required.
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Sources: Field Observations
FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -88 through 3-
97, 4 -115 through 4 -123 and 7 -28 through 7 -29)
MCAS Tustin Specific Plan (Pages 3 -38 to 3 -54).
Tustin General Plan
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 wildiands are adjacent to urbanized
areas or where residences are intermixed with wildiands?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The project
will not create a significant hazard to the public through the transport, use, or disposal of
hazardous materials, nor are there reasonably foreseeable upset and accident conditions
at the property. In addition, construction and residential uses would not emit hazardous
emissions within a quarter mile of an existing or proposed school. The Navy conveyed the
property in 2002 as unrestricted and suitable for residential reuse.
In addition, the project site is located within the boundaries of the Airport Environs Land
Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie
s within a flight approach or departure corridor and thus does not pose an aircraft - related
safety hazard for future residents or workers. The project site is also not located in a
wildland fire danger area. Compliance with all federal, state and local regulations
concerning handling and use of household hazardous substances will reduce potential
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impacts to below a level of significance. No substantial change is expected from the
analysis previously completed in the FEIS /EIR for MCAS Tustin.
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 effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS /EIR, the Supplemental or Addendum were certified as completed.
MitigationlMonitoring Required As identified in the FEIS /EIR, compliance with existing rules
and regulations would avoid the creation of potential impacts. No mitigation is required.
Sources: Field Observation
FEIS /EIR for Disposal and Reuse of MCAS Tustin pages (3 -106 through 3-
117, 4 -130 through 4 -138 and 7 -30 through 7 -31)
MCAS Tustin Specific Plan (Pages 3 -38 through 3 -54)
Finding of Suitability to Transfer (FOST), MCAS Tustin
Tustin General Plan.
Vlll. 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?
e) Create or contribute runoff water which would exceed the capacity of existing
or planned storm water drainage systems or provide substantial additional
sources of polluted runoff?
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f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as mapped on a federal
Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures, which would impede or
redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee or
dam?
j) Inundation by seiche, tsunami, or mudflow?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The
project design and construction of facilities to fully contain drainage of the site would be
required as conditions of approval of the project and submitted/approved Water Quality
Management Plan. No long-term impacts to hydrology and water quality are anticipated for
the proposed project. The proposed housing project will also not impact groundwater in the
deep regional aquifer or shallow aquifer. The proposed project would not include
groundwater removal or alteration of historic drainage patterns at the site. The project is
not located within a 100-year flood area and will not expose people or structures to a
significant risk of loss, injury and death involving flooding as a result of the failure of a levee
or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or
mudflow.
Construction operations would be required to comply with the Total Maximum Daily Load
(TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area
Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and
the implementation of specific best management practices (BMP). Compliance with state
and local regulations and standards, along with established engineering procedures and
techniques, would avoid unacceptable risk or the creation of significant impacts related to
such hazards. Consequently, no substantial change is expected from the analysis
previously completed in the FEIS/EIR for MCAS Tustin.
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 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 effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplemental or Addendum were certified as completed.
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Mitigation/Monitoring Required., As identified in the FEIS/EIR, compliance with existing
rules and regulations would avoid the creation of potential impacts. No mitigation is
required.
Sources: Field Observation
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3-
105, 4-124 through 4-129 and 7-29 through 7-30)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54)
FEMA Flood Map (2009)
Tustin General Plan
Fire Hazard Severity Zone Map (2011)
IX LAND USE AND PLANNING: Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or regulation of an agency
with jurisdiction over the project (including, but not limited, to the general
plan, specific plan, local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or natural community
conservation plan?
The proposed development of Disposition Package 2A would include a total of 533
affordable Medium-High Density residential apartment units (37 moderate unit income
units and 496 market rate units) on 21.735 gross acres, at 24.52 dwelling units per acre,
which is less that the allowable density of the site (16-25 dwelling units) as identified in the
MCAS Tustin Specific Plan. The proposed use is consistent with the approved Specific
Plan, and the number of dwelling units proposed by the Project is under the maximum
development threshold for Planning Area 13, which contemplates the development of
891 dwelling units in total. The City of Tustin is the controlling authority over
implementation of the Reuse Plan for the former base, such as land use designations,
zoning categories, recreation and open space areas, major arterial roadways, urban
design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City
Council approved the Specific Plan for MCAS Tustin that established land use and
development standards for development of the site. The proposed project complies with
Planning Area 13's development standards for multiple family residential units as noted in
Sections 3.6.2.G of the MCAS Tustin Specific Plan. Although the Project is within the
maximum density, when combined with St. Anton's proposed development of Disposition
Site 1A-North the two projects collectively propose 262 affordable units and qualify for
density bonus and concessions or incentives. The City must support density bonus
requests, concessions or incentives when projects provide affordable housing units in
compliance with California Government Code Section 65915(1), as authorized under
Tustin City Code Section 9123. Compliance with state and local regulations and
standards would avoid the creation of significant land use and planning impacts. Also, the
proposed Project will not conflict with any habitat conservation plan or natural community
conservation plan. Consequently, no change is expected from the analysis previously
completed in the FEIS/EIR for MCAS Tustin.
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
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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 effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplemental or Addendum were certified as completed.
MitigationlMonitoring Required: The proposed project is consistent with the development
standards of the IVICAS Tustin Specific Plan as identified by the adopted FEIS/EIR. No
mitigation is required.
Sources: Field Observation
FEIS/EIR for Disposal and Reuse Of IVICAS Tustin (Pages 3-3 to 3-17, 4-3
to 4-13 and 7-16 to 7-18)
IVICAS Tustin Specific Plan (Pages 3-38 through 3-54).
Tustin General Plan
X. MINERAL RESOURCES: Would the project
a) Result in the loss of availability of a known mineral resource that would be a
value to the region and the residents of the state?
b) Result in the loss of availability of a locally important mineral resource
recovery site delineated on a local general plan, specific plan or other land use
plan?
The Proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The Proposed use is consistent with the approved Specific Plan. Chapter 3.9
of the FEIS/EIR indicates that no mineral resources are known to occur anywhere within
the Reuse Plan area. The proposed project will not result in the loss of mineral resources
known to be on the site or identified as being present on the site by any mineral resource
plans. Consequently, no substantial change is expected from the analysis previously
completed in the FEIS/EIR for IVICAS Tustin.
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 effects or mitigation measures or
rm
msmui" alternatives that were not known and could not have been known when the FEIS/EIR,
M the Supplemental or Addendum were certified as completed.
MitigationlMonitoting Required: No mitigation is required.
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Sources: Field Observation
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54).
Tustin General Plan
XI. NOISE: Would the project:
a) Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive ground borne vibration or
ground borne noise levels?
c) A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project?
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?
Q 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?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The
proposed project could result in implementation activities that generate noise. The
FEIS/EIR indicates that full build-out of the base will create noise impacts that would be
considered significant if noise levels experienced by sensitive receptors would exceed
those considered "normally acceptable" for the applicable land use categories in the Noise
Elements of the Tustin General Plan. The applicant has submitted a Noise Impact Study
for the project that indicates that additional mitigation will not be required (Source: see
Exhibit 1). However, the City of Tustin will ensure that construction activities comply with
the City's Noise Ordinance and that the proposed multi-family housing units are designed
with adequate noise attenuation (i.e., window design, sound walls) to meet the allowable
noise levels as required by Tustin City Code for residential use. The applicant has also
prepared a noise analysis for the project to ensure that the residential units would be sound
attenuated against present and projected noise so as not to exceed an exterior noise
standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in
all habitable rooms to reduce noise-related impacts to a level of insignificance. Compliance
with adopted mitigation measures and state and local regulations and standards, along with
established engineering procedures and techniques, will avoid unacceptable risk or the
creation of significant impacts related to such hazards.
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
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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
It
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 effects or mitigation measures or
alternatives that were not known and could not have been known when the FEIS/EIR,
the Supplemental or Addendum were certified as completed.
Mitigation/Monitoring Required, Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162,
4-231 to 4-243 and 7-42 to 7-43)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54).
Tustin General Plan
X11. 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
r'"01 extension of roads or other infrastructure)?
b) Displace substantial
numbers of existing housing, necessitating the
construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere?
The Proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). Although the project is the maximum density, the project (St. Anton's proposed
development of Disposition Site IA-North and The Irvine Company's proposed
development of Disposition Site 2A is proposing 262 affordable units and qualifies for
density bonus and concessions or incentives. The proposed use is consistent with the
approved Specific Plan, and the number of dwelling units proposed is under the
maximum development threshold for Planning Area 13, which contemplates the
development of 891 dwelling units in total. The City must support density bonus requests,
concessions or incentives when projects provide affordable housing units in compliance
with California Government Code Section 65915(1), as authorized under Tustin City
Code Section 9123, Additionally, the proposed project site is vacant and will not displace
people or necessitate construction of replacement housing elsewhere. No substantial
change is expected from the analysis previously completed in the FEIS/EIR for MCAS
Tustin.
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
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previously identified effects; (2) substantial changes with respect to the circumstances
under which the Project is undertaken that require major revisions of the previous IM
OEM
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 effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplemental or Addendum were certified as completed.
Mitigation Monitoring Required: No mitigation is required.
Sources: Field Observations
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4-
14 to 4-29 and 7-18 to 7-19)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54).
Tustin General Plan
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for
new or physically altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to maintain acceptable
service ratios, response times, or other performance objectives for any of the
public services:
IN MEN`
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The site is
currently vacant. Development of the site would require public services such as fire and
police protection services, schools, libraries, recreation facilities, and biking/hiking trails.
Fire Protection. The proposed project will be required to meet existing Orange County
Fire Authority (OCFA) regulations regarding demolition, construction materials and
methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems,
building setbacks, and other relevant regulations. Adherence to these regulations would
reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire
protection services to the site. The number of fire stations existing and planned in the
area surrounding the site will meet the demands created by the proposed project.
Police Protection. The need for police protection services is assessed on the basis of
resident population estimates, square footage of non-residential uses, etc. Development of
the site would increase the need for police protection services. The developer as a
condition of approval for the project would be required to work with the Tustin Police
Department to ensure that adequate security precautions such as visibility, lighting,
emergency access, address signage are implemented in the project at plan check.
Schools. The proposed project is located within Tustin Unified School District (TUSD).
The implementation of the Reuse Plan would provide two 10-acre sites for elementary
schools and a 40-acre high school site to serve the growing student population within its
district. Based on the student generation factors of 0.29 per unit for grades K-5; 0.127
student per units for grades 6-8; 0.153 student per unit for grades 9-12, and the potential
of 2,585 dwelling units developed within the TUSD boundaries, the adopted EISJEIR
noted that reuse development would generate approximately 750 students for grades K-
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5, 328 students for grades 6-8, and 395 students for grades 9-12 for a total of 1,473
students.
The total number of units approved in the Specific Plan for Planning Area 13 is 891
units, The applicant is requesting approval of 533 units (representing 60% of the total
number of units allowed in Planning Area 13). No other residential units have been
previously built in Planning Area 13. The TUSD will receive its statutory school impact
fees per Senate Bill 50 from the proposed residential development of the site. As a
condition of approval for the project, the developer will be required to pay applicable
school fees prior to issuance of the building permit. In summary, no new additional
students are anticipated beyond what was considered in the FEIR/EIS for the Disposal
and Reuse of MCAS, Tustin, and in any event, City required mitigation is limited by State
law to requiring payment of the S13 50 school impact fees.
Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only
result in a library demand of up to approximately 2,500 square feet of library space. This
relatively small amount of space is well below the library system's general minimum size of
10,000 square feet for a branch library and would not trigger the need for a new facility.
General Implementation Requirements: To support development in the reuse plan area, the
Reuse PlanlSpecific Plan requires public services and facilities to be provided concurrent
with demand. The proposed project will be required to comply with FEIS/EIR
implementation measures adopted by the Tustin City Council.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
1-iiwl 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 public services. 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 effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplemental or Addendum were certified as completed.
MitigationlMonitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4-
56 to 4-80 and 7-21 to 7-22)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54).
Tustin General Plan
MEN XIV. RECREATION
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a) Would the project increase the use of existing neighborhood and regional
parks or other recreational facilities, such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities, which might have an adverse physical
effect on the environment?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. Since the
Reuse Plan process included public conveyance of city parks and an Urban Regional Park,
individual developers were relieved of the requirement to dedicate land for park purposes.
However, the proposed project includes a request for City approval of Parcel Map 2012-
136. Projects that propose the subdivision of property are subject to the provisions of the
Quimby Act and are required to provide in-lieu fees or publicly accessible park space
(where approved by the City). In this case, the Disposition and Development Agreement
between the City and the developer will require that payment of park in-lieu fees will be
collected from the private developer as part of the conveyance transaction process.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. 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 11111-111-11111, 1 FE
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 effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplemental or Addendum were certified as completed.
MifigatidrVMonitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56
to 4-80 and 7-21 to 7-22
Reuse Plan and MCAS Tustin Specific Plan (Pages 3-38 through 3-54)
Tustin Parks and Recreation Services Department
Tustin General Plan
XV. TRANSPORTATION/TRAFFIC: Would the project:
III-
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)?
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b) Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for designated
11,
roads or highways?
K_
c) Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that result in substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan, and the
number of dwelling units proposed is under the maximum development threshold for
Planning Area 13, which contemplates the development of 891 dwelling units in total.
The FEIS/EIR indicates that transportation and circulation impacts would be created
through the phased development of the- approved Reuse Plan and MCAS Tustin Specific
Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full
redevelopment of the base by year 2020 that, if left unmitigated, would overburden
existing roadways and intersections surrounding the base property, The FEIS/EIR
indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400
ADT when the base was fully operational (1993). As a military facility, the FEIS/EIR
considered the traffic impact and developed a mitigation program to reduce potential
impacts to a level of insignificance. This site will be conditioned to participate in its fair
share responsibility for both on-site and off-site circulation mitigation and implementation
measures. In addition, construction activities are required to be meet all Transportation
related FEIS/EIR Implementation and Mitigation Measures (e.g., lane closures, street/utility
construction, construction vehicle traffic, etc.). The FEIS/EIR implementation and mitigation
measures will reduce potential impacts to the traffic and circulation system to a level of
insignificance. In addition, certain public infrastructure is required to be constructed by the
developer as a requirement of the DDA. Also, a parking assessment and gate design
analysis was submitted by the applicant which indicates that the project will not adversely
impact parking and circulation within or outside the project area (See Exhibit 2).
Consequently, no substantial change is expected from the analysis previously completed
in the approved FEIS/EIR for MCAS Tustin.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. 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 traffic. 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
882604.1
Evaluation of Environmental Impacts
DA 2012 -001, CP 2012 -002, DR 2012 -004, Density Transfer, Density Bonus, PM 2012 -136
Page 21
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS /EIR, the Supplemental or Addendum were certified as completed.
IN
MitigatiorVMonitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS /EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -113 through 3-
142, 4 -139 through 4 -206 and 7 -32 through 7-41)
Reuse Plan and MCAS Tustin Specific Plan (Pages 3 -33 through 3 -54).
Tustin General Plan
XVI. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board?
b) Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm water drainage facilities or
expansion of existing facilities, the construction of which could cause
significant environmental effects? F
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment provider, which serves
or may serve the project that it has adequate capacity to serve the project's
projected demand in addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations related to solid
waste?
The proposed development of Disposition Package 2A would include a total of 533
affordable residential apartment units (37 moderate unit income units and 496 market
rate units). The proposed use is consistent with the approved Specific Plan. The
FEIR /EIR analyzed medium -high residential development on the proposed site, which is
consistent with the proposed project. Development of the site would require on -site
improvements and off -site infrastructure improvements to utilities and roadway systems,
including design and construction of improvements on Tustin Ranch Road, Warner
Avenue Road and Park Avenue. In addition, certain public infrastructure will be
constructed by the applicant which may include storm drain, domestic water, reclaimed
water, sanitary sewer, and dry utility service systems necessary to serve the site, and
landscape and irrigation on in the public right -of -way. Also, development of the site is
required to meet federal, state, and local standards for design of wastewater treatment.
The number of proposed units can be supported by the Irvine Ranch Water District for
domestic water and sewer services.
882604.1
Evaluation of Environmental Impacts
DA 2012 -001, CP 2012 -002, DR 2012 -004, Density Transfer, Density Bonus, PM 2012 -136
Page 22
No substantial change is expected from the analysis previously completed in the approved
FEIS /EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
k� g9 p p q
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 effects or mitigation measures or alternatives that were not known
and could not have been known when the FEIS /EIR, the Supplemental or Addendum
were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS /EIR; these measures would be included as conditions of approval for
the project.
Sources: Field 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)
Reuse Plan and MCAS Tustin Specific Plan (Pages 3 -38 through 3 -54).
Tustin General Plan
XVIL MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self- sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually limited but cumulatively
considerable? ( "Cumulatively considerable" means that the incremental
effects of a project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of
probable future projects.)
c) Does the project have environmental effects, which will cause substantial
adverse effects on human beings, either directly or indirectly?
Based upon the foregoing, the proposed project does not have the potential to degrade the
quality of the environment, substantially reduce the habitats or wildlife populations to
decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of
FEIS /EIR mitigation and implementation measures approved by the Tustin City Council, the
proposed project does not cause unmitigated environmental effects that will cause
substantial effects on human beings, either directly or indirectly. In addition, the proposed
project does have air quality impacts that are individually limited, but cumulatively
considerable when viewed in connection with the effects of the reuse and redevelopment of
the former MCAS Tustin. The FEIS /EIR, the Supplemental and Addendum previously
882604.1
Evaluation of Environmental Impacts
DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, PM 2012-136
Page 23
considered all environmental impacts associated with the implementation of the Reuse
Plan and MCAS Tustin Specific Plan. The project proposes no substantial changes to
environmental issues previously considered with adoption of the FEIS/EIR. Mitigation
measures were identified in the FEIS/EIR to reduce impact but not to a level of
insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by
the Tustin City Council on January 16, 2001.
MitigationlMonkofing Required: The FEIS/EIR previously considered all environmental
impacts associated with the implementation of the Reuse Plan and MCAS Tustin 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)
Reuse Plan and MCAS Tustin Specific Plan (Pages 3-144 through 3-154).
Tustin General Plan
CONCLUSION
The summary concludes that all of the proposed project's effects were previously examined in the
FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the
severity of previously identified significant effects would occur, that no new mitigation measures
would be required, that no applicable mitigation measures previously not found to be feasible
would in fact be feasible, and that there are no new mitigation measures or alternatives applicable
to the project that would substantially reduce effects of the project that have not been considered
and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding
Considerations were adopted for the FEIS/EIR on January 16, 2001 and shall apply to the
proposed project, as applicable,
NO-
882604.1
mm
{ = TI
Verieklasen Associates
Consuftants,0 Acoustics I A V111T t EnvironmentotNoise
Dear Bryan:
RECEIVED
AUG 0 6 2012
Veneklasen Associates (VA) has completed our noise study of Tustin Legacy Parcel 2A In Tustin, California. This
report represents the results of our findings.
1.0 INTRODUCTION
This study was conducted to determine the impact of the exterior noise sources on the proposed
residential development, and to provide mitigation recommendations required to reduce interior and
exterior noise levels to acceptable limits as set forth in the City General Plan and California State
Building Code, Exterior noise levels were predicted at the site. Based an these levels, interior noise
levels were calculated for proposed residential development. Several different types of glazing were
evaluated and the results are presented in this report.
The project site Is a portion of the Tustin Legacy project. The site is bounded by Warner Avenue to the
north, Tustin Ranch Road on the each, Park Avenue to the south, and Legacy Road to the west.
2.0 NOISE CRITERIA
CNEL (community noise equivalent level) is the 24 -hour equivalent sound pressure level in which the
evening (7 pm -10 pm) and nighttime (10 pm — 7 am) noise levels are weighted by adding S and 10 dB
respectively. CNEL is commonly used to evaluate community noise impact In California.
The Noise Element of the City of Tustin General Plan, Table N -3, states that the exterior noise standard
Is CNEL 65. For multifarnlly projects, this standard is limited to patios and balconies with a depth of 6
feet or more, and common recreation areas.
The Noise Element of the City of Tustin General Plan, Table N -3, states that the interior noise standard
is CNEL 45. This requirement is consistent with the California State Building Code (CBC) section 1207.
Mechanical ventilating system or other means of natural ventilation shall be provided per applicable
codes, but cannot compromise the acoustical isolation.
EXTERIOR • EXPOSUM
To predict exterior noise level due to future traffic volumes, VA utilized the California department of
Transportation Model published by the State of California ( "California Noise Emission Levels ", FMWA-
CA-TL- 87/03, January 1987). The model uses traffic volume, vehicle mix, vehicle speed, and roadway
geometry and site conditions to compute noise exposure.
1711 Sixteenth Street - Santa Monica California 90404 - tell 310.450,1733 . fax: 310.396'.3424 - www,venektasen,coni
WVeneklasen Associates
Tustin Legacy Parcel 2A Exterior Noise Analysis
August 8, 2012, Page 2 of 5
The day/evening/night distribution and the percentages of medium and heavy trucks shown in Table I
were used in the computer model. The relative distributions and mixes were assumed to remain the
same for future noise projections.
The 2025 average daily traffic volumes for the project were taken from Exhibit 9 of the Addendum to
the Disposition and Development Agreement Development Plan dated March 2006. Table 2 below
gives the traffic volumes and vehicle speeds used in the CNEL calculations.
Based on the Information shown above, VA calculated the future noise levels at the closest building to
each roadway. The calculated noise levels are shown in Table 3.
VA summed the levels from the various roadways. The overall future exterior noise levels are shown
in the following table. Noise zones are defined in Figure 1.
www.venekfasen,com
WVeneklasen Associates
Tustin Legacy Parcel 2A Exterior Noise Analysis
August 8, 2012, Page 3 of 5
Figure 1 —Noise Zones
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3.3 Exterior Noise Mitigation
The common recreation areas are located in the center of the project and shielded from traffic by
surrounding buildings. The noise level at the common areas will be less than CNEL 60 and will
therefore satisfy the City noise standards.
Units In Zones A and 8 have private balconies which may be exposed to noise levels exceed CNEL 65.
However, these balconies are less than 6 feet in depth and therefore the noise standards do not apply.
No exterior noise mitigation Is required.
www,veneklasep.com
LIN
W- Veneklasen Associates
Tustin Legacy Parcel 2A Exterior Noise Analysis
August 8, 2012, Page 4 of 5
4.0 INTERIOR NOISE CALCULATION
4. 1 Exterior Fa5ade Construction
VA assumes the exterior wall to be a 2x4 wood stud wall with batt insulation. Interior finish will be
one layer of 5/8 inch type Y gypsum board and exterior finish will consist of stucco. VA's calculations
include the exterior wall construction far the building, but Indicate that the Interior noise levels are
determined by the acoustical Performance of the Glazing system.
VA utilized the window assemblies shown In Table 4, below. The transmission loss values were based
on typical glazing units. The actual construction and STC ratings shown may differ. Note that the STC
ratings presented are for the entire window assembly Including frame and seals.
VA also evaluated the noise through the roof of the buildings, but found this acoustical path to be
insignificant to the resultant Interior noise level.
4.2 Average Noise Level (DNL)
VA calculated the Interior level within the residential units given the measured noise environment and
the exterior fagade construction described above. The calculations were based on the floor plans and
elevations provided. The results for each location are presented in the Table 6.
Table 6 — Calculated Future Interior DNL Noise Levels
A 70-72 STC 34 40-42
B 65-70 STC 32
LR eEm a jin !I n Ell <60 10* 38-42
<45
Sound rated constniction Is not required as typical construction practices are sufficient to
satisfy Interior noise criteria, STC 30, minimum, is recommended but not required.
4.3 Mechanical Ventilation Requirement
Because the windows and doors must be kept closed to meet the noise requirements at some
locations, mechanical ventilation is required, All units in Zones A and B will require mechanical
ventilation. The mechanical ventilation shall meet all Code requirements, including the capability to
provide sufficient fresh air exchanges, without depending on open windows or leakage through
windows and doors. The ventilation system shall not compromise the sound Insulation capability of
the exterior fagade assembly.
9� * �,'= k
The following mitigation measures will satisfy the noise criteria as described in section 2.
® No exterior noise mitigation required with the existing design.
www.veneklasen,corn
W-- Veneklasen Associates
Tustin Legacy Parcel 2A Exterior Noise Analysis
August 8, 2012, Page 5 of 5
The exterior wall of residential units will be stucco on wood studs with a single layer of
gypsum board on the Inside and insulation in the cavity.
Exterior window and patio door assemblies for the residential units will satisfy the
requirements in Table 4. Noise zones are shown in Figure 1.
*- Sound rated construction Is not required as typical construction practices are sufficient to
satisfy interior noise criteria. STC 30, minimum, Is recommended but not required.
Various noise mitigation methods may be utilized to satisfy the noise criteria described in this
report. Alteration of mitigation methods that deviate from requirements should be reviewed by the
acoustical consultant.
We trust this Information is satisfactory. If you have any questions or comments regarding this report, please do not
hesitate to contact us.
g:\4214-028\Repon 81- exterior noise analysis - Tustin.docx
www.venekdasen,corn
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AGREEMENT 2012-001, PARCEL MAP 2012-136, AND INCLUDING CONSIDERATION OF
BONUS, • I# UNDER
CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN
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