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HomeMy WebLinkAbout02 VESTING TM 16474 03-17-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 2 MEETING DATE: MARCH 17, 2003 TO: FROM' SUBJECT: WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 16474 SUMMARY On March 10, 2003, the Planning Commission approved Concept Plan 02-001, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 and recommended approval of Vesting Tentative Tract Map 16474 for development of 376 residential units in Planning Area 20 of the MCAS-Tustin Specific Plan. Applicant: Owner: John Laing Homes City of Tustin The Irvine Company RECOMMENDATION' That the City Council: , Adopt Resolution No. 03-42 finding that Vesting Tentative Tract Map 16474 is within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan; and, , Adopt Resolution No. 03-43 approving Vesting Tentative Tract Map 16474 to subdivide 31.6 acres into twenty-four (24) numbered lots and thirty (30)lettered lots for the purpose of developing 376 residential units in Planning Area 20 of the MCAS-Tustin Specific Plan. FISCAL IMPACT: The Tentative Parcel Map is an applicant-initiated project. applicable fees for the processing of this map. The applicants have paid City Council Report Vesting Tentative Tract Map 16474 Page 2 of 4 BACKGROUND/DISCUSSION: Vesting Tentative Tract Map 16474 is a request to subdivide 31.6 acres (25.3 acres owned by the City and 6.3 acres owned by The Irvine Company) to develop 376 residential units in Planning Area 20, including 198 multiple family units and 178 patio homes (Attachment B). The units would be under condominium ownership and a single homeowners association would be established. The site is bounded by the OCTNSCRRA railroad right-of-way on the north, Harvard Avenue and City of Irvine medium density residential areas on the east, the Peters Canyon Flood Control Channel and Jamboree Road on the west, and Edinger Avenue and existing former military housing on the south. A portion of the project site (25.3 acres known as "Parcel 33") is part of the approximately 1,153 acres conveyed to the City for redevelopment of the former Marine Corps Air Station (MCAS) and is located within Neighborhood G and Planning Area 20 of the MCAS Tustin Specific Plan (Attachment A - Location Map/Neighborhood Map). The remaining 6.3 acres are owned by The Irvine Company. On March 3, 2003, the City Council authorized the execution of Disposition and Development Agreement (DDA) 03-001 between the City and WL Homes (John Laing Homes) for the sale and development of Parcel 33 (the City's portion of the property). The developer is working directly with The Irvine Company to purchase the remaining portion of the project site. In accordance with the MCAS Tustin Specific Plan, adopted on February 3, 2003, by the City Council, the project requires the following entitlements: · Approval of Concept Plan 02-001 by the Planning Commission for the design of the site; · Approval of Vesting Tentative Tract Map 16474 by the City Council for the subdivision of the site; · Approval of Design Review 02-037 by the Planning Commission for architecture and site design; · Approval of Conditional Use Permit 02-029 by the Planning Commission for development of patio homes; and, · Approval of Variance 02-004 by the Planning Commission for a maximum eight (8) foot reduction in the forty (40) foot building setback from the Edinger Avenue right-of-way for three (3) residential buildings. City Council Report Vesting Tentative Tract Map 16474 Page 3 of 4 On March 10, 2003, the Planning Commission held a public hearing on the project and adopted Resolution Nos. 3862 and 3864 approving Concept Plan 02-001, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 and adopted Resolution No. 3863 recommending approval of Vesting Tentative Tract Map 16474 to the City Council (Attachment C). Vesting Tentative Tract Map 16474 As previously noted, the 31.6-acre project site would be subdivided into twenty-four (24) numbered lots and thirty (30) lettered lots for the purpose of developing a private residential condominium project with 376 residential units (Attachment B- Vesting Tentative Tract Map 16474). The map includes the following lots: Lots 1 through 24 (except 17) will accommodate the residential buildings, common open space, private open space, and sidewalks. Lot 17 will accommodate the park site, including the green field, swim center, and recreational building. · Lots A through V will accommodate private streets, drives, and courtyards. Lots X, Y, Z, AA, and CC will accommodate perimeter and common area landscaping. Lot BB will accommodate landscaping, several utility easements, and a ten (10) foot wide Class 1 regional bikeway trail (Route 60). The trail would be designed and constructed by the developer in consultation with the County of Orange Public Resources and Facilities Department and maintained by the future Homeowners Association. Lot DD will accommodate the future improvement of the Peters Canyon Channel and extension of the Class 1 regional bikeway trails (Route 40 and 60). As a result of the proposed development, the developer will be required to dedicate in fee area adjacent to Edinger Avenue and Harvard Avenue for roadway, public access, and utility purposes. Fee dedications of necessary street right-of-way are consistent with the Circulation Element Implementation Program as authorized by the City Council and the MCAS-Tustin Specific Plan. In addition, the Tustin Subdivision Code, as permitted by the Subdivision Map Act, mandates consistency with the Circulation Element. City Council Report Vesting Tentative Tract Map 16474 Page 4 of 4 ENVIRONMENTAL: On January 17, 2001, the City Council certified the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR). While the potential for development of 588 residential units in Planning Area 20 was considered, the proposed project includes 376 units or 212 units fewer than was considered in FEIS/EIR. Staff has prepared a checklist that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified. In addition, a mitigation monitoring program matrix was prepared by the Community Development Department that identifies the specific mitigation measures or implementation measures identified in the FEIS/EIR that are applicable to the project; all applicable mitigation measures in the FEIS/EIR are included as conditions of approval in Resolution No. 03-43 (Attachment D). A decision to approve the proposed tentative parcel map may be supported by the findings contained in Resolution Nos. 03-42 and 03-43. Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A- Location Map/Neighborhood Map B - Vesting Tentative Tract Map 16474 C - Planning Commission Staff Report dated March 10, 2003, and Resolution Nos. 3861, 3862, 3863 and 3864 D - Resolution Nos. 03-42 and 03-43 S:\Cdd\CCREPOR'ISJLH-MCAS TUSTIN.doc CITY COUNCIL ATTACHMENT A Location Map/Neighborhood Map LOCATION MAP PROJECT SITE: MCAS TUSTIN SPECIFIC PLAN NEIGHBORHOOD G PLANNING AREA 20 PROJECT NUMBER: TTM 16474 DR 02-037 CUP 02-029 VAR 02-004 t'rF.. ~t Chapter 3 · Land Use and Development/Reuse Regulations Neighborhoods SCRRA/OCTA RAILROAD EDINGER AVE SANTA ANA/SANTA FE CHANNEL (FIO) S ROAD z TUSTIN COMMUTER _ J LLJ RAIL STATION SITE VALENCIA AVE T/EH HS CC MOFFETT AVE WARNER AVE MARBLE MOUNTAIN LDR PKWY iMILITARY LEGEND I I I - NEIGHBORHOOD A - LEARNING VILLAGE - NEIGHBORHOOD B - VILLAGE HOUSING - NEIGHBORHOOD C - REGIONAL PARK - NEIGHBORHOOD D - COMMUNITY CARE - NEIGHBORHOOD E - EMPLOYMENT CENTER - NEIGHBORHOOD F - REGIONALLY-ORIENTED COMMERCIAL DISTRICT - NEIGHBORHOOD G - RESIDENTIAL CARE = NEIGHBORHOOD H - IRVINE RESIDENTIAL - MCAS TUSTIN BOUNDARY - IRVlNE/TUSTIN/SANTA ANA BOUNDARY - SPECIFIC PLAN BOUNDARY THE PLANNING ....,,,.. CENTER THIS IS A GRAPHIC REPRESENr, ATION OF A PLANNING/ENGINEERING CONCEPT, FINAL DESIGN SOLUI]ONS (LOCATION AND SIZING) WILL BE PROPOSED AND REVIEWED AS PART OF SUBSEQUENT APPROVALS NEEDED BY THE RESPECTIVE AGENCY WITH JURISDICTION. I--IILIi/~I MCAS Tustin Specific Plan~Reuse Plan City of Tustin Figure 3-2 CITY COUNCIL ATTACHMENT B Vesting Tentative Tract Map 16474 CITY COUNCIL ATTACHMENT C Planning Commission Staff Report dated March 10, 2003, and Resolution Nos. 3861, 3862, 3863, and 3864 Report to the Planning Commission DATE: MARCH 10, 2003 SUBJECT: CONCEPT PLAN 02-001, VESTING TENTATIVE TRACT MAP 16474, DESIGN REVIEW 02-037, CONDITIONAL USE PERMIT 02-029, AND VARIANCE 02-004 APPLICANT: JOHN LAING HOMES 895 DOVE STREET, SUITE 200 NEWPORT BEACH, CA 92660 OWNER: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CA 92660 LOCATION: NORTHWEST CORNER OF HARVARD AVENUE AND EDINGER AVENUE, PLANNING AREA 20, AND NEIGHBORHOOD G OF MCAS TUSTIN SPECIFIC PLAN ZONING: MEDIUM HIGH DENSITY RESIDENTIAL (MCAS TUSTIN SPECIFIC PLAN) ENVIRONMENTAL STATUS: THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (EIS/EIR) CERTIFIED ON JANUARY 16, 2001, IN CONJUNCTION WITH THE MCAS ADDRESSES ASSOCIATED ADDITIONAL PREPARED. TUSTIN SPECIFIC PLAN, ADEQUATELY ENVIRONMENTAL CONSIDERATIONS WITH THE PROPOSED PROJECT. NO ENVIRONMENTAL DOCUMENTATION WILL BE PROJECT: 1) CONCEPT PLAN 02-001 FOR DEVELOPMENT OF 376 RESIDENTIAL UNITS IN PLANNING AREA 20; 2) VESTING TENTATIVE TRACT MAP 16474 SUBDIVIDING 31.64 ACRES FOR DEVELOPMENT OF TWENTY-FOUR (24) NUMBERED LOTS AND THIRTY (30) LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 376 RESIDENTIAL UNITS; 3) DESIGN REVIEW 02-037 FOR SITE AND ARCHITECTURAL DESIGN FOR THE DEVELOPMENT OF 376 RESIDENTIAL UNITS, INCLUDING 198 MULTIPLE FAMILY RESIDENTIAL UNITS AND 178 PATIO HOMES, AND VARIANCE 02-004 FOR A Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 2 REDUCTION IN THE BUILDING SETBACK FOR THREE UNITS ADJACENT TO AN UNEVEN PORTION OF RIGHT-OF-WAY ALONG EDINGER AVENUE; AND, 4) CONDITIONAL USE PERMIT 02-029 FOR DEVELOPMENT OF PATIO HOMES. RECOMMENDATION That the Planning Commission: . Adopt Resolution No. 3861 recommending that the City Council find that Tentative Tract Map 16474 is within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan and finding that Concept Plan 02-001, Design Review 02-037, Conditional Use Permit 02-029 and Variance 02-004 are within the scope of the adopted Final EIS/EIR for MCAS Tustin Specific Plan; 2. Adopt Resolution No. 3862 approving Concept Plan 02-001; . Adopt Resolution No. 3863 recommending that the City Council approve Vesting Tentative Tract Map 16474 for the subdivision of twenty-four (24) numbered lots and thirty (30) lettered lots for the development of 376 residential units; and, . Adopt Resolution No. 3864 approving Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 for the site and architectural design for the development of 376 residential units including 198 multiple family units and 178 patio homes, and Variance 02-004 for a reduction to the forty (40) foot setback from Edinger Avenue due to the uneven configuration of the right-of-way at the bus turnout. BACKGROUND The majority of the project site is part of the approximately 1,153 acres conveyed to the City for redevelopment of the former Marine Corps Air Station (MCAS) and is located within Neighborhood G and Planning Area 20 of the MCAS Tustin Specific Plan (Attachment A - Location Map). The site is bounded by the OCTNSCRRA railroad right-of-way on the north, Harvard Avenue and City of Irvine medium density residential areas on the east, the Peters Canyon Flood Control Channel and Jamboree Road on the west, and Edinger Avenue and existing former military housing on the south. The project site includes 31.6 acres; 25.3 acres are owned by the City, and 6.3 acres are owned by The Irvine Company. On March 3, 2003, the City Council authorized the execution of a Disposition and Development Agreement (DDA) between the City and WL Homes (John Laing Homes) for the sale and development of Parcel 33 (the City's portion of the property). The developer is working directly with The Irvine Company to purchase the remaining portion of the project site. Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 3 DISCUSSION The applicant is requesting approval to construct 376 residential units in Planning Area 20, including 198 multiple family units and 178 patio homes. Planning Area 20 is located within Neighborhood G, which is intended to be the residential enclave within Tustin Legacy and provide a desirable transition from the commercial areas of Tustin Legacy to existing Tustin and Irvine residential areas (Attachment B - Neighborhood Map). Planning Area 20 is intended for Medium-High Density Residential development to provide quality multiple family housing opportunities and provide sufficient site design flexibility within the site to buffer residential units from the noise and vibration of the adjacent railroad right-of-way. In accordance with the MCAS Tustin Specific Plan, adopted on February 3, 2003, by the City Council, the project requires the following entitlements: Approval of Concept Plan 02-001 by the Planning Commission for the design of the site; Approval of Vesting Tentative Tract Map 16474 by the City Council for the subdivision of four existing parcels, a 25.3 parcel owned by the City of Tustin, and a 6.34 acre parcel owned by the Irvine Company for a total of 31.64 acres to be subdivided into twenty-four (24) numbered lots and thirty (30) lettered lots; Approval of Design Review 02-037 by the Planning Commission for architecture and site design; Approval of Conditional Use Permit 02-029 by the Planning Commission for development of patio homes; and, Approval of Variance 02-004 by the Planning Commission for an eight (8) foot reduction in the forty (40) foot building setback from the Edinger Avenue right-of- way for three (2) residential buildings. Concept Plan Concept plan approval is required for each Planning Area, except Planning Area 2 (Community Park) prior to or in conjunction with a new development proposal. The purpose of the concept plan is to ensure that: Necessary linkages are provided between the development and the Neighborhood/Planning Area in which it is located; The integrity and intent of Specific Plan is maintained in each Neighborhood/Planning Area; and, Other requirements that are not included in the Specific Plan are addressed. As shown on Concept Plan 02-001 (Attachment C) and described in more detail in the following discussion, the proposed project provides for continuity of vehicular, pedestrian, and infrastructure facilities and linkages, including drainage facilities, incorporates quality architectural and landscape design, and urban design features Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 4 such as entry and edge treatments, streetscape and landscape concepts, site and architectural design, provides for phasing of development, and incorporates the requirements of the Specific Plan and other requirements, such as the Uniform Building Code and Construction Standards for Private Improvements. Vesting Tentative Tract Map 16474 To support the proposed development described in more detail in the following sections, the project site would be subdivided into twenty-four (24) numbered lots and thirty (30) lettered lots for the purpose of developing a private condominium project with 376 residential units (Attachment D - Development Plans). The tract would include the following lots: Lots 1 through 24 (except 17) will accommodate the residential buildings, common open space, private open space, and sidewalks. Lot 17 will accommodate the park site, including the green field, swim center, and recreational building. · Lots A through V will accommodate private streets, drives, and courtyards. Lots X, Y, Z, AA, and CC will accommodate perimeter and common area landscaping. Lot BB will accommodate landscaping, several utility easements, and a ten (10) foot wide Class 1 regional bikeway trail (Route 60). The trail would be designed and constructed by the developer in consultation with the County of Orange Public Resources and Facilities Department and maintained by the future Homeowners Association. Lot DD will accommodate the future improvement of the Peters Canyon Channel and extension of the Class 1 regional bikeway trails (Route 40 and 60). As a result of the proposed development, the developer will be required to dedicate in fee area adjacent to Edinger Avenue and Harvard Avenue for roadway, public access, and utility purposes. Resolution No. 3863 includes conditions to ensure compliance with the MCAS Tustin Specific Plan, the FEIR/EIS Mitigation Monitoring Program, the Subdivision Map Act, and the City's Subdivision Ordinance. Design Review 02-037 and Conditional Use Permit 02-029 The development of multiple family residential units is permitted and patio homes are conditionally permitted; both types of units and their site design are subject to design review. A total of 198 multiple family units including 58 "Row Town Homes" with five (5) units per building and 140 "Clustered" with ten (10) units per building and 178 patio homes including 52 "Paired Homes" and 126 "Detached Cluster Homes" are proposed, Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 5 which is below the maximum number of 588 units allowed by the MCAS Tustin Specific Plan. The average density for this project is 18.25 units per gross acre, which is below the maximum allowable density of 25 units per gross acre specified in the MCAS Tustin Specific Plan. Development Standards and Variance The site plan is included in Attachment D and a statistical summary identifying compliance with applicable development standards is included as Attachment E. All development standards identified in the MCAS Tustin Specific Plan applicable to the project have been met, with the exception of the building setback for two units along Edinger Avenue as discussed below. In addition, Section 3.9.3.J.4 of the MCAS Tustin Specific Plan requires the provision of affordable housing units within Planning Area 20. A total of 78 affordable units (multiple family units), including 22 very Iow income units, 12 Iow income units, and 44 moderate income units are proposed to be provided and dispersed within the site along the northerly and southerly boundaries. Per the DDA, each unit will have an Affordable Housing Covenant to ensure the unit remains affordable for a period of 45 years. If the original or subsequent purchaser sells the unit before 45 years have elapsed, the unit must be sold to a household that meets the applicable income level. The MCAS Tustin Specific Plan requires that a minimum forty (40) foot building setback be provided along Edinger Avenue. In accordance with the right-of-way requirements, a bus turn out is required that provides for an indentation along the Edinger Avenue future right-of-way. Two of the detached patio home units, and one (1) multiple family unit are less than forty (40) feet from the future right-of-way, and the applicant has requested a variance from the setback requirement. Since this reduction only occurs at the bus turn out and affects two detached units and a row town unit, findings for a variance based on the irregular shape of the property exist. Condition No. 5.1 of Resolution No. 3863 (Attachment F) requires the developer to provide homeowner notification regarding the setback requirement and that the setback must be maintained for any future building additions. Access, Circulation, and Parking The site is designed with a main entrance from Edinger Avenue and a secondary entrance from Harvard Avenue (Attachment D - Site Plan). Access to buildings and garages would be provided from these two main private streets or from adjoining private drives and courtyards in a modified "grid" pattern with a number of cul-de-sacs, consistent with the urban design guidelines. There would be a strong pedestrian orientation in that there are interior sidewalks on both sides of all the private streets and through the common areas. A link to the regional trail along the northern tract boundary would be provided and the potential for two future linkages to the future trail planned along Peters Canyon Channel would be provided through the submittal of a bond required by Condition No. 2.4 of Resolution No. 3863. Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 6 All units are designed with an attached two-car garage; 752 enclosed garage spaces would be provided. Based on the number of proposed units, 151 guest parking spaces would be required, as follows: Unit Type Multiple Family Up to 3 bedroom 174 units Four bedrooms 24 units Total (198 units) Required Covered Space 2 Garage/Carport 348 garage spaces 2.5 (2 Garage/Carport) 48 garage spaces 396 garage spaces Required Guest Parking 0.25 per unit 43.5 spaces 0.25 per unit 18 spaces 62 spaces Patio Homes Total (178 units) 2 Garage 356 garage spaces 0.5 per unit 89 spaces Total (Project) 752 garage spaces 151 spaces Consistent with the MCAS Tustin Specific Plan, guest parking spaces would be provided on both sides of the private streets that are a minimum thirty-six (36) feet wide; a total of 185 parallel guest parking spaces would be provided. In addition, twenty-eight (28) stall guest parking spaces would be provided at the end of some of the private streets. A number of patio homes would also have 132 assigned driveway parking spaces in front of their garage doors (Attachment C - Parking and Circulation Exhibit). Condition No. 4.1.J of Resolution No. 3863 would require the developer to prepare CC&R provisions that assign driveway spaces, ensure that garages are used for storing vehicles, and require the future homeowners association to adopt and enforce provisions related to on-site parking and traffic. Individual trash collection service would be provided. To ensure bins would not obstruct circulation, the developer has prepared a "Curbside Trash Pickup Exhibit" showing allowable bin locations on collection days. Condition 4.1K of Resolution No. 3863 would require the homeowners association to enforce bin placement and Condition 5.1j of Resolution No. 3863 would require homebuyer notification. Open Space A 1.33-acre recreational area, including a swim center and clubhouse and public multi- purpose field area, would be located in the lower southwest corner of the site at the terminus of the main entry streets. Since the MC^S Tustin Specific Plan process included public conveyance of approximately 35 acres of City parks and 85 acres of Urban Regional Park, individual developers were relieved of the requirement to dedicate land for park purposes. However, developers are required to pay a parkland dedication in-lieu fee subject to the provisions of the City's parkland dedication ordinance, which permits a credit for public recreational open space if affordable housing is being provided. The developer has elected to provide a one (1) acre public park site within the development and provide public easements to the site. Details for parkland dedication and in-lieu fees were included in the DDA approved by the City Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 7 Council. Condition No. 3.1a of Resolution No. 3863 would provide for recordation of public access easements to the park area that will be accessible to the public and Condition No. 5.1 of Resolution No. 3863 would require homebuyer notification regarding the public use of the park. Architecture The four (4) housing types would be dispersed throughout the site, with multiple family (row town-houses) provided primarily along the main entries, detached patio homes along Harvard Avenue and in the interior of the site, paired homes in the interior of the site, and multiple family (clustered) units along the northerly and southerly property boundaries. The proposed design of the various building types will provide for diverse architecture with details and materials reminiscent of Craftsman, Country French, and Spanish Colonial architectural styles (Attachment D - Elevations and Floor Plans). The sizes of the four product types are summarized on Attachment E. The buildings will be oriented in are deigned with articulation and variety in roof designs, wall breaks, material and colors to deter from a monotonous appearance, consistent with the urban design guidelines for residential developments. However, the buildings along Edinger Avenue and Harvard Avenue may require additional articulation to ensure visual interest and an enhanced streetscape. The applicant has submitted enhanced elevations for the units that would be located along Edinger Avenue and Harvard Avenue. In addition, Condition No. 8.1 of Resolution No. 3864 requires that these elevations be designed with adequate articulation subject to review and approval of the Community Development Director. The recreational area with a swim center and clubhouse and public multi-purpose field area would be located in the lower southwest corner of the site at the terminus of the main entry streets; both entrance drives would provide views of this central open space area, consistent with the urban design guidelines for higher density projects. The design of the recreational facility would be determined at plan check and subject to review and approval by the Community Development Director. Condition No. 8.2 of Resolution No. 3864 would require the design to be reflective of the architectural styles in the tract. Landscaping Along Edinger Avenue and Harvard Avenue within a minimum thirty (30) foot landscape setback, the applicant is proposing Canary Island Pine trees and London Plane trees to create the upright tree and broad dome tree mixture that is required for the perimeter roadway streetscapes by Section 2.17 of the MCAS Tustin Specific Plan (Attachment D - Landscape Concepts). Specific shrubs and groundcovers would be identified at plan check. The two entries to the site will feature a variety of trees including Camphor trees, Olive trees, and California Pepper trees and enhanced paving. The project entries would also include two decorative monuments with the project name, "Tustin Field." The monument Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 8 would have a stacked stone finish and be capped with a hipped roof and exposed rafter tails (Attachment D - Preliminary Concepts). Perimeter project walls would be installed parallel to Edinger Avenue and Harvard Avenue (Attachment D - Wall Diagram). Interior walls and fencing would be installed to define private open space areas and the recreational facilities. All perimeter and interior landscape and hardscape within common areas would be installed by the developer and maintained by the homeowners association. Condition 9.1 of Resolution 3864 requires a combination of berms, masonry walls for landscaping at the perimeter of the site,~and minimum size and installation requirements for landscaping. Since the project site is a significant entry to Tustin Legacy, Condition 9.7 requires that the main entries to the project at Edinger and Harvard Avenues be designed to meet the requirements of Section 2.17 of the MCAS Tustin Specific Plan and subject to final approval of the Community Development Department and DDA 03- 01. Sound Walls Section 3.9.3.K of Tustin MCAS Specific Plan and adopted mitigation measures of the FEIS/EIR require that sound attenuation measures be provided along Edinger Avenue, Eastern Transportation Corridor/Jamboree Road, and the railroad right-of-way. A sound wall is provided on all four perimeters of the site (Attachment D - Tentative Tract Map 16474 and Site Plan). Along Edinger Avenue and Harvard Avenue the sound wall is proposed to be five and half (5.5) feet in height from the top of the landscape sloped setback. The landscape setbacks include a level portion of the meandering sidewalk and a 2:1 slope for the landscape areas. The proposed sound wall along the Peters Canyon Channel is proposed over an approximately four (4) foot retaining wall. The sound walls are required to provide an exterior noise standard of 65 dB CNEL in outdoor living areas, and the building designs are required to provide an interior standard of 45 dB CNEL in all habitable rooms as required by Tustin City Code Sections 4614 and 4615 related to noise standards for residential uses. Condition 13.1 is included to ensure that these requirements are reflected in the design of the project. Model Home Sales Complex and Phasing Plan Four (4) model complexes for the four (4) products are proposed at the southwest portion of the site (Attachment D - Phasing Plan). Three of the production residential types are proposed to be built in eight (8) phases with the primary phases on the north portion of the site and progressing to the south; the fourth type is proposed to be built in six (6) phases. Condition No. 7.3 of Resolution No. 3864 is included to require the applicant to close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Planning Commission Report Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 March 10, 2003 Page 9 ENVIRONMENTAL DOCUMENTATION On January 17, 2001, the City Council certified the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR). While the potential for development of 588 residential units in Planning Area 20 was considered, the proposed project includes 376 units or 212 units fewer than was considered in FEIS/EIR. Staff has prepared a checklist that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified. In addition, a mitigation monitoring program matrix was prepared by the Community Development Department that identifies the specific mitigation measures or implementation measures identified in the FEIS/EIR that are applicable to the project; all applicable mitigation measures in the FEIS/EIR are included as conditions of approval in Resolution Nos. 3863 and 3864. A decision to approve the proposed project may be supported by the findings contained in Resolution Nos. 3861, 3862, 3863, and 3864. Associate Planner I~aren Peterson Senior Planner Attachments: A- Location Map B - Neighborhood Map C - Concept Plan D - Development Plans and Vesting Tentative Tract Map 16474 E - Statistical Summary F - Resolution Nos. 3861, 3862, 3863, & 3864 ATTACHMENT A Location Map LOCATION 'MAP PROJECT SITE: MCAS TUSTIN SPECIFIC PLAN NEIGHBORHOOD G PLANNING AREA 20 PROJECT NUMBER: TTM 16474 DR 02-037 CUP 02-029 VAR 02-004 MAP t?r,o,-t ec,T ATTACHMENT B Neighborhood Map Chapter 3 · Land Use and Development/Reuse Regulations SCRRA/OCTA RAILROAD EDINGER AVE SANTA ANA/SANTA FE CHANNEL (FIO) ROAD Z Neighborhoods I--- TUSTIN COMMUTER ] b..I RAIL STATION SITE"~ L ROAD VALENCIA AVE T/EH HS CC MOFFETT AVE WARNER AVE MARBLE MOUNTAIN LDR I~ARRANCA LEGEND NEIGHBORHOOD N~GHBORHOOD NEIGHBORHOOD NEIGHBORHOOD N~GHBORHOOD NEIGHBORHOOD NDGHBORHOOD A - LEARNING VILLAGE B - VILLAGE HOUSING C - REGIONAL PARK D - COMMUNITY CARE E - EMPLOYMENT CENTER F - REGIONALLY-ORIENTED COMMERCIAL DISTRICT G - RESIDENTIAL CARE N[]GHBORHOOD H - IRV~E RESIDENTIAL MCAS TUSTa BOUNDARY RVlNE/TUST~/SANTAANA BOUNDARY SPECIFIC PLAN BOUNDARY THIS IS A GRAPHIC REPRESENTATION OF A PLANNING/ENGINEERING CONCEPT. FINAL DESIGN SOLUTIONS (LOCATION AND SIZING) W1LL BE PROPOSED AND REVIEWED AS PART OF SUBSEQUENT APPROVALS NEEDED BY THE RESPECTIVE AGENCY WITH JURISDICTION, __=.THE PLANNING CENTER MCAS Tustm Specific Plan~Reuse Plan City of Tustin Figure 3-2 ATTACHMENT C Concept Plans dlqVl:~'NO '~'N aVOid :l~lldOI]~vr ~ .LOq ,~ Z J.O'l ./ / 10'1 l;~j~ll~', enueAv pJe~JeH ............ · , 0 0 0 qeeM UOXue0 ATTACHMENT D Development Plans I I n J. Ol dlalYH-NO 'rrN OYOl:l 33HOSalalyf, / / di~V~J'NO 'g'N 'O~ :-q_q~OigP/Vp 0 o I ,,, l'- o I11 0 T, ~ ,..Iu ©I-- ~0 ~c~ L z z ~ z X Z © 01.- .0',~£ 1: '.I.H ONl(]'llna 3(VI4 :, '., t ,9762 . 97/-~ =< ~rI M .O-,9Z ':1: 'J-H rJNla'llng ,.uo Z 0 "'oZ ~0 ~:C~l 0 z =~ 0 0~- 0 ~:0 OC~ O~ © .UI ATTACHMENT E Statistical Summary Statistical Summary 'vesting Tentative Tract 16474 Site Development Standards for Multiple Family Home Product Standard Density Site Size Building Height *except within 300 feet of Harvard &venue to be 35 feet maximum in, height or 2-stories Lot Coverage Common Area Open Space Edinger Avenue Building Setback Harvard Avenue Required 25 du/acre 10 acres 45 feet or 3 stories 65 percent 400 square feet minimum 40 feet 40 feet 5 feet ~sed ROw Town (5-plex) 25du/acre Multiple Family (10-plex) 22.2 du/acre 20.60 net total 35 feet :ent feet 40 feet except at the bus turnout 40 feet 5 feet Varies, minimum as required Building Setback Private Street or Drive Interior Side yard Rear yard Setback Building to Building 3 feet minimum aggregate 10 feet 10 feet 15 feet 10 feet minimum 15 feet minimum Site Development Standards f_or Patio Home Product Standard Density Site Size Building Height Lot Coverage Common Area Open Space Edinger Avenue Building Setback Harvard Avenue Building Setback Private Street Private Drives/Court Building to Building Tract Boundary uired 15 du/acre None 35 feet 100 percent less setbacks 400 square feet 50 square feet private open ,ace 40 feet 40 feet 10 feet for building 5 feet for garage per Section 3.9.3.H.9 7 feet for building 3 feet for garage per Section 3.9.3.H.9 10 feet or as noted in Section 3.9.3 .H 10 feet or 5 feet if adjacent to :rmanent open space Iosed Paired Homes 14.6 du/acre Detached Homes du/acre 20.60 net total 35 feet as required 450 square feet 40 feet except at the bus turnout 40 feet Varies, minimum as required Varies, minimum as required Varies, minimum as required 10 feet ATTACHMENT F Resolution Nos. 3861, 3862, 3863, & 3864 Planning Commission Resolution 3861 RESOLUTION NO. 3861 A RESOLUTION OF THE CITY OF TUSTIN PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT FINDINGS THAT THE MCAS PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN PROGRAM EIS/EIR) IS ADEQUATE TO SERVE AS THE PROJECT EISIEIR FOR VESTING TENTATIVE TRACT MAP 16474, AND FINDING THAT THE MCAS PROGRAM EIS/EIR (MCAS TUSTIN PROGRAM ElSlEIR) IS ADEQUATE TO SERVE AS THE PROJECT ElS/EIR FOR THE CONCEPT PLAN 02-001, DESIGN CONDITIONAL USE PERMIT 02-029, AND APPLICABLE MITIGATION MEASURES INCORPORATED AS REQUIRED BY ENVIRONMENTAL QUALITY ACT. REVIEW 02-037, VARIANCE 02-004; HAVE BEEN THE CALIFORNIA The Planning Commission of the City of Tustin does hereby resolve as follows: A. That Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 03-002, and Variance 02-004 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and, Bo That the MCAS Tustin Final Program EIS/EIR previously certified on January 16, 2001 was considered through an Initial Study checklist for this Project. The Planning Commission recommends that the City Council find Tentative Tract Map 16474 is within the scope of the previously approved MCAS Tustin FEIS/EIR and hereby finds Design Review 02-037, Conditional Use Permit 02-029, Concept Plan 02-001, and Variance 02- 004 are within the scope of the previously approved MCAS Tustin Specific Plan based on an Initial Study checklist evaluation attached as Exhibit A, as well as the MCAS Tustin Specific Plan previously approved by the City Council on February 3, 2003 with adoption of Ordinance No. 1257; the effects of the project relating to all environmental impact issues were examined in the MCAS FEIS/EIR. The applicable mitigation measures developed in the MCAS Tustin FEIS/EIR are incorporated into DDA 03-01 or will be conditions of entitlement approvals (Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 03-002 and Variance 02-004); and, C. The Planning Commission recommends that the City Council find for Tentative Tract Map 16474 and hereby finds for Concept Plan 02-001, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02- 004 that the environmental effects of the project are within the scope of Resolution NO. 3861 Page 2 the MCAS Tustin FEIS/EIR and were fully examined in the MCAS Tustin FEIS/EIR; no substantial changes are proposed in the Project or have occurred with respect to circumstances under which the Project is being undertaken since certification of the MCAS Tustin FEIS/EIR; no new information has become available since the certification of the MCAS Tustin FEIS/EIR, and pursuant to Public Resources Code Section 2116, and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code of Regulations Sections 15162 and 15168(c) no additional environmental analysis, action or document is required by the CEQA. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of March, 2003. rigs Chai~:person 'E'LI~/~BET~ ~. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3861 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, 2003. Ei~ZABE~H-A. BI~S~CI~ -- ' Planning Commission Secretary EXHIBIT A OF RESOLUTION NO. 3861 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial ICay, 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 This checklist and the following evaluation of environmental impacts (Attachment 1 of Exhibit A of Resolution No. 3861) takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Development of 376 residential units in Planning Area 20 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: (714) 573-3126 Project Location: Planning Area 20, MCAS-Tustin Specific Plan, bounded by the OCTA/SCRRA railroad right-of-way on the north, the City of Irvine medium density residential district and Harvard Avenue on the east, Jamboree Road on the west, and existing former military housing on the south. Project Sponsor's Name and Address: John Laing Homes 895 Dove Street Newport Beach, CA 92660 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: MHDR, Planning Area 20 Project Description: Approval of a Disposition and Development Agreement (DDA) between the City of Tustin and John Laing Homes for conveyance of 25.3 acres and Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 for the purpose of developing 376 multiple family and patio home residential units within the site. Surrounding Uses: North: OCTA/SCRRA Railroad R-O-W and City of Irvine, Residential East: City of Irvine, Medium Density Residential South: Existing Former Military Family Housing West: Jamboree Road Be Previous Environmental Documentation: Program Final Environmental Impact Statement/Environmental Impact Report (Program FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin (State Clearinghouse #94071005) certified by the Tustin City Council on January 16, 2001. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [--]Land Use and Planning [-]Population and Housing [~]Geology and Soils [--]Hydrology and Water Quality [-]Air Quality ~-]Transportation & Circulation [~]Biological Resources [--]Mineral Resources I-]Agricultural Resources [-'-]Hazards and Hazardous Materials [-~Noise [-]Public Services [-]Utilities and Service Systems [~Aesthetics [-~Cultural Resources [-]Recreation [-]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [-] 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. P reparer~r-'zz~IL.~-~~' Minoo Ashabi, Assr5 ~c~ate Planner ~hristine A. Shi~gleton, Assis~ City Manager Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? New Significant Impact More Severe Impacts No Substantial Change From Previous Analysis 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 Califorma Department offish 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 ofFish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.57 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: New Significant Impact More Severe Impacts [-3 No Substantial Change From Previous Analysis i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil thatis unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? New Significant Impact [2] More Severe Impacts No Substantial Change From Previous 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 QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which perm/ts 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: New Significant Impact More Severe Impacts No Substantial Change From Previous Analysis [3 a) Physically divide an established community? ['-] [-'1 [5~ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? New Significant Impact More Severe Impacts No Substantial Change From Previous Analysis c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere7 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? New Significant Impact More Severe Impacts '[3 No Substantial Change From Previous Analysis [3 O 0 © g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? New Significant Impact More Severe Impacts No Substantial Change From Previous Analysis ATTACHMENT 1 OF EXHIBIT A OF RESOLUTION NO. 3861 EVALUATION OF ENVIRONMENTAL IMPACTS TENTATIVE TRACT MAP 16474, CONCEPT PLAN 02-001, DESIGN REVIEW 02-037 PLANNING AREA 20 - MCAS TUSTIN SPECIFIC PLAN BACKGROUND The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations of the Federal Base closure and Realignment Commission. The City was designated as the Local Redevelopment Authority (LRA) for the reuse of MCAS Tustin and, acting as such, approved a Reuse Plan that provided for future land uses at the former MCAS Tustin on October 1996 and subsequently amended on September 1998 ("the Reuse Plan"). The Reuse Plan was subsequently reviewed and approved by the United States Department of Housing and Urban Development (HUD) as consistent with federal law regarding the homeless. In accordance with the provisions of the National Environmental Policy Act ('2qEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal govemment and City prepared a Joint Final Program Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin. On January 16, 2001, the City of Tustin certified the Final Joint Program Environmental Impact Statement/Environmental Impact Report for the disposal and reuse of MCAS-Tustin (referenced as FEIS/EIR herein). The project is the first development project within the MCAS Tustin Specific Plan, part of the approximately 1,153 acres agreed to be conveyed to the City by the Department of the Navy for redevelopment of the former Marine Corps Air Station (MCAS). On March 13, 2002, 977 acres were conveyed to the City and 176 acres were leased to the City. The project site includes a 25.3 acre site Owned by the City and a privately owned adjacent 6.34 acre parcel (31.64 acres) located within Planning Area 20 of the MCAS Tustin Specific Plan, bounded by the OCTA/SCRRA railroad right-of-way on the north, the City of Irvine medium density residential district and Harvard Avenue on the east, Jamboree Road on the west, and existing former military housing on the south. The proposed project is a subdivision request for a condominium map for the purpose of development of 376 units as follows: Multiple Family Condominiums (Row Town homes) Multiple Family Condominiums (Cluster 10 Plex) Patio Homes (paired) Patio Homes (detached) Total 58 Units 140 Units 52 Units 126 Units 376 Units In accordance with the requirements of the MCAS Tustin Specific Plan Section 3.9.3 (J) seventy- eight (78) affordable units of moderate-income, low-income and very-low income are required to be dispersed throughout the site. The affordable units are within the multiple family clusters with thirty-six (36) units on the south side of the project along Edinger Avenue and forty-two (42) units on the north side of the project adjacent to the OCTA/SCRRA railroad right-of-way. Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 2 Access to the site is provided from Edinger Avenue and Harvard Avenue. The main roads are thirty-six (36) feet wide and provide parallel guest parking on both sides. The patio homes and cluster condominiums are accessed by private drives with a minimum width of twenty-four (24) feet. The site contains a 1.33-acre recreational site including a one (acre) private recreational area and facility improvements for which parkland credit will be provided in accordance with the requirements of the Quimby Act and the City's Subdivision requirements. The one (1) net acre of the recreational site is required to be accessible to the public. Access to the private park site will be provided by public access easements from two entry points to the site with recordation of an easement on the Tentative Tract map 16474. A portion of the site (0.33 acres) would also include private amenities available to the residents of the development. As part of the analysis of the MCAS Tustin FEIR/EIS for the MCAS Tustin Specific Plan, Planning Area 20 was identified as a Medium High Density Residential (MHDR) site, with a development potential of 16-25 dwelling units per acre for a maximum of 588 units. The proposed development is for a total of 376 units, which is 36 percent less than the maximum number of units considered for the FEIS/EIR analysis. All related environmental impacts were considered for the FEIS/EIR and mitigation measures have been identified and approved for the specific plan, which are included in the DDA or with conditions of approval for the other entitlement portions of the project as identified in the Mitigation Monitoring Program Matrix (Attachment 2 of Exhibit A of Resolution No. 3861). The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The project is not located on a scenic highway nor will it affect a scenic vista. The project would be consistent with the permitted uses identified within the MCAS Tustin Specific Plan. Development of medium high-density residential units within Planning Area 20 was considered within the FEIS/EIR and will have no negative aesthetic effect on the site when mitigation measures are incorporated with approval of the project. All exterior design is required to be in compliance with Section 2.17.3(A) - Urban Design Guidelines for Residential Development of MCAS Tustin Specific Plan, and the Landscape Concept Section 32.17.2 as they relate to design of Harvard Avenue north of Edinger Avenue, Edinger Avenue from Jamboree Road to Harvard, primary street comers and project entries. Since the site is bounded by three arterials and a railroad right of way, the Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 3 Landscape/Screening standards noted in Section 3.11.12, and noise attenuation requirements of Section 3.11.16 would also be required. The proposal includes a design review, which will ensure that the design of the project is cohesive and in harmony with surrounding uses. All exterior lighting would be designed to reduce glare, create a safe · night environment, and avoid impacts to surrounding properties in compliance with Section 2.17.3 (A) of the MCAS Tustin Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEIS/EIR. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin Reuse Plan and MCAS Tusfin Specific Plan (Pages 2-152 to 2-175, 3-143) Tustin Security Ordinance Tustin General Plan II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? The project would not convert prime farmland, unique farmland or farmland of statewide importance as shown on maps prepared pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency, to non-agricultural use. Also, the property is not zoned for agricultural use or a Williamson Act Contract, nor does the proposed use involve other change in the existing environment that could result in the conversion of farmland to non-agricultural use. The project site is not zoned or used as agricultural land; consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse ofMCAS Tustin (Page 3-83) Reuse Plan and MCAS Tustin Specific Plan Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 4 Tustin General Plan III. AIR QUALITY: Where available, the significanCe criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) b) c) d) e) Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? IV. The proposed 376 residential units are designed at a lower density residential development than originally considered with development of the MCAS Tustin Specific Plan and in the FEIR/EIS. All environmental impacts related to development of the Specific Plan were considered in the adopted FEIS/EIR. The project would not result in a violation of any air quality standard or contribute to an existing or projected air quality violation. Neither would it alter air movement, moisture, or temperature, nor cause any change in climate. The proposed project would not conflict with or obstruct implementation of any air quality plan or result in a cumulatively considerable. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR. Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through153, 4-207 through 4-230 and pages 7-41 through 7-42) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan 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? Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 5 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The FEIS/EIR found that implementation of the Reuse Plan and MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR for MCAS Tustin. The FEIS/EIR determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the proposed project) could impact jurisdictional waters/wetlands and the southwestern pond turtle or have an impact on jurisdictional waters/wetlands. The project site is not located in an area that would affect the southwestern pond turtle or have an impact on jurisdictional waters or wetlands. No substantial change is expected fi.om the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3- 82, 4-103 through 4-108, and 7-26 through 7-27) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CLIP 03-002 Page 6 Ve CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? Vie Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. Although one archaeological site (CA-ORA-381) has been recorded within the Reuse Plan area, it is believed to have been destroyed. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by grading and construction activities. With the inclusion of a mitigation measures that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Require& Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: · Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. · Strong seismic ground shaking? · Seismic-related ground failure, including liquefaction? · Landslides? b) Result in substantial soil erosion or the loss of topsoil? Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 7 c) d) e) 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? 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? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and MCAS Tustin Specific Plan would "include non-seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure." However, the FEIS/EIR for MCAS Tustin has concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. No substantial change is expected for development of the project from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sol~Fces : Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3- 97, 4-115 through 4-123 and 7-28 through 7-29) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 8 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. In addition, construction and residential uses would not emit hazardous emissions within a quarter mile of an existing or proposed school. The Navy has approved a Finding of Suitability to Transfer (FOST) determining that the Quitclaim portions of the project are suitable for reuse as planned within the Reuse Plan for MCAS Tustin and as shown in the MCAS Tustin Specific Plan. In addition, the project site is located within the boundaries of the Airport Environs Land Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie within an flight approach or departure corridor and thus does not pose an aircraft-related safety hazard for future residents or workers. The project site is not located in a wildland fire danger area. Compliance with all federal, state and local regulations concerning handling and use of these hazardous substances will reduce potential impacts to below a level of significance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse ofMCAS Tustin pages (3-106 through 3- 117, 4-130 through 4-138 and 7-30 through 7-31) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37) Finding of Suitability to Transfer (FOST) for Parcel 5, MCAS Tustin Tustin General Plan. VIII. HYDROLOGY AND WATER QUALITY:- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 9 pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed project includes construction of 376 residential units that would increase runoff. Design and construction of facilities to handle drainage of the site would be required as conditions of approval of the project. No long-term impacts to hydrology and water quality are anticipated for the proposed project. The proposed projects will not impact groundwater in the deep regional aquifer or shallow aquifer. The proposed project would not include groundwater removal or alteration of historic drainage pattems at the site. The project is not located within a 100-year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or mudflow. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 10 Mitigation/Monitoring Required: Compliance with existing roles and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3- 105, 4-124 through 4-129 and 7-29 through 7-30) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37) FEMA Map (1999) Tustin General Plan IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservatiOn plan or natural community conservation plan? The City of Tustin is the controlling authority over implementation of the Reuse P1an for the former base, such as land use designations, zoning categories, recreation and open space areas, major arterial roadways, urban design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project meets the density requirements of Table 3-2 of the MCAS Tustin Specific Plan and development standards of Planning Area 20 as they relate to Patio Homes and Condominium units as noted in Sections 3.9.3 of MCAS Tustin Specific Plan. Compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no substantial change is expected fi.om the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Compliance with existing roles and regulations would avoid the creation of potential impacts. Consequently, no mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3 to 4-13 and 7-16 to 7-18) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 11 X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Xle Chapter 3.9 of the FEIS/EIR indicates that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project will not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse ofMCAS Tustin (Page 3-91) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed project could result in implementation activities that generate noise. The FEIS/EIR indicates that full build-out of the base will creme noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CLIP 03-002 Page 12 Elements of the Tustin General Plan. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. However, the City of Tustin will ensure that construction activities are incompliance with the City's Noise Ordinance and the housing units are designed with adequate noise attenuation (i.e., window design, sound walls) to meet the allowable noise levels as required by the Tustin City Code for residential use. The project would be sound attenuated against present and projected noise so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms to reduce noise-related impacts to a level of insignificance. Compliance with adopted mitigation measures and state and local regulations and standards, along with established engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162, 4-231 to 4-243 and 7-42 to 7-43) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan POPULATION & HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project would add 376 residential units on a vacant site, previously considered in the FEIS/EIR for MCAS Tustin for potential development of 588 residential units. The proposed number of residential units is 36 percent lower in density than previously considered. The project will not remove any existing housing or displace any people to necessitate construction of additional housing. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tusfin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse ofMCAS Tustin (Pages 3-18 to 3-34, 4- 14 to 4-29 and 7-18 to 7-19) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 13 Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The site is a vacant parcel within the MCAS Tustin Specific Plan; however, the site was not part of the base or military housing. Development of the site would require public services such as fire and police protection services, schools, libraries, recreation facilities, and biking/hiking trails. Fire Protection. The proposed project will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations in the areas surrounding the site will meet the demands created by the proposed project. Police Protection. The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Development of the site would increase the need for police protection services. The developer as a condition of approval for the project would be required to work with the Tustin Police Department to ensure that adequate security precautions are implemented in the project at plan check. Schools. The proposed project is located within Irvine Unified School District (IUSD). The implementation of the Reuse Plan would provide for a 20-acre school site to IUSD to serve the growing student population within its district. As a condition of approval for the project, the developer would be required to pay applicable school fees prior to issuance of the building permit. Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only result in a library demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library and would not trigger the need for a new facility. General Implementation Requirements: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEIS/EIR implementation measures adopted by the Tustin City Council: Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 14 No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The Reuse Plan provides for a new 85.5-acre Regional Park, a 24-acre Community Park and two Neighborhood Parks of more than five-acres and a significant number of regional and community riding and hiking paths through the property, a privately owned 159-acre golf course, play areas associated with schools, and child care facilities. Since the Reuse Plan process included public conveyance of approximately 35 acres of city parks and 85 acres of Urban Regional Park, individual developers were relieved of the requirement to dedicate land for park purposes. However, pursuant to the MCAS Tustin Specific Plan, the developers are required to provide in-lieu fees or public accessible park space (where approved by the City). This requirement will be included in the conditions of approval for the project. The proposed project would not generate an increase in the use of existing neighborhood parks since a park site would be included in the site. However a negligible increase in the use of regional parks or other recreational facilities may be experienced prior to development of the entire MCAS Tustin Specific Plan. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CLIP 03-002 Page 15 Sources: Field Observation FEIS/EIR for Disposal and Reuse ofMCAS Tustin pages 3-47 to 3-57, 4-56 to 4-80 and 7-21 to 7-22 Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37) Tustin Parks and Recreation Services Department Tustin General Plan XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The project site is accessed from Edinger Avenue and Harvard Avenue. Internal circulation of the site would be managed through private street designed in compliance with the roadway standards of MCAS Tustin Specific Plan Section 2.5.2(B) related to major arterials and private streets standards. The FEIS/EIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overburden existing roadways and intersections surrounding the base property. The FEIS/EIR indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400 ADT when the base was fully operational (1993). As a military facility, the EIS/EIR considered the traffic impact and developed a mitigation program to reduce potential impacts to a level of insignificance. This site will be conditioned to participate in its fair share responsibility for both on-site and off-site circulation mitigation and implementation measures. In addition, construction activities are required to be meet all Transportation related FEIS/EIR Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.). With this mitigation measure, potential impacts to transportation and circulation resources can be reduced to a level of Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 16 insignificance. Consequently, no substantial change is expected from the analysis previously completed in the approved EIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse ofMCAS Tustin (Pages 3-118 through 3- 142, 4-139 through 4-206 and 7-32 through 7-41) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Since the FEIWEIR analyzed the development of 588 units while only 376 units are proposed, there will be less demand on utilities than what was anticipated. However, new off-site and on-site backbone utility systems are required for development of the site as necessary to support the proposed residential units. In addition, development of the site is required to meet federal, state, and local standards for design of waste water treatment, drainage system for on-site and off-site, and water availability. The number of proposed units can be supported by the Irvine Ranch Water District for domestic water and sewer services. Drainage fi.om the site is handled by connection to existing drainage facilities on Edinger Avenue and Harvard Avenue and ultimately to Peters Canyon Channel in which required improvements have been addressed by the previously adopted FEIS/EIR. Attachment 1 of Exhibit A of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CLIP 03-002 Page 17 No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3- 46, 4-32 through 4-55 and 7-20 through 7-21) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE b) c) 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? Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEIS/EIR mitigation and implementation measures approved by the Tustin City Council, the proposed project does not cause unmitigated environmental effects that will cause substantial effects on human beings, either directly or indirectly. In addition, the proposed project does have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of the reuse and redevelopment of the former MCAS Tustin. The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEIS/EIR. Certain mitigation measures have been proposed to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tusfin City Council on January 16, 2001. Attachment 1 of ExhibitA of Resolution No. 3861 Evaluation of Environmental Impacts Tract 16474, DR 02-037, CUP 03-002 Page 18 Mitigation/Monitoring Required: The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR and would be included in the project as applicable. ~ources : Field Observations FEIS/EIR for Disposal and Reuse ofMCAS Tustin (pages 5-4 through 5-11) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan CONCLUSION The stmunmy concludes that all of the proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures .or altematives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted: A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR on January 16, 2001 and shall apply to the proposed project, as applicable. ~ S:\CddkMINOO\Tract 16474ULH-Initial Study-analysis.doc Planning Commission Resolution 3862 RESOLUTION NO. 3862 A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONCEPT PLAN 02-001 TO SUBDIVIDE 31.64 ACRES AND DEVELOP 376 RESIDENTIAL UNITS WITHIN PLANNING AREA 20 OF THE MCAS-TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: I!. The Planning Commission finds and determines as follows: A. That John Laing Homes (WL Homes, LLC) submitted a proper application for Concept Plan 02-001 to subdivide 31.64 acres owned by the City of Tustin and The Irvine Company for the purpose of developing 376 residential units in Planning Area 20 of the MCAS Tustin Specific Plan; Bo That pursuant to Section 4.2.1 of the MCAS Tustin Specific Plan, submittal of a concept plan for development of planning areas is required prior to or concurrent with an initial subdivision application; C, That John Laing Homes has submitted concurrent development applications identified as Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 02-029, and Variance 02- 004; and, D, That Concept Plan 02-001 is in conformance with the Tustin Area General Plan and MCAS Tustin Specific Plan and approval of Concept Plan 02-001, subject to conditions contained in Resolution Nos. 3863 and 3864, would achieve the development concepts set forth by the MCAS Tustin Specific Plan, including: I o , , . , Ensuring the continuity and adequacy of all circulation systems, such as: roadways, access points, trails, pedestrian ways and other infrastructure systems needed to serve the project; Ensuring the continuity and design quality of architecture, landscape, and hardscape themes and treatments; Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Specific Plan; Ensuring conformity with the Non-Residential Land Use Trip Budget; and, Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. The Planning Commission hereby approves Concept Plan 02-001 for development of 376 residential units, subject to the conditions of approval contained within Resolution Nos. 3863 and 3864. Resolution No. 3862 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 10th day of March, 2003. '~-,/ - , ! .,~ - /(' ~-'/'-/Linda C. ~lenn ~____.~~~-. ~~,~'~, ' .~,~_, .~'"'~---"~ /Chairperson ELIZABETH A. E~INSAC~K Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3862 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, 2003. ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution 3863 RESOLUTION NO. 3863 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 16474, TO SUBDIVIDE 31.64 ACRES FOR THE PURPOSE OF DEVELOPING 376 RESIDENTIAL UNITS WITHIN PLANNING AREA 20 OF THE MCAS-TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A, That a proper application for Tentative Tract Map No. 16474 was submitted by John Laing Homes (WL Homes LLC) requesting subdivision of a 31.64 acre area, including 25.3 acres owned by the City of Tustin and 6.34 acres owned by the Irvine Company, into twenty-four (24) numbered lots and thirty (30)lettered lots for development of 376 residential units (198 multiple family units and 178 patio homes) within Planning Area 20 of the MCAS-Tustin Specific Plan, generally bounded by Harvard Avenue to the east, Edinger Avenue to the south, the Peters Canyon Flood Control Channel to the west, and a Southern California Railroad Authority facility to the north; Bo That a public hearing was duly called, noticed, and held for said map on March 10, 2003, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code; D, That the MCAS Tustin Specific Plan process included public conveyance of approximately 35 acres of City parks and 85 acres of an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to pay a parkland dedication in-lieu fee subject to the provisions of the City's parkland dedication ordinance, which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 1.33 acres of private parkland in the proposed subdivision and has requested a waiver of parkland dedication fees pursuant to Section 9931 d. of the Tustin City Code for the 78 affordable housing units to be provided in the subdivision and a credit for one (1) acre of private parkland and park facility improvements that will be provided and accessible to the public through public easements on the development site; Resolution No. 3863 TTM 16474 Page 2 E. That the proposed subdivision would not have an impact on school district facilities within the Irvine Unified School District in that school impacts for development were considered in the MCAS Reuse Plan and in a 1996 "Agreement between the City of Tustin and Irvine Unified School District Regarding Transfer of School Site and other Mitigation Measures" which identified a school facility site that will be conveyed to the Irvine Unified School District by the Federal Department of Education to serve development of property at the former MCAS Tustin. The Agreement, 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 Irvine 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; Fo That the site is located in Planning Area 20 of the MCAS Tustin Specific Plan, which is designated for Medium-High Density Residential (16-25 du/acre) development and is physically suitable for the type of development and proposed density of development; Go 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; Ho The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; The applicant will be required to provide funding of the project's fair share of Tustin Legacy backbone infrastructure as required by Section 8.5.2 of Disposition and Development Agreement 03-01 approved by the City Council on March 3, 2003; Jo That development of the site would require fee dedications along Edinger Avenue and Harvard Avenue for improvements in the public right-of-way for street widening and a bus turn out, and in the northwest corner of the site for the extension of the future improvement of the Peters Canyon Flood Control Channel upon completion of the channel improvements. There is a reasonable relationship between the need for the dedications and the type of development proposed as the dedication area would provide direct benefit to the future residents of the development by providing access to the project and mitigating individual and cumulative traffic impacts as identified in the FEIS/EIR that could be created by development; and, Resolution No. 3863 TTM 16474 Page 3 K, That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the potential development of 588 residential units and that the proposed project includes 376 units or 212 units fewer than was considered in the FEIS/EIR. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3861 recommending that the City Council find that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the subdivision. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 16474 for the subdivision of a 31.64 acre site into twenty-four (24) numbered lots and thirty (30)lettered lots for the purpose of developing 376 residential units (198 multiple family units and 178 patio home units), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, :~_003. ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3863 TTM 16474 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3863 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, 2003. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (5) 1.4 EXHIBIT A- TENTATIVE TRACT MAP 16474 RESOLUTION NO. 3863 CONDITIONS OF APPROVAL Within 24 months from tentative map approval or earlier as may be stipulated in the Tustin Legacy Disposition Development Agreement for Parcel 33 (DDA 03-01), the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. Prior to submittal for initial City review, all corrections noted herein shall be made, including adding the correct net and gross project densities. The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the DDA 03-01, the MCAS Tustin Specific Plan and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin. Approval of Tentative Tract Map 16474 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. The subdivider shall be required to execute bonds for horizontal and vertical improvements including subdivision/monumentation bonds to the City prior to recordation of the final map or issuance of building permits, whichever occurs first. Prior to final map approval, the subdivider shall submit: A. A current title report; and, A duplicate mylar of the Final Map, or 8% inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 3863 'I'TM 16474 Page 2 (1) 1.6 Tentative Tract Map 16474 shall be developed in accordance with Concept Plan 02-001, Design Review 02-037, Conditional Use Permit 03-002, and Variance 02-004, as approved by Resolution Nos. 3862 and 3864 and incorporated herein by reference. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein or in Resolution No. 3864. Prior to approval of the final map the developer shall be in compliance with all applicable provisions of DDA 03-01. 1.7 Prior to final map approval by the City Council, the subdivider shall execute a hold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code, unless said agreement of insurance are required and provided under the provisions of the DDA 03-01. (1) 1.8 As a condition of approval of Tentative Tract Map 16474, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project or from any potential flooding impacts from the adjacent Peters Canyon Flood Control Channel. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (*) 1.9 DDA 03-01 shall continue in full force and effect without defaults, and all construction and completion of obligations identified in DDA 03-01 shall be satisfied, as applicable, prior to any final map approval. (*) 1.10 Subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or assessment district for funding of Tustin Legacy backbone infrastructure, or a future community facilities district for school purposes, consistent with provisions of Sections 8.5.3 and 8.5.4 of DDA 03-01. (*) 1.11 Developer in a written proposal to the City has voluntarily offered to contribute to the City one (1) million dollars ($1,000,000) to be used for the Tustin Branch Library Expansion Project. Developer shall provide said contribution payment to the City consistent with the pledge agreement between the City and the developer. Said Exhibit A Resolution No. 3863 TTM 16474 Page 3 contribution will be used by the City for initial expenses associated with property acquisition for the Library Expansion Project. (*) 1.12 All entitlements noted in Resolution Nos. 3862, 3863, and 3864 shall become null and void-in case of default or termination of DDA 03-01 by the developer including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 2.1 Prior to the issuance of precise grading permits or recordation of the final map, whichever occurs first, separate 24" by 36" street improvement or construction plans, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plans shall include, but not be limited to, the following: a) b) c) d) e) 0 g) h) Curbs and gutters; Sidewalks, including curb ramps for the physically disabled: All public sidewalks and trail facilities shall comply with the provisions of the American with Disabilities Act; Drive aprons; Signing/striping plan; Street paving; Street lighting: The street lighting system for Harvard Avenue and Edinger Avenue shall be reviewed and approved by the City of Tustin and Southern California Edison; Catch basin/storm drain laterals/connections to existing storm drain system; Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and 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. In addition, the developer shall coordinate relocation of the Irvine Ranch Water District 16- inch water main located in the 50-foot public utility easement adjacent to the OCTA/SCRRA Railroad; Exhibit A Resolution No. 3863 TTM 16474 Page 4 J) k) m) n) o) p) q) Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the City Engineer and Irvine Regional Water District (IRWD). These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District; Landscape/irrigation; Underground utility connections: All utility lines shall be placed underground by the developer. Traffic signal plan: A fully signalized intersection, pedestrian crossing, and median modification to provide left turn pockets at Edinger Avenue and Lot A shall be provided. The traffic signal shall be hardwire interconnected with the traffic signal at Edinger Avenue and Jamboree Road; Fire hydrants; Street trees; Streets: Harvard Avenue from Edinger Avenue to the OCTNSCRRA Railroad north of Edinger Avenue. shall be improved to a secondary arterial highway standard per the MCAS Tustin Specific Plan Section 2.5.2(B) and shall include necessary drainage facilities; and, Trails: A Class 1 Bike Trail in accordance with the County of Orange standards parallel to OCTA/SCRRA Railroad right- of-way shall be provided. Said trail shall be constructed within the tract boundary and a trail connection extending across Lot DD in conjunction with any future bikeway improvements installed within the future Peters Canyon Channel right-of-way, which will be coordinated with Peters Canyon Channel Improvements. 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. In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (*) 2.2 Prior to issuance of grading permits or recordation of the final map, whichever occurs first, preparation of a sedimentation and erosion control plan for all work related to this development will be required. (*) 2.3 All water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, and other facilities shall be provided in accordance with the MCAS Tustin Specific Plan. Costs for MCAS Tustin backbone infrastructure as identified in DDA 03-01 shall be Exhibit A Resolution No. 3863 TTM 16474 Page 5 assigned in accordance with a cost-benefit formula established by the City based on the provisions of DDA 03-01. (*) 2.4 Prior to the issuance of precise grading permits or recordation of the final map, whichever occurs first, the developer shall design the location and access for trail connections at two locations along the western boundary of the tract to provide future trail connections to future Route 40 (Peters Canyon Channel) from the interior of the site. The developer shall also post a bond for the estimated cost of completing the trail connections once the section of Route 40 that is adjacent to Tract 16474 is completed. One trail connection shall be across Lot DD and the other shall be at a location subject to review and approval of the Community Development Department and City approval pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (*) 2.5 Prior to issuance of precise grading permits or recordation of the final map, whichever occurs first, the private streets shall be designed to the following specifications: a. All proposed streets shall be designed with the same width and alignment as shown on the tentative tract map and site plan unless modified herein or as approved by the Community Development Director. All private streets that provide main circulation of the site shall meet the minimum width requirement of twenty-eight (28) feet without parking as required by Section 2.52(B)(8) of the MCAS Tustin Specific Plan with the exception of the areas designed with the twenty-four (24) feet for the purpose of traffic calming. Private streets with parking on two sides shall maintain a minimum curb to curb width of thirty-six (36) feet as required by the MCAS Tustin Specific Plan noted section. b. All roadway widths and parking area widths (and lengths where appropriate) on the plans shall be dimensioned on the plan. For the entry off Harvard, a minimum pavement width of twenty (20) feet on each side of the landscape island for the entire length of the island shall be provided. Co A minimum 40-foot length of reduced curb height for the Emergency Fire Access Road shall be provided and constructed with a sufficient sidewalk thickness to accommodate fire truck loading. Effective means of preventing public access shall be provided. d. All streets of the development shall be constructed in accordance with City requirements in terms of type, quality, and materials and in accordance with the Construction Standards for Private Improvements, as determined by the Building Official. Exhibit A Resolution No. 3863 TTM 16474 Page 6 (*) 2.6 In addition to the normal full size plan submittal process, all final development plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. DEDICATIONS/RESERVATIONS/EASEMENTS (*) 3.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required public street and flood control right-of-way easements, vehicular access rights, bikeway per DDA 03-01, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies, including, but not limited to, the following: ao Dedication or perpetual easement for public use of a one (1) acre portion of private parkland, including multi-purpose park field areas for active recreational open space and a tot lot. The subdivider shall provide a perpetual easement and public access agreement in favor of the City in form and substance acceptable to the City for the benefit of the public providing in perpetuity and at no cost to the City and the easement shall include, but not be limited to, the following: 1) the right of the public to use the park facilities; and, 2) the provision of public park access to and from said facility along and across Lot A (private street) within the project and maintenance of the park facility by the developer and its successors and assigns including the future homeowners association in compliance with all provisions of DDA 03-01. Exhibit A Resolution No. 3863 TTM 16474 Page 7 b. Dedication in fee of additional street right-of-way along Edinger Avenue at the bus turn out shall be provided and shown on the map. Co Dedication in fee of appropriate corner cut-offs at the intersection of Harvard Avenue and Deerfield/Lot A, the northwest corner of Harvard Avenue and Edinger Avenue, and at Edinger Avenue and Lot A shall be provided and shown on the map. d. Dedication of an Irvine Ranch Water District water easement at the northwest corner of the property and terminus of Lot G shall be provided and shown on the map. e, Dedication to the City of Tustin of an easement for public access and use of the ten (10) foot wide bikeway on Lots BB and DD shall be provided and shown on the map and required maintenance of the trail by the developer and its successors and assigns including the future homeowners association. Dedication of a forty (40) foot wide area in Lot DD to the City of Tustin to accommodate future channel widening and the extension of the bikeway to be located on Lot BB including a connection to Peters Canyon on Lot DD. All dedications and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right-of- entry and temporary construction easement for all on-site joins when the ultimate street improvements are constructed. The right- of-entry and temporary construction easement shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. (1) 3.2 A traffic signal equipment and maintenance easement shall be required on Lot A at Edinger Avenue. CC&RS (1) 4.1 Prior to issuance of building permits or recordations of the final map whichever occurs first, 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 and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. Exhibit A Resolution No. 3863 TTM 16474 Page 8 No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. CC&Rs shall include, but not be limited to, the following provisions: A. All requirements of Section 8.10 of DDA 03-01. Bo 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. C. The requirement that association bylaws be established. D. 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. Eo Membership in the homeowners association shall be inseparable from ownership in individual units. F, 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. G, 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 Exhibit A Resolution No. 3863 TTM 16474 Page 9 edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. , 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. , 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. Ho 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. The approved "Private Open Space Exhibit" shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in perpetuity. The CC&Rs shall include a separate 8~ inch by 11 inch dimensioned site plan for each unit that is allocated private open space. J, The approved "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. All units are required to maintain a two-car garage. , A minimum of 151 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit" and have a Exhibit A Resolution No. 3863 TTM 16474 Page 10 K. L. M. N. O. minimum length of twenty-two (22) feet per stall. Within private courts serving detached patio home units, units with the sixteen (16) foot wide driveways shall have exclusive right of parking within those areas. An 8~ inch by 11 inch exhibit assigning driveway parking stalls for patio home units shall be attached to the CC&Rs for each unit and disclosures shall be provided to all future homebuyers. ,, 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. o 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. o 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. Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. Maintenance of Lots X, Y, Z, AA, and BB shall be by the homeowners association. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. All utility services serving the site shall be installed and maintained underground. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one Exhibit A Resolution No. 3863 TTM 16474 Page 11 member of the homeowners association Board and, where applicable, a manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency orin those cases where the City has an interest in CC&R violations. Po The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. Q. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. (1) 4.2 Prior to City approval of the (or the first) final map, the Applicant shall record a Declaration of Covenants, Conditions, and Restrictions in form and content satisfactory to City that restricts the use of the property to the uses described in the Disposition and Development Agreement ("DDA 03-01") between the City of Tustin and WL Homes LLC, which is incorporated in full herein by this reference and requires the Applicant, its successors or assigns, to comply with all provisions of DDA 03-01 until a Notice of Completion, as defined in DDA 03-01, has been issued. The Declaration shall be recorded against all the real property cOvered by the Tentative Tract Map. The City shall be named as a party entitled to enforce the Declaration. HOMEBUYER NOTIFICATION 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. ao A notice for noise and train noise that may impact the subdivision. The notice shall indicate that additional building Exhibit A Resolution No. 3863 TTM 16474 Page 12 bo C, d. e, g. h, 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. In addition, the notice shall indicate the estimated increase in the number of trains per day on the rail corridor. The current number of trains per day is 59. A notice, to be reviewed by the City of Tustin and the Irvine 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. 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. 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. A notice indicating that public use of a portion of the park site will be allowed and noting public ingress and egress through the subdivision will be provided. A notice explaining the easements, facilities, amenities, and dedications that will be provided on Lots BB and DD. A notice regarding future construction activities related to bikeway construction and future widening of the Peters Canyon Orange County Flood Control Channel (OCFCD) and future planned improvements along the western boundaries of the subdivision, which may be disruptive to the homeowners in close proximity to these areas. 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 or alleyway thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the common area and any indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. A notice stating that all development within the site is approved for ownership tenure only per Chapter 3.9.3J5 of the MCAS Tustin Specific Plan. Exhibit A Resolution No. 3863 TTM 16474 Page 13 k. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (1.2) 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. m, A notice explaining and providing a copy of the approved "Private Open Space Exhibit" and separate 8~ inch by 11 inch dimensioned site plan for each unit that is allocated private open space. n. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. O. A notice explaining that 78 affordable housing units will be dispersed throughout the subdivision and will remain affordable for a period of forty-five (45) years. p. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. qo The developer shall notify all potential future Assessment/Maintenance Districts property. homebuyers that may affect the ENVIRONMENTAL MITIGATION (1) 6.1 Additional measures related to the tentative tract map application as noted in the adopted FEIS/EIR and that are not previously identified in this exhibit as a condition of approval are required as follows: a, Prior to any final map recordation, the development applicant shall enter into an agreement with the City of Tustin and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate all easement, rights-of-way, or Exhibit A Resolution No. 3863 TTM 16474 Page 14 other land determined necessary to construct adequate utility infrastructure and facilities to serve the project. b, Prior to any final map approval, the development applicant shall enter into an agreement (DDA) to participate on a pro- rated basis in Tustin Legacy backbone infrastructure. C. Prior to the approval of a subdivision map, the developer- applicant shall design and construct local drainage systems for conveyance of the 10-year runoff. If the facility is in a local sump, it shall be designed to convey the 25-year runoff. d, Prior to approval of a subdivision map, an agreement shall be executed with the OCFCD and the County of Orange for the construction of ultimate flood control facilities and regional bikeways. Interim flood control facilities may be considered for approval provided such facilities meet OCFCD requirements. e. Prior to the first final map recordation, or building permit issuance, as applicable within the City of Tustin, the project developer shall be required to provide evidence of compliance with all requirements and standards of the City of Tustin park code and requirements of DDA 03-01. FEES (1) 7.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. Special Counsel fees will be determined upon submittal of documents for review. (1) 7.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 7.3 The subdivider shall submit in-lieu parkland dedication fees in a cash amount of $1,544,493 and a performance bond in the amount Exhibit A Resolution No. 3863 TTM 16474 Page 15 of $2,436,460, in accordance with DDA 03-01 and prior to issuance of the first building permit, such performance bond amount shall be decreased upon compliance by developer with Subsection (2) and (3) of the provisions of Section 8.16 of DDA 03-01. (1) 7.4 All fees required pursuant to City and outside agency requirements as identified in Resolution No. 3864. Planning Commission Resolution 3864 RESOLUTION NO. 3864 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 02-037, CONDITIONAL USE PERMIT 02-029, AND VARIANCE 02-004 AUTHORIZING THE DEVELOPMENT OF 376 RESIDENTIAL UNITS (198 MULTIPLE FAMILY UNITS AND 178 PATIO HOMES) AND A PARK SITE ON A 31.64 ACRE PARCEL WITHIN PLANNING AREA 20 OF THE MCAS- TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 02-037 was submitted by John Laing Homes for development of 376 residential units (198 multiple family units and 178 patio homes) and on a 31.64-acre site within Planning Area 20 of the MCAS-Tustin Specific Plan, and Conditional Use Permit 02-029 for development patio homes, and Variance 02-004 for reduction of building setback along the bus turn out on Edinger Avenue; B, That a public.hearing was duly called, noticed, and held for said application on March, 10, 2003, by the Planning Commission; Co That the proposed project is located with the "MCAS-Tustin Specific Plan" land use designation of the General Plan, which provides for residential development and conforms to the MCAS Tustin Specific Plan, in that multiple family residential units are permitted and patio homes are conditionally permitted in Planning Area 20; Do That construction of the proposed patio homes will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that patio homes are designed as single family detached units with condominium ownership of common areas. 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. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 2 o . 10. 11. 12. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. Location, height, and standards of exterior illumination. Landscaping, parking area design, and traffic circulation. Location and appearance of equipment located outside an enclosed structure. Location and method of refuse storage. Physical relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Proposed signage. Development Guidelines and criteria as adopted by the City Council. Fo That the applicant has requested approval of Tentative Tract Map 16474 in conjunction with the applications for Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004, and findings and conditions of approval related to dedication of necessary right-of- way and provision of necessary infrastructure improvements have been included in Resolution No. 3863. G, The proposed development meets all required development standards for development of multiple family residential and patio homes, with the exception of the forty (40) foot building setback from Edinger Avenue along the required bus turn out, which will result in an uneven street right-of-way and affects building setbacks related to three units. The applicant has requested a reduction from the forty (40) feet to a minimum of thirty-two (32) feet adjacent to the bus turn out area. There are special circumstances applicable to the property with respect to shape and location, in that the strict application of the development standards of the MCAS Tustin Specific Plan deprives this property of privileges enjoyed by other properties under identical zoning classification. H, The project complies with special development requirements of Planning Area 20 (Section 3.9.3 J) regarding the required provisions of affordable housing. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the potential development of 588 residential units and that the proposed project includes 376 units or 212 units fewer than was considered in the FEIS/EIR. A checklist was prepared that finds all potential impacts of the project were addressed by the certified Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 3 considered in the FEIS/EIR. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3861 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. II. The Planning Commission hereby approves Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 for development of 376 residential units on a 31.64 acre parcel within Planning Area 20 of the MCAS-Tustin Specific Plan, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, 2003. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3864 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of March, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 02-037, CONDITIONAL USE PERMIT 02-029, AND VARIANCE 02-004 RESOLUTION NO. 3864 CONDITIONS OF APPROVAL GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 The proposed project shall conform with the submitted plans for the project date stamped March 10, 2003, 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 and City review required pursuant to Sections 8.6.5 and 8.6.6 of the Disposition and Development Agreement 03-01 ("DDA 03-01"). 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, other applicable codes, and all requirements of DDA 03-01. 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 and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. Approval of Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 will become null and void in the event that City Council does not approve Tentative Tract Map 16474 or conditions of DDA 03-01 are violated. The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within the time frames identified in the schedule of performance contained in DDA 03-01. All time extensions may be considered if a written request is within thirty (30) days prior to expiration and processed in accordance with the provisions of DDA 03-01. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 2 (1) 1.5 Approval of Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 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 The development of the project described in Design Review 02-037 and Conditional Use Permit 02-029 shall be in accordance with Concept Plan 02-001 and Tentative Tract Map 16474 approved by Resolution Nos. 3862 and 3863 which are incorporated herein by reference as though fully set forth in DDA 03-01. (1) 1.7 As a condition of approval of Design Review 02-037, Conditional Use Permit 02-029, and Variance 02-004, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (5) 1.8 The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan Section 3.9.3.J and comply with related conditions contained in DDA 03-01 for implementation of the program. Issuance of certificates of use and occupancy shall be limited to the phasing requirements contained in Attachment 17 of DDA 03-01 and pursuant to this entitlement approval and all conditions of Section 13 of DDA 03-01 shall be incorporated herein as a condition of this entitlement as though fully set forth herein. (5) 1.9 This development is subject to the applicant's fulfillment of all provisions of DDA 03-01. (5) 1.10 Prior to issuance of a building permit, the applicant shall be required to provide a performance bond for vertical and horizontal improvements at the building valuation for individual phased construction which shall not be a duplication of any bonds required by Resolution No. 3863. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 3 GRADING PLAN SUBMITTAL 1) 2.1 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer, shall be submitted and shall include the following: ao Technical details and plans for all utility installations including telephone, gas, water, and electricity. The location of the relocated IRWD 16-inch waterline shall be shown on all plans and underground utilities, including gas and electrical, shall be shown on the plans. b. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. d, Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin's "Construction Standards for Private Streets, Storm Drain and On-Site' Private Improvements," revised April 1989. e. Two (2) copies of an hydrology report. Information demonstrating that vehicle parking, primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. g. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. h. Details indicating that a maximum streetlight spacing of 200 feet staggered from side to side along the street shall be used for on-site street lighting (per City standards for local private residential streets) and placement of streetlights in relation to the intersection locations and other driver decision points for safe pedestrian access through the site. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 4 (3) 2.2 The one-half-inch lip for new or modified access ramps within or adjacent to the site shall be eliminated in accordance with the County of Orange Public Facilities and Resources Department standards. (1) 2.3 The applicant shall provide approval from all utility easement holders for construction within Lots BB and DD. (1) 2.4 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.5 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.6 A surety/cash bond will be required to assure work is completed in accordance with approved plans for horizontal and vertical improvements as identified in DDA 03-01 prior to precise grading and building permit issuance. The engineer's estimated cost of all vertical and horizontal improvements as defined in DDA 03-01 shall be submitted to the Building Official and the City pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01 for determination of the bond amount. Said bond shall be only reduced or relieved upon approval of the City Manager and in accordance with provisions of DDA 03-01. 2.7 Prior to issuance of a precise grading permit, the applicant shall submit to the Public Works Department design and construction drawings for construction of the bike trail on Lot BB and across Lot DD to be constructed by the developer and the future bike trail proposed within the Peters Canyon Channel. (1) 2.8 The applicant shall comply with all City policies regarding short- term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. (1) 2.9 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 5 Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, 'including drawings for mechanical, plumbing, and electrical. · Structural calculations, two (2) copies. · Title 24 energy calculations, two (2) copies. · Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable · Details for the proposed windows and doors. · Roofing material shall be fire rated class "B" or better. · The location of any utility vents or other equipment shall be provided on the roof plan. · Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall- mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. · A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." · Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal and all equipment must be six (6) inches below the top of the parapet, subject to the approval of the Community Development Director. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 6 (3) 3.4 The third floor of a dwelling unit with a floor area of more than 500 square feet shall have access to not less than two exits. (CBC 1004.2.3.2) (3) 3.5 The recreation area shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). (3) 3.6 The number of plumbing fixture units required for the recreation building shall comply with the 2001 California Plumbing Code Chapter 4, Table 4-1, as per type of group occupancy, or as approved by the Building Official. (3) 3.7 Openings in exterior walls shall not be permitted less than five (5) feet from property lines 'in accordance with the 2001 California Building Code (Table 5A). (3) 3.8 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). (3) 3.9 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). (3) 3.10 An area analysis for all buildings (residences and garages) shall be provided to demonstrate compliance with allowable floor areas based on the 2001 California Building Code Chapter 5, Table 5-B. (1) 3.11 The minimum interior garage space dimensions shall be not less than ten (10) feet in width by twenty (20) feet in depth, clear and unobstructed and shall be shown on the plans. (4) 3.12 Information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (*) 3.13 The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. (*) 3.14 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403 as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 7 b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Replace ground cover in disturbed areas as quickly as possible. h) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweePers with reclaimed water when feasible). k) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. I) Use Iow VOC architectural coatings for all interior and exterior painting operations. DRAINAGE FACILITIES (1) 4.1 Drainage flow lines in all driveways and roadway shall be shown on a storm drain plan. (1) 4.2 Catch basin placement at all street tapers shall be evaluated and reconfigured, if necessary, to eliminate trapped water conditions. (1) 4.3 All roadway drainage shall be relocated to drain Iow points out of street intersections. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 8 (1) 4.4 For drainage Node 163 (cul-de-sac sump inlet east of main entry from Edinger Avenue) on the Hydrology Plan, a highpoint shall be added to prevent additional on-site area flow to drains into sump conditions. Design of Node 163 shall be similar to design for Node 167 where 25-year flow is 1.6 cubic feet. In addition, the drainage area to Node 163 (sump area east of Edinger Avenue entry) shall be revised to reduce the 25-year storm flow to an amount that only includes the immediate drainage area for the lots on the cul-de-sac. The Hydrology Analysis needs to consider the cross gutter proposed for this cul-de sac. (1) 4.5 The anticipated on-site storm water runoff that may be discharged to Harvard and Edinger Avenues shall be shown and the method for providing a secondary drainage outlet for all sump conditions shall be shown. (1) 4.6 The applicant shall submit an agreement to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants from any loss, damage, claims, costs, and expenses related to flooding or drainage due to flooding. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 5.1 All public facilities shall comply with the provisions of the Federal Americans with Disabilities Act. (1) 5.2 All improvement work shall be performed in accordance with the applicable provisions of the City of Tustin's "Standard Drawings and Design Standards for Public Works Construction," "Grading Manual," and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989. (1) 5.3 Storm drains shall be constructed within or adjacent to the development per applicable County of Orange and City of Tustin standards. (1) 5.4 Drainage collections within the site shall be designed for a minimum 10-year storm frequency except in sump conditions where a 25-year storm frequency shall be used. (.1) 5.5 All slopes shall conform to the City of Tustin's "Grading Manual" design guidelines. (1) 5.6 An encroachment permit and/or approval shall be obtained from the County of Orange for any work within Orange County Flood Control's present or future right-of-way. (1) 5.7 Permission from property owners shall be required for any work located on adjacent properties. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 9 (1) 5.8 Construction of catch basins, storm drain laterals and junction structures are required to eliminate the need for cross gutters. (1) 5.9 Adequate horizontal and vertical intersection sight lines will need to be provided. In general a 25' x 25' limited use area triangle provides adequate sight at typical driveways. Additional sight evaluation, however, could be required to satisfy City of Tustin Standard Drawing No. 510 for all affected streets. The site lines shall be shown on the grading plan and landscape plan. If detailed analyses are requested, all landscaping within the limited use area would need to comply with City of Tustin Standard Drawing No. 510. (1) 5.10 Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. (1) 5.11 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 5.12 Prior to any work in the City of Tustin and/or City of Irvine public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department of the respective agency. (1) 5.13 In addition to the normal full size plan submittal process, all final development plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 10 (1) 5.14 5. 5 (1) 5.16 (1) 5.17 (1) 5.18 (1) 5.19 (1) 5.20 (1) 5.21 (1) 5.22 This development shall comply with all applicable provisions of the City of Tustin, Federal, State, County, and Regional Water Quality Control Board rules and regulations. No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer. All utility line and connection costs to the backbone infrastructure/utility system (water supply, sanitary sewer facilities, reclaimed water supply, storm drainage and other utilities) needed to serve individual projects shall be the responsibility of the developer unless otherwise determined with a development agreement. All water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage and other facilities shall be provided in accordance with the adopted Specific Plan. Costs for MCAS Tustin Backbone Infrastructure as identified in DDA 03-01 shall be assigned in accordance with a cost-benefit formula established by the City, based on the provisions of DDA 03-01. All private streets that provide main circulation of the site shall meet the minimum width requirement of twenty-eight (28) feet without parking as required by Section 2.52(B)(8) of MCAS Tustin Specific Plan with the exception of the areas designed with twenty-four (24) feet for the purpose of traffic calming. Private streets with parking on two sides shall maintain a minimum curb to curb width of thirty- six (36) feet as required by the MCAS Tustin Specific Plan noted section. All curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official. All roadway widths and parking area widths (and lengths where appropriate) on the plans shall be dimensioned on the plan. For the entry off Harvard, a minimum pavement width of twenty (20) feet on each side of the landscape island for the entire length of the island shall be provided. Footings for all retaining walls shall be located within the tract boundary. The development shall comply with all provisions for pedestrian access and bikeway trails in accordance with Sections 2.5 and 2.6 of the MCAS Tustin Specific Plan including design and construction of future connection to a bike trail along the north side of the project, including a connection for future access along the west side Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 11 of the future tract boundary to connect to a future planned bike trail within the Peters Canyon Channel improvement area currently owned by the Department of Navy. All bikeway improvements on the project site shall be provided within the private property subject to recordation of an access and maintenance agreement and shall be designed for future access to the future trail within the Peters Canyon Channel. (1) 5.23 The applicant shall identify waste hauler(s) to be utilized during the project. The City of Tustin's waste hauler shall be used. No other haulers are to be utilized pursuant to City Code Section 4322. (1) 5.24 Prior to the issuance of any precise grading or any encroachment or building permit, the applicant shall be required to submit waste trash enclosure plans to the Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. WATER QUALITY (1) 6.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: ao Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. b, Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 12 property owners of the requirement to implement the approved WQMP. do The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 6.2. Prior to issuance of any permits for projects of five (5) acres or more, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 6.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: a, Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. C, Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. During construction, disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 13 do Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 7.1 The applicant may obtain grading and building permits for model unit construction prior to recordation of the final map if all applicable zoning, building, and construction standards have been met to the satisfaction of the Community Development Department, Public Works Department, and the Orange County Fire Authority. (1) 7.2 Temporary construction fencing shall be permitted to encroach into required travelways of private streets or drives once constructed and shall be removed prior to issuance of Certificate of Occupancy for the model homes. (1) 7.3 The developer shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to ensure the conversion. (*) 7.4 Permits for phased improvements shall not be issued until the City under its proprietary authority in Sections 8.6.5 and 8.6.6 of DDA 03-01 has approved each phase by design documents and the developer is in compliance with all applicable provisions of DDA 03- 01. ARCHITECTURE (4) 8.1 Building elevations visible from Edinger Avenue and Harvard Avenue shall be designed in accordance with the Urban Design Guidelines contained in the MCAS Tustin Specific Plan with respect to mass, variety of color and material, architectural articulation in form of window trim, fascia molding, planter boxes, etc. to the satisfaction of the Community Development Department and pursuant to Sections 8.5.6 and 8.6.6 of DDA 03-01. (4) 8.2 The design of the recreational building shall incorporate the character defining features of the residential products within the subdivision subject to review and approval by the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.3 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural treatment and of the buildings subject to final approval of the Community Development Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 14 Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.4 All roof materials shall be subject to final approval by the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.5 All exterior doors and windows, glass, and frame color shall be subject to final approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 8.6 All exterior colors and textures shall be submitted to review and approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6. of DDA 03-01. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 8.7 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts from Edinger Avenue and Harvard Avenue and screened by adequate landscaping or other effective screening devices. (4) 8.8 All' exterior elevations shall include any roof-mounted fixtures or equipment. LANDSCAPINGIHARDSCAPE (1) 9.1 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: · Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. · Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and contrOl of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 15 (1) 9.2 Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. · Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. · Ground cover shall be planted eight (8) to twelve (12) inches on center. · Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. An opaque screen consisting of one or a combination of berms, masonry walls, and landscaping integrated into an aesthetic pattern shall be installed along site boundaries where residential uses abut arterial or secondary highways, with the aggregate height of berms and walls not to exceed six (6) feet, eight (8) inches, or higher as may be required and approved to mitigate noise impacts. Screening Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 16 (1) (4) (4) (4) shall consist of one or any combination of the following components: · Walls, including retaining walls, shall consist of concrete, stone, brick, tile, or similar masonry material. · Berms shall be constructed of earthen materials and shall be landscaped according to an approved plan. Evergreen or deciduous trees or shrubs consistent with landscape guidelines contained in the Specific Plan. Trees shall vary in size and species to provide smaller broad dome trees and upright vertical trees along the street right-of-ways consistent with the requirements of the Urban Design Guidelines Section 2.17 of MCAS Tustin Specific Plan and subject to final approval of the Community Development Department. Edinger Avenue shall be designed with a nine (9) foot meandering sidewalk and Harvard Avenue shall be designed with a five (5) foot meandering sidewalk consistent with the requirements of Urban Design Guidelines Section 2.17 of the MCAS Tustin Specific Plan. Landscaping/screening at intersections shall be designed and maintained to not restrict vehicular sight distance in accordance with the current City of Tustin and Irvine standards. 9.3 Location of the proposed 8.5 ,foot high sound wall and boundary line between Lot BB and the residential lots on the north side of the property shall be accurately shown on the site plan and the landscape plan. Minimum rear yard setback for multiple family units from the property line is ten (10) feet. 9.4 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. 9.5 Perimeter tract walls shall be constructed of high quality materials and matching architecture subject to final approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. 9.6 The proposed three (3) foot maximum high retaining wall (to protect existing utilities) along the northeast corner of the site is shown to be within the ten (10) foot building setback for the residential lot. in addition, the utility structures being protected by the proposed retaining wall are within the residential lot. The plans should locate Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 17 the proposed utility protection retaining wall outside the residential lot and the ten (10) foot building setback. (4) 9.7 The main entries to the project at Edinger and Harvard Avenues are significant to the Tustin Legacy project. The hardscape treatment shall be consistent with Section 2.17 of the MCAS Tustin Specific Plan and subject to final approval of the Community Development Department and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (1) 9.8 Trees along the public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. USE RESTRICTIONS (5) 10.1 The project shall include 376 units, including 198 multiple family units and 178 patio home units of which 78 units are required to be offered as affordable units. (1) 10.2 Private open space shall be allocated in accordance with the approved "Private Open Space Exhibit." Any changes to the allocation of private open space shall be reviewed and approved by the Director of Community Development and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (4) 10.3 Parallel guest parking spaces, guest parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Parking and Circulation Exhibit." Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development and City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. (*) 10.4 A maximum of thirty (30) percent of four-bedroom units shall be provided within the multiple family products with the required number of parking spaces in accordance with MCAS Tustin Specific Plan Sections 3.9.3 and 3.13.2. (5) 10.5 Individual trash can service may be provided on the site. Trashcans shall be placed only in the locations identified on the approved "Curbside Trash Pick-up Exhibit" up to eight (8) hours prior to regularly scheduled trash collection and shall be removed within eight (8) hours of trash collection. 10.6 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 18 AFFORDABLE HOUSING (1) 11.1 The subdivider shall comply with the obligations contained in Section 13 of the DDA 03-01 regarding affordable housing unit obligations and shall make available these affordable units by income categories as shown and approved with the Concept Plan 02-001 as herein modified. There shall be twenty-two (22) units sold to very Iow income households, twelve (12) units sold to lower income households, and forty-four (44) units sold to moderate income households. Modifications to the phasing plan to reflect the revised affordable unit count by location shall be subject to City review required pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. Separate recordable affordable covenants and other binding agreements shall be recorded against each unit as identified in Section 13 of DDA 03-01 and will be binding on properties upon sale of transfer of units for a minimum of 45 years. ORANGE COUNTY FIRE AUTHORITY (1) 12.1 Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. (1) 12.2 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 for additional information. Sprinklers will be required for structures exceeding 5,500 square feet and/or those structures which are out of fire department access. This cannot be determined until the footprint of the actual structures is indicated. (1) 12.3 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Building permits will not be issued without OCFA approval is obtained as a result of an on- site inspection. Please contact the OCFA at (714) 744-0499 to obtain a copy of the standard combustible construction letter. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 19 NOISE 13.1 Plans for noise attenuation of residential units located near arterial highways and railroad rights-of-way, which ensure that interior and exterior noise levels (including balconies) do not exceed State and local requirements of the City of Tustin shall be submitted for review and approval prior to issuance of building permit or recordation of the final map, whichever occurs first. (1) 13.2 A sound wall shall be constructed along the northerly boundary adjacent to the OCTNSCRRA Railroad. The utility owner's approval will be required for construction within the adjacent existing 50-foot public utilities easement. ENVIRONMENTAL 14.1 Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: a. The developer shall enter into an agreement (DDA 03-01) with the City of Tustin to establish a fair-share mechanism to provide needed Tustin Legacy Backbone Infrastructure, including fire, police, and related facilities (i.e., bikeway, etc.). bo Prior to issuance of grading permits, the four-acre parcel currently outside the boundaries of the Air Station along Harvard Avenue shall be surveyed to determine the presence/absence of archeological resources prior to grading. C. Prior to issuance of grading 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. d. 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. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 20 e. Prior to the issuance of a grading 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. Prior to issuance of a grading 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. go The site development shall include a pedestrian circulation component showing pedestrian access to regional hiking trails, parks, schools, shopping areas, bus stops, and/or other public facilities. FEES (1)(5) 15.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. ao Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule. Co Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule. The current fee is $2,910 per single family unit and $1,694 per multiple family unit. e. Water and sewer connection fees to the Irvine Ranch Water District. Resolution 3864 DR 02-037, CUP 02-029, VAR 02-004 Page 21 f. New development tax is $350.00 per unit. g. School facilities fee in the amount as required by Irvine Unified School District. ho Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by DDA 03- 01. (1) 15.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. CITY COUNCIL ATTACHMENT D Resolution Nos. 03-42 and 03-43 RESOLUTION NO. 03-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING FINDING THAT THE MCAS PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN PROGRAM EIS/EIR) IS ADEQUATE TO SERVE AS THE PROJECT EIS/EIR FOR VESTING TENTATIVE TRACT MAP 16474 AND APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Tustin City Council hereby resolves as follows: A, That Vesting Tentative Tract Map 16474 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and, B, That the MCAS Tustin Final Program EIS/EIR was certified on January 16, 2001. The City Council finds Vesting Tentative Tract Map 16474 is within the scope of the previously approved MCAS Tustin FEIS/EIR based on an Initial Study checklist evaluation attached as Exhibit A hereto, as well as the MCAS Tustin Specific Plan previously approved by the City Council on February 3, 2003, with adoption of Ordinance No. 1257; the effects of the project relating to all environmental impact issues were examined in the MCAS Tustin FEIS/EIR. The applicable mitigation measures developed in the MCAS Tustin FEIS/EIR are incorporated into DDA 03-01 or will be conditions of entitlement approvals (Concept Plan 02-001, Tentative Tract Map 16474, Design Review 02-037, Conditional Use Permit 03-002 and Variance 02-004); and, C, The City Council hereby finds for Tentative Tract Map 16474 that the environmental effects of the project are within the scope of the MCAS Tustin FEIS/EIR and were fully examined in the MCAS Tustin FEIS/EIR; no substantial changes are proposed in the project or have occurred with respect to circumstances under which the project is being undertaken since certification of the MCAS Tustin FEIS/EIR; no new information has become available since the certification of the MCAS Tustin FEIS/EIR, and pursuant to Public Resources Code Section 2116, and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code of Regulations Sections 15162 and 15168(c), no additional environmental analysis, action or document is required by the CEQA. City Council Resolution No. 03-42 March 17, 2003 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 17th day of March, 2003. TRACY WILLS WORLEY MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-42 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK RESOLUTION NO. 03-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 16474, TO SUBDIVIDE 31.64 ACRES FOR THE PURPOSE OF DEVELOPING 376 RESIDENTIAL UNITS WITHIN PLANNING AREA 20 OF THE MCAS- TUSTIN SPECIFIC PLAN The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: Ao That a proper application for Tentative Tract Map No. 16474 was submitted by John Laing Homes (WL Homes LLC) requesting subdivision of a 31.64 acre area, including 25.3 acres owned by the City of Tustin and 6.34 acres owned by the Irvine Company, into twenty-four (24) numbered lots and thirty (30) lettered lots for development of 376 residential units (198 multiple family units and 178 patio homes) within Planning Area 20 of the MCAS-Tustin Specific Plan, generally bounded by Harvard Avenue to the east, Edinger Avenue to the south, the Peters Canyon Flood Control Channel to the west, and a Southern California Railroad Authority facility to the north; Bo That a public hearing was duly called, noticed, and held for said map on March 10, 2003, by the Planning Commission and the Planning Commission adopted Resolution No. 3863 recommending that the City Council approve Vesting Tentative Tract Map 16474; Co That a public hearing was duly called, noticed, and held for said map on March 17, 2003, by the City Council; D, That the proposed subdivision is in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code; E, That the MCAS Tustin Specific Plan process included public conveyance of approximately 35 acres of City parks and 85 acres of an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to pay a parkland dedication in-lieu fee subject to the provisions of the City's parkland dedication ordinance, which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 1.33 acres of private parkland in the proposed subdivision and has requested a waiver of parkland dedication fees pursuant to Section 9931 d. of the Tustin City Code for the 78 affordable housing units to be provided in the subdivision and a credit for one (1) acre of private parkland and park facility City Council Resolution No. 03-43 March 17, 2003 Page 2 improvements that will be provided and accessible to the public through public easements on the development site; Fo That the proposed subdivision would not have an impact on school district facilities within the Irvine Unified School District in that school impacts for development were considered in the MCAS Reuse Plan and in a 1996 "Agreement between the City of Tustin and Irvine Unified School District Regarding Transfer of School Site and other Mitigation Measures" which identified a school facility site that will be conveyed to the Irvine Unified School District by the Federal Department of Education to serve development of property at the former MCAS Tustin. The Agreement, 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 Irvine 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; Go That the site is located in Planning Area 20 of the MCAS Tustin Specific Plan, which is designated for Medium-High Density Residential (16-25 du/acre) development and is physically suitable for the type of development and proposed density of development; Ho That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, cause serious public health problems, or substantially and avoidably injure fish or wildlife in their habitat; The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; J, The applicant will be required to provide funding of the project's fair share of Tustin Legacy backbone infrastructure as required by Section 8.5.2 of Disposition and Development Agreement 03-01 approved by the City Council on March 3, 2003; K, That development of the site would require fee dedications along Edinger Avenue and Harvard Avenue for improvements in the public right-of-way for street widening and a bus turn out, and in the northwest corner of the site for the extension of the future improvement of the Peters Canyon Flood Control Channel upon completion of the channel improvements. There is a reasonable relationship between the need City Council Resolution No. 03-43 March 17, 2003 Page 3 for the dedications and the type of development proposed as the dedication area would provide direct benefit to the future residents of the development by providing access to the project and mitigating individual and cumulative traffic impacts as identified in the FEIS/EIR that could be created by development; and, L, That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the potential development of 588 residential units and that the proposed project includes 376 units or 212 units fewer than was considered in FEIS/EIR. The City Council, by adopting Resolution No. 03-42, has approved a checklist and evaluation that finds all potential impacts of the project were addressed by the certified FEIS/EIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. II. The City Council hereby approves Tentative Tract Map 16474 for the subdivision of a 31.64 acre site into twenty-four (24) numbered lots and thirty (30) lettered lots for the purpose of developing 376 residential units (198 multiple family units and 178 patio home units), subject to the conditions of approval contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 17th day of March, 2003. TRACY WILLS WORLEY MAYOR PAMELA STOKER CITY CLERK City Council Resolution No. 03-43 March 17, 2003 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-43 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (5) 1.4 EXHIBIT A TENTATIVE TRACT MAP 16474 RESOLUTION NO. 03-43 CONDITIONS OF APPROVAL Within 24 months from tentative map approval or earlier as may be stipulated in the Tustin Legacy Disposition Development Agreement for Parcel 33 (DDA 03-01), the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. Prior to submittal for initial City review, all corrections noted herein shall be made, including adding the correct net and gross project densities. The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, the DDA 03-01, the MCAS Tustin Specific Plan and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin. Approval of Tentative Tract Map 16474 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. The subdivider shall be required to execute bonds for horizontal and vertical improvements including subdivision/monumentation bonds to the City prior to recordation of the final map or issuance of building permits, whichever occurs first. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY City Council Resolution No. 03-43 March 17, 2003 Page 2 (1) 1.5 Prior to final map approval, the subdivider shall submit: Ao A current title report; and, A duplicate mylar of the Final Map, or 8~ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance. (1) 1.6 Tentative Tract Map 16474 shall be developed in accordance with Concept Plan 02-001, Design Review 02-037, Conditional Use Permit 03-002, and Variance 02-004, as approved by Resolution Nos. 3862 and 3864 and incorporated herein by reference. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein or in Resolution No. 3864. Prior to approval of the final map the developer shall be in compliance with all applicable provisions of DDA 03-01. (1) 1.7 Prior to final map approval by the City Council, the subdivider shall execute a hold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code, unless said agreement of insurance are required and provided under the provisions of the DDA 03-01. 1.8 As a condition of approval of Tentative Tract Map 16474, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project or from any potential flooding impacts from the adjacent Peters Canyon Flood Control Channel. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (***) 1.9 DDA 03-01 shall continue in full force and effect without defaults, and all construction and completion of obligations identified in DDA 03-01 shall be satisfied, as applicable, prior to any final map approval. (***) 1.10 Subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or City Council Resolution No. 03-43 March 17, 2003 Page 3 assessment district for funding of Tustin Legacy backbone infrastructure, or a future community facilities district for school purposes, consistent with provisions of Sections 8.5.3 and 8.5.4 of DDA 03-01. (***) 1.11 Developer in a written proposal to the City has voluntarily offered to contribute to the City one (1) million dollars ($1,000,000) to be used for the Tustin Branch Library Expansion Project. Developer shall provide said contribution payment to the City consistent with the pledge agreement between the City and the developer. Said contribution will be used by the City for initial expenses associated with property acquisition for the Library Expansion Project. (***) 1.12 All entitlements noted in Resolution Nos. 3862, 3863, and 3864 shall become null and void in case of default or termination of DDA 03-01 by the developer including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 2.1 Prior to the issuance of precise grading permits or recordation of the final map, whichever occurs first, separate 24" by 36" street improvement or construction plans, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plans shall include, but not be limited to, the following: a) b) c) d) e) 0 g) h) Curbs and gutters; Sidewalks, including curb ramps for the physically disabled: All public sidewalks and trail facilities shall comply with the provisions of the American with Disabilities Act; Drive aprons; Signing/striping plan; Street paving; Street lighting: The street lighting system for Harvard Avenue and Edinger Avenue shall be reviewed and approved by the City of Tustin and Southern California Edison; Catch basin/storm drain laterals/connections to existing storm drain system; 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 City Council Resolution No. 03-43 March 17, 2003 Page 4 J) k) m) n) o) p) q) plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District. In addition, the developer shall coordinate relocation of the Irvine Ranch Water District 16-inch water main located in the 50-foot public utility easement adjacent to the OCTNSCRRA Railroad; Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the City Engineer and Irvine Regional Water District (IRWD). These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District; Landscape/irrigation; Underground utility connections: All utility lines shall be placed underground by the developer. Traffic signal plan: A fully signalized intersection, pedestrian crossing, and median modification to provide left turn pockets at Edinger Avenue and Lot A shall be provided. The traffic signal shall be hardwire interconnected with the traffic signal at Edinger Avenue and Jamboree Road; Fire hydrants; Street trees; Streets: Harvard Avenue from Edinger Avenue to the OCTNSCRRA Railroad north of Edinger Avenue shall be improved to a secondary arterial highway standard per the MCAS Tustin Specific Plan Section 2.5.2(B) and shall include necessary drainage facilities; and, Trails: A Class 1 Bike Trail in accordance with the County of Orange standards parallel to OCTNSCRRA Railroad right-of- way shall be provided. Said trail shall be constructed within the tract boundary and a trail connection extending across Lot DD in conjunction with any future bikeway improvements installed within the future Peters Canyon Channel right-of-way, which will be coordinated with Peters Canyon Channel Improvements. 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. City Council Resolution No. 03-43 March 17, 2003 Page 5 (1) 2.2 (1) 2.3 (1) 2.4 (1) 2.5 In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. Prior to issuance of grading permits or recordation of the final map, whichever occurs first, preparation of a sedimentation and erosion control plan for all work related to this development will be required. All water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, and other facilities shall be provided in accordance with the MCAS Tustin Specific Plan. Costs for MCAS Tustin backbone infrastructure as identified in DDA 03-01 shall be assigned in accordance with a cost-benefit formula established by the City based on the provisions of DDA 03-01. Prior to the issuance of precise grading permits or recordation of the final map, whichever occurs first, the developer shall design the location and access for trail connections at two locations along the western boundary of the tract to provide future trail connections to future Route 40 (Peters Canyon Channel) from the interior of the site. The developer shall also post a bond for the estimated cost of completing the trail connections once the section of Route 40 that is adjacent to Tract 16474 is completed. One trail connection shall be across Lot DD and the other shall be at a location subject to review and approval of the Community Development Department and City approval pursuant to Sections 8.6.5 and 8.6.6 of DDA 03-01. Prior to issuance of precise grading permits or recordation of the final map, whichever occurs first, the private streets shall be designed to the following specifications: a, All proposed streets shall be designed with the same width and alignment as shown on the tentative tract map and site plan unless modified herein or as approved by the Community Development Director. All private streets that provide main circulation of the site shall meet the minimum width requirement of twenty-eight (28) feet without parking as required by Section 2.52(B)(8) of the MC^S Tustin Specific Plan with the exception of the areas designed with the twenty-four (24) feet for the purpose of traffic calming. Private streets with parking on two sides shall maintain a minimum curb to curb width of thirty-six (36) feet as required by the MCAS Tustin Specific Plan noted section. City Council Resolution No. 03-43 March 17, 2003 Page 6 b. All roadway widths and parking area widths (and lengths where appropriate) on the plans shall be dimensioned on the plan. For the entry off Harvard, a minimum pavement width of twenty (20) feet on each side of the landscape island for the entire length of the island shall be provided. C, A minimum 40-foot length of reduced curb height for the Emergency Fire Access Road shall be provided and constructed with a sufficient sidewalk thickness to accommodate fire truck loading. Effective means of preventing public access shall be provided. do All streets of the development shall be constructed in accordance with City requirements in terms of type, quality, and materials and in accordance with the Construction Standards for Private Improvements, as determined by the Building Official. (1) 2.6 In addition to the normal full size plan submittal process, all final development plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. DEDICATIONS/RESERVATIONS/EASEMENTS (5) 3.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required public street and flood control right-of-way easements, vehicular access rights, bikeway per DDA 03-01, sewer easements and water City Council Resolution No. 03-43 March 17, 2003 Page 7 easements defined and approved as to specific locations by the City Engineer and other agencies, including, but not limited to, the following: a, Dedication or perpetual easement for public use of a one (1) acre portion of private parkland, including multi-purpose park field areas for active recreational open space and a tot lot. The subdivider shall provide a perpetual easement and public access agreement in favor of the City in form and substance acceptable to the City for the benefit of the public providing in perpetuity and at no cost to the City and the easement shall include, but not be limited to, the following: 1) the right of the public to use the park facilities; and, 2) the provision of public park access to and from said facility along and across Lot ^ (private street) within the project and maintenance of the park facility by the developer and its successors and assigns including the future homeowners association in compliance with all provisions of DD^ 03-01. bo Dedication in fee of additional street right-of-way along Edinger Avenue at the bus turn out shall be provided and shown on the map. C. Dedication in fee of appropriate corner cut-offs at the intersection of Harvard Avenue and Deerfield/Lot ^, the northwest corner of Harvard Avenue and Edinger Avenue, and at Edinger Avenue and Lot ^ shall be provided and shown on the map. d. Dedication of an Irvine Ranch Water District water easement at the northwest corner of the property and terminus of Lot G shall be provided and shown on the map. so Dedication to the City of Tustin of an easement for public access and use of the ten (10) foot wide bikeway on Lots BB and DD shall be provided and shown on the map and required maintenance of the trail by the developer and its successors and assigns including the future homeowners association. Dedication of a forty (40) foot wide area in Lot DD to the City of Tustin to accommodate future channel widening and the extension of the bikeway to be located on Lot BB including a connection to Peters Canyon on Lot DD. City Council Resolution No. 03-43 March 17, 2003 Page 8 All dedications and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right-of-entry and temporary construction easement for all on-site joins when the ultimate street improvements are constructed. The right-of-entry and temporary construction easement shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. (1) 3.2 A traffic signal equipment and maintenance easement shall be required on Lot A at Edinger Avenue. CC&RS 4.1 Prior to issuance of building permits or recordations of the final map whichever occurs first, 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 and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. CC&Rs shall include, but not be limited to, the following provisions: A. All requirements of Section 8.10 of DDA 03-01. B. 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. C. The requirement that association bylaws be established. City Council Resolution No. 03-43 March 17, 2003 Page 9 D, 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. E, Membership in the homeowners association shall be inseparable from ownership in individual units. F, 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. Go 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 exposed surface roots and damage to sidewalks, driveways, and structures. , 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. , 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 City Council Resolution No. 03-43 March 17, 2003 Page 10 such as to be detrimental to public health, safety, or general welfare. H. 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. The approved "Private Open Space Exhibit" shall be made part of the CC&Rs and shall specify those portions of *,he common open space area that are allocated for private use and public use and access rights in perpetuity. The CC&Rs shall include a separate 8~ inch by 11 inch dimensioned site plan for each unit that is allocated private open space. J, The approved "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. All units are required to maintain a two-car garage. . A minimum of 151 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. Within private courts serving detached patio home units, units with the sixteen (16) foot wide driveways shall have exclusive right of parking within those areas. An 8~ inch by 11 inch exhibit assigning driveway parking stalls for patio home units shall be attached to the CC&Rs for each unit and disclosures shall be provided to all future homebuyers. , 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 City Council Resolution No. 03-43 March 17, 2003 Page 11 extent that vehicles may still be parked within the required garage spaces. . The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. K, Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. L, Maintenance of Lots X, Y, Z, AA, and BB shall be by the homeowners association. M, Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. No All utility services serving the site shall be installed and maintained underground. Oo The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. P, The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. Q, No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in City Council Resolution No. 03-43 March 17, 2003 Page 12 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) 4.2 Prior to City approval of the (or the first) final map, the Applicant shall record a Declaration of Covenants, Conditions, and Restrictions in form and content satisfactory to City that restricts the use of the property to the uses described in the Disposition and Development Agreement ("DDA 03-01") between the City of Tustin and WL Homes LLC, which is incorporated in full herein by this reference and requires the Applicant, its successors or assigns, to comply with all provisions of DDA 03-01 until a Notice of Completion, as defined in DDA 03-01, has been issued. The Declaration shall be recorded against all the real property covered by the Tentative Tract Map. The City shall be named as a party entitled to enforce the Declaration. HOMEBUYER NOTIFICATION (1) 5.1 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 noise and train noise that may impact the subdivision. 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. In addition, the notice shall indicate the estimated increase in the number of trains per day on the rail corridor. The current number of trains per day is 59. b, A notice, to be reviewed by the City of Tustin and the Irvine 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. City Council Resolution No. 03-43 March 17, 2003 Page 13 C, d, e, go h, ko 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. 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. A notice indicating that public use of a portion of the park site will be allowed and noting public ingress and egress through the subdivision will be provided. A notice explaining the easements, facilities, amenities, and dedications that will be provided on Lots BB and DD. A notice regarding future construction activities related to bikeway construction and future widening of the Peters Canyon Orange County Flood Control Channel (OCFCD) and future planned improvemehts along the western boundaries of the subdivision, which may be disruptive to the homeowners in close proximity to these areas. 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 or alleyway thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the common area and any indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. A notice stating that all development within the site is approved for ownership tenure only per Chapter 3.9.3J5 of the MCAS Tustin Specific Plan. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. 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 City Council Resolution No. 03-43 March 17, 2003 Page 14 and that the City of Tustin makes no claim, guarantee that views from any unit will be development of surrounding properties occurs. warranty, or preserved as A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. m. A notice explaining and providing a .copy of the approved "Private Open Space Exhibit" and separate 8~ inch by 11 inch dimensioned site plan for each unit that is allocated private open space. n, A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. Oo A notice explaining that 78 affordable housing units will be dispersed throughout the subdivision and will remain affordable for a period of forty-five (45) years. p, A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. q, The developer shall notify all potential homebuyers that future Assessment/Maintenance Districts may affect the property. ENVIRONMENTAL MITIGATION (1) 6.1 Additional measures related to the tentative tract map application as noted in the adopted FEIS/EIR and that are not previously identified in this exhibit as a condition of approval are required as follows: ao Prior to any final map recordation, the development applicant shall enter into an agreement with the City of Tustin and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate all easement, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project. b, Prior to any final map approval, the development applicant shall enter into an agreement (DDA) to participate on a pro-rated basis in Tustin Legacy backbone infrastructure. Co Prior to the approval of a subdivision map, the developer- applicant shall design and construct local drainage systems for City Council Resolution No. 03-43 March 17, 2003 Page 15 conveyance of the 10-year runoff. If the facility is in a local sump, it shall be designed to convey the 25-year runoff. d. Prior to approval of a subdivision map, an agreement shall be executed with the OCFCD and the County of Orange for the construction of ultimate flood control facilities and regional bikeways. Interim flood control facilities may be considered for approval provided such facilities meet OCFCD requirements. e, Prior to the first final map recordation, or building permit issuance, as applicable within the City of Tustin, the project developer shall be required to provide evidence of compliance with all requirements and standards of the City of Tustin park code and requirements of DDA 03-01. FEES (1) 7.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. Special Counsel fees will be determined upon submittal of documents for review. (1) 7.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 7.3 The subdivider shall submit in-lieu parkland dedication fees in a cash amount of $1,544,493 and a performance bond in the amount of $2,436,460, in accordance with DDA 03-01 and prior to issuance of the first building permit, such performance bond amount shall be decreased upon compliance by developer with Subsection (2) and (3) of the provisions of Section 8.16 of DDA 03-01. City Council Resolution No. 03-43 March 17, 2003 Page 16 (1) 7.4 All fees required pursuant to City and outside agency requirements as identified in Resolution No. 3864.