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HomeMy WebLinkAbout01-ATTACHMENT DATTACHMENT D Planning Commission Minutes of December 10, 2013 and Resolution Nos. 4238 and 4239 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 10, 2013 7:07 p.m. CALL TO ORDER Given INVOCATION /PLEDGE OF ALLEGIANCE: Chair Kozak ROLL CALL: Present: Chair Kozak Chair Pro Tem Thompson Commissioners Altowaiji, Lumbard and Smith Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Assistant Director of Community Development Ken Nishikawa, Deputy Director of Public Works - Engineering Scott Reekstin, Principal Planner Amy Stonich, Senior Planner Ryan Swiontek, Senior Planner Edmelynne V. Hutter, Senior Planner Adrianne DiLeva- Johnson, Senior Management Assistant Vera Tiscareno, Executive Secretary None PUBLIC CONCERNS Approved CONSENT CALENDAR: APPROVAL OF MINUTES — November 12, 2013 PLANNING COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the minutes of the November 12, 2013 meeting as provided. Motion: It was moved by Altowaiji, seconded by Smith, to approve the minutes as amended. Motion carried 5 -0. Minutes — Planning Commission December 10, 2013 Page 1 of 13 Motion: 2. 3. GENERAL PLAN CONFORMITY DETERMINATION — RELOCATION OF ARMY RESERVE CENTER. The City is currently in negotiations with the U.S. Army for a potential relocation from their current Army Reserve Center located on Barranca Parkway adjacent to The District shopping center to the future location at the north east corner of Red Hill Avenue and future Warner Avenue. The future site is currently owned by the City and the City is entering into a real estate transaction with the Army to allow for the relocation. The relocation would benefit both the U.S. Army and the City of Tustin. APPLICANT: City of Tustin PROPERTY OWNER: City of Tustin LOCATION: North east corner of Red Hill Avenue and future Warner Avenue ENVIRONMENTAL DETERMINATION: General Plan Conformity determinations required by Government Code Section 65402(a) are not considered "Projects" requiring environmental review pursuant to the California Environmental Quality Act. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4242 determining that the location, purpose, and extent of the proposed disposition of approximately 15 acre site to accommodate the relocation of Army Reserve Center is in conformance with the Tustin General Plan. It was moved by Altowaiji to adopt Resolution 4242, seconded by Smith. Motion carried 5 -0. COMMERCIAL DESIGN GUIDELINES FOR THE CULTURAL RESOURCE DISTRICT — UPDATE AND OVERVIEW. The format and appearance of the Draft Commercial Design Guidelines for the Cultural Resource District are modeled after the recently updated Residential Design Guidelines. Like the Residential Guidelines, the Commercial Design Guidelines serve as a guide to assist property owners, architects, contractors, and other design professionals in understanding Minutes — Planning Commission December 10, 2013 Page 2 of 13 the City's goals for the preservation of historically significant buildings and neighborhoods. Another purpose is to provide basic principles for achieving quality design and development compatible with the character of the Cultural Resource District; the guidelines often help property owners and design professionals in designing projects that are acceptable and consistent with the design criteria and standards established for the Cultural Resource District. RECOMMENDATION: That the Planning Commission receive the overview draft Commercial Design Guidelines for the Cultural Resource District. Thompson Requested that this item be pulled from the Consent Calendar for discussion. General comments included: signs being evaluated for Old Town should celebrate history, seismic retrofit program (rehabilitate structure), and definition of signage to show significant impact to a structure which has been rehabilitated. Overall, a very comprehensive list. Motion: It was moved by Thompson, seconded by Altowaiji to receive the draft guidelines. Motion carried 5 -0. PUBLIC HEARINGS: Received the 4. CONDITIONAL USE PERMIT 2013 -11 —155 S. MYRTLE applicant's withdrawal. The applicant provided a written request to withdraw the application for CUP 2013 -11. Permits have been issued to abate all code enforcement issues for the single family residence and the 2 -story accessory building. RECOMMENDATION: That the Planning Commission receive the applicant's written request to withdraw the application for CUP 2013 -11 and remove this item from the calendar. Stonich Provided a brief presentation. The public hearing opened /closed at 7:15 p.m. No members of the public stepped forward. Motion: It was moved by Kozak, seconded by Thompson, to receive the applicant's written request to withdraw the application and to remove from the calendar. Motion carried 5 -0. Minutes — Planning Commission December 10, 2013 Page 3 of 13 Adopted Resolution Nos. 4240 and 4241 as amended. 5. USE DETERMINATION 2013 -01 & CONDITIONAL USE PERMIT 2013 -17. Use Determination 2013 -01 is a request to allow pawnbroker offices as a conditionally permitted use within the Planned Community Business Park (PC BUS PARK) zoning district. Additionally, Conditional Use Permit 2013 -17 is a request to operate a pawnbroker office located within an existing 898 square foot office suite. APPLICANT: Mark Schechter Ideal Luxury , LLC 17772 E. 17..' Street, Suite 110 Tustin, CA 92780 PROPERTY OWNER: LOCATION: ENVIRONMENTAL: GRE Tustin Financial Plaza, LLC 4440 Von Kerman Ave., Suite 350 Newport Beach, CA 92660 17772 E. 17" Street, Suite 110 This project is categorically exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission: Adopt Resolution No. 4240, approving Use Determination 2013 -01 to allow pawnbroker offices as a conditionally permitted use within the Planned Community Business Park (PC BUS PARK) zoning district. 2. Adopt Resolution No. 4241, approving Conditional Use Permit 2013 -17 to operate a pawnbroker office located within an existing 898 square foot office suite at 17772 E. 17th Street, Suite 110. Swiontek Gave a presentation of the item. Minor revision made to Resolution 4240 (typographical error in zoning district). Commission questions /concems /comments generally included: outline of security measures (i.e. camera system, alarm); discretion of sales; location of inventory; use restriction (Item 2.1) on types of sales items Minutes — Planning Commission December 10, 2013 Page 4 of 13 (limited to luxury items); control of sales items; applicant's condition on allowing items being sold to seller again; and professionalism of website. The public hearing opened at 7:22 p.m. Applicant, Mark Schechter had favorable comments for City staff. He addressed each of the Commission's questions /concems. Mr. Schechter's comments generally included: Background on his pawn shop experience; discretion of sales (i.e. appointment only, private office); on -site safe; UL listed (meets certain requirements); installed cameras; sales by appointment only; City's restrictions; the term is an "illegal loan" (per the Department of Justice) in the event there are stolen items; the pawnbroker cannot "promise" the item will be made available once the loan period has expired; and the alarm system. Swiontek His comments generally included: Standard criminal background check completed by Tustin P.D.; pawnbroker permit has been approved by Tustin P.D.; however pending the CUP; City does not want to see a "typical pawn shop" (i.e. guitars, furniture, etc.); applicant would need to seek approval from Community Development prior to engaging in sales and would need to be approved in writing by the Director; if the loan period has expired, the pawnbroker takes possession of the item and does not have to guarantee return of the item. The public hearing closed at 7:28 p.m. Bobak Commented on the ease of having a Conditional Use Permit. Willkom Referred the Commission to the Tustin City Code relating to Pawnbroker regulations. Smith Requested a definition of limiting the pawning of luxury items. Thompson Supports the item and likes that it runs similar to an office and not a shop. Kozak Favorable comments regarding sales in an office setting rather than a typical pawn shop and the Conditional Use Permit. He would like "no other sign shall be installed unless consistent with the Master Sign Program and approved by the Community Development Director" to be added to Condition 2.6. Motion: It was moved by Smith, seconded by Altowaiji. Motion carried to adopt Resolution Nos. 4240 and 4241 as amended (5 -0). Minutes — Planning Commission December 10, 2013 Page 5 of 14 Adopted Resolution 6. GENERAL PLAN CONFORMITY, DEVELOPMENT Nos. 4238 and AGREEMENT (DA) 2013 -003, SPECIFIC PLAN 4239 as amended. 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 This item is a request to approve: 1. A General Plan Conformity finding 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. A Specific Plan Amendment 2013 -002, an amendment to the MCAS Tustin Specific Plan, to allow guest parking be provided on private local streets. 3. A 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. A 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. 5. A Design Review 2013 -006 for the design and site layout of 375 single family detached units, a focal park, and other neighborhood amenities. 6. A Development Agreement 2013 -003 to facilitate the development and conveyance of an approximate 78 acre site within the boundaries of MCAS Tustin Specific Plan. APPLICANT: Standard Pacific Corp. 15360 Barranca Parkway Irvine, CA 92618 PROPERTY OWNER: City of Tustin Minutes — Planning Commission December 10, 2013 Page 6 of 14 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. ENVIRONMENTAL: 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. 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. Minutes — Planning Commission December 10, 2013 Page 7 of 13 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. 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. Smith Asked to be recused since he is within 500 feet of the Peters Canyon Channel. Willkom Gave a presentation of the item. Standard Pacific (Stan Pac) conducted a traffic study, there is no significant impact, and it is within the FEIS /EIR. "Community Schedule" — Stan Pac provided estimated dates (begin 2014). Project completion estimated to be completed 2017 pending marked conditions. Revised Development Agreement was provided to the Commission. Minor revision made to Section 3.1.1C and the applicant was informed of the change and agreed with the new language. Thompson Questioned Peter's Canyon Channel Program — development threshold of units being installed in 2015. Asked where the City is with the process. Willkom City entered into an agreement to complete the improvement of Peter's Canyon Channel and the agreement included the provision that prior to issuance of 1001 Building Permit (Master Development Footprint) which states the improvements to the channel must have commenced. Condition 11.4 has been included in Resolution 4239 and is consistent with the agreement the City has with the Peter's Canyon improvement. Binsack Clarified 1001 Building Permit for any unit that drains into that channel rather than those in the Master Development footprint. Lumbard With regard to traffic, Warner Ave. to the south is the current off -ramp from Jamboree for this particular neighborhood. Questioned what the plans are to expand Warner to handle the increased traffic flow. Minutes — Planning Commission December 10, 2013 Page 8 of 113 Nishikawa Currently no plans to increase Warner Ave. It is designed to withstand the capacity build -out for the area. Intersection mitigation requirements still have to be completed, but the street itself is wide enough for that capacity. Plans to extend Warner Ave. to Red Hill Ave. to complete circulation route through Tustin Legacy. Thompson Requested further information regarding the small block walls serving as sound attenuation for the noise. Also requested location of the condition regarding sound attenuation items. Questioned the structure of the Conditions of Approval. Nishikawa An acoustical report was done within the study. In conclusion, sound walls are required along Jamboree. A wall would have to continue throughout the area. There are building issues that have to be addressed and must meet the requirements of the building permit to cover the 2nd floor of the 2 -story homes. Willkom Response to questions generally included: the sound attenuation (Condition 9.1 through 9.3, Resolution 4239); Exhibit C of Resolution 4239; Standard Conditions and Building Plan submittal (architectural, color, material, landscape, hardscape, etc.); CC &R's standard conditions with additional specific conditions related to Sheldon products; standard homebuyer notifications; and public improvements specific to the project. Altowaiji Questioned public use of focal park and guest parking. Willkom Conditions of Approval show easement into the focal park (Condition 11.2 of Exhibit C indicates public access will be provided). It will be stated in the CC &R's for garage use and guest parking. Homeowner's association will handle enforcement of the CC &R's. Homebuyers will also be notified of the same. Bobak The Conditions Of Approval requires there be public access to the focal park. Then it becomes how the Commission wants to implement the Conditions of Approval. Nishikawa There will be a separate instrument to address public use of the focal park. Private street standards will be used for private streets. Binsack Referred the Commission to Resolution 4239 for CC &R's requirements (parking). The public hearing opened at 8:19 p.m. Sean Doyle, representing Standard Pacific Homes, commended City staff for their efforts with the project. Minutes — Planning Commission December 10, 2013 Page 9 of 13 The Commission's comments /concerns generally included: density of the development (focal park); price range of homes; elevation views of side yards; width of the street for parking; and guest parking. Mr. Doyle addressed each of the Commission's questions /concerns. His comments generally included: Overall density is currently required by the Specific Plan which is included in the packet (C -2.1, E -2.2); home prices will approximately range from $500K - $900K; elevations for side yards and windows; conditions in regards to enhancements for public views from the street; width of the streets are wider than the standard city streets, curbs, and gutters. The public hearing closed at 8:35 p.m. Willkom Referred to the entitlement documents regarding density. Condition 3.1 Exhibit C (enhanced elevations shown). Section EE key map shown — sound wall in rear yard. Lumbard Agrees the City is in conformance with the General Plan. Altowaiji Has a concern with parking and does not want it to become a problem for the City. Thompson Comprehensive package. Favorable comments. Requests an amendment to the qualifications to the Condition of Approval 3.1 asking staff to further evaluate Jamboree and Warner Avenue off ramp. Kozak Favorable comments. Noted the amendment to the Development Agreement which was provided to the Commission. Motion: It was moved by Thompson, seconded by Lumbard. Smith abstained. Motion carried 4 -0 -1. REGULAR BUSINESS: Adopted Resolution 7. DESIGN REVIEW 2013 -007 FOR 675 W. THIRD STREET No. 4237 as amended. Design Review (DR 2013 -007) to construct a two car garage and remodel an existing single family residence for code compliance at 675 W. Third Street. APPLICANT: PROPERTY OWNER: Leon Tran 7332 20th Street, # E Westminster, CA 92683 Hiep Bui 675 W. Third Street Tustin, CA 92780 Minutes — Planning Commission December 10, 2013 Page 10 of 13 LOCATION: 675 W. Third Street Tustin, CA 92780 ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15301, Class 1 and 15303, Class 3 of Title 14, Chapter 3 of the California Environmental Quality Act. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4237, approving Design Review (DR) 2013 -007 to construct a new two car garage and remodel an existing single family residence for code compliance at 675 W. Third Street. Altowaiji Asked to be recused since he is within 500 feet of the site location. Stonich Gave a presentation of the item. Binsack Included findings for the Commission's consideration before making a final decision. Stated the findings require deed restrictions and the concern of an illegal conversion of the garage in the future (Item H -7 in Resolution 4237). Smith Concerned with the proposal now being four (4) bedrooms whereas in the past, three (3) bedrooms were allowed. Also, if any square footage would be removed from the remodel. Stonich The proposal had to accommodate the two -car garage being converted. The parking ordinance has a maximum of four (4) bedrooms for a two -car garage. Patio area to be reopened and the porch will have some square footage removed. Lumbard Questioned the level of impact of the Deed Restrictions. Bobak Stated a recorded document puts future owners on notice of what the property can be used for. This is yet another way for the City to ensure future property owners know their limitations. Thompson Questioned the reasoning for Wells Fargo selling the home when there were numerous violations. Stonich Property was taken over as a foreclosure. Kozak Clarified the property owner worked with the City with applications, deed restrictions, etc. Invited the property owner to make any comments. Minutes — Planning Commission December 10, 2013 Page 11 of 14 Leon Tran, applicant, spoke. He ensured the City codes would be followed. Motion: It was moved by Thompson to adopt Resolution No. 4237 as amended, seconded by Kozak. Altowaiji abstained. Motion carried 4 -0 -1. Directed staff to forward 8, 2013 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT to the State Office of Historic Preservation. Attached for the Planning Commission's consideration is a copy of the City of Tustin Certified Local Government (CLG) Annual Report for the reporting period between October 1, 2012, and September 30, 2013. The Annual Report summarizes the City's historic preservation efforts and describes how the City met all of the minimum requirements of the Certified Local Government program during the 2012/2013 reporting period. The Annual Report will be transmitted to the State Office of Historic Preservation by December 31, 2013. RECOMMENDATION: That the Planning Commission direct staff to forward the Annual Report to the State Office of Historic Preservation. Presentation: Scott Reekstin, Principal Planner Binsack Informed Commission that any specific questions can be answered by staff. There were no questions from the Commission. Motion: It was moved by Smith, seconded by Lumbard to forward the report to the State Office of Historic Preservation. Motion carried 5 -0. STAFF CONCERNS: Presentation: Elizabeth A. Binsack, Development The Director reported as follows: Happy Holidays to everyone! Director of Community Minutes — Planning Commission December 10, 2013 Page 12 of 14 COMMISSION CONCERNS: Lumbard Attended: • 11/23/13 • 12/3/13 • 12/6/13 • 12/14/13 In candle the and victim,, Tustin Ranch Road opening — well done event! City Council re- election City's Christmas Tree Lighting One year anniversary of the Sandy Hook tragedy. remembrance, people were asked to light a night before to remember the children i of that tragic event. Altowaiji Attended the Tustin Ranch Road opening 11123113 - great way to celebrate the progress in Tustin! Smith Favorable comments to the applicant (Item #7) for making changes to improve the community. Thompson Attended: • 11/21/13 Mayor's Thanksgiving Breakfast — great event! • 11/23/13 Tustin Ranch Road opening • 11/24/13 Participated in the Special Olympics fundraiser USC vs. UCLA. • 12/3/13 City Council re- election. Congratulated Mayor Murray and Mayor Pro Tern Puckett on another great year! • 12/10/13 OC Business Council Business Meeting Kozak Update: Southern California Gas Company update — system wide upgrades • American Society Civil Engineers History Merry Christmas, Happy Hanukkah, Happy New Yearl Attended: • 11/21/13 Mayor's Thanksgiving Breakfast. Ms. Runnion's speech was memorable. • 11/23/13 Tustin Ranch Road opening (estimated 700 in attendance). • 12/3/13 City Council re- election • 1216/13 29th City's Christmas Tree lighting. Thanks to staff for all of your work during the yearl Support and collaboration with the Planning Commission. Merry Christmas, Happy Hanukkah, Happy New Year and see you in January 20141 Minutes — Planning Commission December 10, 2013 Page 13 of 14 9:08 P.M. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, January 14, 2014, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. 2- TEV ZAK Chairperson ELIZABETH A. BINSACK ` Planning Commission Secretary Minutes — Planning Commission December 10, 2013 Page 14 of 14 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: 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. 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. OZAK Chairperson e� 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 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 Area 15 of the MCAS Tustin Specific plan. 3 That the development application includes the following requests: Specific Plan Amendment 2013 -002, an amendment to the MCAS Tustin Speck 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. Development Agreement 2013 -003 conveyance of an approximate 78 MCAS Tustin Specific Plan. to facilitate the development and acre site within the boundaries of 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 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 4.2.2.A requires the submission of a Concept Plan prior to or concurrent with the submission of a new development proposal within Planning Area 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: 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. 0643 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 (Exhibit B), Concept Plan 2013 -002, Tentative Tract Map 17507, and Design Review 2013 -006, subject to the conditions attached hereto as Exhibit C. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10th day of December, 2013. 1 �J.,•1 '. OZAK 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 ATTACHMENT D It] RESOLUTION NO. 4239 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Ifay, 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. IV 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. 0643 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/EM, 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 ation and Housing igy and Soils )logy and Water Quality Quality tsportation & Circulation at 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. ® 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: Justina Willkom, Assistant Director - Planning Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Date: Dale EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS —Would the project: a) Have a substantial adverse effect an 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 anew source of substantial light or glare which would adversely affect day or nighttime views in the area? IL 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 an 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 'rogmm of the California Resources Agency, to non - igricultuml 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 OUALITY: 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)? 1) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? ❑ No Substantial Nov More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ 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 § 15064.57 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Substantial New More Change From Signifeant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 slinking? iii) Seismic- related ground failure, Including liquefaction? iv) Landslides? b) Result insubstantial 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 ;ewers are not available for the disposal of waste water? VILHAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? P.) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a rublic airport or public use airport, would the project result in u 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 Signlftcant Severe Previous Impact Impacts AnalySis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 OUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would 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 a) Physically divide an established community? ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Substantial New Afore Change Front Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i 3) Conflict with any applicable land use plan, policy, or -egulation 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 ofa 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 :xcess of standards established in the local general plan or toise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne 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? XII.POPULATION AND HOUSING — Would the project: t) Induce substantial population growth in an area, either lirectly (for example, by proposing new homes and ousinesses) 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 ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ■ ■ 04� XIIL PUBLIC SERVICES a) Would the project result insubstantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION— a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV.TRANSPORTATION/TRAFFIC— Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g,, farm equipment)? c) Result in inadequate emergency access? f) 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 ❑ N construction of replacement housing elsewhere? ❑ ❑ N XIIL PUBLIC SERVICES a) Would the project result insubstantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION— a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV.TRANSPORTATION/TRAFFIC— Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g,, farm equipment)? c) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ ❑ N 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 arc 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 :)'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 Afore Change From Significant Severe Previous Innpact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 171 EXHIBIT B OF ATTACHMENT D TO RESOLUTION NO. 4239 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: EFFREY C. PARKER City Clerk Published: TO FIFSOLUTIOA NO, 4'-0 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) PC /CC 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 Ilighting; 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, Park Avenue, Jamboree Road and Warner Avenue Off -ramp shall have enhanced elevation in terms of color and material, architectural articulation Exhibit C Resolution No. 4239 Page 4 in form of window trim, fascia molding, 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. Exhlbit C Resolution No. 4239 Page 5 ■ Turf is unacceptable for grades planting materials shall be used. is not acceptable. over 25 percent. A combination of On large areas, ground cover alone • 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. 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. 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: 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. 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 1st 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. (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. 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. 0QE3:01 (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 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 (NO1) 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. i (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 all 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. 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. (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 FEIS /EIR, 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. I. 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.