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HomeMy WebLinkAbout06 GPC, DA 2013-003, SPECIFIC PLAN AMEND 2013-002, TTM 17507, CP 2013-002 & DR 2013-006 FOR MCAS DECEMBER 10, 20131TY O AGENDA REPORT O 5,4 MEETING DATE FROM DECEMBER 10, 2013 PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT ITEM #6 SUBJECT: GENERAL PLAN CONFORMITY, DEVELOPMENT AGREEMENT (DA) 2013- 003, SPECIFIC PLAN AMENDMENT 2013 -002, TENTATIVE TRACT MAP 17507, CONCEPT PLAN 2013 -002 AND DESIGN REVIEW 2013 -006 FOR THE DEVELOPMENT OF 375 HOMES WITHIN NEIGHBORHOOD G, MCAS TUSTIN SPECIFIC PLAN APPLICANT: STANDARD PACIFIC CORP. 15360 BARRANCA PARKWAY IRVINE, CA 92618 PROPERTY OWNER: CITY OF TUSTIN LOCATION: GENERALLY BOUNDED BY FUTURE MOFFETT DRIVE TO THE NORTH, JAMBOREE ROAD TO THE EAST, WARNER AVENUE OFF -RAMP TO THE SOUTH, AND FUTURE PARK AVENUE TO THE WEST WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G. MCAS - TUSTIN SPECIFIC PLAN. GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ZONING: MCAS TUSTIN SPECIFIC PLAN EXISTING LAND USE: VACANT SITE Planning Commission Report December 10, 2013 Standard Pacific Page 2 ENVIRONMENTAL: 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 AND, ON MAY, 13, 2013, THE CITY COUNCIL ADOPTED RESOLUTION NO. 13 -32 APPROVING A SECOND ADDENDUM TO THE FEIS /EIR. THE FEIS /EIR, ALONG WITH ITS ADDENDUMS AND SUPPLEMENT, IS A PROGRAM EIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE FEIS /EIR, ADDENDUMS AND SUPPLEMENT ARE CONSIDERED THE POTENTIAL ENVIRONMENTAL IMPACTS ASSOCIATED WITH DEVELOPMENT ON THE FORMER MARINE CORPS AIR STATION, TUSTIN. AN ENVIRONMENTAL CHECKLIST HAS BEEN PREPARED FOR THE PROJECT AND CONCLUDED THAT THESE ACTIONS DO NOT RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL IMPACTS OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF ANY PREVIOUSLY IDENTIFIED SIGNIFICANT IMPACTS IN THE FEIS /EIR. MOREOVER, NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE HAS SURFACED SINCE CERTIFICATION OF THE FEIS /EIR. REQUESTS: 1. GENERAL PLAN CONFORMITY THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED DISPOSITION OF AN APPROXIMATELY 78 ACRE SITE WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN FOR THE DEVELOPMENT OF 375 RESIDENTIAL UNITS IS IN CONFORMANCE WITH THE APPROVED GENERAL PLAN. 2. SPECIFIC PLAN AMENDMENT 2013 -002, AN AMENDMENT TO THE MCAS TUSTIN SPECIFIC PLAN, TO ALLOW GUEST PARKING BE PROVIDED ON PRIVATE LOCAL STREETS. 3. CONCEPT PLAN 2013 -002 TO DEVELOP 375 RESIDENTIAL UNITS AND ENSURE NECESSARY LINKAGES ARE PROVIDED BETWEEN THE DEVELOPMENT PROJECT, THE INTEGRITY OF THE SPECIFIC PLAN AND PURPOSE AND INTENT OF THE NEIGHBORHOOD IS MAINTAINED, AND APPLICABLE CITY REQUIREMENTS ARE IDENTIFIED AND SATISFIED. 4. TENTATIVE TRACT MAP 17507 TO SUBDIVIDE AN APPROXIMATELY 78 ACRE SITE INTO 376 NUMBERED LOTS Planning Commission Report December 10, 2013 Standard Pacific Page 3 AND 75 LETTERED LOTS FOR THE DEVELOPMENT OF 375 SINGLE FAMILY DETACHED UNITS, A FOCAL PARK, AND OTHER NEIGHBORHOOD AMENITIES. 5. DESIGN REVIEW 2013 -006 FOR THE DESIGN AND SITE LAYOUT OF 375 SINGLE FAMILY DETACHED UNITS, A FOCAL PARK, AND OTHER NEIGHBORHOOD AMENITIES. 6. DEVELOPMENT AGREEMENT 2013 -003 TO FACILITATE THE DEVELOPMENT AND CONVEYANCE OF AN APPROXIMATE 78 ACRE SITE WITHIN THE BOUNDARIES OF MCAS TUSTIN SPECIFIC PLAN. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4238, determining that the location, purpose, and extent of the proposed disposition of an approximately 78 acre site within neighborhood G of the MCAS Tustin Specific Plan for the development of 375 residential units is in conformance with the approved general plan. 2. That the Planning Commission adopt Resolution No. 4239, recommending that the City Council approve: a. Specific Plan Amendment 2013 -002, an amendment to the MCAS Tustin Specific Plan to allow guest parking be provided on private local streets. b. Concept plan 2013 -002 to develop 375 residential units and ensure necessary linkages are provided between the development project, the integrity of the specific plan and purpose and intent of the neighborhood is maintained, and applicable city requirements are identified and satisfied. c. Tentative Tract Map 17507 to subdivide an approximately 78 acre site into 376 numbered lots and 75 lettered lots for the development of 375 single family detached units, a focal park, and other neighborhood amenities. d. Design Review 2013 -006 for the design and site layout of 375 single family detached units, a focal park, and other neighborhood amenities. e. Development Agreement 2013 -003 to facilitate the development and conveyance of an approximate 78 acre site within the boundaries of MCAS Tustin specific plan. APPROVAL AUTHORITY: • General Plan Conformity: Pursuant to Section 65402(a) of the Government Code, the Planning Commission is authorized to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. Planning Commission Report December 10, 2013 Standard Pacific Page 4 • Specific Plan Amendment 2013 -002: Section 4.2.8 of the MCAS Tustin Specific Plan requires an amendment to the Specific Plan be initiated and processed in the same manner set forth in the Tustin City Code. Tustin City Code Section 9295 specifies any amendment to the Zoning may be initiated and adopted as other ordinances are amended or adopted. • Concept Plan: Section 4.2.2 of the MCAS Tustin Specific Plan requires a Concept Plan to be prepared and submitted for Zoning Administrator approval concurrent with a new development proposal. Since the proposal includes other entitlement applications that require City Council approval, Concept Plan 2013 -002 is forwarded to the Planning Commission and City Council for concurrent consideration. Tentative Tract Map: Tustin City Code Section 9321B authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes other entitlement applications that require City Council approval, Tentative Tract Map 17507 is forwarded to City Council for concurrent consideration. • Design Review: Section 4.2.4 of the MCAS Tustin Specific Plan requires each development to submit and obtain approval of a Site Plan and Design Review pursuant to the Tustin City Code following or concurrent with the approval of a Concept Plan. Tustin City Code Section 9272 authorizes the Community Development Director to consider Design Review application; however, since the proposal includes other entitlement applications that require City Council approval, DR 2013 -006 is forwarded to City Council for concurrent consideration. Development Agreement: The MCAS Tustin Specific Plan Section 4.2.9 requires a Development Agreement in conjunction with or prior to approval of any entitlements associated with private development. Pursuant to Tustin City Code Section 9607, the Planning Commission shall consider the Development Agreement and make a recommendation thereon to the City Council. The Planning Commission shall forward its recommendation to the City Council within thirty (30) days of the time specified for the public hearing. Pursuant to Tustin City Code Section 9613, after the City Council completes the public hearing and considers the recommendation of the Planning Commission, the City Council may accept, modify or disapprove the Development Agreement. Pursuant to Tustin City Code Section 9614, the Development Agreement shall be approved by the adoption of an ordinance. Planning Commission Report December 10, 2013 Standard Pacific Page 5 BACKGROUND AND DISCUSSION: Site Location The project site is approximately SO gross acres located within the MCAS Tustin Specific Plan (Tustin Legacy) boundaries affecting only Disposition Parcels 1B and 6 (Attachment A). The site is currently owned by the City and will be transferred to Standard Pacific Corp. upon execution of the DDA. The project site is bounded by future Moffett Drive to the north, Jamboree Road to the east, Warner Avenue off -ramp to the south, and future Park Avenue to the west within Planning Area 15 of Neighborhood G, MCAS- Tustin Specific Plan (Figure 1). Surrounding uses include the St. Anton apartments and vacant site to the west, warehouse and light industrial uses to the south, residential uses across Jamboree Road to the east, and vacant sites to the north (Figure 2). Figure 1 Figure 2 City OF i n rustw� iu i� PAS '.: .o � w.m PA 3 }y �t I a CIaT� a SMIIA NIA 1*a PA ZI is �r NYK Figure 1 Figure 2 Planning Commission Report December 10, 2013 Standard Pacific Page 6 General Plan Conformity Currently, the approximately 78 -acre project site is owned by the City of Tustin. The City intends to enter into a real estate transaction with the Standard Pacific Corp. to allow for the development of 375 residential units, a focal park and other amenities. The real estate transaction through the Disposition and Development Agreement (DDA) will be considered separately by the City Council at a later date. Pursuant to Section 65402(c) of the California Government Code (Planning and Development Law), a general plan conformity determination from local planning agencies prior to acquisition or disposition of real property by a local agency is required. The proposed disposition supports General Plan Land Use Element goals and policies as follows: 1. Land Use Element Goal 1: Provide for a well - balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. 3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses. 4. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods. 5. Land Use Goal 13: Continue to implement the Specific Plan /Reuse for MCAS Tustin which maximizes the appeal of the site as a mixed use and master planned development. Based upon the City's adopted General Plan, the location, purpose, and extent of the proposed disposition of the project site to Standard Pacific Corp. for the development of 375 residential units, a focal park, and other neighborhood amenities is in conformance with the approved General Plan. Accordingly, staff recommends that the Planning Commission adopt Resolution No. 4238. Project Description Specific Plan Amendment 2013 -002, Concept Plan 2013 -002, Design Review 2013 -006, Development Agreement 2013 -003, and Tentative Tract Map 17507 are development applications for the purpose of developing 375 detached residential units, a focal park, and other amenities and open space linkages to other developments within the Tustin Legacy (Figure 3). The project has been designed to enhance livability by intergrading four (4) distinctive housing styles completely connected to a centralized park and greenbelt linkages. The four housing products are Sheldon, Crawford, Greenwood and Stafford (details are discussed under Design Review section of this report). The focal park will be the community plaza and will serve as a dynamic social gathering place for residents within the community as well as residents of the Planning Commission Report December 10, 2013 Standard Pacific Page 7 City as a whole. This is accomplished through the requirement that the focal park must be accessible via public easement to the general public. At the southerly end of the focal park is the private recreation center that is anchored by the Club House building, swimming pool, water play areas as well as other amenities available to the residents of the community. 4 1RId /® Specific Plan Amendment — On- Street Guest Parking The proposed development consists of detached single family homes within a community. The Specific Plan requires 0.5 spaces of unassigned guest spaces per unit; however, Table 3 -4 of the MCAS Tustin Specific Plan only allows not more than fifty (50) percent of the guest parking spaces required may be fulfilled with on- street parking on private and public local streets, except where adjoining a publicly accessible park. The proposed project requires 188 guest parking spaces and provides 549 within a parking bay and on- street guest parking spaces (over three times of the required amount of guest parking). However, of the 549 spaces provided, only 94 spaces can be counted as meeting the required on- street guest spaces. The applicant has indicated that to provide the remaining 94 off - street parking in a parking lot setting within a single family neighborhood is not typical and may change the character of the neighborhood. Accordingly, the applicant has proposed an amendment to the Specific Plan to allow guest parking be provided on private local streets. Exhibit B of Resolution No. 4239 provides the proposed text amendment language. �v •n w •��`�. I � ♦ � � � mn{f641m •. li .[.rar.av��aa:.s ua __.vim •\ I / ti ,,. •� ty. /rr 4 1RId /® Specific Plan Amendment — On- Street Guest Parking The proposed development consists of detached single family homes within a community. The Specific Plan requires 0.5 spaces of unassigned guest spaces per unit; however, Table 3 -4 of the MCAS Tustin Specific Plan only allows not more than fifty (50) percent of the guest parking spaces required may be fulfilled with on- street parking on private and public local streets, except where adjoining a publicly accessible park. The proposed project requires 188 guest parking spaces and provides 549 within a parking bay and on- street guest parking spaces (over three times of the required amount of guest parking). However, of the 549 spaces provided, only 94 spaces can be counted as meeting the required on- street guest spaces. The applicant has indicated that to provide the remaining 94 off - street parking in a parking lot setting within a single family neighborhood is not typical and may change the character of the neighborhood. Accordingly, the applicant has proposed an amendment to the Specific Plan to allow guest parking be provided on private local streets. Exhibit B of Resolution No. 4239 provides the proposed text amendment language. Planning Commission Report December 10, 2013 Standard Pacific Page 8 Standard Required Provided Residents Parking 750 776 Guest Parkin — On Street 188 549 Parking Ratio Resident Parkin 21unit 2.07 1unit Parking Ratio Guest Parkin 0.51unit 1.46 1unit Focal Park On -Site 25 Focal Park On- Street - 144 Total Parking Provided 938 1,494 Concept Plan Section 4.2.2 of the MCAS Tustin Specific Plan requires a Concept Plan to be prepared and submitted for Zoning Administrator approval concurrent with a new development proposal. The Concept Plan will establish the planning and design principles guiding the implementation of site layout, landscaping, and architectural design on the site. The purpose of the Concept Plan is to document and ensure that: The necessary linkages are provided between the development project and the Planning Area /Neighborhood in which it is located. 2. The integrity of the Specific Plan and purpose and intent of each Neighborhood is maintained. 3. Applicable considerations of City requirements other than those spelled out in the Specific Plan are identified and satisfied. Concept Plan 2013 -002 provides for conceptual development site layout and design framework for the proposed project. The Concept Plan includes: a conceptual site plan, a grading and utility plan; a phasing plan; and a landscape plan. As proposed, Concept Plan 2013 -002 has been prepared and submitted concurrently with the proposal to develop 375 residential units and necessary vehicular and pedestrian linkages. The integrity of the Specific Plan, along with applicable City requirements, have also been demonstrated through submitted plans (Figure 4 and 5). t+ 7� Conceptual Landscape Pedestrian Circulation Figure 4 Figure 5 Planning Commission Report December 10, 2013 Standard Pacific Page 9 Design Review Section 4.2.4 of the MCAS Tustin Specific Plan requires applicants for each development to submit and obtain approval of a Site Plan and Design Review pursuant to the Tustin City Code following or concurrent with the approval of a Concept Plan. Design Review 2013 -004 provides for the design and site layout of the proposed residential community. There are four housing products proposed with various architectural styles as follows: Sheldon at Tustin Legacy: is the smallest home type and is bordered by the green belt park on the north, the Warner Avenue off -ramp on the south, the Crawford and the Greenwood housing products to the east and Park Avenue to the west (blue shaded area on Figure 3). There are 103 homes ranging from 1,837 to 2,389 square feet and consist of 3 bedrooms 2.5 baths to 5 bedrooms 3 baths. The styles include Santa Barbara, Cottage, Monterey, and Craftsman Bungalow architectural designs. PLAN 3XCR PLAN 30 PLAN 3 %AR corner xorvrtur rANrA .Rene• PLAN 3XOR PLAN 39 PLAN 3AR Rnwan, Sheldon at Tustin Legacy Crawford at Tustin Legacy: is located in both the northwest corner of the community as well as along the eastern boundary adjacent to Jamboree Road and the Warner Avenue off -ramp (yellow shaded area on Figure 3). Crawford consists of 77 homes ranging in size from 2,419 to 2,711 square feet and configured with 4 bedrooms, loft, and 3 baths to 4 bedrooms, bonus room (optional bedroom) and 3 baths. The architectural styles include Cottage, Monterey, Santa Barbara, American Classic, and Craftsman Bungalow. Planning Commission Report December 10, 2013 Standard Pacific Page 10 Ii 6s1d6 m.om cu] o.m.rW... Crawford at Tustin Legacy Greenwood at Tustin Legacy: Greenwood consists of 99 homes ranging in size from 2,945 to 3,515 square feet (green shaded area on Figure 3). The homes are configured with 4 bedrooms, loft, den and 3 baths to 5 bedrooms, kid's lounge and 5.5 baths. Each of the homes also has an optional bonus room and /or suite over the garage. A standard "Legacy Room," an extension of indoor to outdoor living space also is provided for each of the homes. The Greenwood styles include Cottage, Monterey, Santa Barbara, and Farmhouse. 'r pl- � >r Y.0 W1W n.0 1W U. Ium.o.w Mo.v.n CepaP Greenwood at Tustin Legacy Planning Commission Report December 10, 2013 Standard Pacific Page 11 Stafford at Tustin Legacy: Stafford consists of 96 homes with wide lots dispersed throughout the northwesterly quadrant of the community on two sides of the centralized park (red shaded area on Figure 3). The homes ranging in size from 3,309 to 3,741 square feet and configured with 4 bedrooms, bonus room and 3.5 baths to 5 bedrooms, bonus room, office, and 4.5 baths. The homes architectural styles include: Cottage, Monterey, Santa Barbara, American Classic, Adobe Ranch, and Stucco Bungalow. Stafford at Tustin Legacy The centralized focal park is approximately 6 acres in size and would be accessible to the residents of the project and the public. The public portion of the park is designed with community plaza, playgrounds, main lawns for recreation activities, other amenities such as bocce ball courts, basketball court, picnic areas. The private areas consist of a pool, kids splash and play area, outdoor seating area with built in BBQ, and a club house for residents only. l� ga.aa' ma _ W, r _,..., Planning Commission Report December 10, 2013 Standard Pacific Page 12 Clubhouse T'j, view 5 Y,FW � YIFW 1 Perspective Views of the Private Area Tentative Tract Map: VIEW f YIFW 5 Tentative Tract Map 17507 is a subdivision of an approximately 78 acre site into 376 numbered lots and 75 lettered lots for the development of 375 single family detached units, a focal park, and other neighborhood amenities. Also included in the map are proposed easements for sewer, water, and other utility; non - exclusive easements for emergency vehicles and public services; public access easement over private streets to the focal park; maintenance easement to Jamboree slope; and reciprocal access easement over private drives in favor of adjacent lots (Attachment B). With respect to circulation system within the tract, the applicant proposes deviation from the City's Construction Standards for Private Streets, Strom Drain and On -site Private Improvements related to curb and gutter. The applicant wishes to utilize shed and flare curbs in lieu of typical 6" standard curb and gutter (Figure 6). Planning Commission Report December 10, 2013 Standard Pacific Page 13 r s mirti.w.Aff1onp.t r¢na+ Figure 6 �1 i r rr uo u I r i r nwo ow wrwII M.E u� c.Ew.r r:.n 'tT.lr .n Pursuant to the standards, any deviation will require the Building Official approval. The proposed deviation has been reviewed by the Building Official and has been determined to be consistent with the intent of the established standards. Appropriate findings have been included to support the request. Tustin City Code Section 9231B authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes other entitlement applications that require City Council approval, VTfM 17507 is to be forwarded to City Council for concurrent consideration. Development Agreement: To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted the Development Agreement Statute of the Government Code. Pursuant to the Statute, the City may enter into an agreement with any person having a legal or equitable interest in real property and to provide for the development of such property and to establish certain development rights therein. In addition, the MCAS Tustin Specific Plan Section 4.2.9 requires a Development Agreement in conjunction with or prior to approval of any entitlements associated with private development. DA 2013 -002 included herewith as Attachment C will provide for the orderly implementation of the General Plan, MCAS Tustin Specific Plan, the phased development and completion in accordance with the DDA, and certain assurances to the Developer and the City. These assurances require the cooperation and participation of the City and Developer and could not be secured without mutual cooperation in and commitment to the comprehensive planning effort that has resulted in the DA and the Specific Plan. The DA will include, but not be limited to, the following provisions: • The term of the Development Agreement. • Public benefits. • The timing of development asset forth in the DDA. • Construction of infrastructure and public facilities. • Annual review of Developer's performance, etc. .mr© r.r.x ..r wwx x..[ -rr <ae. .mrry uwux w• r..re c«.o-ri. m 'N'AESfi7SId3rL""'r •p1'DA'49t�rL".nw.a r s mirti.w.Aff1onp.t r¢na+ Figure 6 �1 i r rr uo u I r i r nwo ow wrwII M.E u� c.Ew.r r:.n 'tT.lr .n Pursuant to the standards, any deviation will require the Building Official approval. The proposed deviation has been reviewed by the Building Official and has been determined to be consistent with the intent of the established standards. Appropriate findings have been included to support the request. Tustin City Code Section 9231B authorizes the Planning Commission to review and take action on Tentative Maps; however, since the proposal includes other entitlement applications that require City Council approval, VTfM 17507 is to be forwarded to City Council for concurrent consideration. Development Agreement: To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted the Development Agreement Statute of the Government Code. Pursuant to the Statute, the City may enter into an agreement with any person having a legal or equitable interest in real property and to provide for the development of such property and to establish certain development rights therein. In addition, the MCAS Tustin Specific Plan Section 4.2.9 requires a Development Agreement in conjunction with or prior to approval of any entitlements associated with private development. DA 2013 -002 included herewith as Attachment C will provide for the orderly implementation of the General Plan, MCAS Tustin Specific Plan, the phased development and completion in accordance with the DDA, and certain assurances to the Developer and the City. These assurances require the cooperation and participation of the City and Developer and could not be secured without mutual cooperation in and commitment to the comprehensive planning effort that has resulted in the DA and the Specific Plan. The DA will include, but not be limited to, the following provisions: • The term of the Development Agreement. • Public benefits. • The timing of development asset forth in the DDA. • Construction of infrastructure and public facilities. • Annual review of Developer's performance, etc. Planning Commission Report December 10, 2013 Standard Pacific Page 14 Pursuant to Tustin City Code Section 9607, the Planning Commission shall consider the Development Agreement and make a recommendation thereon to the City Council. The Planning Commission shall forward its recommendation to the City Council within thirty (30) days of the time specified for the public hearing. Other Agencies Input In compliance with State Subdivision Map Act, the City sent out letters along with a copy of the Tentative Tract Map of affected agencies. In response, three (3) agencies provided comments (Attachment D). The Department of Transportation, District 12, indicated their support of the project and asked that subsequent or significant changes to the agreed upon traffic /transportation mitigation to the original program FEIS /EIR be evaluated to determine if there are direct and /or cumulative impacts to the State Highway System. Southern California Edison advised that the proposed map will not be unreasonably interfered with the free and complete exercise of any easements and /or facilities held by Southern California Edison Company. The City of Irvine requested updated information to the Planning Area Trip budget for Tustin Legacy and staff has provided the City of Irvine with the updated table. No further comments were received. Environmental Review 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. 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 May 21, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the Final EIS /EIR in conjunction with the South Orange County Community College District project. The Final EIS /EIR as amended by the Supplement and the Addendums is referred to herein as the "FEIS /EIR." The FEIS /EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addendums and Supplement considered the potential environmental impacts associated with development on the former MCAS Tustin. An Environmental Checklist (Initial Study) has been prepared and concluded that the proposed actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. CONCLUSION The proposed General Plan Conformity, SPA 2013 -002, DA 2013 -003, TTM 17507, CP 2013- 002 and DR 2013 -006 are consistent with the MCAS Tustin Specific Plan and the General Plan and would not have any significant impact to the overall development potential currently allowed. Accordingly, staff recommends that the Planning Commission recommend the City Council to approve General Plan Conformity, SPA 2013 -002, DA 2013 -003, TTM 17507, CP 2013 -002 and DR 2013 -006 Planning Commission Report December 10, 2013 Standard Pacific Page 15 J i a i Ikom Assistant Director - Planning Attachments: A. Location Map B. Submitted Plans Elizabeth A. Binsack Director of Community Development C. Development Agreement 2013 -003 (Draft Ordinance No: 1441) D. Other Agencies Comments E. Planning Commission Resolution No. 4238 — General Plan Conformity F. Planning Commission Resolution No. 4239 • Exhibit A: MCAS Tustin Specific Plan EIS /EIR Initial Study and Checklist • Exhibit B: Specific Plan Amendment (Draft Ordinance No: 1440) • Exhibit C: Conditions of Approval ATTACHMENT A Location Map LOCATION MAP STANDARD PACIFIC DISPOSITION PARCEL 1 B & 6 ATTACHMENT B Submitted Plans (Due to voluminous nature of the submitted plans, the plans have been provided to the Planning Commission via separate binder and the plans are available at Community Development Department for review) ATTACHMENT C Development Agreement 2013 -003 (Draft Ordinance No. 1441) DRAFT ORDINANCE NO. 1441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2013 -003 BETWEEN THE CITY OF TUSTIN AND THE STANDARD PACIFIC CORP. TO FACILITATE THE DEVELOPMENT OF 375 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That proper application has been submitted by Standard Pacific Corp. for the development of 375 residential units, a focal park and other neighborhood amenities on approximately 78 acre site currently owned by the City of Tustin within Planning Areas 15 of the MCAS Tustin Specific plan. B. 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. C. That a public hearing was duly called, noticed, and held on said application on December 10, 2013, by the Planning Commission. The Planning Commission adopted Resolution No. 4239 recommending that the City Council adopt Ordinance No. 1441. D. That a public hearing was duly called, noticed, and held on said application on January 7, 2014, by the City Council. E. 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. And, on May, 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS /EIR. The FEIS /EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addenda and Supplement considered the Ordinance No. 1441 DA 2013 -003 Page 2 potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. F. That the Development Agreement can be supported by the following findings: 1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the MCAS Tustin Specific Plan in that residential uses are permitted uses within Planning Area 15 of Neighborhood G. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 15) in that similar and compatible uses are envisioned within the close proximity of the project site 3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project would provide 375 various styles of new housing units for new and existing Tustin residents thereby providing additional option of housing types to the City's housing stock. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the MCAS Tustin Specific Plan, Tustin City Code, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed Development Agreement and conditions of approval will ensure that the project will have a positive fiscal impact on the City. SECTION 2. The City Council hereby approves Development Agreement 2013 -003 attached hereto as Exhibit A and subject to final approval of the City Attorney. Ordinance No. 1441 DA 2013 -003 Page 3 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 7th day of January, 2014. ELWYN A. MURRAY Mayor JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) ORDINANCE NO. 1441 JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1441 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7th day of May, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the _ day of 2014 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Published: CITY OF TUSTIN OFFICIAL BUSINESS REQUEST DOCUMENT BE RECORDED AND BE EXEMPT FROM PAYMENT OF A RECORDING FEE PER GOVERNMENT CODE 6103 AND 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, California 92780 Attn: City Clerk Space Above This Line Reserved for Recorder's Use Only TUSTIN LEGACY DEVELOPMENT AGREEMENT THIS TUSTIN LEGACY DEVELOPMENT AGREEMENT ( "Agreement ") is entered into effective as of the Effective Date (as defined below) by and between the CITY OF TUSTIN, a California municipal corporation ( "City"), and STANDARD PACIFIC CORPORATION, a Delaware Corporation ( "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 intend, concurrently with the execution of this Agreement, to enter into the Tustin Legacy Disposition and Development Agreement for Disposition Parcels 113 and 6A, as the same may be amended from time to time (the "DDA ") pursuant to which City Stan Pac DA 10 -27 -2013 (agd) FINAL j City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement shall agree to sell, and Developer shall agree 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 /or legal interest in the Property (as defined below) in that it has the contractual right to purchase the Property from City for development of the Project. 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 the City ( "General Plan"), and the phased development and completion of the Project in accordance with the DDA and the Specific Plan (as defined below). 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 those certain public improvements specified 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 not be secured without mutual Stan Pac DA 10 -27 -2013 (agd) FINAL 2 City of Tustin/Standard Pacific Corp. 1 1!2772013 Development Agreement cooperation in and commitment to the comprehensive planning effort that has resulted in the DDA and the Specific Plan. 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 certain 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: 1. Assurance to Developer that, in return for Developer's commitment to the development of the Property that is contained in the DDA, any approved entitlements, and the Specific Plan, City will in turn remain committed to the Existing Entitlement Approvals; 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 rely upon the Vested Rights in the development of the Property; and 3. Assurances to Developer that in City's administration of the Existing Entitlement Approvals, 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. The Development Agreement Statute authorizes 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 (as defined below) and additional consideration described in this Agreement, and Developer wishes to enter into a development agreement with City to avoid the development risks and uncertainties and to obtain the assurances described above. Stan Poe DA 10 -27 -2013 (agd) FINAL 3 City of Tustin"Standard Pacific Corp. 11/27/2013 Development Agreement I. 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 Existing Entitlement Approvals 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 the 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 and the Applicable Rules, all as more particularly set forth herein. J. City has determined that this Agreement and the Project are consistent with the General Plan and the Specific Plan and that this Agreement complies with the findings established by Tustin City Code Section 9611 in that the Agreement: 1. Is consistent with the objectives, policies, general land uses and programs specified in the General. Plan and the Specific Plan. 2. Is compatible with the uses authorized in the district in which the real property is located (Specific Plan Planning Area 15). Note: the proposed for sale residential project complies with the uses authorized by the Specific Plan. 3. Is in conformity with the public necessity, public convenience, general welfare, and good land use practices. Note: the Project will enhance housing opportunities within the City and support economic development and activity in the vicinity of the Project. 4. Will not be detrimental to the health, safety, and general welfare. Note: compliance with the 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 the DDA will ensure that the Project will have a positive fiscal impact on the City. K. On 2013, the Planning Commission held a public hearing on this Agreement, made certain findings and determinations with respect thereto, and recommended to the City Council of City that this Agreement be approved. On 2013, 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. Stan Pac DA 10 -27 -2013 (agd) FINAL 11/27/2013 4 City of Tustin /Standard Pacific Corp. Development Agreement AGREEMENT 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: 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. 1.1.1 "Action" is defined in Section 8.10. 1.1 .2 "AD /CFD" is defined in Section 3.1.1. 1.1.3 "Administrative Amendment" is defined in Section 2.6.2. 1.1.4 "Agreement' is defined in the introductory paragraph. 1.1.5 "Applicable Rules" means (a) the Existing Land Use Regulations of the City, (b) the Future Rules that are not in conflict (as defined in Section 3.6.2) with the Vested Rights; (c) the Future Rules made applicable to the Project and /or the Property pursuant to Section 3.10; (d) the Existing Entitlement Approvals, and (e) the Subsequent Entitlement Approvals to which the Project and /or the Property or development and use thereof are made subject to pursuant to the terms of this Agreement. 1.1.6 "Applications" is defined in Section 3.11.2. 1.1.7 "Certificate" is defined in Section 4.4. 1.1.8 "City" is defined in the introductory paragraph. 1.1.9 "Costs" is defined in Section 8.10. 1.1.10 "Damages" is defined in Section 5.3. L I M "DDA" is defined in the Recital B. 1.1.12 "Decision" is defined in Section 8.10. 1.1.13 "Defaulting Party" is defined in Section 5.1. 1.1.14 `Developer" is defined in the introductory paragraph and includes any Stan Pac DA 10 -27 -2013 (agd) FINAL I City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement Successors In Interest of Developer. 1.1.15 "Development Agreement Statute" is defined in Recital A. 1.1.16 "Development Permits" means all ministerial 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, the Applicable Rules and any required environmental mitigation, including without limitation any engineering permits, grading permits, foundation permits, construction permits and building permits. 1.1.17 "Effective Date" means the date the City's ordinance approving this Agreement becomes effective and, if not otherwise specified in this Agreement, shall mean the date upon which this Agreement is recorded by City in the Official Records. 1.1.18 "EIR" means the Final Environmental Impact Statement /Final Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (Final EIS /EIR) and Mitigation Monitoring and Reporting Program for the Final EIS /EIR adopted by the City on January 16, 2001 as subsequently modified by Supplement to the Final EIR/EIS and Addenda to the Final EIS /EIR approved by the City. 1.1.19 "EIR" means the Final Environmental Impact Statement/Final Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (Final EIS /EIR) and Mitigation Monitoring and Reporting Program for the Final EIS /EIR adopted by the City on January 16, 2001 as subsequently modified by Supplement to the Final EIR/EIS and Addenda to the Final EIS /EIR approved by the City. 1. 1.20 "Entitlement Approvals" means all discretionary land use approvals and entitlements including, without limitation, Specific Plan amendments, Tentative and Final tract maps, 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 and all conditions of approval legally required by City as a condition to subdivision of the Property, development of the Property, and construction of the improvements in accordance with this Agreement. Entitlement Approvals shall be comprised of the Existing Entitlement Approvals and the Subsequent Entitlement Approvals. 1.1.21 "Existing Entitlement Approvals" means all Entitlement Approvals approved or issued prior to the Effective Date and including the following which are a matter of public record on the Effective Date: (a) Development Agreement (DA) 2013 -003, (b) Concept Plan (CP) 2013 -002, (c) Design Review (DR) 2013 -06, (d) Specific Plan Amendment (SP) 2013- 002 and (e) Tentative Tract Map (TTM) 17507, required for the proposed development of 375 single family detached residential homes at the Property. 1.1.22 "Existing Land Use Regulations" means the Land Use Regulations in effect on the Effective Date, including without limitation, the General Plan, the City Zoning Stan Pae DA 10 -27 -2013 (agd) FINAL 2 City of Tustin /Standard Pacific Corp. 1 027/2013 Development Agreement Code, the Specific Plan, and all other ordinances, resolutions, rules, and regulations of the City governing development and use of the Property in effect as of the Effective Date. 8.11.2. 1. 1.23 "First Party" is defined in Section 8.11.3. 1.1.24 "Future Rules" is defined in Section 3.6.2. 1.1.25 "Force Majeure Delay" is defined in Section 8.11.1 as limited by Section 1. 1.26 "General Plan" is defined in Recital D. 1.1.27 "Initial Channel Condition" is defined in Section 3.17.1. 1. 1.28 "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, and the provisions for reservation or dedication of land for public purposes. 1. 1.29 "Lump Sum Payment' is defined in Section 3.13.3. 1.1.30 "Non - Defaulting Party" is defined in Section 5.1. 1.1.31 "Party" and "Parties" are defined in the introductory paragraph. 1. 1.32 "Prevailing Party" is defined in Section 8.10. 1.1.33 "Project' means the development of the Property contemplated by the Entitlement Approvals as such Entitlement Approvals may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.34 "Project Fair Share Contribution" is defined in Section 3.13.3. 1.1.35 "Property" means the real property described on Exhibit "A" and shown on Exhibit `B" to this Agreement. 1. 1.36 "Public Benefits" means those public benefits to be provided by the Developer and the Project as described in Section 3.1 of this Agreement that comprise enforceable additional consideration to City for this Agreement. 1.1.37 "Reservation 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 3.10. 1. 1.38 "Second Party" is defined in Section 8.11.3. Stan Pre DA 10 -27 -2013 (agd) FINAL 3 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement 1.1.39 "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. 1.40 "State" means the State of California. 1.1.41 "Subsequent Entitlement Approvals" means Entitlement Approvals, if any, approved by City subsequent to the Effective Date in connection with development of the Property. 1. 1.42 "Successors In Interest" means any person having a legal or equitable interest in the whole of the Property, or any portion thereof. 1.1.43 "Tax A" is defined in Section 3.LL 1.1.44 "Tax B" is defined in Section 3.LL 1. 1.45 "Tustin City Code" means the municipal code of the City of Tustin. 1.1.46 "Vested Right" means the rights granted to Developer pursuant to this Agreement upon its acquisition of the Property to develop the Property in accordance with, and subject to the terms and conditions of this Agreement, the Existing Entitlement Approvals and any Subsequent Entitlement Approvals approved by City and made applicable to the Property pursuant to 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. Exhibit "C" — "Public Benefit Improvements" 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. Interests in 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. Stan Pac DA 10.27 -2013 (agd) FINAL 4 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement 2.3. Term. The term of this Agreement shall commence on the Effective Date and shall continue for a term of seven (7) years 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 during the term of any Force Majeure Delay, provided that the maximum term of this Agreement as extended by Force Majeure Delay shall be eight (8) years. 2.4. Assignment. 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 2.2 of the DDA, which are incorporated herein by this reference as though fully set forth in this Agreement, and the following conditions: (a) Developer secures the written consent of City if required pursuant to Section 2.2 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 2.2 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. Stan Pae DA 10 -27 -2013 (agd) FINAL j City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement 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 apply only with respect to obligations of Developer following the effective date of the assignment and 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; (b) City has consented to the assignment or transfer if required under Section 2.4.1; (c) The assignment or transfer is not a Transfer to an Affiliate or a Builder Transferee or other Transfer or Transfer of Control for which the DDA expressly provides that Developer shall not be released from its obligations under the DDA; (d) The assignment or transfer is an assignment of all Developer's interest in the Property, the DDA and this Agreement; (e) An assignee or transferee has assumed all duties and obligations as to which Developer is requesting to be released pursuant to an Assignment and Assumption Agreement approved by City; and (f) 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. 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 portion of the Property. Notwithstanding the foregoing, the burdens of this Agreement shall terminate as to any Lot or Home conveyed to an End User, including, any individual residential unit that is sold or leased after issuance of a certificate of occupancy, and such Lots and Homes 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). 2.6. Amendment or Cancellation of Agreement. 2.6.1 Generally. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Sections 65865.1 or 65868 and Tustin City Code Section 9615. This provision shall not limit any remedy of City or Developer as Stan Pac DA 10 -27 -2013 (agd) FINAL 11/27/2013 City of Tustin /Standard Pacific Corp. Development Agreement 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. 2.6.2 Administrative Amendments. 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 or the conditions, terms, restrictions and requirements relating to Subsequent Entitlement Approvals of City, revisions to Public Benefits (other than to the time for performance of such Public Benefits) 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 City Council shall conduct a noticed public hearing to consider the request and the Planning Commission's recommendation on the matter. At the conclusion of the public. hearing, the City Council may approve, deny, or conditionally approve the amendment. 2.6.3 Consent to Amendments. In the case of amendments affecting portions of the Property, only the consent of the owner of such portion of the Property 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 Property. Any Future Rule applicable pursuant to this Agreement and any amendment of City Land Use Regulations including 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. 2.6.4 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 and the Public Benefits in accordance with the terms of this Agreement, the DDA, Entitlement Approvals and the Applicable Rules, including issuance of all required occupancy permits and acceptance by City or applicable public Stan Pac DA 10 -27 -2013 (agd) FINAL 7 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement agency of all required public improvements and dedications, and City issuance of a DDA Certificate of Compliance; Article 5; or (e) Due to termination by City in accordance with Section 4.3 or (f) Upon mutual written agreement of City and Developer. In addition, City shall have the right, but not the obligation, to terminate this Agreement as to the portion of the Property reacquired by it pursuant to the Right of Purchase or the Right of Reversion under the DDA. Termination of this Agreement shall not constitute termination of any other Entitlement Approvals 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. 2.7. 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 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 with next Business -Day 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: City of Tustin 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. Stun Pac DA I0 -37 -3013 (agd) FINAL 1 1/27i2013 City of Tustin /Standard Pacific Corp. Development Agreement If to Developer: Standard Pacific Homes c/o Michael C. Battaglia 15360 Barranca Parkway Irvine, CA 92618 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attn: John A. Ramirez 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. DEVELOPMENT OF THE PROPERTY. 3.1. Public Benefits. This Agreement provides assurances that the Project identified below will be achieved and developed in accordance with the Applicable Rules and this Agreement, and subject to City's Reservation of Authority. The Parties believe that such orderly development of the Project will provide the benefits to the City and additional regional public benefits, including without limitation: new housing in immediate adjacency to employment, increased tax revenues, installation of on -site and off -site improvements, and creation and retention of jobs. In addition Developer will provide the following additional Public Benefits which constitute specific additional consideration for this Agreement for the benefit of City: 3.1.1 Community Facilities District Formation. Developer and its Successor Owners shall pay the following amounts to City through imposition of an assessment district or community facilities district with respect to the Property and the Improvements (the "AD /CFD "). City shall have the right to establish the AD /CFD in its sole discretion and in accordance with any additional requirements (including any limitation on overall tax burden) set forth in the DDA. The AD /CFD will have two components, as follows: (a) Special Tax "A" ( "Tax A ") the proceeds of which may be used by City for any lawful purpose. The annual property tax burden on the Property resulting from Tax A shall not exceed 0.31 % of the estimated value of the Property and the Improvements thereon established in the CFD Schedule attached as Attachment 24 to the DDA and adjusted upward thereafter at two percent (2 %) per year as further described in the rate and method of apportionment. (b) Special Tax "B" ( "Tax B "), the proceeds of which shall be used by City to fund a portion of City essential services, including police and fire protection, ambulance and paramedic services, recreation programs and services, street sweeping, traffic signal maintenance and the maintenance of City -owned parks, parkways and open spaces, lighting, flood control and storm drain services and other City services and facilities at Tustin Legacy. The annual property tax burden on the Property resulting from Tax B shall not exceed 0.15% of the estimated value of the Property and the Improvements thereon established in the CFD Schedule attached as Attachment 24 to the DDA and adjusted upward thereafter at two percent Stan Pac DA 10.27 -2013 (agd) FINAL 9 City of Tustin /Standard Pacific Corp. 11/27,12013 Development Agreement (2%) per year as further described in the rate and method of apportionment. The term of Tax B imposed upon the Property and the Improvements shall be perpetual and shall not be time limited in any manner unless determined by City in its sole discretion. (c) At the sole discretion of City, the AD /CFD may be structured such that assessments shall be due and payable with respect to the Property without consideration for whether or not Homes have been Completed thereon (i.e., such that all Lots shall be assessed as improved or developed property); provided however, that there shall be no AD /CFD assessment on unimproved land or undeveloped portions of the Property until the Initial Channel Condition has been satisfied. (d) City will provide Developer with the opportunity to review and provide input on all documents and budgets relating to the formation of the AD /CFD (including any funding and acquisition agreement and the rate and method of allocating Tax A and Tax B) at least thirty (30) days prior to the date on which the formation documents are expected to be submitted for the agenda package for the first public hearing related to the formation of the AD /CFD. (e) Tax A and Tax B shall be a tax and lien upon the Property and the Improvements in accordance with the terms of the instruments governing the AD /CFD. (f) Developer will not oppose a determination by City to form the AD /CFD including all or any portion of the Property and Improvements subject thereto or any assessments by the AD /CFD provided that the AD /CFD and such assessments comply with clauses (a) through (e) above. (g) There shall be no tax or other financial burden imposed on the Property or the Improvements thereon on account of the AD /CFD or any similar taxing authority such as a School Facility Improvement District formed by City or any agency or instrumentality of City or Controlled by City, other than Tax A and Tax B, and Tax A and Tax B shall be in lieu of any other assessments, special taxes, fees or charges that may otherwise be charged on account of the types of services covered thereby. Notwithstanding the foregoing sentence, City shall not be prohibited by the terms of this Agreement from subjecting the Property and Improvements thereon to any increase in ad valorem real property tax pursuant to a City of Tustin -wide election, provided that nothing herein shall be construed to constitute a waiver by Developer of its right or ability to dispute or oppose passage of a City of Tustin -wide bond, the proposed formation of any special district or taxing authority in connection therewith, or the imposition of any such tax, or its right to dispute any portion of the Property' assessed value. 3.12 Developer shall pay the Project Fair Share Contribution to the City as and when described in Section 3.13.3. 3.1.3 Developer shall complete the Public Benefit Improvements listed on Exhibit "C" within the time periods set forth therein. Stan Pac DA 10 -27 -2013 (agd) FINAL 10 City ofTustin /Standard Pacific Corp. 11/27/2013 Development Agreement Notwithstanding anything to the contrary in this Agreement, if any payment under this Section is not made or any obligation requiring performance is not performed by Developer, the City may withhold further issuance of building permits and other approvals, including final maps, for the Project until such time as Developer has made the required payment or undertaken the required performance. 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 Existing Entitlement Approvals and with the terms of this Agreement and subject to 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 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 except for Future Rules made applicable pursuant to the terms of this Agreement. 3.3. 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. 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 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, Entitlement Approvals and Reservation of Authority, subject to the terms and conditions of this Agreement. 3.4. Applicability of the Agreement. This Agreement does not: (a) grant density or intensity in excess of that otherwise established in the Existing Entitlement Approvals; (b) eliminate future discretionary actions relating to the Project that are either required by the Applicable Rules or requested by Developer pursuant to applications initiated and submitted by Developer after the Effective Date; (c) guarantee that Developer will receive any profits from the Project; (d) amend the DDA, the Specific Plan or the General Plan; (e) except as specifically set forth in Section 3.6.2 and 3.10, protect the Developer, the Project or the Property from the applicability of any Future Rules to the extent imposed pursuant to City's Reservation of Authority or, if not so imposed, not in conflict (as defined in Section 3.6.2) with Existing Land Use Regulations or (f) protect the Developer, the Project or the Property from the applicability of any increases in development fees or processing fees. Stan Pac DA 10 -27 -2013 (agd) FINAL j 1 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement 3.5. Agreement and Assurance on the Part of the Developer. In consideration for City entering into this Agreement, and as an inducement for 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 ag=rees 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 the Existing Entitlement Approvals. 3.5.2 Additional Obligations of Developer as Consideration for this Agreement. In addition to the obligations identified in Section 3. 1, the development assurances provided by this Agreement and the resulting construction of the Project will result in the following: (a) Construct a 375 -unit single family detached residential complex at Disposition Package Sites 1 B and 6A, Tustin Legacy, consistent with this Agreement, the Applicable Rules, the Entitlement Approvals and the DDA, including without limitation in accordance with the schedule of performance set forth in the DDA. (b) Construct all Improvements identified in the DDA in accordance with the schedule of performance set forth in the DDA. (c) Complete all Public Benefit Improvements identified on Exhibit "C" in accordance with the schedule of performance set forth in the DDA and this Agreement. (d) Comply with the DDA, the Applicable Rules and Entitlement Approvals, state and federal law, all mitigation measures, including measures imposed pursuant to CEQA, all Development Permits and all conditions of approval associated with the foregoing. (e) Developer acknowledges that City has elected to fund certain portions of the Tustin Legacy Backbone Infrastructure Program through imposition of a landscape and lighting district, master maintenance association, assessment district, or any other method or means determined by 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. (f) Pay all required development related fees, including but not limited to any required Tustin Legacy Backbone Infrastructure Program Fees pursuant to the terms and conditions set forth in the DDA and this Agreement. 3.6. Agreement and Assurances on the Part of 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, City hereby agrees as follows: Stan Pac DA 10 -27 -2013 (agd) FINAL 12 City of Tustin /Standard Pacific Corp 11/27/2013 Development Agreement 3.6.1 Applicable Relations: Vested Right to Develop. To the maximum extent permitted by law, Developer has the vested right for the term of this Agreement to develop the Project subject to the terms and conditions of the DDA, this Agreement, the Applicable Rules, state and federal law, and the Existing Entitlement Approvals and any Subsequent Entitlement Approvals approved by City, in each case subject to 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 3.6.2, 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, the Applicable Rules, and the Entitlement Approvals. In connection therewith and subject to the terms of this Agreement including the Reservation of Authority, Developer shall have the Vested Rights to carry out and develop the Property in accordance with the Applicable Rules and the Entitlement Approvals and the provisions of this Agreement. 3.6.2 Changes Authorized by City. 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 of City (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) following the Effective Date (collectively, "Future Rules ") are not in conflict with the Vested Rights, such Future Rules shall be applicable to the Project. For purposes of this Section 3.6.2, the word "conflict" means Future Rules that would (a) frustrate in a more than insignificant way the intent or purpose of the Applicable Rules in relation to the Project; (b) materially increase the cost of performance of, or preclude compliance with, any provision of the Vested Right; (c) delay in a more than insignificant way development of the Project; (d) 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 (e) impose limits or controls in the rate, timing, phasing or sequencing of development of the Project. Notwithstanding the foregoing, a Future Rule that conflicts with the Applicable Rules shall nonetheless apply to the Property if, and only if one of the following apply: (i) it is consented to in writing by Developer; (ii) it is determined by City and evidenced through findings adopted by the City Council that the change or provision is reasonably required in order to prevent a condition dangerous to the public health or safety as set forth in Section 3.10.3 below; (iii) required by changes in State or Federal law as set forth in Section 3.10.2 below; (iv) it consists of revisions to, or new building regulations permitted by Section 3.10.4; or (v) it is otherwise expressly permitted by this Agreement. 3.6.3 Availabilitv of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall use commercially reasonable efforts assist Developer Stan Pac DA I0 -27 -2013 (agd) FINAL 13 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement in reserving such capacity for sewer and water services as may be necessary to serve the Project, at no cost or expense to City. 3.6.4 Allocation of Development Ri > is Under Specific Plan. City hereby acknowledges that it has allocated to the Property and reserved for development of the Project a total of approximately 375 residential units from the total Specific Plan Planning Area 15 authorization of 1,214 residential units; provided that the total residential units allocated to the Property shall be equal to the number of Lots on a final tract map creating residential parcels approved by City and Developer and Developer shall only be entitled to develop residential units equal to the number of Lots shown on the Final Map. Unless otherwise agreed by City in its sole discretion, City shall retain the excess development rights remaining after deducting the number of residential units allocated to the Property from the Specific Plan Planning Area 15 authorization of 1,214 residential units. The residential units allocated to the Property shall be equal to the number of Lots on the Final Map and Developer shall only be entitled to develop residential units equal to the number of Lots shown on the Final Map. Except to the extent any of such rights were conveyed by City to third parties prior to the Effective Date, City shall retain all residential units and all development rights associated with Specific Plan Planning Area 15 above the number of Lots shown on the Final Map and such residential units and development rights shall be freely transferable by City throughout Tustin Legacy. 3.7. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation 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 3.6.2, the subdivision of land and requirements for infrastructure and public improvements, and other terms and conditions of the Project, shall be the Applicable Rules 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 the same manner as it exercises its discretion under its police powers, including the Reservation 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 (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. Subsequent Entitlement Approvals; Changes and Amendments. The Parties acknowledge that refinement and further development of the Project may require Subsequent Stan Pac DA 10-27 -2013 (agd) FINAL 14 City of Tustin /Standard Pacific Corp. 11/2712013 Development Agreement Entitlement Approvals and may demonstrate that changes are appropriate and desirable in the Existing Entitlement Approvals. Entitlement Approvals (except for this Agreement, the amendment process for which is set forth in Section 2.6) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer (at its sole and absolute discretion). All amendments to the Entitlement Approvals shall automatically become part of the Applicable Rules. 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 Applicable Rules, except as otherwise provided by this Agreement, including the Reservation of Authority. If approved, any such change in the Existing Entitlement Approvals shall thereafter be deemed to be an Existing Entitlement Approval and a Vested Right for all purposes of this Agreement without requiring an amendment to this Agreement and may be further changed from time to time as provided in this Section. 3.10. Reservation of Authority. Notwithstanding any other provision of this Agreement to the contrary, the Future Rules described in this Section 3.10 shall apply to and govern development of the Property and Project to the extent set forth herein. 3. 10.1 Consistent Future City Regulations. Future Rules shall apply to and govern development of the Property, provided that any Future Rules which reduce the density or intensity of the Project below that permitted by the Existing Land Use Regulations or the Existing Entitlement Approvals, 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 Future Rules to the Property and the development of the Project to the extent that such Future Rules 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 (a) Developer does not waive its right to challenge or contest the validity of such State or Federal rules or regulations; and (b) such Future Rules, if otherwise in conflict with the Vested Rights (as described in Section 3.6.2) 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 Future Rules undertaken pursuant thereto) prevents or precludes substantial compliance with one or more provisions of 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 Future Rules), 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. Stan Pac DA 10 -27 -2013 (agd) FINAL 15 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement 3.10.3 Public Health and Safety. Nothing in this Agreement shall preclude the City Council from adopting and applying Future Rules that the City Council 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 Future Rules, 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 Future Rules 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 3.10.3 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. 3.10.5 Police Power. 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 permit, 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. City shall employ all lawful actions capable of being undertaken by City to promptly (a) accept all complete applications for Subsequent Entitlement Approvals (collectively, "Applications ") and (b) process and take action upon Applications in accordance with the Applicable Rules 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 good faith efforts to accelerate the processing time 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. At such time as a Subsequent Entitlement Approval applicable to the Property is approved by Stan Pac DA 10 -27 -2013 (agd) FINAL 16 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement City, then such Subsequent Entitlement Approval shall become subject to all of the terms and conditions of this Development Agreement and shall be treated as an "Entitlement Approval" under this Development Agreement. 3.11.3 Filings. Developer shall exercise reasonable efforts to file applications for Development 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 Development 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 at its sole risk with development of the Project pursuant to the DDA the Applicable Rules and Entitlement Approvals to the fullest extent allowed by law. 3.12. CEQA. This Agreement does not modify, alter or change the City's obligations pursuant to CEQA. Developer acknowledges that City is required by State law to comply with CEQA in the consideration and approval of any Subsequent Entitlement Approval and/or any amendment to this Agreement. The EIR, which has been certified by City as being in compliance with CEQA, addresses the potential environmental impacts of the entire Project as it is described in the Existing Entitlement Approvals. Nothing in this Agreement shall require or be construed to require CEQA review of ministerial approvals. It is agreed that, in acting on any discretionary Subsequent Entitlement Approvals for the Project, City shall rely on the EIR to satisfy the requirements of CEQA to the extent permissible by CEQA. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Entitlement Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Entitlement Approval and City shall conduct such CEQA review as expeditiously as possible, at Developer's expense. Nothing herein shall restrict or limit the obligation of Developer to pay for and implement any additional mitigation measures or conditions of approval imposed as a result of such CEQA and any Subsequent Entitlement Approval process. 3.13. Fees. 3.13.1 Processing Fees and Charges. Developer shall pay those processing, inspection and plan checking fees and charges required by City under the then current regulations for processing applications and requests for permits, approvals, and other actions and Stan Pae DA 10 -27 -2013 (agd) FINAL 17 City of TustinfStandard Pacific Corp. 11/27/2013 Development Agreement monitoring compliance with any permits issues or approvals granted. 3.13.2 Development Fees. City shall have the right to impose, and Developer shall pay, all development fees adopted by City at the time of issuance of building permits for the Project. 3.13.3 Project Fair Share Contribution. Developer shall pay its fair share of the Tustin Legacy Backbone Infrastructure Program, which is equal to Sixteen Million Nine Hundred Thirty Four Thousand Seven Hundred and Four Dollars ($16,934,704) as further described below (the "Project Fair Share Contribution "): (a) Provided that upon Recordation the Final Map contains 375 single family Lots, the amount due as a condition to building permit issuance for each Home shall be Forty Five Thousand One Hundred Fifty Nine and 21/00 Dollars ($45,159.21). In the event the Final Map consists of more or less than 375 single family residential Lots, the Project Fair Share Contribution per Home shall be calculated by dividing $16,934,704 by the number of single family residential Lots shown on the Final Map. (b) Until the Initial Channel Condition is satisfied (as described in Section 3.17.1), the Project Fair Share Contribution shall be paid by Developer on a per Home basis as a condition to the issuance of a building permit for each Home developed within the Property. Upon satisfaction of the Initial Channel Condition, the payment of the Project Fair Share Contribution for the remainder of the Homes within the Project shall be fully due and payable to City as a lump sum (the "Lump Sum Payment ") within 30 Business Days following delivery by City of notice that the Initial Channel Condition has been satisfied. The Lump Sum Payment shall be equal to the difference between S 16,934,704 and the amount of the Project Fair Share Contribution previously paid by Developer to City. (c) The Project Fair Share Contribution is an independent obligation of Developer that is due and payable with respect to and in accordance with the terms of this Agreement. 3.14. Dedications. Developer acknowledges and agrees that it is required (and will be required) to dedicate to City and other public agencies on the approved tentative tract map, or in conjunction with Entitlement Approvals, certain required dedications as required by the DDA and the Applicable Rules, and pursuant to the EIR and as required 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 ". 3.15. 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 Stan Pac DA 10 -27 -2013 (agd) FINAL 18 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement pocket cost to City, with Developer in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of City. 3.16. Tentative Tract Map Extension. Any subdivision 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 rights or obligations under the DDA. 3.17. Certain Restrictions on Building Permit Issuance. 3.17.1 Initial Channel Condition. City is a party to that certain Joint Cooperation Agreement with OCFCD dated March 11, 2003, as amended, relating to improvements to Peters Canyon Channel, which provides that no more than 1,000 residential units within the former master developer footprint of Tustin Legacy that drains to Peter's Canyon Channel may be occupied prior to commencement of additional improvements to Peters Canyon Channel. Developer acknowledges and agrees that pursuant to the terms of the DDA and the Existing Entitlement Approvals, from and after issuance of the 242nd building permit, City shall not issue building permits for further Homes until satisfaction of the following: (a) a contract has been let by City for the Channel Improvements and (b) construction of the Channel Improvements has commenced (collectively, the "Initial Channel Condition "). To that end, and inasmuch as the 243rd building permit issued with respect to the Property shall constitute the 1001 st residential unit within the former master developer footprint at Tustin Legacy, Developer acknowledges and agrees that (x) the development of the Project will require issuance by City of building permits which exceed this requirement and (y) unless otherwise agreed by City in its sole discretion, City will not issue building permits for more than 242 units of housing at the Project or upon the Property or any Lot until such time as the Initial Channel Condition is deemed by City to be met. Following the Effective Date, City shall not enter into any new agreement for the development of new residential units within Tustin Legacy that permits commencement of residential units before the Initial Channel Condition has been satisfied. The Parties acknowledge that City has previously granted rights to develop 758 residential units to other developers within Tustin Legacy that are not restricted by this requirement and nothing herein shall restrict the rights of developers under agreements previously entered into by City, from constructing residential units. 3.17.2 Recording of Final Map. Development of the Project will require approval by City of the Final Map. Developer acknowledges and agrees that City will not issue a building permit for any Homes, other than model Homes, until such time as (a) the Final Map has been approved by City and Recorded and (b) City and Developer have entered into a Subdivision Improvement Agreement in form approved by City in its Governmental Capacity. 3.18. Quimby Fees and Park Fees. All fees required in connection with the Project pursuant to the Quimby Act, California Government Code Section 66477 are included within the Project Fair Share Contribution and Developer shall not have any additional liability on account thereof. In consideration of Developer's construction of Park Facilities, as set forth in Tustin Stan Pac DA 10 -27 -2013 (agd) FINAL 19 City ofTustin /Standard Pacific Corp. I I /27/2013 Development Agreement Code Section 9331(d), Developer shall have no obligation to pay any park fees or develop any park facilities (other than the Park Facilities) in connection with the development of the Project. 4. ANNUAL REVIEW. 4.1. Timing and Annual Review. The 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 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. 4.2. 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. 4.2.1 Good Faith Compliance. 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 including the Scope of Development and Schedule of Performance; (b) conformance with the requirements of the Specific Plan; and (c) conformance with provisions of this Agreement identified by City. 4.2.2 Response. Developer or its successor in interest shall have the opportunity to be heard and respond to City's evaluation of Developer's performance, either orally or in a written statement, at Developer's election. 4.2.3 Non - Compliance. If, as a result of its periodic review as described in Section 4. 1, the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms or conditions of this Agreement, the City Council may commence proceedings to enforce, modify, or terminate this Agreement. 4.2.4 Referral. The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. 4.3. Modification or Termination. If the City Council determines to proceed with modification or termination 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 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 Stan Pac DA 10 -27 -2013 (agd) FINAL 20 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement take such action as it deems necessary to protect the interests of 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 (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: (a) this Agreement remains in effect, and (b) 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. If City does not find Developer to be in compliance with this Agreement, it shall not be obligated to issue the Certificate. DEFAULT REMEDIES. AND TERMINATION. 5.1. Default Procedure. 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 forth for any failure or breach of any other Party ( "Defaulting Party ") to perform any material duty or obligation of said Defaulting Party in accordance with the terms of this Agreement. 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. Stan Pac DA 10 -27 -2013 (agd) FINAL 21 City of Tustin /Standard Pacific Corp. 11/27/2013 Development .Agreement 5.2. City' Remedies. In the event of an uncured default by Developer under this Agreement, the City, 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 1094.5(b). 5.3. Developer's Remedies. In the event of an uncured default of City under this Agreement, Developer shall be entitled to any or all of the following remedies: (a) seeking mandamus or special writs, injunctive relief, or specific performance of this Agreement; (b) modification or termination of this Agreement; or (c) 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 Agreement, or for general, special, compensatory, expectation, anticipation, indirect, consequential, exemplary, or punitive damages ( "Damages ") arising out of or connected with any dispute, controversy, or issues regarding the application or effect of this Agreement, the DDA, the Applicable Rules, 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 City would not have entered into this Agreement if City could be held liable for Damages for any default or breach arising out of this Agreement and that Developer has adequate remedies other than Damages to secure City's compliance with its obligations under this Agreement. Therefore, Developer agrees that City, its officers, employees and agents shall not be liable for any Damages and that this section shall apply to all Successors in Interest 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 Applicable Rules, the DDA, or Entitlement Approvals for the Project or the approval of any CEQA document prepared in connection with the foregoing, Developer agrees, at its sole cost and expense, to defend (with counsel reasonably acceptable to City), indemnify, and hold harmless City, its officers, employees, agents, and consultants, from any claim, action, or proceeding against 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 the Project. City agrees to promptly notify Developer of any such claim or action filed against City and to cooperate in the defense of any such action. Developer shall also indemnify and hold harmless City and its agents, officials and employees from and against all claims, losses, or liabilities assessed or awarded against City by way of judgment, settlement, or stipulation. City may elect to participate in the defense of any such action under this condition. Stan Pac DA 10 -27 -2013 (agd) FINAL 22 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement 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 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 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. 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 securing financing with respect to the Property; provided that nothing herein shall modify or amend the restrictions set forth in the DDA with respect to Mortgages. Any Mortgagee holding a Mortgage that is not prohibited by the DDA shall be entitled to the following rights and privileges: (a) This Agreement shall be superior and senior to any lien placed upon the Property or any portion thereof after the date of recording of this Agreement, including without limitation 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 encumbering the Property, or any part thereof, and which is not securing the interest of an End User 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 concurrently with delivery of same to Developer and 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). Notwithstanding the foregoing, the failure of City to deliver a concurrent copy of such notice of default to a Mortgagee shall not affect in any way the validity of the notice of default as it relates to the Developer, and provided, further, the giving of any Stan Pac DA 10 -27 -2013 (agd) FINAL ] City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement notice of default or the failure to deliver a copy to any Permitted Mortgagee shall in no event create any liability on the part of the Person so declaring a default. (c) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the Mortgage 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, the Applicable Rules 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. S. 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 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 Stan Pac DA 10 -27 -2013 (agd) FINAL 1 1i27/2013 City ofTustin /Standard Pacific Corp. Development Agreement 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 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. Construction. 8.6.1 References to Sections Clauses and Exhibits. Unless otherwise indicated, references in this Agreement to sections, clauses and exhibits are to the same contained in or attached to this Agreement and all exhibits referenced in this Agreement are incorporated in this Agreement by this reference as though fully set forth in this Section. 8.6.2 Singular and Plural. As used herein, the singular of any word includes the plural. 8.6.3 Includes and Including. As used in this Agreement the words "include" and "including" mean, respectively, "include, without limitation" and "including, without limitation ". 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. 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. 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 any Party to this Agreement institutes any action, suit, counterclaim or other proceeding for any relief against another Party, declaratory or otherwise (collectively an "Action "), to enforce the terms hereof or to declare rights hereunder or with respect to any inaccuracies or material omissions in connection with any of the covenants, representations, warranties or obligations on the part of the other Party to this Agreement, then the Prevailing Party in such Action shall be entitled to have and recover of and from the other Party all costs and expenses of the Action, including (a) the Prevailing Party's reasonable attorneys' fees which shall be payable at the actual contractual hourly rate for City's litigation Stan Pae DA 10 -27 -2013 (agd) FINAL 11/27/2013 City of Tustin/Standard Pacific Corp. Development Agreement counsel at the time the fees were incurred, but in no event less than $200 per hour and (b) costs actually incurred in bringing and prosecuting such Action and /or enforcing any judgment, order, ruling or award (collectively, a "Decision ") granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether or not such Action is prosecuted to a Decision. Any Decision entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including reasonable attorneys' fees and expert fees and costs (collectively "Costs ") incurred in enforcing, perfecting and executing such judgment. For the purposes of this paragraph, Costs shall include in addition to Costs incurred in prosecution or defense of the underlying action, reasonable attorneys' fees, costs, expenses and expert fees and costs incurred in post judgment motions and collection actions, contempt proceedings, garnishment, levy, debtor and third party examinations, discovery, bankruptcy litigation, and appeals of any order or judgment. "Prevailing Party" within the meaning of this Section 8.10 includes a Party who agrees to dismiss an Action in consideration for the other Party's payment of the amounts allegedly due or performance of the covenants allegedly breached, or obtains substantially the relief sought by such Party. 8.11. Force Majeure. 8.11.1 "Force Majeure Delay" shall mean the occurrence of any of the following events when such event is beyond the control of the claiming Party and such Party's contractors and consultants and is not due to an act or omission of such Party or any consultant, contractor or other Person for whom such Party may be contractually or legally responsible, which directly, materially and adversely affects the ability of the claiming Party to meet its non - monetary obligations under this Agreement, including the deadlines imposed by the Schedule of Performance, or the ability of Developer to Complete the Project, and which events (or the effect of which events) could not have been avoided by due diligence and use of reasonable efforts by the Party claiming Force Majeure Delay: (a) Civil Unrest. An epidemic, blockade, quarantine, rebellion, war, insurrection, act of terrorism, strike or lock -out, riot, act of sabotage, civil commotion, act of a public enemy, freight embargo, or lack of transportation; (b) Unforeseeable Conditions. Reasonably unforeseeable physical condition of the Property including the presence of Hazardous Materials; (c) Casualty. Fire, earthquake, or other casualty, in each case only if causing material physical destruction or damage on the Property; (d) Litigation. Any lawsuit seeking to restrain, enjoin, challenge or delay any issuance of any Entitlement Approval or seeking to restrain, enjoin, challenge, or delay construction of the Project which is defended by the First Party; (e) Weather. Unusually severe weather conditions not reasonably anticipatable for the City of Tustin, based upon U.S. Weather Bureau climatological reports for the months included plus a report indicating average precipitation, temperature, etc. for the last ten (10) years from the nearest reporting station. Stan Pac DA 10-27 -2013 (agd) FINAL 1 U27/2013 City of TustinfStandard Pacific Corp. Development Agreement 8.11.2 Limitation. The term "Force Majeure Delay" shall be limited to the matters listed in Section 8.11.1 above and specifically excludes from its definition the following matters which might otherwise be considered Force Majeure Delay: (a) Entitlements. The suspension, termination, interruption, denial or failure to obtain or nonrenewal of any Entitlement Approval or Development Permit, license, consent, authorization or other permit or approval which is necessary for the development of the Project, except for any such matter resulting from a lawsuit as described in Section 8.11.1(d); (b) Foreseeable Changes in Governmental Requirements. Any change in Government Requirements which was proposed or was otherwise reasonably foreseeable at the Effective Date; (c) Failure to Perform Obligations. Failure of Developer to perform any obligation to be performed by Developer as the result of adverse changes in the financial condition of Developer; (d) Failure to Provide Financial Security. Failure of Developer to provide financial security required by this Agreement when due or to submit evidence of financing of the Project or to perform any obligation to be performed by Developer hereunder as the result of adverse changes in market conditions; (e) Failure to Submit Required Documentation. Failure to submit documentation as and when required by this Agreement; (f) Failure to Submit Entitlement Applications. Failure to timely submit applications for any Entitlement Approval or Development Permit required for construction of the Improvements or development of the Project on the Property when required pursuant to the Schedule of Performance; and (g) Failure to Execute Documents. Failure of the First Party to execute documents; and (h) Other Matters. All other matters not caused by the Second Party and not listed in Section 18.11.1. 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 ninety (90) calendar days from the date upon which the First Party becomes aware of such Force Majeure Delay, generally describing the Force Majeure Delay and its date of commencement. Upon written request from the Second Party, the First Party shall promptly provide the following information with respect to such Force Majeure Delay: a more detailed description of the Force Majeure Delay, when and how the First Party obtained knowledge thereof, 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 and such other information as the Second Party may reasonable request. The extension for Force Majeure Delay shall be granted or denied Stan Pac DA I0 -27 -2013 (agd) FINAL j City of Tustin /Standard Pacific Corp. 1112712013 Development Agreement 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 ninety (90) calendar days specified above, there shall be no extension for such Force Majeure Delay. 8.11.4 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 beyond that set forth in Section 2.3. 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 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 hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) 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 effect as if all of the Parties had executed the same instrument. - - - - - 8.14. Jurisdiction and Venue. 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. Proiect 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 Agreement. The only relationship between City and Developer with respect to this Agreement is that of a government entity regulating the development of private property and the 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 cant' out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. Stan Pac DA 10 -27 -2013 (agd) FINAL 6 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement 8.17. Estoppel Certificate. Any Party hereunder, may at any time, deliver a written notice to the other arty requesting such Party to certify in writing that, to the best knowledge of the certifying Party: (a) this Agreement is in full force and effect and a binding obligation of the Party; (b) 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, and, in each case, that the Agreement remains in full force and effect (including as amended or modified if applicable), and a continuing binding obligation of the Party; and (c) the requesting Party is not in default in performance of its obligations set forth in the Agreement, or if the Party is in default, provide a description of the nature of such default(s). A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt thereof. The party to whom such certificate is addressed, including any third party or Mortgagee, shall be entitled to rely on the 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. [SIGNATURES CONTAINED ON FOLLOWING PAGE] Stan Pac DA 10 -27 -2013 (agd) FINAL 11/27/2013 City of Tustin /Standard Pacific Corp. Development Agreement 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: Erica Rabe City Clerk Services Supervisor Dated: APPROVED AS TO FORM Office of the City Attorney Un David E. Kendig, Esq. "City" City of Tustin, California Mayor "Developer" By: Standard Pacific Corporation, a Delaware Corporation By: _ Name: Its: By: _ Name: Its: Stan Pac DA 10 -27 -2013 (agd) FINAL 8 City of Tustin /Standard Pacific Corp. 11/27/2013 Development Agreement EXHIBIT `A" TO DEVELOPMENT AGREEMENT Legal Description of Property Parcel 1: IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF ALL LOTS 8, 9, 10, 12, 14, MM, NN, 00, PP, TT, UU, VV, CCC, DDD, 000, ZZZ, AND AAAA AND PORTIONS OF LOTS 11, 13, QQ, RR, SS, CCCC, FFFF, GGGG AND 00000 OF TRACT 17404, AS SHOWN ON A MAP FILED IN BOOK 907, PAGES 6 THROUGH 42, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT A Stan Pn DA 1027 -2013 (eFd) FINAL -I- EXHIBIT `B" TO DEVELOPMENT AGREEMENT Map showing Property and its location TENTATIVE TR/ v ' j r` NII �';i 1tti II � �` tih` •q =� s;� x 3 � t M � £a2r = t •aa��_crr_rr•-- rf •- 3 jp R •mi'- L�l�:id�' »' i £ / Y �BIOI�i lllfULL01 IGLL�a® PwGaS !ND MAP (J .•._.__ �s Z.�i- •.z, -r. TTM 17507 '.� Tustin LB93Cy xvNUUa nMyocut STANDdHO u "a iu7. iru t)v0) Sw.w d�wY w• T1 ltusux¢e£Ci t.SCIFIC Hunt cs 7,a;,,, cnww«ri. N SNn N c DA 10 -27 -2013 tagd) FINAL EXHIBIT B -I- EXHIBIT "C" TO DEVELOPMENT AGREEMENT PUBLIC BENEFIT IMPROVEMENTS As additional Public Benefits, Developer shall design and construct the following in accordance with the requirements of the applicable conditions of approval. 1. Park Facilities, comprised of a 6.1 acre private park and related amenities, to which public access will be provided, subject to rules and regulations to be approved by City, which shall be Completed prior to the date set forth for Completion of the Park Facilities in the Schedule of Performance. 2. The landscape and irrigation system along (a) the parkway of Moffett Drive adjacent to the Project from Park Avenue to Jamboree Road, (b) Jamboree Road and the ramp to Park Avenue and (c) the parkway of Park Avenue adjacent to the Project from the ramp to Park Avenue to Moffett Drive, in each case prior to the date set forth for Completion of such work in the Schedule of Performance. EXHIBIT C Sun Pac DA 10.27 -2013 (agd) FINAL —1- ATTACHMENT D Other Agencies Comments STATI 01 CALIFORNIA- LALIfORNIA STATE: TIi NS10I29'A1'InN ACtiNCY_ fiDMUNDG FROWN) C vlmnl DN.PARTMENT OF TRANSPORTATION DISTRICT 12 3347 MICHELSON DRIVE, SUITE 100 IRVINE. CA 92612 -8894 PHONE (949) 724 -2000 FAX (949) 724 -2019 LTV 711 www.dot.ca.gov August 12, 2013 Ms. Justina Wilkom Tustin Community Development Department 300 Centennial Way Tustin- CA. 92780 Dear Ms.Wilkom: RECEIVED AUG 19 2013 T Flex your pollee Be energy efficient, File: IGR/CEQA SCH #: None Log #: 572F SR -261 Thank you for the opportunity to review and comment on Tentative Tract Map 17507, a subdivision of an 78.25 -acre site into 376 numbered lots and 75 lettered lots for the development of 375 single family detached units, a focal park, and other neighborhood amenities. The Department of Transportation (Caltrans) is a reviewing agency on this project and has the following comment for your consideration. Caltrans District 12 reviewed and commented on the original Final Joint Environmental Impact Statement/Environmental Impact Report (As modified by Final Supplement 41 and Addendum to FEIS /EIR) for the Disposal and Reuse of MCAS Tustin SCH No. 94071005. After the traffic analysis was completed, it was determined that there were no impacts that would require a traffic mitigation agreement with Caltrans. As subsequent areas of the original program FEIS /EIR, such as this Tentative Tract Map are circulated for review, any total net changes to land uses or significant changes to agreed -upon traffic /transportation mitigation under the FEIS /EIR would require additional evaluation to determine if there are direct and /or cumulative impacts to the State Highway System. This development does not have any total net land use changes or changes to agreed -upon traffic /transportation mitigation from the original FEIS /EIR. 3. The Department encourages and supports General Plans (and related Tentative Tract Maps) that foster efficient land -use patterns that (a) support improved mobility and reduced dependency on single- occupant vehicle trips, (b) accommodates an adequate supply of housing for all incomes, (c) reduce impacts on valuable habitat, productive farmland, and air quality, (d) increase resource use efficiency, and (e) result in safe and vibrant neighborhoods. The Department recognizes that non-motorized travel is a vital element of the transportation system and therefore, encourages communities to make pedestrian and bicycle activity possible, thus expanding transportation options, and creating a streetscape "Caltrans unproves mokiR9, across Cahjnrnia" Ms. Wilkom August 12 2013 Page 2 that better serves a range of users: pedestrians, bicyclists, transit riders, and automobiles. If you have any questions or need to contact us, please do not hesitate to call Aileen Kennedy at(949)724 -2239. Sincerely, � &AA MAUREEN EL HARAKE Branch Chief, Regional- Community- Transit Planning District 12 `Caltrans improves mohday across California" SOLIMRN CAMORNIA Auditts,rl �� -'TlfR ,1•Ut +f sC City of Tustin 300 Centennial Way Tustin, CA 92780 RECEIVED COWUNTY DEVELOP &BENT DEPT Attention: Community Development Department Subject: Tract Map No. 17507 August 5, 2013 Please be advised that the division of the property shown on Tract Map No. 17507 will not unreasonably interfere with the free and complete exercise of any easements and /or facilities held by Southern California Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner /developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (626) 302 -4473. Steven D. Lowry - Title and Real Estate Services Corporate Real Estate Department 2!3! Wa`nutGikmeA4c„uc- (i.s';:.t ic- d, clA 91 770 Ms. Justina Willkom, Assistant Director City of Tustin COMMUNITY DEVELOPMENT DEFT Community Development Department 300 Centennial Way Tustin, CA 92780 Sent via USPS and email to: iwillkornQustinca.org Subject: Tustin Legacy Tentative Tract Map 17507 Dear Ms. Willkom: Thank you for the opportunity to comment on the Tustin Legacy Tentative Tract Map (TTM) 17507. The map area is bounded by Warner, Jamboree SB off - ramp, Park and future Moffett. The project proposes 375 single - family dwelling units along with park facilities and neighborhood amenities. The TTM 17507 map area is a portion of Neighborhood G (Planning Area 15) in Tustin Legacy. Updated information is needed to assist in our review. An updated Table 3 -3 (Planning Area Trip Budget for MCAS Tustin Specific Plan) was not included as part of the recent 2013 Amendment to the Specific Plan for the ATEP project, however Tables 3 -1 and 3 -2 were updated and included as part of that Amendment. Based on the data taken from those updated Tables 3 -1 and 3 -2, City of Irvine staff has prepared and included with this comment letter, a Table 3- 3 that documents our understanding of the Planning Area Trip Budget for land Uses updated in 2013. Please provide missing data for NeighbGrhood A and Neighborhood F highlighted in the enclosed Table 3 -3. Please return the enclosed table to City of Irvine staff with comments and /or revisions so that we may correctly reflect updated land use assumptions within the Specific Plan. Provision of this updated Table 3 -3 will confirm whether the proposed TTM 17507 is consistent with the Specific Plan or whether there is a new assignment or transfer of ADTs with greater than 50 peak hour trips that triggers the need for City of Irvine's review of a traffic analysis for this project. Additionally, any revisions to this Table 3 -3 will help Irvine staff update land uses in the City's ITAM traffic model to correctly reflect current MCAS Tustin Specific Plan land use assumptions. P'RiN -FDON `z:CYQ -,,ark Ms. Justina Willkom August 12, 2013 Page 2 If you have any questions, I can be reached at 949 - 724 -6521, or by email at biacobs _cityofirvine.org.. Sincerely, Bill Ja bs, AICP Principal Planner Enclosure: Table 3 -3 cc: (via email) Barry Curtis, Manager of Planning Services Sun -Sun Murillo, Supervising Transportation Analyst Kerwin Lau, Project Development Administrator Updated Table 3 -3 (Planning Area Trip Budget for WAS Tustin Specific Plan) Proposed ITAM Land Uses for Tustin Legacy Neighborhoods A to H [11 Land Use derived from Calibrated RAM ITAM Code Neighborhood Table 3 -1 [2] Units ACT Proposed ITAM Trips by Tustin Neighborhood 154 A 57.5 TSF 158 Commercial (Tustin Legacy Neigh) - TSF 154 Commercial (Tustin Legacy) 4,202 TSF 336 ELEMENTARY /MIDDLE - ITAM a STU 151 Learning Center F TSF 152 Office (Tustin Legacy) 891 TSF 149 Sports Park CINEMA - ITAM ACRE 148 Transitional Housing 358 ROOM 75.45 Neighborhood ATOtal 13] 24,285 Commercial (Tustin Legacy) B TSF 103 Apartments 438 DU 154 Commercial (Tustin Legacy) 103,46 TSF 102 Condominiums 252 DU 152 Office (Tustin Legacy) 144.84 TSF 106 Senior Housing 242 DU 101 Single Family Detached 145 DU Neighborhood B Total Office (Tustin Legacy - Large) 16,452 TSF C 139 Park 154 Commercial (Tustin Legacy) 57.5 TSF � 24,285 m _ 139 Park 84.5 ACRE C� 4,202 Neighborhood C Total D 83,202 4,202 E D 17,975 F 34,955 103 Apartments 891 DU H 115 CINEMA - ITAM 1000 SEAT 216,410 358 Commercial (Tustin Legacy Neigh) 75.45 TSF 154 Commercial (Tustin Legacy) 12821 TSF 126 Health Club 30 TSF 135 HIGH - SCHOOL - ITAM 1850 STU 111 HOTEL - ITAM 500 T5F 355 Industrial Park (Tustin Legacy) 319.51 TSF 152 Office (Tustin Legacy) 2402.9 TSF 156 Office (Tustin Legacy - Large) 1383.8 TSF 139 Park 231 ACRE 113 Restaurant 18 TSF 149 Sports Park 46 ACRE Neighborhood C Total 83,202 E 158 Commercial (Tustin Legacy Neigh) 1813 TSF 155 Industrial Park (Tustin Legacy) 333.24 TSF 152 Office (Tustin Legacy) 941.66 TSF 139 Park 25 ACRE Neighborhood E Total 18,022 F 115 CINEMA - ITAM 3500 SEAT 157 Commercial (Tustin Legacy District) �= TSF 152 Office (Tustin Legacy) 40.85 TSF Neighborhood F Total 34,955 G 103 Apartments 882 DU 158 Commercial (Tustin Legacy Neigh) 26.68 TSF 354 Commercial (Tustin Legacy) 185.84 TSF 102 Condominiums 965 DU 105 Convalescent Home 386 BEDS 136 ELEMENTARY /MIDDLE - ITAM 1200 STU 152 Office (Tustin Legacy) 150.28 TSF 139 Park 49 ACRE 101 Single Family Detached 586 TSF 149 Sports Park 141 ACRE Neighborhood G Total 39,B29 H (PA38 in Irvine) 101 Single Family Detached 166 DU 102 Condominiums 283 DU 129 Community Facility 3 TSF 135 HIGH - SCHOOL -ITAM 500 STU 139 Park 3 ACRE Neighborhood H Total ADT 4,415 MCAS Tustin Total 225,363 Neighborhood Calibrated ITAM ADT Table 33 (2012) IS) A � 24,285 m _ 39,972 0 16,452 _ _ _ 16,121 C� 4,202 4,343 D 83,202 82.988 E 18,022 17,975 F 34,955 35,450 G 39,829 35,395 H 4,415 4,166 Total 225,363 216,410 Notes [5] Excludes approx 10,000 additional ACT approved May 2013 NOTES Ill Neighborhoods "A to G" in Tustin, Neighborhood "H" in Irvine PA38 (TA2 551) 121 Table 34 Tustin Legacy Specific Plan Amendment 0541 -13 [31 Table 3 -3 of SPA 0541.13 does not provide sufficient information to determine land uses. ITAM ADT estimates based on Table 3 -3 (2012) [4) Table 3 -1 states 1,373 TSF Commercial but only 931 TSF exists today (both numbers exclude 70 TSF Multiplex) August 12, 2013 Ci.(*.tEi';Lp ty Dovf+iC,r,.iT ent Ms. Justina Willkom, Assistant Director City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Sent via USPS and email to: iwillkomCobtustinca.org Subject: Tustin Legacy Tentative Tract Map 17507 Dear Ms. Wilikom: Thank you for the opportunity to comment on the Tustin Legacy Tentative Traci Map (TTM) 17507. The map area is bounded by Warner, Jamboree SB off- ramp, Park and future Moffett. The project proposes 375 single - family dwelling units along with park facilities and neighborhood amenities. The TTM 17507 map area is a portion of Neighborhood G (Planning Area 15) in Tustin Legacy. Updated information is needed to assist in our review. An updated Table 3 -3 (Planning Area Trip Budget for MCAS Tustin Specific Plan) was not included as part of the recent 2013 Amendment to the Specific Plan for the ATEP project, however Tables 3 -1 and 3 -2 were updated and included as part of that Amendment. Based on the data taken from those updated Tables 3 -1 and 3 -2, City of Irvine staff has prepared and included with this comment letter, a Table 3- 3 that documents our understanding of the Planning Area Trip Budget for land uses updated in 2013. Please provide missing data for Neighborhood A and Neighborhood F highlighted in the enclosed Table 3 -3. Please return the enclosed table to City of Irvine staff with comments and /or revisions so that we may correctly reflect updated land use assumptions within the Specific Plan. Provision of this updated Table 3 -3 will confirm whether the proposed TTM 17507 is consistent with the Specific Plan or whether there is a new assignment or transfer of ADTs with greater than 50 peak hour trips that triggers the need for City of Irvine's review of a traffic analysis for this project. Additionally, any revisions to this Table 3 -3 will help Irvine staff update land uses in the City's ITAM traffic model to correctly reflect current MCAS Tustin Specific Plan land use assumptions. Ms, Justina Willkom August 12, 2013 Page 2 If you have any questions, I can be reached at 949- 724 -6521, or by email at biacobs cityofirvine.orq.. Sincerely, Bill Ja bs, AICP Principal Planner Enclosure: Table 3 -3 cc: (via email) Barry Curtis, Manager of Planning Services Sun -Sun Murillo, Supervising Transportation Analyst Kerwin Lau, Project Development Administrator Updated Table 3 -3 (Planning Area Trip Budget for WAS Tustin Specific Plan) Proposed RAM Land Uses for Tustin Legacy Neighborhoods A to H I I] Land Use derived from Calibrated ITAM TEAM Code Neighborhood Table 3.1[2) Units ADT Nate, (5) Excludes approx 10,000 additional Aar approved May 2013 NOTES (I) Neighborhoods "A to G" in Tustin. Neighborhood °W in Wine PA38 (TAZ 551) (2) Table 3.1 Tustin Legacy Specific Plan Amendment 05.21 -13 (31 Table 34 of SPA 05 -21 -13 does not provide sufficient information to determine land uses. RAM AUT estimates based on Table 3 -3 (2012) [41 Table 3 -1 states 1,373 T5F Commercial but anly 931 TSF exists today (both numbers exclude 70 TSF Muitillexi A 158 Commercial (Tustin Legacy Neigh) ..b {. TSF 354 Commercial (Tustin Legacy) TSF 136 ELEMENTARY /MI DOLE - ITAM ' STU 151 Learning Ce. n her TSF 152 Office(Tustm Legacy) y i T5F 149 Sports Park ACRE 148 Transitional Housing t dgp ROOM „ N¢tghborha¢d ATOta((3�___ 29,385 _ B 103 Apartments 438 DU 154 Commercial Truth legacy) 103,46 151' 102 Condominiums 252 DU 152 Office (Tustin Legacyf 144,84 TSF 106 Senior Housing 242 DU 101 Single Family Detached 145 DU Neighborhood a Total 16,452 C 154 Commercat (Tustin Legacy) 57.5 TSF 139 Park 84.5 ACRE N¢ighborhood C Total 4102 D 103 Apartments 891 DU 115 CINEMA - ITAM 1000 SEAT 158 Commercial (Tustin Legacy Neigh] 75.45 TSF 154 Commercial (Tustin Legacy) 128.21 TSF 126 Health Club 30 TSF 135 HIGH- SCHOGL�ITAM 1850 STU 111 HOTEL - ITAM Sao TSF 155 ndustrlal Park (Thiel, Legacy) 319.51 TSF 152 Office (Tustin Legacy) 2402 -9 TSF 156 Office (Tustin Legarydarge) 1383A T5F 139 Park 23.2 ACRE 113 Restaurant 18 TSF 149 sports Park 46 ACRE -...�. N¢' Ib h dDT tai 93,202 E ._... 158 Commercial (Tustin Legacy Neigh) 18.13 TSF 155 Industrial Park(TUSt;n Legacy) 33324 TSF 152 Office (Tustin Legacy) 941.65 TSF 139 Park 2.5 ACRE —F Neighborhood E Total 18,022 115 CINEMA - ITAM 3500 SEAT 157 Commercial (Tustin Legacy Distort) Mi4;#5 TSF 152 Office (Tustin Legacyf 40.85 TSF Nei it rhaad FTOtal 34,955 103 Apartments 882 DU 158 Commercial (Tustin Legacy Neigh) 26.68 TSF 154 Commercial (Tustin Legacy) ISS.84 TSF 102 Condominiums 965 DU 105 Convalescent Home 386 BEDS 136 ELEMENTARY /MIDDLE - ITAM 1200 STU 152 Office (Tustin Legacy) 150.28 T5F 139 Park 49 ACRE 101 S.r gie Family Detached 586 TSF 149 Smarts Park 14.1 ACRE Neighborhood G Total 39,829 H (PA381n Irvine) 101 Single Family Detached 166 ON 102 Condominiums 293 DU 129 Community Facility 3 TSF 135 HIGH - SCHOOL - ITAM 500 STU 139 Park 3 ACRE Neighborhood H Total AVE 4,415___ MCAS Tustin Total _ Nate, (5) Excludes approx 10,000 additional Aar approved May 2013 NOTES (I) Neighborhoods "A to G" in Tustin. Neighborhood °W in Wine PA38 (TAZ 551) (2) Table 3.1 Tustin Legacy Specific Plan Amendment 05.21 -13 (31 Table 34 of SPA 05 -21 -13 does not provide sufficient information to determine land uses. RAM AUT estimates based on Table 3 -3 (2012) [41 Table 3 -1 states 1,373 T5F Commercial but anly 931 TSF exists today (both numbers exclude 70 TSF Muitillexi F_VIIir_T0101TIAIta Planning Commission Resolution No. 4238 General Plan Conformity RESOLUTION NO. 4238 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DETERMINING THAT THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED DISPOSITION OF AN APPROXIMATLEY 78 ACRE SITE WITHIN PLANNING AREAS 15 (NEIGHBORHOOD G) OF THE MCAS TUSTIN SPECIFIC PLAN FOR THE DEVELOPMENT OF 375 RESIDENTIAL UNITS, A FOCAL PARK, AND OTHER AMENITIES IS IN CONFORMANCE WITH THE APPROVED GENERAL PLAN. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That proper application has been submitted by Standard Pacific Corp. for the development of 375 residential units, a focal park and other neighborhood amenities on approximately 78 acre site currently owned by the City of Tustin within Planning Areas 15 of the MCAS Tustin Specific Plan. B. That the City wishes to dispose of an approximately 78 acre site within Planning Areas 15 to accommodate the development 375 residential units, a focal park and other neighborhood amenities. C. That Section 65402(a) of Government Code provides that no real property shall be disposed until the location, purpose, and extent of the project has been reported upon by the local planning agency as to the conformity with the adopted general plan. D. The proposed disposition supports several General Plan Land Use Element goals, including the following: 1. Land Use Element Goal 1: Provide for a well - balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints, and the City's unique characteristics and resources. Resolution No. 4238 Page 2 3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses. 4. Land Use Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally compatible, and to create uniquely identifiable neighborhoods. 5. Land Use Goal 13: Continue to implement the Specific Plan /Reuse for MCAS Tustin which maximizes the appeal of the site as a mixed use and master planned development. E. That Section 65402 (a) of the Government Code authorizes the Planning Commission to determine whether the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan. F. That the general plan conformity determinations required by Government Code Section 65402(a) are not "projects" requiring environmental review pursuant to the California Environmental Quality Act. II. The Planning Commission hereby determines that the location, purpose, and extent of the disposition of the subject parcel to Standard Pacific Corp. for the development of 375 residential units, a focal park and other neighborhood amenities is in conformance with the approved General Plan. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 10th day of December, 2013. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4238 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4238 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2013. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT F Planning Commission Resolution No. 4239 RESOLUTION NO. 4239 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT (DA) 2013 -003, SPECIFIC PLAN AMENDMENT 2013 -002, CONCEPT PLAN 2013 -002, TENTATIVE TRACT MAP 17507, AND DESIGN REVIEW 2013 -006 FOR THE DEVELOPMENT OF 375 RESIDENTIAL UNITS WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That proper application has been submitted by Standard Pacific Corp. for the development of 375 residential units, a focal park and other neighborhood amenities on approximately 78 acre site currently owned by the City of Tustin within Planning Areas 15 of the MCAS Tustin Specific plan. B. That the development application includes the following requests: 1. Specific Plan Amendment 2013 -002, an amendment to the MCAS Tustin Specific Plan to allow guest parking be provided on private local streets. 2. Concept plan 2013 -002 to develop 375 residential units and ensure necessary linkages are provided between the development project, the integrity of the specific plan and purpose and intent of the neighborhood is maintained, and applicable city requirements are identified and satisfied. 3. Tentative Tract Map 17507 to subdivide an approximately 78 acre site into 376 numbered lots and 75 lettered lots for the development of 375 single family detached units, a focal park, and other neighborhood amenities. 4. Design Review 2013 -006 for the design and site layout of 375 single family detached units, a focal park, and other neighborhood amenities. 5. Development Agreement 2013 -003 to facilitate the development and conveyance of an approximate 78 acre site within the boundaries of MCAS Tustin Specific Plan. C. That the site is zoned as MCAS Tustin Specific Plan (SP -1) within Planning Area 15 of Neighborhood G; and designated as MCAS Tustin by the Tustin Resolution No. 4239 Page 2 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. D. 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. The Development Agreement can be supported by the following findings: 1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the MCAS Tustin Specific Plan in that residential uses are permitted uses within Planning Area 15 of Neighborhood G. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 15) in that similar and compatible uses are envisioned within the close proximity of the project site 3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project would provide 375 various styles of new housing units for new and existing Tustin residents thereby providing additional option of housing types to the City's housing stock. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the MCAS Tustin Specific Plan, Tustin City Code, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed Development Agreement and conditions of approval will ensure that the project will have a positive fiscal impact on the City. E. That the proposed development consists of detached single family homes and the MCAS Tustin Specific Plan requires 0.5 spaces of unassigned Resolution No. 4239 Page 3 guest spaces per unit; however, Table 3 -4 of the MCAS Tustin Specific Plan only allows not more than fifty (50) percent of the guest parking spaces required may be fulfilled with on- street parking on private and public local streets, except where adjoining a publicly accessible park. F. That an amendment to the MCAS Tustin Specific Plan to allow guest parking be provided on private streets is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long -term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city -wide urban design. 4. Promote economic expansion and diversification. 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed -use, master - planned development. G. That MCAS Tustin Specific Plan Section 4.22A requires the submission of a Concept Plan prior to or concurrent with the submission of a new development proposal within Planning Area 15. The project has been found to comply with the requirements of the MCAS Tustin Specific Plan. 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 proposed, as well as landscape and hardscape theme and treatments; 3. Satisfactory response to the urban design features specified in Chapter 2 and under Planning Area 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 residential use); and, 5. Compliance with other Specific Plan provisions. H. As conditioned, the TTM 17507 will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Specific Plan Amendment 2013 -002, State Subdivision Map Act and the City's Subdivision Code as follows: Resolution No. 4239 Page 4 1. That the site is located in Planning Area 15 of the MCAS Tustin Specific Plan, which is designated for Residential Core of MCAS Tustin Specific Plan and that the proposed development as conditioned will be physically suitable for the type of development and proposed density of development; 2. The subdivider will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at MCAS- Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities and; utility backbone systems. 3. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that school impacts for development were considered in the MCAS Reuse Plan which identified school facility sites that will be conveyed to the Tustin Unified School District by the Federal Department of Education or the City of Tustin to serve development of property at the former MCAS Tustin. The MCAS Tustin Specific Plan, and the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the Tustin Unified School District prior to issuance of certificates of use and occupancy, which will be collected prior to issuance of building permits in accordance with the City's procedures; 4. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 5. The proposed subdivision is not located within a 100 -year flood plain according to the Federal Emergency Management Agency map for the area (2009). 6. To ensure there is adequate infrastructure to support buildout of the project, construction of all public infrastructure and in -tract private streets and utility systems is required within the initial phase of development. Resolution No. 4239 Page 5 7. That the Building Official has considered and approved deviations to Construction Standards for Private Streets, Strom Drain and On- site Private Improvements to allow flared and shed curb and gutter within private drives instead of typical 6" curb and gutter standard. Pursuant to the MCAS Tustin Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. J. That a public hearing was duly called, noticed, and held on said application on December 10, 2013, by the Planning Commission. K. 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. And, on May, 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS /EIR. The FEIS /EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addenda and Resolution No. 4239 Page 6 Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. II. The Planning Commission hereby recommends that the City Council approve Development Agreement 2013 -003, Specific Plan Amendment 2013 -002, Concept Plan 2013 -002, Tentative Tract Map 17507, and Design Review 2013- 006, subject to the conditions attached hereto as Exhibit B. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of December, 2013. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4239 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2013. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A of Resolution No. 4239 MCAS Tustin Specific Plan EIS /EIR Initial Study and Checklist 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. A. BACKGROUND Project Title(s): Disposition and Development Agreement 13 -03, Concept Plan 2013 -002, Design Review 2013 -006, Development Agreement 2013 -003, Specific Plan Amendment 2013 -002, and Tentative Tract Map 17507 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Justina Willkom Phone: (714) 573 -3115 Project Location: Disposition Parcels 1B and 6 is an area bounded by future Moffett Drive to the north, Jamboree Road to the east, Warner Avenue off -ramp to the south, and future Park Avenue to the west within Planning Area 15 of Neighborhood G, MCAS- Tustin Specific Plan (Tustin Legacy). Project Sponsor's Name and Address: Standard Pacific Corporation c/o Mr. Sean Doyle 15360 Barranca Parkway Irvine, CA 92618 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: MCAS Tustin Specific Plan Project Description: Disposition and Development Agreement 13 -03, Concept Plan 2013 -002, Design Review 2013 -006, Development Agreement 2013 -003, Specific Plan Amendment 2013 -002, and Tentative Tract Map 17507 for the purpose of developing 375 detached residential units, approximately 6 acres focal park with private recreation amenities, approximately 4 acres of green belt parks, and necessary infrastructures and street system to support the proposed development. B. C. Surrounding Uses: North: Vacant land East: Jamboree Road South/West: Vacant land Previous Environmental Documentation: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. 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. Use and Planning lation and Housing )gy and Soils )logy and Water Quality Quality isnortation & Circulation al Resources Resources Ural Resources DETERMINATION: On the basis of this initial evaluation: ❑Hazards and Hazardous Materials ❑Noise ❑Public Services ❑Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact' or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 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 proposed project. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Director - Planning Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Date: Date 90;//C;5- EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS —Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Familand), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ IR ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ED ❑ ❑ 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? V. CULTURAL RESOURCES: -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic- related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? 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 reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ID ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, 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: ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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? 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? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XILPOPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ID ❑ ❑ ❑ ❑ ID ❑ ❑ ❑ ❑ ID ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ID ❑ ❑ XUI. 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.TRANSPORTATIONITRAFFIC — 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? i) Result in inadequate parking capacity? ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis c) Displace substantial numbers of people, necessitating the ❑ construction of replacement housing elsewhere? ❑ ❑ XUI. 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.TRANSPORTATIONITRAFFIC — 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? i) Result in inadequate parking capacity? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities-or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ❑ ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IR ❑ ❑ IR EVALUATION OF ENVIRONMENTAL IMPACTS Disposition and Development Agreement 13 -03, Specific Plan Amendment 2013 -002, Concept Plan 2013 -002, Design Review 2013 -006, Development Agreement 2013 -003, and Tentative Tract Map 17507 PREVIOUS ENVIRONMENTAL DOCUMENTATION On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS /EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS /EIR. The FEIS /EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS /EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The FEIS /EIR, Addendums 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 (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. PROJECT LOCATION The project site is approximately 80 gross acres located within the MCAS Tustin Specific Plan (Tustin Legacy) boundaries affecting only Disposition Parcels 1B and 6. The project site is bounded by future Moffett Drive to the north, Jamboree Road to the east, Warner Avenue off -ramp to the south, and future Park Avenue to the west within Planning Area 15 of Neighborhood G, MCAS- Tustin Specific Plan. PROJECT DESCRIPTION Specific Plan Amendment 2013 -002, Concept Plan 2013 -002, Design Review 2013 -006, Development Agreement 2013 -003, and Tentative Tract Map 17507 are development applications for the purpose of developing 375 detached residential units. The project has been designed to enhance livability by intergrading four (4) distinctive housing style completely connected to a centralized park and greenbelt linkages. The four housing products are as follows: Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 2 Sheldon at Tustin Legacy: is the smallest home type and is bordered by the green belt park on the north, the Warner Avenue off -ramp on the south, the Crawford and the Greenwood housing products to the east and Park Avenue to the west. There are 103 homes ranging from 1,837 to 2,389 square feet and consist of 3 bedrooms 2.5 baths to 5 bedrooms 3 baths. The styles include Santa Barbara, Cottage, Monterey, and craftsman bungalow architectural designs. Crawford at Tustin Legacy: is a conventional lot program located in both the northwest corner of the community as well as along the eastern boundary adjacent to Jamboree Road and the Warner Avenue off -ramp. Crawford consists of 77 homes ranging in size from 2,419 to 2,711 square feet and configured with 4 bedrooms, loft, and 3 baths to 4 bedrooms, bonus room, (optional bedroom) and 3 baths. The architectural styles include Cottage, Monterey, Santa Barbara, American Classic, and Craftsman Bungalow. Greenwood at Tustin Legacy: Greenwood consists of 99 homes ranging in size from 2,945 to 3,515 square feet. The homes are configured with 4 bedrooms, loft, den and 3 baths to 5 bedrooms, kid's lounge and 5.5 baths. Each of the homes also has an optional bonus room and /or suite over the garage. A standard „ Legacy Room,” an extension of indoor to outdoor living space also is provided for each of the homes. The Greenwood styles include Cottage, Monterey, Santa Barbara, and Farmhouse. • Stafford at Tustin Legacy: Stafford consists of 96 homes with wide lots dispersed throughout the northwesterly quadrant of the community on two sides of the centralized park. The homes ranging in size from 3,309 to 3,741 square feet and configured with 4 bedrooms, bonus room and 3.5 baths to 5 bedrooms, bonus room, office, and 4.5 baths. The Stafford homes will also include the "Legacy Room." The homes architectural styles include Cottage, Monterey, Santa Barbara, American Classic, Adobe Ranch, and Stucco Bungalow. The centralized park is approximately 6 acres in size and would be accessible to the residents of the project and the public as a whole. The public portion of the park is designed with community plaza, playgrounds, main lawns for recreation activities, other amenities such as bocce ball courts, basket ball court, picnic areas. The private areas consist of a pool, kids splash and play area, outdoor seating area with built in BBQ, and a club house for residents only. Generally the applications can be described as follows: • Disposition and Development Agreement 13 -03: Disposition and Development Agreement (DDA) 13 -03 is between the City and Standard Pacific Corporation (Developer) in which the terms and conditions of the sale of the City - owned property is specified. The terms and conditions address, at a minimum, the following: purchase price, the Developer's Scope of Development, and a defined Schedule of Performance. • Development Agreement 2013 -003: Pursuant to Section 4.2.9 of the MCAS Tustin Specific Plan, 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 the State's Government Code and Tustin City Code. The purpose of the Development Agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 3 economic risk if development. Accordingly, Standard Pacific has submitted a Development Agreement to augment and further the purpose and intent of the General Plan and Specific Pan, and Final EIS /EIR and will ensure the orderly implementation of infrastructure and development. The Development Agreement also includes schedule of performance, obligations, and phasing triggering mechanism that ensure adequate local and Tustin Legacy backbone infrastructure program are in place to support the proposed development. • Specific Plan Amendment 2013 -002: Table 3 -4 of the WAS Tustin Specific Plan only allows the guest parking spaces required may be fulfilled with public local streets, except where adjoining a publicly project would include a request for an amendment to the guest parking be provided on private local streets. • Concept Plan 2013 -002: not more than fifty (50) percent of on- street parking on private and accessible park. The proposed Specific Plan to allow 100 percent Pursuant to Section 4.2.2 of the MCAS Tustin Specific Plan, a Concept Plan shall be prepared and submitted concurrent with the submission of a new development proposal. The purpose of a Concept Plan is to ensure: necessary linkages are provided between the development project, the integrity of the Specific Plan and purpose and intent of the neighborhood is maintained, and applicable City requirements are identified and satisfied. Concept Plan 2013 -002 has been prepared and submitted concurrently with the proposal to develop 375 residential units and necessary linkages and integrity of the Specific Plan along with applicable City requirements have been demonstrated through submitted plans. • Design Review 2013 -006: Pursuant to Section 4.2.4 of the MCAS Tustin Specific Plan, following or concurrently with submittal and approval of a Concept Plan, individual development shall require Site Plan and Design Review in accordance with the Tustin City Code. Design Review 2013 -006 has been proposed for the project site planning and design. The proposed project design and site layout are consistent with the intent of the Specific Plan and complies with design review criteria prescribed in the Tustin City Code. Tentative Tract Map 17507: is a subdivision of an approximately 78 net acre site into 376 numbered lots and 75 lettered lots for the development of 375 single family detached units, a focal park, and other neighborhood amenities. EVALUATION OF ENVIRONMENTAL IMPACTS 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, no 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 Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 4 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. 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 project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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 units within Planning Area 15 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 Park Avenue and future Moffett Drive. The proposal includes 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 Addendums. 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 Addendums were certified as completed. Mitigation/Monitoring Required: No new impacts nor substantially more severe aesthetic impacts would result from the adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for aesthetics and visual quality. No Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CID 2013 -002, DR 2013 -006, and TTM 17507 Page 5 refinements related to the Project are necessary to the FEIS /EIR mitigation measures and no new mitigation measures are required. Mitigation measures were adopted by the Tustin City Council in the FEIS /EIR, Addendumss and Supplemental; and applicable measures will be required to be complied with as conditions of entitlement approvals for future development of the site. Sources: Field Observations Submitted Plans FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -58 through 3- 67) MICAS Tustin Specific Plan /Reuse Plan (Pages 2 -115 though 2 -165, Pages 3 -100 through 3 -111) Tustin General Plan II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the 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 project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. The proposed use is consistent with the approved Specific Plan. As documented in the FEIS /EIR, the project site is part of MCAS 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 MCAS 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 Addendums were certified as completed. Mitigation /Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS /EIR. However, the FEIS /EIR also concluded that Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 6 Statement of Overriding Consideration for the FEIS /EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations FEIS /EIR for Disposal and Reuse of MCAS Tustin (Page 3 -83 through 3 -87, 4 -109 through 114) and Addendums (Page 5 -3 through 5 -8) MCAS Tustin Specific Plan (Pages 3 -100 through 3 -111) Tustin General Plan III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be 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 project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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. Therefore, no significant impact beyond what was analyzed in the adopted FEIS /EIR is anticipated. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to air quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS /EIR was certified as complete. Mitigation /Monitoring Required: 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 Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 7 mitigate. A Statement of Overriding Consideration for the FEIS /EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations Submitted Plans 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) MICAS Tustin Specific Plan (Pages 3 -100 through 3 -111) 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 project is for a development of 375 detached residential units within the residential core of the MICAS Tustin Specific Plan area. 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 Addendums for MCAS Tustin. The FEIS /EIR 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 location as directed and overseen by the California Department of Fish and Game. Since that time, all former Marine Corps base drainage channels in the area were removed and graded by the former owner of the property with the required 401, 404 and 1601 permits issued by Fish and Game, Army Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 8 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. Midgation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -75 through 3- 82, 4 -103 through 4 -108, and 7 -26 through 7 -27) MCAS Tustin Specific Plan (Pages 3 -38 to 3 -54). Tustin General Plan V. CULTURAL RESOURCES: -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? The proposed project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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 (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 Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 9 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 MICAS 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. 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 -68 through 3- 74, 4 -93 through 4 -102 and 7 -24 through 7 -26) MICAS Tustin Specific Plan (Pages 3 -38 to 3 -54). Tustin General Plan VI. GEOLOGY AND SOILS: — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic - related ground failure, including liquefaction? • Landslides? b) Result insubstantial soil erosion or the loss of topsoil? Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TfM 17507 Page 10 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 project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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 MCAS Tustin Specific Plan would "include non - seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high- intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure." However, the FEIS /EIR for MCAS 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 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 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 Addendums were certified as completed. Mitigation /Monitoring Required: As identified in the FEIS /EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observations FEIS /EIR for Disposal and Reuse of 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? Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TiM 17507 Page 11 b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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 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 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 Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 12 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 Addendums were certified as completed. Mitigation /Monitoring Required: As identified in the FEIS /EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin pages (3 -106 through 3- 117, 4 -130 through 4 -138 and 7 -30 through 7 -31) MCAS Tustin Specific Plan (Pages 3 -100 through 3 -111) Finding of Suitability to Transfer (FOST), MCAS Tustin Tustin General Plan. VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or muciflow? The proposed project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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 Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 13 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 Addendums were certified as completed. 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 -100 through 3 -111) FEMA Flood Map (2009) Tustin General Plan Fire Hazard Severity Zone Map (2011) IX. LAND USE AND PLANNING: Would the project: Physically divide an established community? a) 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? b) Conflict with any applicable habitat conservation plan or natural community conservation plan? Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 14 The proposed project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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 15, which contemplates the development of 1,214 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 15's development standards for residential units as noted in Sections 3.9.2.E and 3.9.2.F of the MCAS Tustin Specific Plan. 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 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 Addendums were certified as completed. Mitigation/Monitoring Required: The proposed project is consistent with the development standards of the MCAS Tustin Specific Plan as identified by the adopted FEIS /EIR. No mitigation is required. Sources: Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -3 to 3 -17, 4 -3 to 4-13 and 7 -16 to 7 -18) MCAS Tustin Specific Plan (Pages 3 -100 through 3 -111). 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 project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. The proposed use is consistent with the approved Specific Plan. Chapter 3.9 of the FEIS /EIR indicates that no mineral Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 15 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 MICAS 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 alternatives that were not known and could not have been known when the FEIS /EIR, the Supplemental or Addendums were certified as completed. Mitigation /Monitoring Required: No mitigation is required. Sources: Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin (Page 3 -91) MICAS Tustin Specific Plan (Pages 3 -100 through 3 -111). 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? c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? d) 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? e) 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 project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. The proposed use is consistent with the approved Specific Plan. 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 Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 16 land use categories in the Noise Elements of the Tustin General Plan. The applicant has submitted a Preliminary Exterior Noise Impact Study for the project that indicates certain noise barriers (sound walls) would be required along Jamboree Road to meet the 65 CNEL exterior noise standard (Attachment 1 - Exterior Noise Analysis for Legacy Parcel 1B and 6A (Tentative Tract Map 17507 dated March 6, 2013). For interior noise, a future study is recommended to address the interior noise level when architectural drawings are available and prior to issuance of building permits. This is consistent with Mitigation Measure N -3 identified in the FEIS /EIR which requires plans demonstrating noise regulation conformity be submitted for review and approval prior to building permits being issued. 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 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 Addendums 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 Submitted Plans Exterior Noise Analysis for Legacy Parcel 113 and 6A (Tentative Tract 17507) dated March 6, 2013 by Mestre Greve Associates 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 -100 through 3 -111). Tustin General Plan XII. POPULATION S HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. The proposed use is consistent Evaluation of Environmental Impacts DDA 13 -003, DA 2013.003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 17 with the approved Specific Plan and the number of dwelling units proposed is under the maximum development threshold for Planning Area 15, which contemplates the development of 1,214 dwelling units in total. 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 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 Addendums 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 -100 through 3 -111). Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The proposed project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. 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 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. Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 18 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 EIS /EIR noted that reuse development would generate approximately 750 students for grades K- 5, 328 students for grades 6 -8, and 395 students for grades 9 -12 for a total of 1,473 students. The 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 SB 50 school impact fees. Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only result in a library demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library and would not trigger the need for a new facility. General Implementation Requirements: To support development in the reuse plan area, the Reuse Plan /Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEIS/EIR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FEIS /EIR for MCAS Tustin. 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 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 Addendums 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. Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TfM 17507 Page 19 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 -100 through 3 -111). Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. The proposed project includes centralized park is approximately 6 acres in size and would be accessible to the residents of the project and the public as a whole. The public portion of the park is approximately 5 acres in size and designed with community plaza, playgrounds, main lawns for recreation activities, other amenities such as bocce ball courts, basket ball court, picnic areas. The private recreation area is approximately .8 acre in size consist of a pool, kids splash and play area, outdoor seating area with built in BBQ, and a club house for residents only. Also, 3.8 acres of greenbelt parks equipped with walking trails, benches, picnic niche with tables, and lawn play area. The proposed project not only provides recreational to its future community residents but also provided additional recreation areas for overall Tustin residents. Additionally, the Reuse Plan process included public conveyance of city parks and an Urban Regional Park; as such individual developers were relieved of the requirement to dedicate land for park purposes. The project is not anticipated to increase the use of other existing neighborhood or regional parks such that substantial physical deterioration of the facilities would occur or be accelerated. 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 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 Addendums 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. Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 20 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 MICAS Tustin Specific Plan (Pages 3 -100 through 3 -111) Tustin Parks and Recreation Services Department Tustin General Plan XV. TRANSPORTATIONITRAFFIC: 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 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 project is for a development of 375 detached residential units within the residential core of the MICAS Tustin Specific Plan area. 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 15, which contemplates the development of 1,214 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. The FEIS /EIR identified the trip generation resulting from implementation of the original Specific Plan and Addendum to create an overall Average Daily Trip (ADT) of 216,445 trips. The Specific Plan also established a trip budget tracking system for each neighborhood to analyze and control the amount and intensity of non - residential development by neighborhood. The tracking system ensures that sufficient ACT capacity exists to serve the development and remainder of the neighborhood. The proposed project would not exceed the trip budget analyzed in the FEIS /EIR and its Supplemental and Addendums. Linscott Law & Greenspan Engineers has prepared the Trip Generation Assessment for the proposed project dated April 2, 2013 (Attachment 2) to identify and evaluate how the traffic impacts from the proposed project differ from the original analysis as presented in the FEIS /EIR. According to the MCAS Tustin Specific Plan, a maximum of 1,214 residential dwelling units is permitted within Planning Area 15 with an established trip budget of 10,287 ADTs. Within the project site a total of 420 units consist of 258 low density residential and Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 21 162 medium density residential were analyzed and assigned with 3,765 ADTs. The proposed project has a total of 375 units and consists of 272 low density residential and 103 medium density residential with projected 3,427 ADTs. Given this comparison, the proposed project is well within the trip budget established for the project site. The study has shown that the proposed project has not resulted in new significant impacts that would require mitigation. Moreover, the proposed on -site circulation system is found to provide adequate capacity in accordance with the performance criteria applied to the project. The City's Traffic Engineer also has reviewed the analysis and concurs with the conclusion the study. 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 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 orAddendums 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 Submitted Plans Trip Generation Assessment for the Proposed Tustin Legacy Disposition Planning Area (PA) 1B and 6A Residential Project, Neighborhood G South — PA 15 of Tustin Legacy Specific Plan dated April 2, 2013 by Linscott Law & Greenspan Engineers FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -118 through 3- 142, 4 -139 through 4 -206 and 7 -32 through 7-41) Reuse Plan and MCAS Tustin Specific Plan (Pages 3 -100 through 3 -111). 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? Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 22 c) Require or result in the construction expansion of existing facilities, ti significant environmental effects? of new storm water drainage facilities or e construction of which could cause 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 project is for a development of 375 detached residential units within the residential core of the MCAS Tustin Specific Plan area. The proposed use is consistent with the approved Specific Plan. The FEIR /EIR analyzed 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 Park Avenue and Moffett Drive. 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. 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 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 Addendums 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 Submitted Plans 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) Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TfM 17507 Page 23 Reuse Plan and MCAS Tustin Specific Plan (Pages 3 -100 through 3 -111). Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 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 Addendums previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEIS /EIR. Mitigation measures were identified in the FEIS /EIR to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEIS /EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation /Monitoring Required: The FEIS /EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific 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 MICAS 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 Evaluation of Environmental Impacts DDA 13 -003, DA 2013 -003, SPA 2013 -002, CP 2013 -002, DR 2013 -006, and TTM 17507 Page 24 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 FEIVEIR on January 16, 2001 and shall apply to the proposed project, as applicable. Exterior Noise Analysis for Legacy Parcel 1B and 6A (Tentative Tract 17507) City of Tustin, California Project #535101 -0300 March 6, 2013 Prepared For: Standard Pacific Homes 15360 Barranca Parkway Irvine, CA 92618 Prepared By: MEE Fred Greve, P.E. Mike Holritz, INCE Mestre Greve Associates Division of Landrum & Brown 27812 El Lazo Road Laguna Niguel, CA 92677 949 - 349 -0671 i N �/5� Mestre Greve Associates LL Division of Landrum & Brown SUMMARY EXTERIOR NOISE ANALYSIS FOR LEGACY PARCEL 1B AND 6A CITY OF TUSTIN EXTERIOR NOISE MITIGATION Legacy Parcel 1B and 6A Project #535101 -0300 The results of the analysis indicate that in order to meet the 65 CNEL exterior noise standard . noise barriers will be required along Jamboree Road. The noise barrier locations and heights required in order for the project to meet the 65 CNEL exterior noise standard are listed in Table S1 and shown in Exhibit S1. Table S1 REQUIRED FIRST FLOOR EXTERIOR LIVING AREA NOISE BARRIER HEIGHTS AND LOCATIONS ALONG JAMBOREE ROAD LOT REQUIRED TOP -OF -WALL ELEVATION Approximate Wall Height (ft) Lot 140 79.0 1.0t Lot 139 79.0 1.0t Lot 136 77.4 2.4t Lot 131 75.7 3.7t Lot 129 74.0 5.0t Lot 127 73.2 6.2t Lot 125 723 7.3t Lot 122 703 9.3t Lot 120 69.8 10.81 Lot 118 69.8 10.81 Lot 117 65.5 7.5* Lot 113 65.6 10.7* Lot 109 64.7 10.5* Lot 101 633 10.0* Lot 97 63.1 9.4* Lot 89 62.2 8.7* Lot 77 61.1 7.1 * t - Denotes approximate height above road elevation * - Denotes approximate height above pad elevation Page 1 of 9 Barrier Location XX.X -required Top -of -Wall Elevation 9 T.O.W. = 61.1 (approx 7.1') 3 Mestre Greve Associates Division of Landrum & Brown T.O.W. = 77.4 (approx 2.4') T.O.W. = 75.7 (approx 3.7') T.O.W. = 74, (approx 5.0') T.O.W. = 73.: Existing '`a T.O.W. = 723 T.O.W. = 70.3 [T.O.W. 70.3 --` ') T.O.W. =69.8 7 (approx 10.8') ( T.O.W. = 69.8 ! / (approx 10.8') a T.O.W. = 633 1 (approx 10.0') T.O.W. = 63.1 (approx 9.4') T.O.W. = 62.2 (approx 8.7') = 6� �x 7S') T.O.W. = 65.6 (approx 10.7') T.O.W. = 64.7 ( opprox 10.5') Exhibit S1 Noise Barrier Requirements //� Mestre Greve Associates Legacy Parcel 1B and 6A L.:J Division of Landrum & Brown Project #535101 -0300 The critical figures from a noise standpoint are the eventual top -of -wall elevations. These elevations can be achieved using natural topography, berms, walls, or a combination thereof. The required top -of -wall elevations are shown at several locations along Jamboree Road. The top -of -wall elevations shall progress in a linear manner between these specified points. The heights of the existing portion of the soundwall should be checked to confirm that they meet or exceed the requirements. According to the Tustin Noise Element, balconies at single - family residences are exempt from the 65 CNEL exterior noise standard. Therefore, balcony barriers will not be required. INTERIOR NOISE With the exterior mitigation measures specified in in this report, first floor exterior building surfaces in the project will be exposed to noise levels of less than 65 CNEL, and therefore, will require less than 20 dB exterior to interior noise reduction in order to meet the City's 45 CNEL interior noise standard. With construction practices common in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB. Therefore, with the noise barriers specified in this report, all first floor rooms are projected to meet the City's 45 CNEL interior noise standard without building upgrades. C Second floor building surfaces along Jamboree Road will be exposed to a maximum noise level of about 74.1 CNEL. Therefore, second floor rooms will require at least 29.1 dB noise reduction in order to meet the 45 CNEL interior noise standard. Detailed engineering calculations are needed for building attenuation requirements greater than 20 dB. A future study will be needed to address the interior noise levels when architectural drawings are available and prior to the issuance of building permits. This is a very high noise reduction requirement. From past experience, it is likely that substantial building upgrades will be needed. The upgrades will probably include increased glass thickness for windows and sliding glass doors, weather- stripping for all exterior doors, and baffles for the attic vents. ADEQUATE VENTILATION Since the noise attenuation of a building falls to about 12 dB with windows open, all buildings exposed to noise levels greater than 57 CNEL will meet the 45 CNEL interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per the applicable California Building Code. Adequate ventilation is likely to be required for the homes along Jamboree Road, along Park Avenue, and along the ramp connecting southbound Jamboree Road to Park Avenue. The exact ventilation requirements can be determined in the final study. Page 2 of 9 C M//� Mestre Greve Associates L — Division of Landrum & Brown EXTERIOR NOISE ANALYSIS FOR LEGACY PARCEL 1B AND 6A CITY OF TUSTIN 1.0 INTRODUCTION Legacy Parcel 1B and 6A Project #535101 -0300 The purpose of this report is to demonstrate compliance of Legacy Parcel 1B and 6A (Tentative Tract 17507) with the noise related `Conditions of Approval' placed on the project by the City of Tustin. The project calls for the development of single - family homes. The project is located in the City of Tustin, as shown in Exhibit 1. The site plan is shown in Exhibit 2. The project will be impacted by traffic noise from Jamboree Road. (Park Avenue, Legacy Road, Moffett Avenue, and the ramp leading from Jamboree southbound to Park Avenue are not expected to have a significant noise impact on the project). This report specifies any mitigation measures necessary to meet the 65 CNEL exterior noise standard, and addresses the 45 CNEL interior noise standard. Site plan and grading information was obtained from the "Wall and Fence Plan for Disposition Parcel 1B & 6A" by Valley Crest Design Group, February 2013. 2.0 CITY OF TUSTIN NOISE STANDARDS The City of Tustin specifies outdoor and indoor noise limits for residential land uses. Both standards are based upon the CNEL index. CNEL (Community Noise Equivalent Level) is a 24- hour time - weighted annual average noise level based on the A- weighted decibel. A- weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time - weighting refers to the fact that noise that occurs during certain noise- sensitive time periods is given more significance because it occurs at these times. In the calculation of CNEL, noise occurring in the evening time period (7 p.m. to 10 p.m.) is weighted by 5 dB, while noise occurring in the nighttime period (10 p.m. to 7 a.m.) is weighted by 10 dB. These time periods and weighting factors are used to reflect increased sensitivity to noise while sleeping, eating, and relaxing. The City of Tustin has adopted an exterior noise standard of 65 CNEL for an observer in the private exterior living areas. (According to the Tustin Noise Element, balconies at single - family residences are exempt from the 65 CNEL exterior noise standard). In addition, the City uses an interior noise standard of 45 CNEL. Page 3 of 9 [NJ /� Mestre Greve Associates Division of Landrum & Brown Exhibit 1 I Vicinity Map MEEMestre Greve Associates Division of Landrum & Brown �- MM01ri4 Site Plan M/E� Mestre Greve Associates Legacy Parcel 1B and 6A L Division of Landrum & Brown Project #535101 -0300 3.0 METHODOLOGY The traffic noise levels projected in this report were computed using the Highway Noise Model published by the Federal Highway Administration ( "FHWA Highway Traffic Noise Prediction Model', FHWA -RD -77 -108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level'. A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent upon the geometry between the noise source, the barrier, and the observer. A noise barrier effect occurs when the "line of sight' between the noise source and the observer is interrupted by the barrier. As the distance that the noise must travel around the noise barrier increases, the amount of noise reduction increases. The FHWA model was also used here in computerized format to determine the required barrier heights. 4.0 NOISE EXPOSURE The future traffic volumes for Jamboree Road, Park Avenue, and the ramp leading from C Jamboree Road southbound to Park Avenue were obtained from Mr. Doug Anderson at the City of Tustin Traffic Engineering Department on September 5, 2012. The traffic volumes, projection year, vehicle speeds, and roadway grades used in the CNEL calculations are presented below in Table 1. The differing projection years presented are the data available from the City. Table 1 FUTURE TRAFFIC VOLUMES, PROJECTION YEARS, SPEEDS, AND ROADWAY GRADES PROJECTION TRAFFIC ROADWAY YEAR VOLUME SPEED GRADE Jamboree Road 2035 88,000 65 <3% Park Avenue 2025 6,000 35 <3% Ramp 2030 6,000 45 <3% The traffic distribution that was used in the CNEL calculations is listed below in Table 2. This arterial traffic distribution estimate was compiled by the Orange County Environmental Management Agency, and is based on traffic counts at 31 intersections throughout the Orange County area. Arterial traffic distribution estimates can be considered typical for arterials in Southern California. Page 4 of 9 /� Mestre Greve Associates Legacy Parcel 1B and 6A L Division of Landrum & Brown Project #535101 -0300 Table 2 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0.19 Heavy Truck 0.64 0.02 0.08 Using the assumptions presented above, the future noise levels were computed. The results are listed in Table 3 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of each roadway to the contour value shown. Note that the values given in Table 3 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are included in the noise barrier analysis section (Section 5.0) of this report. Table 3 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS ROADWAY DISTANCE TO CONTOUR (FEET) -70 CNEL- -65 CNEL- -60 CNEL- Jamboree Road 207 446 961 Park Avenue RW 30 64 Ramp RW 45 97 Contour distances in this table are based on the centerline of the roadway representing the noise source RW — Indicates contour falls within the roadway right -of -way. The nearest rear yard area is approximately 81 feet from the centerline of Jamboree Road. At this distance, rear yard 76.1 CNEL. The nearest rear yard area is approximately 70 feet from the centerline of Park Avenue. At this distance, rear yard observers along Park Avenue would be exposed to unmitigated traffic noise levels of about 59.5 CNEL. The nearest rear yard area is approximately 90 feet from the ramp connecting southbound Jamboree Road to Park Avenue. At this distance, rear yard observers along the ramp would be exposed to unmitigated traffic noise levels of about 60.5 CNEL. Page 5 of 9 C c /� Mestre Greve Associates Legacy Parcel 1B and 6A L Division of Landrum & Brown Project #535101 -0300 5.0 EXTERIOR NOISE MITIGATION The exterior living areas in the project must comply with the City's 65 CNEL exterior noise standard. For the exterior living areas that are exposed to noise levels greater than 65 CNEL, some form of noise mitigation is required. An effective method of reducing the traffic noise to acceptable levels is with a noise barrier. Representative cross - sections along Jamboree Road (see Appendix for analysis data) were analyzed utilizing the FHWA Model to determine the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 65 CNEL exterior noise standard, noise barriers will be required along Jamboree Road. The noise barrier locations and heights required in order for the project to meet the 65 CNEL exterior noise standard are listed in Table 4 and shown in Exhibit 3. Table 4 REQUIRED FIRST FLOOR EXTERIOR LIVING AREA NOISE BARRIER HEIGHTS AND LOCATIONS ALONG JAMBOREE ROAD LOT REQUIRED TOP -OF -WALL ELEVATION Approximate Wall Height (ft) Lot 140 79.0 1.0t Lot 139 79.0 1.0t Lot 136 77.4 2At Lot 131 75.7 3.7t Lot 129 74.0 5.0t Lot 127 73.2 6.2t Lot 125 723 7.3t Lot 122 703 9.3t Lot 120 69.8 10.81 Lot 118 69.8 10.81 Lot 117 65.5 7.5* Lot 113 65.6 10.7* Lot 109 64.7 10.5* Lot 101 633 10.0* Lot 97 63.1 9.4* Lot 89 62.2 8.7* Lot 77 61.1 7.1 * t - Denotes approximate height above road elevation • - Denotes approximate height above pad elevation Page 6 of 9 Barrier ( I ..q- Location C XX.X -required Top -of -Wall Elevation ggg t'�i'Rr+7 -- -n:_! , If1®R, I 0 O)" Existing Wall jJoin Exisbng Wall i lf: T.O.W. = 6331 (approx 10.0') T.O.W. = 63.1 (approx 9.4') 1 T.O.W. = 62.21 (approx 8.7') T.O.W. = 61.1 (approx 7.1') Mestre Greve Associates Division of Landrum 8 Brown 1 T.O.W. = 79.01 (approx 1.0') 1 T.O.W. = 77.41 (approx 2.4') T.O.W. = 75.7 (approx 3.7') T.O.W. = 74. (approx 5.0') T.O.W. = 73.2 (approx 6.2') T.O.W. = 72.3 T.O.W. = 703 (approx 93') T.O.W. = 69.8 (approx 10.8') T.O.W. = 69.8 (approx 10.8') O.W. =65-1 approx 75') T.O.W. =65.61 (approx 10.7') T.O.W. = 643 (approx 105') Exhibit 3 Noise Barrier Requirements M/� Mestre Greve Associates Legacy Parcel 1B and 6A L Division of Landrum & Brown Project #535101 -0300 The critical figures from a noise standpoint are the eventual top -of -wall elevations. These elevations can be achieved using natural topography, berms, walls, or a combination thereof. The required top -of -wall elevations are shown at several locations along Jamboree Road. The top -of -wall elevations shall progress in a linear manner between these specified points. The heights of the existing portion of the soundwall should be checked to confirm that they meet or exceed the requirements. According to the Tustin Noise Element, balconies at single - family residences are exempt from the 65 CNEL exterior noise standard. Therefore, balcony barriers will not be required. 6.0 INTERIOR NOISE The project must comply with the City of Tustin indoor noise standard of 45 CNEL. To meet the interior noise standard, the buildings must provide sufficient outdoor to indoor building attenuation to reduce the noise to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements that make up the building. Each unique building element has a characteristic transmission loss. For residential units, the critical building elements are the roof, walls, windows, doors, attic configuration and insulation. C The total noise reduction achieved is dependent upon the transmission loss of each element, and the surface area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. With the exterior mitigation measures specified in Section 5.0, first floor exterior building surfaces in the project will be exposed to noise levels of less than 65 CNEL, and therefore will require less than 20 dB exterior to interior noise reduction in order to meet the City's 45 CNEL interior noise standard. With construction practices common in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB. Therefore, with the noise barriers specified in this report. all first floor rooms are proiected to meet the Citv's 45 CNEL interior noise standard without building upgrades. Second floor building surfaces along Jamboree Road will be exposed to a maximum noise level of about 74.1 CNEL. Therefore, second floor rooms will require at least 29.1 dB noise reduction in order to meet the 45 CNEL interior noise standard. Detailed engineering calculations are needed for building attenuation requirements greater than 20 dB. A future study will be needed to address the interior noise levels when architectural drawings are available. and orior to the issuance of building_ permits. This is a very high noise reduction requirement. From past experience, it is likely that substantial building upgrades will be needed. The upgrades will probably include increased glass thickness for windows and sliding glass doors, weather- stripping for all exterior doors, and baffles for the attic vents. Page 7 of 9 l I / €� Mestre Greve Associates — Division of Landrum & Brown 7.0 ADEQUATE VENTILATION Legacy Parcel 1B and 6A Project #535101 -0300 Since the noise attenuation of a building falls to about 12 dB with windows open, all buildings exposed to noise levels greater than 57 CNEL will meet the 45 CNEL interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per the applicable California Building Code. Adequate ventilation is likely to be required for the homes along Jamboree Road, along Park Avenue, and along the ramp connecting southbound Jamboree Road to Park Avenue. The exact ventilation requirements can be determined in the final study. Page 8 of 9 MRMestre Greve Associates L.:7 Division of Landrum & Brown Legacy Parcel 1B and 6A Project #535101 -0300 APPENDIX CALCULATION SPREADSHEETS DATA USED TO DETERMINE EXTERIOR NOISE LEVELS Page 9 of 9 C �m B� mIgig! WR • Q� M 1111111 i 0 �MBga mM AS aasaaaaaaPias F RRFRR ;R.SUF F Ffi��9��FdRe6 spe®6R.a°AHARA 3 9 Y Fy E e9 �E 'P9 E �9 IjE 'P9 E P9 E E9 E g9 E E9 E E4 E 24 E PS E 9 E P9 E 29 E f9 6 P9 E B9 F4 EF �S �9 9 P9 E+S E9 '$a E €9 'd E g9 E JB9 �fna o" ^E9 a �a d a IPa Pg -a � qa a'J �n l 1y3 S9 Q5 3O� ZK� �3 Sri B€ is 12 @a r a8 Bi P18 as a: ea 6:B ,- 'aa SINN GO CG 00 S 99 9^ q0 CC GC OG AO Aq. �v9 'I} C9 e RR 98 a8 32 9a a9 8 88 ®a ®9 88 'ea RF CC 5 �p ddd fifi C CC SS a6aaaa � __ !�A �RM �Cfi II II as � ^Pf�P'i �R P'inP'G ^PS ^PS�P'iryPS ^P3. Pi7Pi7 PjffiP�e PSaPS ^P��P� C April 2, 2013 Mr. Sean Doyle, Project Manager Standard Pacific Homes Southern California Coastal 15360 Barranca Parkway Irvine, CA 92618 LLG Reference: 2.12.3316 Subject Trip Generation Assessment for the Proposed Tustin Legacy Disposition Planning Area (PA) 1B & 6A Residential Project Neighborhood G South — PA 15 of the Tustin Legacy Specific Plan Tustin, California Dear Mr. Doyle: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this Trip Generation Assessment for the proposed Tustin Legacy residential project to be development by Standard Pacific Homes. The Project site is an 82.4± acre vacant parcel of land that is generally located west of Jamboree Road, north of the Jamboree Road on /off ramp, east of the future extension of Park Avenue, and south of the future extension of Moffett Avenue in the City of Tustin, California. This assessment focuses on the potential trip generation associated with the development of up to 375 residential dwelling units with within Planning Area (PA) 15 of the Tustin Legacy Specific Plan / Reuse Plan for Marine Corps Air Station (MCAS) Tustin. Consistent with Chapter 3: Land Use and Development / Reuse Regulations of the MCAS Tustin Legacy Specific Plan, the trip generation analysis is based on the information contained in Appendix F to the FEIS/EIR for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin — Final Traffic Technical Report, dated November 1999 and the Legacy Park of Tustin Legacy Neighborhood G Internal Circulation Analysis, dated July 2009, both of which were prepared by Austin -Foust Associates, Inc. The information contained in the "Neighborhood G" traffic analysis was used to establish a trip budget for the Project site. According to the MCAS Tustin Legacy Specific Plan, a maximum of 1,214 residential dwelling units various land use types (i.e. low density residential) is permitted within PA 15 (also identified as Neighborhood G), with an established trip budget of 10,287 average daily trips Engineers & Planners Traffic Transportation Parking Linscon, Lew & Greenspan, Engineers 1560 Corporate Drive Suite 122 Costa Mesa, CA 92626 714.641.1567 r 714.641.0139 F www.11gengineers.cpm Pasadena Costa Mesa San Diego Las Vegas PMkp M. Ilnscon, PEtiv = Jack M. Greenspan, PlEntl Wdram A. Lew, PE Raj Paul W Wdkinson, PE John P. Keating, PE Deaid 6.6herdec PE John A Boarrnan, PE Clare M. Look-Jaeger, PE Richard E. Ban toi, PE Kell O. Maherry, PE MVW1BCary,ny rwaedlW Mr. Sean Doyle April 2, 2013 C Page 2 (ADT's). Although the total residential unit count remained at 1,214 dwelling units, the mix of residential land use types assessed in the "Neighborhood G" traffic analysis resulted in an amended ADT budget of 10,456 ADT of which 3,165 ADT is attributable to the residential development within the Project Site. To ensure consistency with the MCAS Tustin Legacy Specific Plan as well as the findings and recommendations of the "Neighborhood G" traffic analysis, a comparison of the project's ADT potential with its allocation of the established neighborhood ADT trip budget has been prepared. Per the specific plan, this comparison is essential "to document ADT status as it is impacted by each development project so that sufficient roadway capacity remains to accommodate later projects." Project Description Based on review of the Project site plan dated March 27, 2013 and information provided by Standard Pacific Homes, the proposed Project includes the development C of 375 residential units within the southerly portion of Planning Area (PA) 15 of the MCAS Tustin Legacy Specific Plan. Attachment 1 presents the overall site plan for the proposed Project, as prepared by Tait. Review of Attachment 1 indicates that primary access to the Project site will be provided via the proposed signalized intersection of Park Avenue at Legacy Road, with secondary access provided via three (3) full access unsignalized intersections, one located on Park Avenue at "A Street", between the Jamboree Road Ramps and Legacy Road, and two located on Moffett Avenue, east of Park Avenue at "D Street" and "C Street. It should be noted that the proposed access configurations are consistent with those assumed in the "Neighborhood G" traffic analysis. Table 1, located at the rear of the letter report, presents the development summary for the proposed Project as well as the anticipated residential development totals assumed for the Project site within PA 15 — Neighborhood G South. As shown in Table 1, the residential development totals allocated for the Project site, as documented in the "Neighborhood G" traffic analysis, totals 420 units that consists of 258 low density residential (LDR) dwelling units and 162 medium density residential (MDR) dwelling units, whereas the proposed Project includes construction of 375 units that consists of 272 LDR dwelling units and 103 MDR dwelling units. Mr. Sean Doyle April 2, 2013 C Page 3 Project Traffic Generation Forecast Traffic generation is expressed in vehicle trip ends, defined as one -way vehicular movements, either entering or exiting the generating land use. Generation factors and equations used in this analysis are based on information found in Appendix F to the FEISIEIR for the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin — Final Traffic Technical Report, dated November 1999 or the Legacy Park of Tustin Legacy Neighborhood G Internal Circulation Analysis, dated July 2009. Table 2 summarizes the trip generation rates used in forecasting the impact of the proposed Project as well as the trip generation potential. As shown in middle portion of Table 2, the proposed Project is forecast to generate 3,427 daily trips, with 270 trips (65 inbound, 205 outbound) produced during the AM peak hour and 358 trips (234 inbound, 124 outbound) produced during the PM peak hour. A review of the lower portion of this table indicates that Project site allocation trip budget within PA 15 — Neighborhood G South totals 3,765 daily trips, with 297 trips C (70 inbound, 227 outbound) occurring during the AM peak hour and 391 trips (259 inbound, 132 outbound) occurring during the PM peak hour. Comparison of the proposed Project's daily trip generation potential of 3,427 ADT with that of the project site trip budget of 420 residential dwelling uses established by the "Neighborhood G" traffic analysis indicates that the proposed Project is forecast to generate approximately 338 fewer trips on a daily basis. Further, comparison of the Project site trip budget within PA 15 — Neighborhood G South with that of the proposed Project shows that the trip generation potential of the Project is well within the mitigated "trip budget" established for the site as evaluated in the "Neighborhood G" traffic analysis, with 27 fewer trips generated during the AM peak commute hour and 33 fewer trips generated during the critical PM peak commute hour. Conclusion Given the results of the trip generation forecast comparison, we conclude that the proposed Project is well within the trip budget established for the Project site within PA 15 — Neighborhood G South as identified in the Legacy Park of Tustin Legacy Neighborhood G Internal Circulation Analysis, dated July 2009, prepared by Austin- Foust Associates, Inc. Further, the findings and recommendations of the "Neighborhood G" traffic analysis remain valid. Mr. Sean Doyle April 2, 2013 Page 4 We appreciate the opportunity to prepare this investigation. Should you have any questions regarding this analysis, please call us at (949) 825 -6175. Sincerely, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal cc: file Attachments TABLE 1 PROJECT DEVELOPMENT SUMMARY TUSTIN LEGACY DISPOSITION PA 1 B & 6A RESIDENTIAL PROJECT NEIGHBORHOOD G SOUTH — PA 15 OF THE TUSTIN LEGACY SPECIFIC PLAN Notes: • SF= square foot of development Source: Legacy Park of Tustin Legacy Neighborhood G Intemal Circulation Analysis, dated July 1009, prepared by Austin -Foust Associates, Inc. AppendaA —Land Use and Trip Generation, TmdcAnalysis Zones (PAZ) 79, 81, 81, 85 through 90. Source: Overall Site Plan prepared by Tait and confirmed by Standard Pacific Homes. Product type 70' x 75', 50' x 100' and 46' x 82' are assumed to LDR while the Carriage Court product is assumed to be MDR. (Z) (1) Proposed Site Allocation Project WAS Specific Plan Development Development Planning Area (PA) Residential Land Use Type Totals Totals' Neighborhood G South Law Density Residential (LDR: 1 -7 DU /Acre) 258 DU 272 DU PA 15 Medium Density Residential (MDR: 8 -15 DU /Acre) 162 DU 103 DU Medium High Density Residential (NMR: 16 -25 DU /Acre) -- -- Totals 420 DU 375 DU Notes: • SF= square foot of development Source: Legacy Park of Tustin Legacy Neighborhood G Intemal Circulation Analysis, dated July 1009, prepared by Austin -Foust Associates, Inc. AppendaA —Land Use and Trip Generation, TmdcAnalysis Zones (PAZ) 79, 81, 81, 85 through 90. Source: Overall Site Plan prepared by Tait and confirmed by Standard Pacific Homes. Product type 70' x 75', 50' x 100' and 46' x 82' are assumed to LDR while the Carriage Court product is assumed to be MDR. C TABLE 2 PROJECT TRIP GENERATION FORECAST COMPARISON TUSTIN LEGACY DISPOSITION PA 1 B & 6A RESIDENTIAL PROJECT NEIGHBORHOOD G SOUTH — PA 15 OF THE TUSTIN LEGACY SPECIFIC PLAN Notes: • TOWN SF= Trip ends per 1,000 SF of development 3 Source: LegacyParkof Tustin Legacy Neighborhood G Internal CirculationAnal3 uis, dared Jul Y 1009, re Pa redo Y Atatin -Fowt Asociates, Inc. AM Peak Hour PM Peak Hour Project Description /Land Use Type Daily Enter Exit Total Enter Exit Total Trip Generation Factors: ' • LDR 1 -7 DU /acre: (TE/DU) 9.57 0.19 0.56 0.75 0.65 0.36 1.01 • MDR 8 -15 DU /acre: (TE/DU) 8.00 0.13 0.51 0.64 0.56 0.24 0.80 • MHDR 16 -25 DU /acre: (TE/DU) 6.63 0.08 0.43 0.51 0.42 0.20 0.62 Trip Generation Forecast. Proposed Proiect • LDR 1 -7 DU /acre: (272 DU) 2,603 52 152 204 176 99 275 • MDR 8 -15 DU /acre: (103 DU) 824 13 53 66 58 25 83 (A) Project Trip Generation Total 3,427 65 105 170 234 124 358 Nehehborhood G Soath Proiect Site Allocation 2,469 49 144 193 168 93 261 • LDR 1 -7 DU /acre: (258 DU) • MDR 8 -15 DU /acre: (162 DU) 1 296 21 83 104 91 39 130 (B) Site Trip Budget Allocation Total 3,765 70 227 297 259 132 391 (C) Net Project Trip Generation Potential = 338 5 22 27 25 8 -33 (A) Proposed Project — (B) Site Allocation Notes: • TOWN SF= Trip ends per 1,000 SF of development 3 Source: LegacyParkof Tustin Legacy Neighborhood G Internal CirculationAnal3 uis, dared Jul Y 1009, re Pa redo Y Atatin -Fowt Asociates, Inc. z r n K C �d v ny 0z n� O G 4 w v y C N N N 0 � J J Z � N 3 = fl P Q N � 7 � o d D� 9y i 1 a e KEE g T Exhibit B of Resolution No. 4239 Specific Plan Amendment 2013 -002 (Draft Ordinance No: 1440) DRAFT ORDINANCE NO. 1440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2013 -002 TO ALLOW GUEST PARKING BE PROVIDED ON PRIVATE LOCAL STREETS WITHIN THE MCAS TUSTIN SPECIFIC PLAN. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That proper application has been submitted by Standard Pacific Corp. for the development of 375 residential units, a focal park and other neighborhood amenities on approximately 78 acre site currently owned by the City of Tustin within Planning Areas 15 of the MCAS Tustin Specific plan. B. That the proposed development consists of detached single family homes and the MCAS Tustin Specific Plan requires 0.5 spaces of unassigned guest spaces per unit; however, Table 3-4 of the MCAS Tustin Specific Plan only allows not more than fifty (50) percent of the guest parking spaces required may be fulfilled with on- street parking on private and public local streets, except where adjoining a publicly accessible park. C. That the applicant has proposed to provide all guest parking within a parking bay and on the streets; thereby, requiring an amendment to Table 3 -4 of the MCAS Tustin Specific Plan. D. That a public hearing was duly called, noticed, and held on said application on December 10, 2013, by the Planning Commission. The Planning Commission adopted Resolution No. 4239 recommending that the City Council adopt Ordinance No. 1440. E. That a public hearing was duly called, noticed, and held on said application on January 7, 2014, by the City Council. F. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04 -76 approving a Supplement to the FEIS /EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS /EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13 -32 approving a second Addendum to the FEIS /EIR. The FEIS /EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Ordinance No. 1440 SPA 2013 -002 Page 2 Act (CEQA). The FEIS /EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An Environmental Checklist has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS /EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS /EIR. G. That an amendment to the MCAS Tustin Specific Plan to allow guest parking be provided on private local streets is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long -term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city -wide urban design. 4. Promote economic expansion and diversification. 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed -use, master - planned development. SECTION 2. The MCAS Tustin Specific Plan is hereby amended to read as attached hereto in Exhibit A. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2014. ELWYN A. MURRAY Mayor JEFFREY C. PARKER City Clerk Ordinance No. 1440 SPA 2013 -002 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1440 JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1440 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 7t day of January, 2014 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2014 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Published Chapter 3 e Land Use and Development /Reuse Regulations TABLE 3 -4 RESIDENTIAL OFF - STREET PARKING REQUIREMENTS (ALL REUSE PLAN DISPOSITION PARCELS EXCEPT PARCEL 36) Number of Nunrher of Number of Unassigned Number of Unassigned Spaces Spaces Covered/Assigned Guest Spaces Housing Tye Re aired S aces er Unit' Detached Single - Family Detached Sin ale- Family 2.0 2 Gara e 5 er unit Attached Single- Family 2 Garage Public /Private 2 Bedroom Studio 1.0 1 Garage .25 per unit I Bedroom 1.5 1 Garage 25 per unit 2 Bedroom 2.0 2 Garage .25 per unit 3 Bedroom 2.0 2 Garage 25 per unit 4 Bedroom 2.5 2 Garage 1.25 per unit Condominium and Multiple - Family I Covered .7 spaces /unit if garages 2 or more Bedroom Units 1 Covered .4 spaces/unit if carports Studio 1.0 1 Garage or carport .25 per unit 1 Bedroom 1.5 1 Garage or carport .25 per unit 2 Bedroom 2.0 2 Garage or carport .25 per unit 3 Bedroom 2.0 2 Garage or carport .25 per unit 4 Bedroom 2.5 2 Garage e or carport .25 per unit Patio Homes 2.0 2 Garage 0.5 per unit Not more than 20 percent of a Building Site's attached residential units within Neighborhood G, and all attached residential units within Neighborhood D may utilize tandem spaces to satisfy the requirement for covered parking. ' ? tai -more4han- fi4ly00) spaces required may be fulfilled with on- street parking on private and- publie- leea;- streets, except where adjoining a publicly accessible park with the approval of the Community Development Director. RESIDENTIAL OFF - STREET PARKING REQUIREMENTS (REUSE PLAN DISPOSITION PARCEL 36 ONLY) Number of Number of Unassigned Spaces Covered/Assigned Guest Spaces Housin Tv a Required Spaces per Unit Detached Single - Family 1 Bedroom 2.0 2 Garage Public /Private 2 Bedroom 2.0 2 Garage Street frontage' - 3 Bedroom 2.0 2 Garage 4 or more Bedroom 3.0 2 Garage Attached Development, Ownership Studio I Bedroom 1.0 I Covered .7 spaces /unit if garages 2 or more Bedroom 1.5 1 Covered .4 spaces/unit if carports 2.0 1 Covered ' Resident spaces may be tandem. '- If on -street parking is not permitted or is restricted on the unit's street frontage, then I visitor parking space shall be required for each affected unit. This visitor space shall be located not more than 100 feet from the unit's street frontage. This space cannot be tandem. On- street parking may count toward fulfilling visitor parking requirements if on a private street. Tandem parking may not count toward fulfilling visitor parking requirements. WAS Tustin 3 -161 Exhibit C of Resolution No. 4239 Conditions of Approval EXHIBIT C RESOLUTION NO. 4239 DEVELOPMENT AGREEMENT 2013 -003, SPECIFIC PLAN AMENDMENT 2013 -002, CONCEPT PLAN 2013 -002, TENTATIVE TRACT MAP 17507 AND DESIGN REVIEW 2013 -006, CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall be compliance with the MCAS Tustin Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped December 10, 2013, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Approvals for Concept Plan, Design Review, and Tentative Tract Map shall become null and void in the event that Specific Plan Amendment 2013 -002 is not approved by the City Council. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered by the Community Development Director if a written request is within thirty (30) days prior to expiration date. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW * ** EXCEPTION Exhibit C Resolution No. 4239 Page 2 (1) 1.5 Approval of project is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.6 As a condition of approval of the project, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. BUILDING PLAN SUBMITTAL (3) 2.1 At the time of building permit application, the plans shall comply with the 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. (1) 2.2 All private on -site design and construction of improvement work shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; D. Signing /striping plan; Exhibit C Resolution No. 4239 Page 3 E. Street (lighting; F. Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; G. Catch basin /storm drain laterals /connections to the public storm drain system with approval of the City of Tustin; H. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District (IRWD); Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; J. Underground utility connections: All utility lines shall be placed underground by the developer; K. Fire hydrants; L. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City- franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. ARCHITECTURE 3.1 At building plan check, building elevations visible from Moffet Drive and Park Avenue, shall have enhanced elevation in terms of color and material, architectural articulation in form of window trim, fascia molding, Exhibit C Resolution No. 4239 Page 4 planter boxes, etc. to the satisfaction of the Community Development Department. (1) 3.2 All exterior colors and textures shall be submitted for review and approval of the Community Development Department. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (1) 3.3 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. LAN DSCAPINGIHARDSCAPE (1) 4.1 At plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: ■ Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. • Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. • Show all property lines on the landscaping and irrigation plans, public right -of -way areas, sidewalk widths, parkway areas, and wall locations. • The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. • Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. Exhibit C Resolution No. 4239 Page 5 • Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. • Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. • Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. • Fences, wall, and equipment areas shall be screened with walls, vines, and /or trees. ■ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. ■ Landscape adjacent to the right -of -way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. (4) 4.2 On -site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall /fences shall be made of durable materials subject to review and approval of the Community Development Department. (4) 4.3 Perimeter tract walls shall be constructed of high quality materials and complementary architecture subject to final approval of the Community Development Department. (1) 4.4 Trees in the landscape setbacks adjacent to public rights -of -way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. USE RESTRICTIONS ( * ") 5.1 The project shall include 375 units, including 103 Carriage Court Homes; 99 Carriage Way Homes; 173 detached single family dwelling units; and Exhibit C Resolution No. 4239 Page 6 focal park and greenbelt that are privately owned but accessible to the public except the fenced area as depicted in the approved site plan. (4) 5.2 All parking spaces (on -site and off -site) shall be maintained as shown on the approved "Parking Plan (Sheet C -4)" Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. (5) 5.3 Individual trash can service may be provided on the site. Trash cans shall be placed only in the locations identified on the approved "Trash Pick -up Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (1) 5.4 No outdoor storage shall be permitted during grading or building stages, except as approved by the Community Development Director. (1) 5.5 Unless otherwise agreed by the City in its sole discretion, the property within the tract or any street or sidewalk or alleyway thereon shall not be privately gated; provided however, that any swimming pool and /or spa facility within the private common area and any private indoor common area improvement, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. 5.6 Design and construction of all on -site and off -site developer required public infrastructure and in -tract private streets and utility systems shall be constructed within the initial phase of development as identified on the approved Phasing Plan. Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. CC &RS (1) 6.1 All organizational documents for the project including any covenants, conditions, and restrictions (CC &Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC &Rs shall be recorded with County Recorder's Office prior to issuance of the first certificate of occupancy. A copy of the final documents shall be submitted to the Community Development Department after recordation. (1) 6.2 No Certificate of Occupancy shall be issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all Exhibit C Resolution No. 4239 Page 7 other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. The CC &Rs shall include, but not be limited to, the following provisions: A. The City shall be included as a party to the CC &Rs for enforcement purposes of those CC &R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC &Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including recreational buildings and amenities, landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails), parkland facilities and bikeways, and open space areas. D. Membership in the homeowners association shall be inseparable from ownership in individual units. E. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code and the MCAS Tustin Specific Plan. F. Maintenance standards shall be provided for applicable items listed in Section C above in CC &Rs. Examples of maintenance standards are shown below. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate Exhibit C Resolution No. 4239 Page 8 exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. G. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC &Rs. H. Private open space areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC &Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in perpetuity. The CC &Rs shall include a separate dimensioned site plan or other instruments for each unit that is allocated a sideyard easement over adjoining lot. The CC &Rs shall include provisions for authorized uses and structures, access, maintenance, restrictions within this easement area. J. A site plan showing the public portion of the park site and associated public easements that will be accessible to the public and provisions for maintenance of these areas by the Homeowners Association. K. The approved "Parking and Circulation Exhibit" shall be made part of the CC &Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC &Rs, including the following: 1. All units are required to maintain a two -car garage. Exhibit C Resolution No. 4239 Page 9 2. A minimum of 188 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit' and have a minimum length of twenty -two (22) feet per stall for on street parking. 3. Residents shall not store or park any non - motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 5. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC &Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. L. Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved `Trash Pick -up Plan" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. M. Maintenance of lettered and numbered Lots containing all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. N. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. O. All utility services serving the site shall be installed and maintained underground. P. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1 st of each year with the City of Tustin Exhibit C Resolution No. 4239 Page 10 Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC &R violations. Q. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. R. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC &R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. HOMEBUYER NOTIFICATION (1) 7.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and /or issuance of each Certificate of Occupancy. A. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated with Moffett Drive, Park Avenue, Jamboree Road, and Warner Avenue off -ramp. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and /or where field - testing determines inadequate noise insulation. B. A notice, to be reviewed by the City of Tustin and the Tustin Unified School District, regarding the location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map) and advice to homebuyers that proposed school sites may never be constructed. C. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. Exhibit C Resolution No. 4239 Page 11 D. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. E. A notice indicating that public use of portion of the park site will be allowed and noting public ingress and egress through the subdivision will be provided for access to the park. F. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on -site streets, alleys, paseos, and common areas are to be maintained by the homeowners association. G. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof any street or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and /or spa facility within the private common area and any p[private indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. H. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick -up Plan" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. A notice indicating that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit and that the City of Tustin makes no claim, warranty, or guarantee that views from any unit will be preserved as development of surrounding properties occurs. J. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. K. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate dimensioned site plan or other instruments for each unit that benefits from adjoining private open space (Carriage Court Units — Sheldon). L. A notice explaining and providing a copy of the approved "Parking Plan" and related CC &R provisions. Exhibit C Resolution No. 4239 Page 12 M. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. N. The developer shall notify all homebuyers that future Assessment/Maintenance Districts may affect the property. ORANGE COUNTY FIRE AUTHORITY (5) 8.1 Prior to issuance of a building permit: Fire Master Plan (service code PR145)- This plan has been approved by OCFA under SR #185653 (5) 8.2 Prior to concealing interior construction: Fire Sprinkler System (s) (service codes PR400). All structures shall be protected with fire sprinklers. The fire sprinkler plans can be deferred until prior to concealing interior construction. NOISE (1) 9.1 At plan check, a noise analysis shall be provided to ensure compliance with the Tustin Noise standards. (1) 9.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. (1) 9.3 At plan check, the applicant shall submit a detailed plan showing the length and height, grading details, and type of materials of any required sound walls for review and approval of the Community Development Department. GRADING AND DRAINAGE CONDITIONS (1) 10.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 10.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 10.3 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The grading plan shall be consistent with the approved site and landscaping plans. Exhibit C Resolution No. 4239 Page 13 (1) 10.4 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) 10.5 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) 10.6 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) 10.7 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) 10.8 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) 10.9 Prior to issuance of a grading permit, the applicant shall record a "Covenant and Agreement Regarding Operation and Maintenance (O &M) Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk- Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non- structural BMPs as specified in the approved WQMP. (1) 10.10 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 IMPROVEMENTS Exhibit C Resolution No. 4239 Page 14 (1) 11. 1 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. (1) 11.2 Park Facilities, comprised of a 6.1 acre private park and related amenities, to which public access will be provided, subject to rules and regulations to be approved by City, which shall be Completed prior to the date set forth for Completion of the Park Facilities in the Schedule of Performance. (1) 11.3 The landscape and irrigation system along (a) the parkway of Moffett Drive adjacent to the Project from Park Avenue to Jamboree Road, (b) Jamboree Road and the ramp to Park Avenue and (c) the parkway of Park Avenue adjacent to the Project from the ramp to Park Avenue to Moffett Drive, in each case prior to the date set forth for Completion of such work in the Schedule of Performance. (1) 11.4 Prior to issuance of the 1,001th Building Permit (243th permit for this project), the following must have been satisfied: (a) a contract has been let by City for the Peters Canyon Channel Improvements and (b) construction of the Channel Improvements has commenced. (1) 11.5 The proposed landscaping plant material along Park Avenue, Moffett Avenue, and Jamboree Road 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) 11.6 The applicant shall provide a Geotechnical Report, Pavement Analysis, and Design Report for all required Tustin Legacy Backbone Infrastructure, Local Infrastructure and Private Infrastructure improvements required in the Tentative Tract Map. (1) 11. 7 Preparation of plans for and construction of a. All domestic water, reclaimed water and sanitary sewer system shall be submitted and approved by Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District. Any required domestic water, reclaimed water and sanitary sewer system shall meet the standards as required by the Irvine Ranch Water District. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. b. Fire master plan shall be submitted and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and Exhibit C Resolution No. 4239 Page 15 reliability of water system design and the distribution of fire hydrants will be evaluated. (1) 11.8 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized. (1) 11. 9 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) 11. 10 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) 11. 11 A street lighting system shall be prepared for review and approval by the City of Tustin and Southern California Edison. (1) 11.12 The applicant shall be responsible for abandoning and removing all existing utilities within the current and proposed roadway sections. (1) 11. 13 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) 11. 14 The applicant shall enter into a landscape maintenance agreement with the City of Tustin for maintenance of parkway improvements within public rights -of -way adjacent to the project along Park Avenue, Moffett Avenue, and Jamboree Road. (1) 11. 15 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. a. 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. b. The applicant shall dedicate public access and maintenance easements to the City of Tustin for sidewalk along Moffett Avenue, Park Avenue, and Jamboree Road, at no cost to the City. (1) 11. 16 The applicant, property owner(s) are required to participate in the City's recycling program. Exhibit C Resolution No. 4239 Page 16 (1) 11.17 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 ". (1) 11. 18 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: a. Prior to any work in the public right -of -way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. b. The applicant shall obtain 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. c. 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 system throughout the project subject to review and approval of City Engineer. TRACT MAP (1) 12. 1 Within 24 months from tentative map approval, the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless Exhibit C Resolution No. 4239 Page 17 an extension is granted pursuant to the State Subdivision Map Act and the Tustin Municipal Code. (1) 12.2 The final tract map shall be recorded in accordance with approved Tentative Tract Map 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) 12.3 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 guidelines and standards and applicable mitigation measures identified in the certified FEISIEIR, and other agreements with the City of Tustin unless otherwise modified by this Resolution. (1) 12.4 The subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right -of -way or of public parkland, or community facilities district for funding of Tustin Legacy backbone infrastructure or municipal service provision to the project site, or a future community facilities district for school purposes (1) 12.5 CADD Requirements: 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. 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). 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) 12.6 Sub - divider 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. Exhibit C Resolution No. 4239 Page 18 (1) 12.7 Prior to submittal of an application for building permits, the applicant shall submit proposed address exhibit to the Engineering Division for review and approval. FOCAL PARK (5) 13.1 For the convenience of the park patrons, the public restrooms shall include at least two (2) toilets for each gender. (5) 13.2 A diaper changing table (wall unit) shall be provided in ladies restroom. (5) 13.3 Timer locks shall be provided on public restroom outside doors to secure the facility after - hours. (5) 13.4 The Bocce Ball Court shall be constructed at the Official Bocce Dimension of 13'x90'. The Bocce Ball Court must be ADA compliant. (5) 13.5 All playground surfacing shall be ADA compliant. (5) 13.6 Seating area /benches shall be provided near adventure playgrounds for use by parents to monitor their children. (5) 13.7 Power receptacles shall be provided at plaza /stage area. POLICE DEPARTMENT (1) 14.1 Prior to the issuance of building permits, the applicant must submit to the police department, a photometric lighting plan showing compliance with the Tustin Security Code, which is: (a) A maintained minimum one foot - candle of light on the private drives and parking surfaces. (b) A maintained minimum of one - quarter foot - candle of light on the walking surfaces. (1) 14.2 The lighting plan is to be overlaid onto a tree landscape plan. (1) 14.3 Wayfinding: Prior to the issuance of building permits, the applicant must submit to the police department, a wayfinding plan for the carriage court homes (Sheldon Homes) and flag lots. ENVIRONMENTAL (1) 15.1 All mitigation measures related to the project that are required by the Exhibit C Resolution No. 4239 Page 19 Mitigation Monitoring Program for the MCAS Tustin, identified in this exhibit and in other related project entitlements, shall be implemented. Additional measures related to development of this project as noted in the adopted EIS /EIR and are not previously identified in this exhibit as a condition of approval are required as follows: A. Prior to issuance of any permits, the developer shall retain a County - certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. B. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. C. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County- certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. D. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. F. The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. G. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. Exhibit C Resolution No. 4239 Page 20 FEES (1)(5) 16.1 Prior to issuance of each building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. e. Water and sewer connection fees to the Irvine Ranch Water District. f. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot or the most recent rate of new or added gross square floor area of construction or improvements to the Community Development Department. g. New development tax fee in the amount of $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District. L Other applicable Tustin Legacy Backbone Infrastructure Program fees. (1) 16.2 Within forty -eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of 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.