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HomeMy WebLinkAbout01 T.T. MAP 16507 09-15-03AGENDA REPORT Agenda Item Reviewed: City Manager ~ Finance Director MEETING DATE: SEPTEMBER 15, 2003 TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT VESTING TENTATIVE TRACT MAP 16507 SUMMARY On August 25, 2003, the Planning Commission approved Concept Plan 02-003, Design Review 03-018 and Conditional Use Permit 03-016, and recommended approval of Vesting Tentative Tract Map 16507 for development of 189 residential units in Planning Area 21 of the MCAS-Tustin Specific Plan. Applicant: Owner: WL Homes (dba John Laing Homes) City of Tustin RECOMMENDATION: That the City Council: Adopt Resolution No. 03-112 finding that Vesting Tentative Tract Map 16507 is within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan; and, Adopt Resolution No. 03-113 approving Vesting Tentative Tract Map 16507 to subdivide 36.84 gross acres into 143 numbered lots and 36 lettered lots for the purpose of developing 189 residential units in Planning Area 21 of the MCAS- Tustin Specific Plan. FISCAL IMPACT: The Vesting Tentative Parcel Map is an applicant-initiated project. The applicants have paid applicable fees for the processing of this map. BACKGROUND/DISCUSSION: Vesting Tentative Tract Map 16507 is a request to subdivide 36.84 acres (gross) to develop 189 residential units in Planning Area 21, including 138 single-family detached City Council Report Vesting Tentative Tract Map 16507 Page 2 of 4 units and 51 patio homes (Attachment B). The patio home product would be under condominium ownership and associations would be established for both products. The site is bounded by Edinger Avenue on the north, Harvard Avenue and City of Irvine medium high density and medium density residential areas on the east, the Peters Canyon Flood Control Channel and Jamboree Road on the west, and Moffett Avenue and existing former military housing on the south. The site is part of the approximately 977 acres initially conveyed to the City for redevelopment of the former Marine Corps Air Station (MCAS) and is located within Neighborhood G and Planning Area 21 of the MCAS Tustin Specific Plan (Attachment A - Location Map/Neighborhood Map). 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 02-003 by the Planning Commission for the design of .the site; · Approval of Vesting Tentative Tract Map 16507 by the City Council for the subdivision of the site; · Approval of Design Review 03-018 by the Planning Commission for architecture and site design; and, · Approval of Conditional Use Permit 03-016 by the Planning Commission for development of patio homes. On August 25, 2003, the Planning Commission held a public hearing on the project and adopted Resolution Nos. 3884 and 3886 approving Concept Plan 02-003, Design Review 03-018 and Conditional Use Permit 03-016, and Resolution No. 3885 recommending approval of Vesting Tentative Tract Map 16507 to the City Council (Attachment B). The Disposition and Development Agreement (DDA) 03-03 between the City and WL Homes (John Laing Homes) for the sale and development of Parcel 34 is also scheduled for City Council consideration on September 15, 2003. Vesting Tentative Tract Map 16507 As previously noted, the 36.84-acre project site would be subdivided into 143 numbered lots and thirty-six (36) lettered lots for the purpose of developing a private residential project with 189 residential units (Attachment C -Vesting Tentative Tract Map 16507). The map includes the following lots: City Council Report Vesting Tentative Tract Map 16507 Page 3 of 4 · Lots 1 through 138 will accommodate single-family dwellings. · Lots 139 to 142 will accommodate condominium ownership of the patio home product. · Lot 143 will accommodate the park site, including a green field, swim center, and recreational building. · Lots A through G will accommodate private streets, drives, and alleys. · Lots H through JJ will accommodate perimeter and common area landscaping. Development of the site would require on-site and off-site infrastructure improvements, including final design, alignment, and construction of Moffett Avenue from Harvard Avenue to Peters Canyon Wash Bridge. Moffett Avenue would be aligned with the centerline of Paseo West Park in the City of Irvine at the east end and the centerline of the columns of the Jamboree Road Bridge on the west. Moffett Avenue would include backbone infrastructure improvements including a Class II bike trail, a new domestic water line per the requirements of the Irvine Ranch Water District, a new brine line, a new reclaimed water line per the requirements of the Irvine Ranch Water District, a new sanitary sewer line per the requirements of the Irvine Ranch Water District, and a storm drain with adequate capacity to accommodate runoff from the proposed development. The development would also require installation of new backbone underground dry utilities (electric, gas, cable TV, telephone, etc). As a result of the proposed development, the developer will be required to dedicate in fee title corner cut-offs at intersection of Harvard Avenue and Edinger Avenue and Harvard Avenue and Moffett Avenue, three (3) feet street right-of-way along Harvard Avenue for street widening, and additional right-of-way along Moffett Avenue as may be required for street alignment. Fee title 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. E NVI RON ME NTAL: 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). The proposed density is consistent with development intensity 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 (Exhibit I of Resolution No. 03-112). 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. City Council Report Vesting Tentative Tract Map 16507 Page 4 of 4 A decision to approve Vesting Tentative Tract Map 16507 may be supported by the findings contained in Resolution Nos. 03-112 and 03-113. Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A- Location Map/Neighborhood Map B - Planning Commission Staff Report dated August 25, 2003, and Resolution Nos. 3883, 3884, 3885, and 3886 C - Vesting Tentative Tract Map 16507 D- Resolution Nos. 03-112 and 03-113 S:\Cdd\CCREPOR'F~JLH*MCAS TUSTIN.doc ATTACHMENT A CITY COUNCIL REPORT Location Map/Neighborhood Map LOCATION MAP ! PROJECT NO. ADDRESS Project Site cr'tY MAP Chapter 2 · Plan Description I Il ! ! I I I I I I I I I SCRRA/OCTA RNLROAD EDINGER AVE VALENCIA AVE T/[I-I WARNER AVE SANTA ANA/$ANTA FE CHANNEL (FIO) Neighborhoods ROAD HS AVE CC BARRANCA . ~ ,., ~ MILITARY LEGEND m m F'~ m m 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 IRVINE/TUSTIN/SANTA ANA BOUNDARY SPECIFIC PLAN BOUNDARY MOUNTAIN LDR THIS IS A GRAPHIC E~EPE~ESENTATION OF A PbANNING/ENGINEER~NG CONCEP"~ FINAL DESIGN SOLUTIONS (LOCATION AND SIZING) W1LL BE PROPOSED AND REVIEWED AS PART OF SUBSEQUENT APPROVALS NEEDED BY ME RESPECTIVE AGENCY Wl1~ JURISDICTION, 8THE PLANNING CENTER MCAS Tusvin Spec~? Plan/Reuse Plan City of Tmtin Figmz 2-2 ATTACHMENT B · CITY COUNCIL REPORT Planning Commission Staff Report dated August 25, 2003, and Resolution Nos. 3883, 3884, 3885, 3886 Report to the ITEM#4 Planning Commission DATE: AUGUST 25, 2003 SUBJECT: CONCEPT PLAN 03-002, 16507, DESIGN REVIEW PERMIT 03-016 VESTING TENTATIVE TRACT MAP 03-018, AND CONDITIONAL USE APPLICANT: JOHN LAING HOMES 3121 MICHELSON DRIVE, SUITE 200 IRVINE, CA 92612 OWNER: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 LOCATION: SOUTHWEST CORNER OF HARVARD AVENUE AND EDINGER AVENUE, PLANNING AREA 21, AND NEIGHBORHOOD G OF MCAS TUSTIN SPECIFIC PLAN ZONING: LOW 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 TUSTIN SPECIFIC PLAN, ADEQUATELY ADDRESSES ENVIRONMENTAL CONSIDERATIONS ASSOCIATED WITH THE PROPOSED PROJECT. NO ADDITIONAL ENVIRONMENTAL DOCUMENTATION WILL BE PREPARED. PROJECT: 1) CONCEPT PLAN 03-002 FOR DEVELOPMENT OF 189 RESIDENTIAL UNITS IN PLANNING AREA 21; 2) VESTING TENTATIVE TRACT MAP 16507 SUBDIVIDING 36.84 ACRES FOR DEVELOPMENT OF 143 NUMBERED LOTS AND 36 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 189 RESIDENTIAL UNITS; 3) DESIGN REVIEW 03-018 FOR SITE AND ARCHITECTURAL DESIGN FOR THE DEVELOPMENT OF 189 RESIDENTIAL UNITS, INCLUDING 138 SINGLE FAMILY DETACHED UNITS AND 51 PATIO HOMES; AND, Planning Commission Report Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 2 4) CONDITIONAL USE PERMIT 03-016 FOR DEVELOPMENT OF PATIO HOMES. RECOMMENDATION That the Planning Commission: Adopt Resolution No. 3883 recommending that the City Council find that Tentative Tract Map 16507 is within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan and finding that Concept Plan 03-002, Design Review 03-018, and Conditional Use Permit 03-016 are within the scope of the adopted Final EIS/EIR for MCAS Tustin Specific Plan; 2. Adopt Resolution No. 3884 approving Concept Plan 03-002; Adopt Resolution No. 3885 recommending that the City Council approve Vesting Tentative Tract Map 16507 for the subdivision of 143 numbered lots and thirty- six (36) lettered lots for the development of 189 residential units; and, Adopt Resolution No. 3886 approving Design Review 03-018 and Conditional Use Permit 03-016 for the site and architectural design for the development of 189 residential units, including 138 single family detached units and 51 patio homes. BACKGROUND The project site is part of the approximately 977 acres initially conveyed to the City for redevelopment of the former Marine Corps Air Station (MCAS) Tustin (Attachment A - Location Map). The site is bounded by Edinger Avenue 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 Moffett Avenue and existing former military housing on the south. The site currently contains 278 units of military housing that are no longer habitable and are proposed to be demolished. The project site is comprised of 36.84 (gross) acres owned by the City. A Disposition and Development Agreement (DDA) between the City and WL Homes (dba John Laing Homes) for the sale and development of Parcel 34 is scheduled to be considered by City Council on September 2, 2003. DISCUSSION The applicant is requesting approval to construct 189 residential units in Planning Area 21, including 138 single-family detached units and 51 patio home units. Planning Area 21 is located within Neighborhood G, which is intended to be a Iow-density residential enclave within Tustin Legacy and provide a desirable transition from the commercial Planning Commission Report Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 3 areas of Tustin Legacy to existing Tustin and Irvine residential areas (Attachment B - Neighborhood Map). 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 the 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 03-002 (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 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 16507 To support the proposed development described in more detail in the following sections, the project site would be subdivided into 143 numbered lots and thirty-six (36) lettered lots for the purpose of developing 138 single family parcels and a private condominium project with 51 residential units (Attachment D - Development Plans). The tract would include the following lots: Lots 1 through 138 will accommodate single-family dwellings. Lots 139 to 142 will accommodate a condominium ownership for the patio home product. Lot 143 will accommodate the park site, including the green field, swim center, and recreational building. Lots A through G will accommodate private streets, drives, and alleys. Lots H through JJ will accommodate perimeter and common area landscaping. Development of the site would require on-site and off-site infrastructure improvements, including final design, alignment, and construction of Moffett Avenue from Harvard Avenue to Peters Canyon Wash Bridge. Moffet Avenue would include a Class II bike trail, a new domestic water line per the requirements of the Irvine Ranch Water District, a new brine line, a new reclaimed water line per the requirements of the Irvine Ranch Water District, a new sanitary sewer line per the requirements of the Irvine Ranch Planning Commission Report Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 4 Water District, and a storm drain in Moffett Avenue with adequate capacity to accommodate runoff from the proposed development. The development would also require installation of new backbone underground dry utilities (electric, gas, cable TV, telephone, etc). Moffett Avenue would be aligned the centerline of Paseo West Park in the City of Irvine at the east end and the centerline of the columns of the Jamboree Road Bridge on the west. Resolution No. 3885 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 03-018 and Conditional Use Permit 03-016 The development of Iow density 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 138 single family detached family units and 51 patio home units are proposed, at a density of 7 units per acre as allowed by the MCAS Tustin Specific Plan. The site is designed with a park site at the center and two clusters of patio homes to the north and south of the park site. Single family detached units comprise the remainder of the site. Development Standards 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. In addition, Section 3.9.4.1.3 of the MCAS Tustin Specific Plan requires providing affordable housing units within Planning Area 21. A total of 40 affordable units, including 11 very Iow income units, 10 Iow income units, and 19 moderate income units are proposed to be provided within the patio home product within the center of the site. 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. In addition, development of the site requires transitional housing accommodations for the homeless for the Salvation Army. Condition 12.2 of Resolution No. 3886 requires the developer to satisfy this obligation pursuant to the Reuse Plan and Specific Plan. Access, Circulation, Traffic, and Parking The site is designed with a main entrance from Edinger Avenue and a secondary entrance from Moffett 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 alleys in a modified "grid" pattern with two 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. Planning Commission Report Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 5 A pedestrian link to Harvard Avenue and Moffett Avenue would be provided from the site. The development would include two paseos that would provide direct linkages to the future trail planned along Peters Canyon Channel. A joint traffic analysis was prepared for development of Planning Area 20 and Planning Area 21. The study concluded that a traffic signal would be required for the project entries at Edinger Avenue. The developer of Planning Area 20 is required to design and install the traffic signal and the developer of Planning Area 21 would be responsible for fifty (50) percent of the design and construction costs of the traffic signal and associated improvements. The developer is also required to modify the traffic signal at the intersection of Harvard Drive/Moffett Avenue/Paso West Park in the City of Irvine. In addition, a warrant analysis will be required to determine whether a traffic signal is needed at the intersection of Moffett Avenue and the project access. If the traffic signal is needed, the developer would be responsible for fifty (50) percent of the design and construction costs to be shared with a future developer of the site to the south. All units are designed with an attached two-car garage; 378 enclosed garage spaces would be provided. Based on the number of proposed units, 95 guest parking spaces would be required, as follows: Unit Type Single Family Total 138 units Required Covered Space 2 Garage 276 garage spaces Required Guest Parking 0.5 per unit 69 spaces Patio Homes Total (51 units) 2 Garage 102 garage spaces 0.5 per unit 26 spaces Total (Project) 378 garage spaces 95 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 221 parallel guest parking spaces would be provided. In addition, twenty (20) guest parking stalls would be provided on the north and south side of the park in proximity to patio homes, where on-street parking may not be readily available due to garage access and street layout. Condition 9.1 of Resolution No. 3885 would require the developer to prepare CC&R provisions to 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 9.1 of Resolution No. 3885 would require the homeowners association to enforce bin placement and Condition 10.1 of Resolution No. 3885 would require homebuyer notification. Planning Commission Report Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 6 Open Space A 1.7-acre recreational area, including a swim center and clubhouse and public multi- purpose field area, would be located in the center of the site at the terminus of the main entry streets. The site would also include 2.5 acres of commonly owned open space within the site and perimeter landscaping. Since the MCAS 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 make a one (1) acre portion of the park site accessible to the public and provide public easements to the site. The requirements for parkland dedication and in-lieu fees will be included in the DDA to be considered by the City Council. In addition, Condition No. 7.1A of Resolution No. 3885 would provide for recordation of public access easements to the park area that will be accessible to the public, and Condition No. 10.1 of Resolution No. 3885 would require homebuyer notification regarding the public use of the park. Site and architectural plans for the park site would be provided as a separate submittal per Condition 9.2 of Resolution No. 3888, which requires approval of the Community Development Department for the park design. Architecture The site is designed with a park site at the center, two clusters of patio homes to the north and south of the park site, and single family detached residential units surrounding the park and patio homes. The architecture of the residential products have been designed to be complementary in style, materials, and colors. The two-story patio home product includes three (3) floor plans that range in size from 1,557 square feet to 2,327 square feet designed in Craftsman, Victorian, and Spanish architectural styles (Attachment D - Submitted Plans). The single-family product includes six (6) floor plans ranging in size from 2,549 to 3,387 square feet designed in Craftsman, Monterey, Cottage, Spanish and Farmhouse architectural styles (Attachment D - Submitted Plans). All of the plans include a variety of roof and elevation designs to provide variety. In addition, the applicant has submitted enhanced elevations for the units located along Edinger Avenue, Harvard Avenue, and Moffett Avenue. Condition No. 9.1 of Resolution No. 3886 requires that these elevations be designed with adequate articulation, subject to review and approval of the Community Development Director. With the single family detached products, some of the side elevations on private streets are designed with a straight wall and no architectural articulation. Condition 9.9 of Resolution No. 3888 requires that wall off sets or architectural articulation be provided on the side elevations facing streets to ensure sufficient visual interest. Planning Commission Report Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 7 The recreational area with a swim center and clubhouse and public multi-purpose field area would be located in the center of the site. As noted under "Open Space", the building and site design of the recreational facility would be reviewed at plan check and subject to approval by the Community Development Director. Condition No. 9.2 of Resolution No. 3886 would require the design to be reflective of the architectural styles in the tract. LandscapinR A variety of vertical and broad dome trees are proposed to create the design mixture that is required for the perimeter roadway streetscapes by Section 2.17 of the MCAS Tustin Specific Plan (Attachment D - Landscape Concepts). The streetscape along Edinger Avenue will feature a nine (9) foot meandering sidewalk and Chinese Flame, Canary Island and Afghan pines, California Pepper, and Brisbane Box trees. Two (2) large entry landscape areas of approximately 13,600 square feet are proposed at both sides of the primary entrance from Edinger Avenue. Harvard Avenue will include a (5) foot wide meandering sidewalk and Eucalyptus, Jacaranda, London Plane, and California pepper trees. The Moffett Avenue streetscape includes a five (5) foot wide sidewalk with Blue Gum, Brisbane Box, and Afghan Pine trees. Since the project site is a significant entry to Tustin Legacy, the project corners of Harvard Avenue and Moffett Avenue would 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 for Parcel 34. The project corner of Harvard Avenue and Edinger Avenue includes a decorative monument that will match the approved tract north of the site (Attachment D - Preliminary Concepts). A portal entry with an accent tree would be installed at the northeast corner of Harvard Avenue and Moffett Avenue as required by Section 2.17 of the MCAS Tustin Specific Plan. In addition, the two entries to the site will feature a variety of trees including Camphor trees, Goldenrain tree, Southern Magnolia, Chinese Pistache, and enhanced paving. The interior of the site is designed with the park site as a focal point. The interior streetscape includes a five (5) foot sidewalk and landscaping including 305 24-inch box trees of a wide variety such as Orchid trees, Bottle trees, Crape myrtle, and African Sumac. Three (3) pedestrian access is proposed from the site to Edinger Avenue, Moffett Avenue, and the future Peters Canyon trail. All perimeter and interior landscape and hardscape within common areas would be installed by the developer and maintained by the homeowners association. The specific location, species, and number of trees, shrubs, and groundcovers would be identified at plan check, subject to review and approval of the Community Development Department. Planning Commission Report Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 8 Retaining Walls/Sound Walls Perimeter sound and retaining walls would be installed parallel to Edinger Avenue, Harvard Avenue, Moffett Avenue, and Peters Canyon Flood Control Channel (Attachment D - Wall Diagram). Interior walls and fencing would be installed to define private open space areas and the recreational facilities at the park site. Sound attenuation measures are required to be included in the project in accordance with Section 3.9.4.J of the MCAS Tustin Specific Plan and adopted mitigation measures of the FEIS/EIR. To determine the types of measures, a noise analysis was prepared and submitted that indicates a sound wall should be installed on all four perimeters of the site (Attachment E - Submitted Noise Analysis). The sound walls will provide a maximum exterior noise standard of 65 dB CNEL in outdoor living areas, and building construction techniques will ensure an interior noise level of maximum 45 dB CNEL in all habitable rooms, as required by Tustin City Code Sections 4614 and 4615 related to noise standards for residential uses. Conditions 14.1 and 14.2 are included to ensure that these requirements are reflected in the design of the project. Along Edinger Avenue the sound wall would be five and half (5.5) feet in height and along Harvard Avenue and Moffett Avenue the sound walls would be five (5) feet in height from the top of the landscape sloped setback (Attachment D - Submitted Plans). Since the site will be raised to drain to the southwest corner of the property, a retaining wall/sound wall combination is proposed at the westerly property line along the Peters Canyon Flood Control Channel that would result in a wall height of more than sixteen (16) feet at the northwest corner of the site. While a stepped keystone retaining wall design would improve the appearance of the wall along the channel, it would require approximately five (5) to ten (10) feet of retaining slope. Since the proposed residential units along the west of the site are designed with minimum rear yard setback, the slope cannot be accommodated within the project site. The slope design would need to be incorporated into the design of the future Peters Canyon trail. However, there is sufficient area at the northwest corner of the project site to include berming and landscape screening. Condition 10.8 of Resolution No. 3886 would ensure that the northwest corner of the site would have sufficient berming and landscaping to screen the view of the wall from Edinger Avenue. In addition, for the paseo connection from the interior of the project to the future Peters Canyon trail, Condition 10.7 of Resolution No. 3886 would require a flared design with accent screening trees to avoid a tunnel effect. Model Home Sales Complex and Phasinq Plan Two (2) model complexes for the two (2) products are proposed in the northeast portion of the site (Attachment D - Phasing Plan). The single family detached units are proposed to be built in six (6) phases and the patio home units are proposed to be built in four (4) phases. The applicant would be required 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 03-002, Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 August 25, 2003 Page 9 Demolition There are 278 military housing units that are no longer habitable on the project site. These units are proposed to be demolished. Conditions 6.1 to 6.3 of Resolution No. 3886 require submittal of a demolition plan. The demolition plan will be required to include provisions for the developer to manage the removal of any asbestos and lead-based paint from the site as stipulated in the deed for the property including Finding of Suitability (FOST) #3, satisfy any mitigation measures as required by the adopted EIS/EIR for MCAS Tustin, and comply with DDA 03-03 for Parcel 34. 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). The proposed density is consistent with development intensity 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 (Exhibit 1 of Resolution No. 3883). 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. 3885 and 3886. A decision to approve the proposed project may be supported by the findings contained in Resolution Nos. 3883, 3884, 3885, and 3886. Minoo Ashabi V Associate Planner Karen Peterson Senior Planner Attachments: A - Location Map B - Neighborhood Map C - Concept Plan D - Development Plans and Vesting Tentative Tract Map 16507 E - Noise Analysis F - Statistical Summary G - Resolution Nos. 3883, 3884, 3885, 3886 ATTACHMENT A Location Map LOCATION MAP ! PROJECT NO. ADDRESS Project Site ATTACHMENT B Neighborhood Map Chapter 2 · Plan Description SCRRA/OCTA RAILROAD EDINGER AVE S.NNTA ANA/SANTA FE CHANNEL (Fl0) ROAD z Neighborhoods TUST,N CO.MUTER RAIL STATION SITE~ ROAD VALENCIA AVE T/EH HS CC AVE WARNER AVE J MOUNTAIN J iil J II PKWY LEGEND ~ ~ ~ ~ILITARY 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 IRVINE/TUSTIN/SANTA ANA BOUNDARY SPECIFIC PLAN BOUNDARY LDR THIS IS A GRAPHIC REPRESENTATION OF A PLANNING/ENGINEERING CONCEP[ FINAL DESIGN SOLUTIONS (LOCAllON AND SIZING] W1LL BE PROPOSED AND REVIEWED AS PART OF SUBSEQUENT APPROVALS NEEDED BY THE RESPECTIVE AGENCY WITH JURISDICTION, ___.THE PLANNING CENTER MCAS Tustin Specific Plan~Reuse Plan City of Tustin Figure 2-2 ATTACHMENT C Concept Plan llil 1: Gill , I :, :~}, -I .... :[I. ,l,{{~ Ill: {k.i{,l[. ,{l, h, fi{l:,:, ~:,,-~' ~,.::::::::::.::: · .~ ~ . . ~i. , ATTACHMENT D Development Plans and Vesting Tentative Tract Map 16507 *[ t ATTACHMENT E Noise Analysis PRELIMINARY NOISE ANAI~YSIS FOR PA-21, TENTATIVE TRACT 16507 CITY OF TUSTIN Report # 03-162.A June 26, 2003 (Revised July 27, 2003) RECEIVED ALf$ ~ § 2003 Prepared for: John Laing Homes 895 Dove Street, Suite 110 Newport Beach, CA 92660 Prepared By: Fred Greve, P.E. Tanya Moon MESTRE GREVE ASSOCIATES 27812 E1 Lazo Road Laguna Niguel, CA 92677 Phone (949) 349-0671 Fax (949) 349-0679 Mestre Greve Associates Noise Assessment for PA-21, Tentative Tract 16507 Page 1 SUMMARY PRELIMINARY EXTERIOR NOISE ANALYSIS FOR PA-21, TENTATIVE TRACT 16507 CITY OF TUSTIN EXTERIOR NOISE MITIGATION The exterior living areas in the project must comply with the exterior noise standard of 65 CNEL. A number of rear yards in the project will be exposed to worst case traffic noise levels in excess of the 65 CNEL, and therefore, mitigation measures will be necessary. The results of the analysis indicate that in order to meet the 65 CNEL exterior noise standard, noise barriers between 5.0 and 6.5 feet high will be required for the exterior living areas adjacent to Jamboree Road, Edinger Avenue and Harvard Avenue. The required noise barrier locations and heights are listed below in Table S, and shown in Exhibit S. The noise barriers should be relative to the pad elevations of the lots. Lots adjacent to Moffett Drive will experience noise levels of less than 65 CNEL, and therefore, will not require noise barriers. TABLE S REQUIRED EXTERIOR LIVING AREA NOISE BARRIER LOCATIONS AND HEIGHTS LOCATION REQUIRED BARRIERHEIGHT(a.) ALONG JAMBOREE ROAD 7 6.5 8, 9, 16 through 19, 43 through 54 6.0 ALONG EDINGER A VENUE 1 through 6, and 131 through 137 ALONG HARVARD A VENUE 5.5 NOTE: Noise barrier heights should be relative to the pad elevations of the lots. The noise barriers may consist of a wall, a berm, or a combination of the two. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these material. 130 6.0 109 through 129 5.0 Note distance to centerline of adjacent roadways per analysis. N.T.S. Lots requiring mechanical ventilation. (All mechanical alc units needs to be installed prior to issuance of a certification of occupancy or final inspection.) Exhibit S I i,IESTRE GREVEASSOCIATESRequired Noise Barrier Heights and Locations Mestre Greve Associates Noise Assessment for PA-21, Tentative Tract 16507 Page 2 For paseo openings along Harvard Avenue and Jamboree Road, the required walls can be wrapped around the sides of the lots next to these openings as indicated in the exhibit. If there are any second floor balcony deck areas facing Jamboree Road, Edinger Avenue and Harvard Avenue, additional noise analysis will be required to determine noise barriers necessary to meet the 65 CNEL noise standard. This can be done when architectural plans are available. INTERIOR NOISE LEVELS The second floor exterior building surfaces will be exposed to maximum traffic noise levels of approximately 66.0 CNEL along Jamboree Road, 68.0 CNEL along Edinger Avenue, and 64.9 CNEL along Harvard Avenue. In order to meet the City's 45 CNEL interior noise standard, the buildings will need to achieve outdoor to indoor noise attenuations of at least 21 dB, 23 dB and 19.9 dB, respectively. Detailed engineering calculations are necessary for building attenuation requirements greater than 20 dB. A future noise study will be required to address the interior noise levels of the homes along Jamboree Road and Edinger Avenue when final architectural drawings become available and prior to the issuance of building permits. MECHANICAL VENTILATION Since the noise attenuation of a building falls to about 12 dB with windows ~all buildings exposed to noise levels greater than 57 CNEL will meet the 45 CNEL interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per the California Building Code (2001 California Building Code, Section 1203.3). Mechanical ventilation will be required for the homes in Lots 7 through 19, Lots 43 through 55 along Jamboree Road; Lots 1 through 7, 14, 51 and Lots 130 through 138 along Edinger Avenue; Lots 107 through 129 along Harvard Avenue. Refer to Exhibit S for lots requiring mechanical ventilation. (Mechanical ventilation should be installed prior to final inspection and a buyer notification is required for these homes). Air conditioning units may be an adequate substitute for mechanical ventilation as long as they meet the ventilation requirements specified in the California Building Code. The acceptability of using air conditioners to meet the mechanical ventilation requirement varies by municipality. Local jurisdiction and the mechanical engineer for the project should be consulted. Mestre Greve Associates Noise Assessment for PA-21, Tentative Tract 16507 Page 3 PRELIMINARY EXTERIOR NOISE ANALYSIS FOR TENTATIVE TRACT 16507 (PA-21) CITY OF TUSTIN 1.0INTRODUCTION The purpose of this report is to assess compliance of Tentative Tract 16507 with the noise related conditions of approval placed on the project by the City of Tustin. The project calls for the development of single-family homes. This report addresses the future noise levels at the project site in relation to the 65 CNEL exterior noise standard adopted by the City of Tustin. The project is located in the City of Tustin (see Exhibit 1). The primary noise source in the project area is traffic noise from Edinger Avenue, Harvard Avenue and Jamboree Road (see Exhibit 2). Site plan information was provided by Hunsaker and Associates, Inc., June 23, 2003. 2.0 CITY OF TUSTIN NOISE STANDARDS The City of Tustin specifies outdoor and indoor noise limits for residential land uses. Both standards are based upon the CNEL index. CNEL or Community Noise Equivalent Level is a 24 hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise occurring during certain noise- sensitive time periods is given more significance because it occurs at these times. In the calculation process, noise occurring in the evening time periOd (7 p.m. to 10 p.m.)is increased by 5 dB, while noise occurring in the nighttime period (10 p.m. to 7 a.m.) is increased by 10 dB. These time periods and increases were 'selected to reflect increased sensitivity to noise while sleeping, eating and relaxing. The City of Tustin (General Plan Noise Element) has adopted an exterior noise standard of 65 CNEL and an interior noise standard of 45 CNEL. 3.0 METHODOLOGY The traffic noise levels projected in this report were computed using the Highway Noise Model published by the Federal Highway Administration ("FHWA Highway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the "equivalent noise level". A computer code computes equivalent noise levels for each of the time periods used in CNEL. Weighting and summing these noise levels results in the CNEL for the traffic projections used. PROJECT LOCATION MESTRE GREVE ASSOCIATES Exhibit Vicinity Map Mestre Greve Associates Noise Assessment for PA-21, Tentative Tract 16507 Page 4 4.0 ROADWAY NOISE EXPOSURE The future (year 2020) average daily traffic (ADT) data for Edinger Avenue, Harvard Avenue and Jamboree Road were obtained from Mr. Doug Anderson at the City of Tustin Engineering Department on June 24, 2003. (ADT for Moffett Drive was not available). The roadway speed limits are 60 mph for Jamboree Road and 50 mph for Edinger Avenue (as confirmed by Mr. Doug Anderson on July 22, 2003). Table 1 presents the traffic volumes, vehicle speeds, and roadway grades used in the CNEL calculations. Table 2 presents the traffic distribution used in the calculations. Table 1 Future Traffic Volumes, Speeds and Roadway Grades Roadway Traffic Volume (ADT) Speed Grade (%) Jamboree Road 86,000 60 <3% Edinger Avenue 35,000 50 <3% Harvard Avenue 14,000 45 <3% Table 2 Traffic Distribution per Time of Day (% of ADT) Vehicle Type Day Evening Night ARTERIALS Automobile 75.51 12.57 9.34 Medium Track 1.56 0.09 0.19 Heavy Track 0.64 0.02 0.08 The FHWA model used these assumptions to compute the future noise levels at the project site. Table 3 reports the modeling results in terms of distances to the 60, 65, and 70 CNEL contours. These represent the worst case distances from the centefline of the roadway to the contour value shown. Note that the values given in Table 3 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are included in a subsequent section of this report. Mestre Greve Associates Noise Assessment for PA-2 I, Tentative Tract 16507 Page 5 Table 3 Distance to Noise Contours for Future Traffic Conditions Roadway Distance to CNEL Contour (ft.) From the Centerline of Roadway -70- -65- -60- Jamboree Road 204 439 946 Edinger Avenue 81 175 378 Harvard Avenue 37 80 171 Based on the site plan information, the nearest rear yards are estimated to be .located approximately 358 feet from the centerline of Jamboree Road, 80 feet from the centerline of Edinger Avenue, and 65 feet from the centerline of Harvard Avenue. Based on these distances, the nearest rear yards are projected to be exposed to worst case unmitigated traffic noise levels of approximately 66.2 dBA along Jamboree Road, 69.6 dBA along Edinger Avenue, and 65.8 dBA along Harvard Avenue. The noise analysis was based on softsite conditions which take into account noise attenuation due to ground absorption. 5.0 EXTERIOR NOISE MITIGATION The City of Tustin has adopted an exterior noise standard of 65 CNEL. For the exterior living areas which are exposed to noise levels greater than 65 CNEL, some form of noise mitigation is required. An effective method of reducing the traffic noise to acceptable levels is with a noise barrier. Representative cross-sections along Jamboree Road, Edinger Avenue and HarVard Avenue were analyzed utilizing the FHWA Model to determine the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 65 CNEL exterior noise standard, noise barriers of 5.0 to 6.5 feet high will be required for the exterior living areas adjacent to Jamboree Road, Edinger Avenue and Harvard Avenue. The required noise barrier locations and heights are listed below in Table 4 and Exhibit 2. '£he lots along Moffett Avenue will experience noise levels less than 65 CNEL, and therefore, will not require noise barriers. Mestre Greve Associates Noise Assessment for PA-2 l, Tentative Tract 16507 Page 6 TABLE 4 REQUIRED EXTERIOR LIVING AREA NOISE BARRIER LOCATIONS AND HEIGHTS LOCATION REQUIRED BARRIER HEIGHT (ft.) ALONG JAMBOREE ROAD 7 6.5 8, 9, 16 through 19, 43 through 54 6.0 ALONG EDINGER A VENUE 1 through 6, and 131 through 137 ALONG HARVARD .4 VENUE 5.5 130 6.0 109 through 129 5.0 NOTE: Noise barrier heights should be relative to the pad elevations of the lots. The noise barriers may consist of a wall, a berm, or a combination of the two. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these material. For paseo openings along Harvard Avenue and Jamboree Road, the required walls can be wrapped mound the sides of the lots next to these openings as indicated in the exhibit. If there are any second floor balcony deck areas facing facing Jamboree Road, Edinger Avenue and Harvard Avenue, additional noise analysis will be required to determine any noise barriers necessary to meet the 65 CNEL noise standard. This can be done when architectural plans are available. INTERIOR NOISE LEVELS The nearest second floor exterior building surfaces will be exposed to maximum traffic noise levels of approximately 66.0 CNEL along Jamboree Road, and 68.0 CNEL along Edinger Avenue, and 64.9 CNEL along Harvard Avenue. In order to meet the City's 45 CNEL interior noise standard, the homes in the project will need to achieve outdoor to indoor noise attenuations of at least 21 dB, 23 dB and 19.9 dB, respectively. Detailed engineering calculations are necessary for building attenuation requirements greater than 20 dB. A future study will be needed to address the interior noise levels of the homes along Jamboree Road and Edinger 5.5' Barrie~ Note distance to centerline of adjacent roadways per analysis. N.T.S. Lots requiring mechanical ventilation. (All mechanical alc units needs to be installed prior to issuance of a certification of occupancy or final inspection.) ~4ESTRE GREVE ASSOCIATES Exhibit 2 i Required Noise Barrier Heights and Locations Mestre Greve Associates Noise Assessment for PA-21, Tentative Tract 16507 Page 7 Avenue when final architectural drawings become available and prior to the issuance of building permits. Since the noise attenuation of a building falls to about 12 dB with windows open, all buildings exposed to noise levels greater than 57 CNEL will meet the 45 CNEL interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per the California Building Code (2001 Califomia Building Code, Section 1203.3). Mechanical ventilation will be required for the homes in Lots 7 through 19, Lots 43 through 55 along Jamboree Road; Lots 1 through 7, 14, 51, Lots 130 through 138 along Edinger Avenue; Lots 107 through 129 along Harvard Avenue. Refer to Exhibit 2 for homes requiring mechanical ventilation. (Mechanical ventilation should be installed prior to final inspection and a buyer notification is required for these homes). Air conditioning units may be an adequate substitute for mechanical ventilation as long as they meet the ventilation requirements specified in the California Building Code. The acceptability of using air conditioners to meet the mechanical ventilation requirement varies by municipality. Local jurisdiction and the mechanical engineer for the project should be consulted. Mestre Greve Associates Noise Assessment for PA-21, Tentative Tract 16507 Page 8 APPENDIX A DATA USED TO DETERMINE NOISE LEVELS DESIGN DATA - EXTERIOR LIVING AREA WITH A 5 FT. OBSERVER Lot No. Road Distance Base Of Dist. To Pad Observer Wall Elevation To Wall Wall Observer Elevation Height Height Along Edinger Avenue 130 125 118 110 Along Jamboree Road 54 79.6 358 56.9 363 56.9 5 6.0 49 79 375 59.7 380 59.7 5 6.0 44 75.5 415 56.9 420 56.9 5 6.0 17 68 440 56.9 445 56.9 5 6.0 7 60.6 422 56.9 427 56.9 5 6.5 Along Harvard Avenue 56 65 62.7 70 62.7 5 6.0 55.4 65 61.8 70 61.8 5 5.0 57 70 60.9 75 60.9 5 5.0 59.3 80 59.1 85 59.1 5 5.0 7 60 80 64.8 85 64.8 5 6.5 1 55 85 62.9 90 62.9 5 5.5 136 55 82 63.7 87 63.7 5 5.5 134 56 95 63.3 100 63.3 5 5.5 130 65.6 90 62.7 95 62.7 5 5.5 ATTACHMENT F Statistical Summary Statistical Summary Vesting Tentative Tract 16507 Site Development Standards for Single Family Home Product Standard Required Proposed Density 7 du/acre 7 du/acre Minimum Lot Area 3000 square feet Minimum Lot Width 35 feet 35 feet minimum Building Height 35 feet 35 feet Lot Coverage 50 percent Varies, minimum as required Edinger Avenue 40 feet 40 feet Building Setback Moffett Drive 10 feet 10 feet Building Setback Harvard Avenue 42 feet 42 feet Building Setback Private Street or Drive 5 feet 5 feet Interior Side yard 3 feet Varies, minimum as required minimum aggregate 10 feet Rear yard Setback l 0 feet 10 feet minimum Site Development Standards for Patio Home Product Standard Required Proposed Density 7 du/acre 7 du/acre Site Size None Building Height 35 feet 35 feet Lot Coverage 100 percent as required less setbacks Common Area Open Space 400 square feet 1,247 square feet 50 square feet private open 575 square feet space Edinger Avenue 40 feet 40 feet Building Setback Harvard Avenue 42 feet 42 feet Building Setback Moffett Drive 10 feet 10 feet Building Setback Private Street 10 feet for building Varies, minimum as required 5 feet for garage per Section 3.9.4.H.9 Private Drives/Court 7 feet for building Varies, minimum as required 3 feet for garage per Section 3.9.4.H.9 Building to Building 10 feet or as noted in Section Varies, minimum as required 3.9.4.H Tract Boundary 10 feet or 5 feet if adjacent to As required permanent open space Planning Commission Resolution No. 3883 RESOLUTION NO. 3883 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 EIS/EIR FOR VESTING TENTATIVE TRACT MAP 16507, AND FINDING THAT THE MCAS PROGRAM EIS/EIR (MCAS TUSTIN PROGRAM EIS/EIR) IS ADEQUATE TO SERVE AS THE PROJECT EIS/EIR FOR THE CONCEPT PLAN 03-002, DESIGN REVIEW 03-018, AND CONDITIONAL USE PERMIT 03-016; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: That Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, and Conditional Use Permit 03-016 are considered "projects" pursuant to the terms of the California Environmental Quality Act; and, 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 16507 is within the scope of the previously approved MCAS Tustin FEIS/EIR and hereby finds Design Review 03- 018, Conditional Use Permit 03-016, and Concept Plan 03-002 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 03-03 (Parcel 34) or will be conditions of entitlement approvals (Concept Plan 03-002, Tentative Tract Map 16507, Design Review 03-018, and Conditional Use Permit 03-016); and, The Planning Commission recommends that the City Council find for Tentative Tract Map 16507 and hereby finds for Concept Plan 03-002, Design Review 03-018, and Conditional Use Permit 03-016 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; Resolution No. 3883 Page 2 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 25th day of August, 2003, // ~NDA C JENN NGS.~/ ~ /.~ ',,~- Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3883 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A Of Resolution No. 3883 EXHIBIT A OF RESOLUTION NO. 3883 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C,4 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. 3883) takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evalume the adequacy o£the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Development of 189 residential units in Planning Area 21 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 21, MCAS-Tustin Specific Plan, bounded by Edinger Avenue on the north, the City of Irvine medium high density and 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 3121 Michelson Drive, Suite 200 Irvine, CA 92612 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: Low Density Residential (LDR), Planning Area 21 Project Description: Approval of a Disposition and Development Agreement (DDA) between the City of Tustin and John Laing Homes for conveyance of 36.84 acres and Concept Plan 03-002, Vesting Tentative Tract Map 16507, Design Review 03-018, Conditional Use Permit 03-016 for the purpose of developing 189 residential units including 138 single family detached and 51 patio homes within the site. Surrounding Uses: North: Edinger Avenue, Residential East: City oflrvine, Medium High Density Residential South: Existing Former Military Family Housing West: Jamboree Road 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 [--]Agricultural Resources C. DETERMINATION: [~]Hazards and Hazardous Materials [~Noise [-]Public Services [-]Utilities and Service Systems [--]Aesthetics [~Cultural Resources ['-]Recreation ~]Mandatory Findings of Significance 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 fmd 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 DECLAI~TION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: ~~c_.5~z~ ~ M~noo Ashab~, As~,z~mte Planner Date: "~-- ,_3 {~ dS?~.~ Chd~tir~e A. Shingleton, AssiSt City Manager Date 7- 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 Conservgttion 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 More Significant Severe Impact 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 California 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 (includiag, 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 siguificance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: New More Significant Severe Impact Impacts 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 ora known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1~B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? New More Significant Severe Impact 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 0UALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: New More Significant Severe Impact Impacts No Substantial Change From Previous Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] a) Physically divide an established community? [] [] [] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without.the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING - Would the project: a) Induce substantial population ~owth 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 More Significant Severe Impact Impacts No Substantial Change From Previous Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the tlse 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 More Significant Severe Impact Impacts No Substantial Change From Previous Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X¥I. 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 sufficiem 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? Selq Significant Impact More Severe Impacts No Substantial Change From Previous Analysis ATTACHMENT 1 OF EXHIBIT A OF RESOLUTION NO. 3883 EVALUATION OF ENVIRONMENTAL IMPACTS TENTATIVE TRACT MAP 16507, CONCEPT PLAN 03-002, DESIGN REVIEW 03-018, CONDITIONAL USE PERMIT 03-016 PLANNING AREA 21 - MCAS TUSTIN SPECIFIC PLAN BACKGROUND The fom~er 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 w/th federal law regarding the homeless. In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as mnended, and the California Environmental Quality Act ("CEQA"), the federal government 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 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). OnMay 13, 2002, 977 acres were conveyed to the City and 176 acres were leased to the City. The project site is comprised of 36.84 acres owned by the City and located within a portion of Planning Area 21 of the MCAS Tustin Specific Plan. The project site is bounded by Edinger Avenue on the north, the City of medium density and medium high density residential district and Harvard Avenue on the east, Jamboree Road on the west, and existing fom~er military housing on the south. Access to the site is currently provided fi:om Moffett Avenue. The proposed project would develop 189 units as follows: Single Family Detached Patio Homes Detached 138 Units 51 Units Total 189 Units In accordance with the requirements of the MCAS Tustin Specific Plan Section 3.9.3 (J), forty (40) affordable units (19 moderate-income, 10 low income, and 11 very low income) are required to be dispersed throughout the site. The affordable units would be located in the patio home units in the center of the site. The project includes development of a 1.7-acre recreational site including a minimum one (1) acre public 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 Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CLIP 03-016 Page 2 requirements. Access to the public park site would be provided by public access easements from two entry points to the site with recordation of an easement on Tentative Tract Map 16507. A portion of the site 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 21 was identified as a Low Density Residential (LDR) site, with a development potential of 1-7 dwelling units per acre. There were 711 existing units within Planning Area 21 (Table 3-1, MCAS Tustin Specific Plan). At the time, rehabilitation of these units were considered and therefore the total number of 711 units was included in the land use analysis included in the MCAS Tustin FEIR/EIS for the MCAS Tustin Specific Plan. Planning Area 21 includes 95.5 net acres with potential development of maximum 668 units at 7 units per acre. The net area of the project site is 27-acres that would allow development of 189 units in this site at 7 units per acre, consistent with the FEIS/EIR analysis. All related environmental impacts were addressed in the FEIS/EIR and implementation and mitigation measures were incorporated into the MCAS Tustin 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. 3883). 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 low-density residential units within Planning Area 21 was considered within the FEIS/EIR and will have no negative aesthetic effect on the site when mitigation measures identified in the FEIS/EIR are incorporated with approval of the project. All exterior design is required to be in compliance with Section 2.17.3(A) - Urban Design Guidelines for Residential Development of MCAS Tustin Specific Plan, and the Landscape Concept Section 3.17.2 as they relate to design of Harvard Avenue south of Edinger Avenue, Edinger Avenue from Jamboree Road to Harvard, Moffett Drive, and primary street comers and project entries. Since the site is bounded by two arterials, the Landscape/Screening standards noted in Section 3.11.12. The proposal includes a design review, which requires 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 Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 3 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 as identified in the Mitigation and Implementation Measures matrix (Attachment 2); 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 Tustin Specific Plan (Pages 2-152 to 2-175, 3-146) Tustin Security Ordinance Tusfin 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 changes 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 3-84) Reuse Plan and MCAS Tustin Specific Plan Tustin General Plan Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CLIP 03-016 Page 4 III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? As documented in the FEIS/EIR, the project is part of larger project that was projected to result in air quality impacts. A Statement of Overrid'mg Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Since the project will construct 189 units on an area that previously contained 278 units and will result in less density than previously existed on the site, all environmental impacts related to development of the Specific Plan were considered in the adopted FEIS/EIR. The project would not add any impacts beyond what was analyzed in the adopted 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. 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 Tnstin Specific Plan (Pages 3-33 through 3-37). Tustin General Plan IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department 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 Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 5 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? Ir) 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 watts/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 Require& No mitigation is required. SOUFCeS ; 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 3-144 through 3-154). Tustin General Plan Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CLIP 03-016 Page 6 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? e) 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? Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SItPO) 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 Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-144 through 3-154). Tustin General Plan VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? · Landslides? b) Result in substantial soil erosion or the loss of topsoil? Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CLIP 03-016 Page 7 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform BUilding Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for' the disposal of wastewater? The FEIS/EII~ 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 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 bom the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse ofMCAS 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 3-144 through 3-154). Tusfin General Plan VII. I-gZggDS AND HAZARDOUS MATERL6&S: - 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. 3883 Evaluation of Environmental Impacts TT 16507, DR 03~18, CUP 03-016 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 fi:om 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 concern/rig handling and use of these hazardous substances will reduce potential impacts to below a level of significance. No substantial change is expected fi:om the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEIS/EIR, 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 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 3-144 through 3-154) Finding of Suitability to Transfer (FOST), MCAS Tustin Tustin General Plan. Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 9 HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater suPplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate' or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed project includes construction of 189 residential units that would increase runoff. However, the project will not result in additional impacts beyond what was analyzed in the adopted FEIS/EIR. The project design and construction of facilities to fully contain dra'mage 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 patterns at the site. The project is not located within a 100-year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or mudflow. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CLIP 03-016 Page 10 the implementation of specific best management practices (BMP). Comphance 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 tkom the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS TustLn (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 3-144 through 3-154) FEMA Map (August 9, 2002) 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 Plan for the former base, such as land use designations, zoning categories, recreation and open space areas, major arterial roadways, urban design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project meets the density requirements of Table 3-2 of the MCAS Tustin Specific Plan and development standards of Planning Area 21 as they relate to Single Family Residential Units and Patio Homes as noted in Sections 3.9.4 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 change is expected fi:om the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: The proposed project is consistent with the development standards of the MCAS Tustin Specific Plan as identified by the adopted FEIS/EIR. No mitigation is required. Sources: Field Observation Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 11 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 3-144 through 3-154). Tustin General Plan X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 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. SouFces : Field Observation FEIS/EIR for Disposal and Reuse ofMCAS Tustin (Page 3-91) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-144 through 3-154). Tustin General Plan XI. NOISE: Would the project: 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? Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 12 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 create noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Elements of the Tustin General Plan. 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 comply 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 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 estabhshed engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Mitigaa'on/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 3-144 through 3-154). 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 construct 189 new residential un/ts on a site that includes 278 existing military housing traits that have been vacant since mid-1997. The current condition Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 13 of the housing requires significant improvements prior to occupation. The proposed project will not displace people or necessitate construction of replacement housing elsewhere. The proposed number of residential units is consistent with the density than was previously considered in the FEIS/EIR for MCAS Tustin. The project will remove vacant military housing units; however, it is anticipated that the total number of units for Planning Area 21 upon completion of the entire planning area would be consistent with the number of units considered in the FEIS/EIR for MCAS Tustin. 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 (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 3-144 through 3-154). 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 coma'ms military housing which has been vacant since mid-1997. Development of the site would require public services such as fire and police protection services, schools, libraries, recreation facilities, and biking/hiking trails. Fire Protection. The proposed project will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding demolition, construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations 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 est'unates, square footage of non-residential uses, etc. Development of the site would increase the need for police protection services. The developer as a condition of approval for the project would be required to work with the Tustin Police Department to ensure that adequate security precautions such as visibility, lighting, emergency access, address signage are implemented in the project at plan check. Schools. The proposed project is located within Irvine Unified School District (IUSD). The implementation of the Reuse Plan would provide for a 20-acre school site to IUSD to Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 14 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 pemfit. 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 mount 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 Tusfin City Council. No substantial change is expected from the analysis previousiy completed in the approved FEIS/E[R for MCAS Tustin. Mitigatz'on/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 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-144 through 3-154). 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 84.5-acre Regional Park, a 24-acre Community Park and three (3) Neighborhood Parks of more than five-acres, and five (5) community r/ding and h'hking paths through the property connecting to the regional bikeway/trail system, 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 Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 15 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 s~te 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. 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 3-144 through 3-154) Tustin Parks and Recreation Services Department Tustin General Plan XV. TRANSPORTATION/TRAFFIC: Would the project: 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 Moffett Drive. Internal circulation of the site would be managed through private streets 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. Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 16 The FEIS/EIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tnstin Specific Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overbUrden existing roadways and intersections surrounding the base property. The FEIS/EIR indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400 ADT when the base was fully operational (1993). As a military facility, the FEIS/EIR considered the traffic impact and developed a mitigation program to reduce potential impacts to a level of insignificance. This site will be conditioned to participate in its fair share responsibility for both on-site and off-site circulation mitigation and implementation measures. In addition, construction activities are required to be meet all Transportation related FEIS/EIR Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.). The FEIS/EIR implementation and mitigation measures will reduce potential impacts to' the traffic and circulation system to a level of insignificance. Consequently, 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. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-118 through 3- 142, 4-139 through 4-206 and 7-32 through 7-41) Reuse Plan and MCAS Tnstin Specific Plan (Pages 3-144 through 3-154). 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? Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 17 e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The FEIR/EIR analyzed low-density residential development on the proposed site, which is consistent with the proposed project. Development of the site would require on-site improvements and off-site: infrastructure improvements to utilities and roadway systems, including final design and construction of Moffett Avenue from Harvard Avenue to Peters Canyon Wash Bridge. Improvements to Moffett'Avenue would.include design and installation of a Class II bike trail, a new domestic water line if required by the Irvine Ranch Water District, a new brine line, a new reclaimed water line if required by the Irvine Ranch Water District, a new sanitary sewer line if required by the Irvine Ranch Water District, a storm drain with adequate capacity to accommodate runoff from the proposed development, and new backbone underground dry utilities (electric, gas, cable TV, telephone, etc). In addition, development of the site is required to meet federal, state, and local standards for design of wastewater treatment. The number of proposed units can be supported by the Irvine Ranch Water District for domestic water and sewer services. Improvements to Peters Canyon Channel will be installed at a later date through an implementation agreement between City of Tustin and the Orange County Flood Control District (OCFCD) as previously required by the adopted FEIS/EIR. 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 3-144 through 3-154). Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 18 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 serf-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEIS/EIR mitgafion 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. Mitigation measures were identified in the FEIS/EIR to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation/Monitoring Required: The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR and would be included in the project as applicable. Sources: Field Observations FEIS/EIR for Disposal and Reuse ofMCAS Tustin (pages 5-4 through 5-11) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-144 through 3-154). Tustin General Plan CONCLUSION The summary concludes that all of the proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable Attachment 1 of Exhibit A of Resolution No. 3883 Evaluation of Environmental Impacts TT 16507, DR 03-18, CUP 03-016 Page 19 to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Morfitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR on January 163 2001 and shall apply to the proposed project, as applicable. S:\CddXMINOOLMCAS Tustmh~tanning Area 21- Tract 16507XJLH-PA 2 l-Initial Study-analysis.doe Planning Commission Resolution No. 3884 RESOLUTION NO. 3884 A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONCEPT PLAN 03-002 TO SUBDIVIDE 36.84 ACRES (GROSS) AND DEVELOP 189 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: That WH Homes LLC (dba John Laing Homes) submitted a proper application for Concept Plan 03-002 to subdivide 36.84 acres owned by the City of Tustin for the purpose of developing 189 residential units (138 single family detached and 51 patio homes) in Planning Area 21 of the MCAS Tustin Specific Plan; 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; That WH Homes LLC (dba John Laing Homes) has submitted concurrent development applications identified as Tentative Tract Map 16507, Design Review 03-018, and Conditional Use Permit 03-016; and, That Concept Plan 03-002 is in conformance with the Tustin Area General Plan and MCAS Tustin Specific Plan and .approval of Concept Plan 03-002, subject to conditions contained in Resolution Nos. 3885 and 3886, would achieve the development concepts set forth by the MCAS Tustin Specific Plan, including: 3. 4. 5. 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. Resolution No. 3884 Page 2 II. The Planning Commission hereby approves Concept Plan 03-002 for development of 189 residential units, subject to the conditions of approval attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 25th day of August, 2003. ~~/~~~ Chairperson '"7' ELI~BETH A. BINSACK ~' Planning Commission Secretaw 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. 3884 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) 1.1 1.2 EXHIBIT A - CONCEPT PLAN 03-02 RESOLUTION NO. 3884 CONDITIONS OF APPROVAL All entitlements specified in Resolution Nos. 3884, 3885, and 3886 shall become null and void in the event that the City Council does not approve Disposition and Development Agreement (DDA) 03-03 for Parcel 34 or in case of default by the developer or termination by the City of DDA 03-03 for Parcel 34, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. This will ensure that development proceeds in an orderly manner as specified in DDA 03-03. Approval of Concept Plan 03-02 shall be contingent upon all conditions of approval contained within Resolution Nos. 3885 and 3886 being implemented. Planning Commission Resolution No. 3885 RESOLUTION NO. 3885 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP '16507, TO SUBDIVIDE 36.84 ACRES FOR THE PURPOSE OF DEVELOPING 189 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 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: That a proper application for Vesting Tentative Tract Map No. 16507 was submitted by WL Homes LLC (dba John Laing Homes) requesting subdivision of a 36.84 acre area owned by the City of Tustin, into 143 numbered lots and 36 lettered lots for development of 189 residential units (138 single family units and 51 patio homes) within Planning Area 21 of the MCAS-Tustin Specific Plan, generally bounded by Harvard Avenue to the east, Edinger Avenue to the north, the Peters Canyon Flood Control Channel to the west, and Moffett Avenue to the south; That a public hearing was duly called, noticed, a nd held for said map on August 25, 2003, by the Planning Commission; 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; 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 MCAS Tustin Specific Plan and the City's parkland dedication ordinance (Section 9331 of the Tustin City Code), which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 1.7 acres of 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 forty (40) affordable housing units to be provided in the subdivision and a credit for a minimum of one (1) acre parkland that will be provided and accessible to the public on the park site through public easements on the development site; Resolution No. 3885 TTM 16507 Page 2 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; That the site is located in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential (7 units/acre) development and as conditioned will be 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; 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 is required to pay fair-share contribution as part of the Tustin Legacy Backbone infrastructure Program to satisfy the obligations identified in Agreement No. D02-119 between the Orange County Flood Control District and the City of Tustin related to the improvements required of the Peters Canyon Channel adjacent to the project site. The applicant will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program pursuant to the Disposition and Development Agreement 03-03 (DDA 03-03) for Parcel 34 to be tentatively considered by the City Council on September 2, 2003; That development of the site will require fee dedications along Edinger Avenue and Harvard Avenue for improvements in the public right-of-way for street 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 Resolution No, 3885 TTM 16507 Page 3 access to the project and mitigating individual and cumulative traffic impacts as identified in the FEIS/EIR that could be created by development; and, 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 development of Iow density development within Planning Area 21. 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. 3883 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 16507 for the subdivision of a 36.84 (gross) acre site into 143 numbered lots and 36 lettered lots for the purpose of developing 189 residential units (138 single family units and 51 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 25th day of August 2003. ..-~ ,' A C · EINDA C. JENNING'S ~ · 'Uhairperson · ,,Z ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3885 TTM 16507 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. 3885 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 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 16507 RESOLUTION NO. 3885 CONDITIONS OF APPROVAL Within 24 months from tentative map approval or earlier as may be stipulated in the Tustin Legacy Disposition Development Agreement (Parcel 34), the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision M ap 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, Disposition and Development Agreement 03-03 (DDA 03-03) for Parcel 34, 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 16507 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 or pay fees for horizontal and vertical improvements, Quimby Act obligations, and Tustin Legacy Backbone Infrastructure Program improvements required to be made by the developer pursuant to City procedure or DDA 03-03 (Parcel 34). 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. 3885 TTM 16507 Page 2 (1) 1.5 Prior to final map approval, the subdivider shall submit: A current title report; and, A duplicate mylar of the Final Map, or 8¼ inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, Iandscape, and improvement plans prior to Certificate of Acceptance (1) 1.6 Tentative Tract Map 16507 shall be developed in accordance with Concept Plan 03-002, Design Review 03-018, and Conditional Use Permit 03-016, as approved by Resolution Nos. 3884 and 3886 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. 3866. Prior to approval of the final map the developer shall be in compliance with all applicable provisions of DDA 03-03 for Parcel 34. (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 or insurance are required and provided under the provisions of DDA 03-03 for Parcel 34. (1 1.8 As a condition of approval of Tentative Tract Map 16507, 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 1.9 DDA 03-03 for Parcel 34 shall continue in 'full force and effect without defaults, and all construction and completion of obligstions identified i n D DA 0 3-03 s hall b e satisfied, a s applicable, prior to any final map approval. (1 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 Exhibit A Resolution No. 3885 TTM 16507 Page 3 infrastructure, or a future community facilities district for school purposes, consistent with provisions of Section 8 of the DDA 03-03 for Parcel 34. (1) 1.11 All entitlements noted in Resolution Nos. 3884, 3885, and 3886 shall become null and void in the event that the City Council does not approve DDA 03-03 for Parcel 34 or in case of default_ by the developer or termination by the City of DDA 03-03 for Parcel 34, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. (1) 1.12 The map boundary and parcel dimensions shall be consistent with the deed provided by the City of Tustin for Parcel 34. (1) 1.13 Subdivider's execution of a subdivision and monumentation agreement and furnishing the improvement and monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 1.14 Upon recordation of Final Map, the applicant shall obtain new addresses from the Engineering Division, GENERAL PUBLIC INFRASTRUCTURE IMPROVEMENTS The following general conditions of approval are applicable to both the Off-site Public Infrastructure Improvements and the Tustin Legacy Backbone Infrastructure Improvements. (1) 2.1 Prior to the issuance of precise grading permits, building permits, or recordation of the final map, whichever occurs first, separate 24" by 36" street improvement plans prepared by a California Registered Civil Engineer shall be required for all construction within the public right-of-way (whether construction is project related or part of the Tustin Legacy Backbone Infrastructure Program). All design and construction of improvement work shall be performed in accordance with the applicable portions of the City of T ustin's "Standard Drawings and Design Standards for Public Works Construction". Construction and/or replacement of any missing or damaged public improvements are required adjacent to this development. Said plans shall include, but not be limited to, the following: a) Any and all curbs and gutters on public streets. b) Sidewalks on public streets including curb ramps for the physically disabled. The project shall comply with City of Tustin Standard Plan No. 204 for construction of meandering sidewalks and shall comply with ADA Exhibit A Resolution No. 3885 TTM 16507 Page 4 c) d) e) g) h) accessibility requirements for all proposed sidewalk grades on public streets. All public sidewalks, paseos, and trail facilities shall comply with the provisions of the American with Disabilities Act. Drive aprons; Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons, in all street intersections and along the primary paths of travel through the site. Signing/striping plans: Prior to the start of final design for Tract 16507, the applicant shall submit to the City for review and approval preliminary striping plans for the surrounding public streets (Harvard, Edinger and Moffett) to the City for review and approval showing proposed traffic lane geometry, pavement widths and striping transitions, turn pocket taper lengths, and intersections' turning lanes and storage pocket lengths. The plan shall reflect the existing roadway conditions to remain in plaCe and any proposed widening to the public streets. A 24" x 36" reproducible signing and striping plan will be required and said plan shall be prepared by a California Registered Civil Engineer and submitted to the City for review and approval. Street paving on public streets: During final design, the applicant shall submit a Pavement Analysis Study for the public streets along the site frontage (Edinger Avenue, Harvard Avenue and Moffett Avenue from Peters Canyon Wash Bridge to Harvard Avenue) that provides information on the condition of the existing roadways' structural sections.- The applicant shall design and construct/re- construct the existing public roadways to current City Standards. Street lighting: The public street lighting system shall be designed and approved by the City of Tustin and Southern California Edison. Catch basin/storm drain laterals/connections to existing storm drain system with approval of OCFCD. 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 Exhibit A Resolution No. 3885 TTM 16507 Page 5 J) k) I) m) n) as required by the Irvine Ranch Water District. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the City Engineer and Irvine Regional Water District (IRW. D). 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. Fire hydrants. Street trees: Prior to the start of final design of the perimeter public street improvements, the applicant shall submit a preliminary tree planting plan for public streets to the City for review and approval showing how the 5:1 or steeper parkway slopes will be planted with trees. Demolition of any abandoned utilities within the public right- of-way. In addition, a 24" by 36" reproducible construction area traffic control plan prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1 2.2 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, unless otherwise approved by responsible agencies or noted in this resolution. (1 2.3 Adequate horizontal and vertical intersection sight lines shall be provided. In general a 25' x 25' limited use area triangle provides adequate right at typical driveways. Addition sight evaluation, however, could be required to satisfy the City of Tustin Standard No. 510 for all project streets. The site lines would be shown on the Site Plans, Rough and Precise Grading Plans and all Landscape Plans. If detailed analyses are requested, all landscaping within the limited use area would need to comply with the City of Tustin Standard 'No. 510. Vertical sight line profiles may also be required to verify that adequate sight distances are provided. (1 2.4 The applicant shall submit a final Site Plan (which shows the proposed building footprints) for the project along with the project's Landscaping Plans, Rough Grading Plans and Precise Grading Plans showing intersection sight distance lines and the "limited use areas" per the City of Tustin Standard No. 5 10. Any deviations proposing the use of a non-standard sight distance and/or limited use area will require the approval of the Building Official for private Exhibit A Resolution No. 3885 TTM 16507 Page 6 (1) (1) street areas and the approval of the City Engineer for public streets. All private streets designs shall be based on a minimum 25-mile per hour design speed. 2.5 During final design, the applicant shall verify all existing utilities and any existing easements for the project. T he applicant shall provide easements for any new utilities. Any notes referring to out of date easements or property ownership shall be corrected on the final map. In addition, the final site dimensions and acreages shall be consistent with the final title report for Parcel 34, as approved by the City. 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 the "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds w ill not b e released until t he "as built" CADD files have been submitted. (2) (3) 2.7 2.8 2.9 A complete hydrology study and hydraulic calculations shall be submitted to the City for review and approval. Construction of catch basins, storm drain laterals and junction structures shall be required to eliminate the need for cross gutters on public streets. The minimum pipe diameter for all public storm drains shall be 24- inch. Exhibit A Resolution No. 3885 TTM 16507 Page 7 (1) 2.10 (1) 2.11 (1) 2.12 (1) 2.13 (1) 2.14 (1) 2.15 The applicant shall' provide sufficient documentation to the satisfaction of the City Engineer that the existing storm drain systems have the capacity to convey the proposed development storm water runoff as well as any other runoff planned to be conveyed to the existing drain as identified. The applicant shall provide the drainage study for a 100-year storm showing maximum water surface area in all sump locations and a second study showing impacts of the County of Orange requirement to analyze all sump catch basins with 100% plugging (per the County's Local Drainage Manual requirements), The applicant shall submit hydrology studies for the existing and proposed d rainage conditions for both the 2 5-year and 100-year stoCm events for the City's and County's review and approval, and provide mitigation to maintain storm water discharges for the proposed condition that is consistent with the existing condition discharges for the site. The combination wall along Peters Canyon Wash shall be designed to account for the ultimate 100-year storm high water level along and consider potential scouring if the flood control facility's 100-year storm water level exceeds the existing channel capacity. As part of the final design process and to comply with the Final EIR/EIS requirements for the Disposal and Reuse of MCAS Tustin, the applicant shall submit detailed hydrology calculations for 100- year storm events for the existing pre-project condition and for the project condition. As part of the study, the project's contribution to the overall increase in stormwater runoff from the redevelopment of MCAS Tustin shall be estimated and the potential design and construction costs to mitigate the increase storm water discharge contribution from the project shall be determined. The applicant shall submit a detailed study to the City for review and approval showing the proposed project 100-year storm water surface elevation at each sump catch basin along with an area of ponding to verify that the project's rough grade pad elevations within the sump areas are at least one-foot above the 100-year storm water surface elevation. (4) 2.16 Preparation and submittal of a final grading plan showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: a) Final street elevations at key locations. Exhibit A Resolution No. 3885 TTM 16507 Page 8 2.17 (1) b) Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. c). All flood hazards of record. (1) 2.18 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. Use of parkway slopes greater than allowed per the City of Tustin Standard No. 204 (parkway grading for a meandering sidewalk on a public street) will require separate approval from City of Tustin Engineering Division during the final design of the public street improvements. The one-foot offset from face of perimeter walls to the hinge point of the top of slope (instead of the minimum 2-foot offset) will be allowed only when the slope is 3:1 or flatter as identified in Standard No. 204. For Edinger Avenue, a maximum of a 2:1 parkway slope is allowed only in the areas where a 3:1 or flatter slope is not possible. Approval of the use of a 2:1 slope will be made by the City on a case-by-case basis. OFF-SITE PUBLIC INFRASTRUCTURE IMPROVEMENTS The following conditions of approval are project related, off-site public infrastructure improvements, and are in addition to the conditions of approval for the General Public Infrastructure Improvements. (1) (1) 3.1 The applicant shall revise the traffic study for this project to include analysis of the intersection of Moffett Avenue and the project access for the possibility of installation of a traffic signal. If a traffic signal is warranted at this location, this development shall design and construct the traffic signal system. The developer shall enter into a reimbursement agreement with the City for recovery of fifty (50) percent of the signal system costs from the adjacent development along the south side of Moffett Avenue. Details of the agreement will require approval of the City. 3.2 The applicant shall be responsible for fifty (50) percent of the design and construction of a traffic signal and associated improvements at Edinger Avenue and the project access. The applicant shall provide maintenance easements to City of T ustin for traffic signal equipment at the main project entrance on Edinger Avenue. Exhibit A Resolution No. 3885 TTM 16507 Page 9 (1) 3.3 The applicant shall place a minimum of a 0.2-foot thick asphalt concrete pavement overlay on Edinger Avenue from the Peters Canyon Wash Bridge to the Harvard Avenue Intersection (both sides of the street). (1) 3.4 The applicant shall remove and reconstruct the curb, gutter, and pavement section on Harvard Avenue adjacent to the project site in compliance with the required dedication of three (3) additional feet along Harvard Avenue, to the satisfaction of the City Engineer. TUSTIN LEGACY BACKBONE INFRASTRUCTURE IMPROVEMENTS The following conditions of approval are related to the Tustin Legacy Backbone Infrastructure Improvements, a nd a re in addition to the General Conditions of Approval for the General Public Infrastructure Improvements. (1) 4.1 To accommodate the project, the applicant shall modify the traffic signal at the intersection of Harvard Drive/Moffett Avenue/Paseo West Park in the City of. lrvine. Design and construction of the signal shall comply with City of Irvine's requirements. (1) 4.2 Telecommunications facilities in Moffett Avenue 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. H) 4.3 The applicant shall be responsible for the final design and construction of Moffett Avenue from Harvard Avenue to Peters Canyon Wash Bridge, including the following infrastructure improvements, consistent with DDA 03-03 (Parcel 34). The applicant shall design and construct Moffett Avenue to align with the centerline of Paseo West Park in the City of Irvine at the east end of Moffett Avenue. The west end of Moffett Avenue shall align with the centerline of the columns of the Jamboree Road Bridge over Moffett Avenue. This alignment may require reverse curvature of Moffett Avenue in advance of the Peters Canyon Wash Bridge and may result in right-of-way dedication to accommodate the alignment. The following improvements shall be included in the street improvement plans required by Condition 2.1 of this Resolution: · Class II (on-road) bike trail, Exhibit A Resolution No. 3885 TTM 16507 Page 10 New 1 2-inch domestic water line p er t he requirements of t he Irvine Ranch Water District, unless otherwise approved by IRWD. New 18-inch brine line, New 16-inch reclaimed water line per the requirements of the Irvine Ranch Water District, New 10-inch sanitary sewer line per the requirements of the Irvine Ranch Water District, unless otherwise approved by IRWD. Storm drain; the applicant shall submit a detailed study for the storm drain in Moffett Avenue to the City for review and approval showing that the existing storm drain facility has sufficient capacity to convey storm water runoff from the development site. The study shall include the County's basis for hydraulic control design for the existing storm drain, copies of all as-built or reference documents for the existing facility, and written correspondence from the City of Irvine indicating that the City of Irvine's approved Master Plan development flows have been incorporated in the detailed study for the Moffett Storm Drain. If it is determined that the existing storm drain facilities cannot accommodate runoff from the proposed development, the applicant shall design and construct a new storm drain line in a location approved by the City and Orange County Flood Control District and dedicate a minimum of thirty (30) foot wide storm drain easement t o t he City o f T ustin for any public-maintained RCP storm drain. The final location, width, and design of the storm drain easement shall be reviewed and approved by the Public Works Department prior to approval of the final map. New backbone underground dry utilities (electric, gas, cable TV,.telephone, etc), New base paving shall be installed on Moffett Avenue and the developer shall post a bond for the cost of the installation of the final pavement surface to be installed at a later date, Raised, landscaped median improvements including irrigation facilities, Transitional components necessary to construct and operate the Project, protect the public health and safety and/or create an opportunity for a logical and orderly future phasing of -I'ustin Legacy Backbone Infrastructure, which will be connected to the developer's Backbone Infrastructure. The new infrastructure shall replace existing utility systems owned by the City located in or adjacent to Moffett Avenue. Existing utility systems may be temporarily reused, but shall be identified for Exhibit A Resolution No. 3885 TTM 16507 Page 11 demolition or abandonment on the plans if they are not necessary as determined by the City and any utility purveyor who owns the system. Costs for the MCAS Tustin Backbone Infrastructure Program as identified in DDA 03-03 (Parcel 34) shall be assigned in accordance with a cost-benefit formula established by the City based on the provisions of DDA 03-03. (1) 4.4 The applicant shall be responsible for connection of the project to new backbone utility systems i n M offett Avenue. There may b e existing systems that will need to be temporarily reused, but these systems shall be shown for demolition or abandonment on the plans if they are not necessary as determined by the City and any utility purveyor who owns the system. ON-SITE PRIVATE INFRASTRUCTURE IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits, building permits, or recordation of the final map, whichever occurs first, infrastructure construction plans, as prepared by a California Registered Civil Engineer, shall be required for all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3886 and shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On- Site Private Improvements", revised April 1989, or as subsequently amended. Said plans shall include, but not be'limited to, the following: a) b) c) d) e) Curbs and gutters on all streets; Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks and paseos shall comply with the provisions of the American with Disabilities Act; Drive aprons; Signing/striping plan; Street paving; all private streets that provide main circulation of the site shall meet the minimum width requirement of thirty-six (36) feet with parking on both sides and thirty-two (32) for parking on one side as required by Section 2.52(B)(8) o f MCAS T ustin Specific P lan. 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 Exhibit A Resolution No. 3885 TTM 16507 Page 12 f) g) h) k) m) n) ingress and twenty-two (22) feet egress on each side of the landscape island for the entire length of the island shall be provided. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern California Edison; Catch basin/storm drain laterals/connections to the public storm drain system with approval of OCFCD; 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. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system per the standards of the Irvine Ranch Water District; j) Landscape/irrigation; Underground utility connections: All utility lines shall be placed underground by the developer. I) Fire hydrants; Demolition/removal of utilities; there may be existing systems that will need to be temporarily reused, but these systems shall be shown for demolition or abandonment on the plans if they are not necessary as determined by the City and any utility purveyor who owns .the system. Clearance s hall b e obtained for demolition from t he I rvine Ranch Water District, Southern California Edison, and the Southern California Gas Company shall be obtained. Existing utilities shall be transferred to the developer from the City by bill of sale. Prior to the bill of sale and issuance of grading permits, a severance plan shall be submitted to the City for review and approval, including the location and method of capping off the utility lines shall be identified. 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 Exhibit A Resolution No. 3885 TTM 16507 Page 13 o) and shall not place an undue burden upon said operator for the provision of these facilities. Trash facilities; the applicant shall obtain approval from Federal Disposal for the proposed curbside placement and pickup of trash cans. (1) 5.2 Prior to the approval of a subdivision map (except for financing and conveyance purposes), the project applicant shall design and construct a local drainage collection system designed for a minimum 10-year storm frequency except in sump conditions where a 25-year storm frequency shall be used. Secondary discharge outlets shall be provided for all sump inlet conditions. Design shall be in accordance with the City of Tustin and County of Orange standards. (1) 5.3 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: 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 thirty-six (36) feet with parking on both sides a nd t hirty-two (32) feet with parking o n o ne side as required by Section 2.52(B)(8) of the MCAS Tustin Specific Plan. 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 Avenue and Moffett Avenue, a minimum pavement width of twenty (20) feet for ingress and twenty-two (22) feet for egress shall be provided for the entire length of the island. Co 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. 5.4 Prior to the start of final design for Tract 16507, the applicant shall submit to the City for review and approval preliminary striping plans for the project's two private street entry roadways (off of Edinger Avenue and Moffett Avenue) showing all lane widths and Exhibit A Resolution No. 3885 TTM 16507 Page 14 (1) 5.5 (1) 5.6 traffic lane transition lengths (for the Edinger Avenue entry) and the external and internal intersections' lane geometry. At a minimum, a 20-foot wide pavement section shall be provided adjacent to both sides of the landscape median islands at both private entries. For the combination retaining and sound walls and the pedestrian trail through Lot II, the applicant shall submit alternative designs to the City for review and approval that will provide additional softening of the 16.3-foot tall combination wall. In addition, design details shall be submitted to the City for review and approval that will improve public safety for pedestrian users of the paseo trail. These details shall consider widening the entrance point at the location of the tallest wails and providing safety lighting within the paseo area to offset the tunnel affected created from the tall walls and the narrow 20-foot wide trail opening. The grading of any slopes within the paseo shall comply with City standards for grading. 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 a trail connection 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 16507 is completed. CONSTRUCTION (1) 6.1 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract within the subdivision to the satisfaction of the City Engineer. (1) (1) 6.2 6.3 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. Along the westerly boundary adjacent to Peter's Canyon Wash, any slope grading outside of the tract boundary shall require an encroachment permit from the Department of the Navy in coordination with the County of Orange for any work within Peter's Canyon Wash right-of-way orwithin City of Tustin public right of way. Exhibit A Resolution No. 3885 TTM 16507 Page 15 (1) 6.4 This development shall be phased so that all construction access will be taken through Moffett Avenue and no access shall be provided off of Harvard Avenue and Edinger Avenue unless otherwise approved by the Public Works Department. No temporary access locations will be permitted. DEDICATIONS/RESERVATIONS/EASEMENTS (1) 7.1 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required public street, storm drain, flood control right-of-way easements, vehicular access rights, bikeway per DDA 03-03 for Parcel 34, 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: Dedication or perpetual easement for public use of a minimum one (1) acre portion of parkland, subject to the approval of the Parks and RecreatiOn Department for active recreational open space. 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 one acre portion of the park facilities; and, 2) the provision of public park access to and from said facility along and across private streets and paseos within the project and maintenance of the entire park facility by the developer and its successors and assigns including the future homeowners association in compliance with all provisions of DDA 03-03 for Parcel 34. Dedication i n fee title of appropriate corner cut-offs a t t he intersection of Harvard Avenue and Edinger and at Harvard Avenue and Moffett Avenue shall be provided and shown on the map. Dedication in fee title of three (3) feet of additional street right-of-way along Harvard Avenue for street widening shall be provided and shown on the map. Exhibit A Resolution No. 3885 TTM 16507 Page 16 Dedication in fee title of additional street right-of-way may be required along Moffett Avenue as a result of street alignment and shall be provided and shown on the map. (1) 7.2 Reciprocal ingress, egress, parking, utility and pedestrian access easements may need to be provided between and across certain privately owned and maintained lots and within the lettered lots. ORANGE COUNTY FLOOD CONTROL DISTRICT (5) 8.1 The developer shall pay to the City of Tustin the fair-share contribution towards the Tustin Legacy Backbone Infrastructure Program to satisfy the obligations identified in Agreement No. D02- 119 between the Orange County Flood Control District and the City of Tustin related to future improvements required to the Peters Canyon Channel adjacent to the project site. (5) (5) 8.2 8.3 General Note 19 on Sheet 1 of Vesting Tentative Tract Map 16507 shall be revised to state, "Peters Canyon Wash Facility F06 is an existing watercourse that is required to be improved." General Note 21 on Sheet 1 of Vesting Tentative Tract Map 16507 shall be revised to indicate that Peters Canyon Channel is deficient in its ability to convey the 100-year discharge and shall be improved. (5) 8.4 The applicant shall obtain encroachment permits from the County of Orange Flood Control District for any work (including proposed bikeways, storm drain entries, street improvements, etc.) that are to be conducted within the OCFCD's existing and future right-of- way. CC&RS (1) 9.1 Prior to issuance of building permits or recordation 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 a nd 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. 3885 TTM 16507 Page 17 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 DDA 03-03 for Parcel 34. 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. 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. Membership in the homeowners association shall be inseparable from ownership in individual units. 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 -I-ustin Specific Plan. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. Exhibit A Resolution No. 3885 TTM 16507 Page 18 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 s hall b e maintained s o that t hey a re 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. 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. Private open spaces areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in' perpetuity. The CC&Rs shall include a separate 8½ inch by 11 inch dimensioned site plan for each unit that is allocated private open space. The approved site plan showing the minimum one (1) acre portion of the park site and associated public easements that will be accessible to the public and provisions for Exhibit A Resolution No. 3885 TTM 16507 Page 19 maintenance of these areas by the Homeowners Association. 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 95 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit" and have a minimum length of twenty-two (22) feet per stall for on street parking. 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. 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 t~velve (12) hours of collection. Maintenance of Lots (A-JJ and 143), including all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. Exhibit A 'Resolution No. 3885 TTM 16507 Page 20 Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. All utility services se[ving 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 member of the homeowners association Board and, where applicable, a manager of the project before January lstof 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. 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. 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) 9.2 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 for Parcel 34 between the City of Tustin and WL Homes LLC (dba John Laing Homes), which is incorporated in full herein by this reference and requires the applicant, its successors or assigns, to comply with all provisions of DDA 03-03 for Parcel 34 until a Notice of Completion, as defined in DDA 03-03, 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. Exhibit A Resolution No. 3885 'i'TM 16507 Page 21 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. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated with Edinger Avenue, Harvard Avenue, Moffett Avenue, trail noise associated with the regional trail adjacent to the Peters Canyon Channel, and train noise associated with rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated increase in the trains per day. 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. 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. Do 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 minimum one (1) acre or more portion of the park site, to be maintained by the Homeowners Association, will be allowed and noting public ingress and egress through the subdivision will be provided for access to the park, Exhibit A Resolution No. 3885 TTM 165O7 Page 22 M~ A notice explaining the easements, facilities, amenities, and dedications that will be provided on Lots (A-JJ and 143) and indicating all on-site streets, alleys, paseos, and common areas are to be maintained by the Homeowners Association. 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, alleyway, or paseo 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 -f'rash 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 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. A notice explaining and providing a copy of a "Private Open Space Exhibit" and separate 8½ inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. Exhibit A Resolution No. 3885 ']-I-M 16507 Page 23 A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. A notice explaining that forty (40) affordable housing units of the patio home product will be dispersed throughout the subdivision and will remain affordable for a period of forty- five (45) years or longer. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. The developer shall notify all potential homebuyers that future Assessment/Maintenance Districts may affect the property. ENVIRONMENTAL MITIGATION (1) 11.1 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: 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. Prior to any final map approval, the development applicant shall enter into an agreement (DDA 03-03 for Parcel 34) to participate on a pro-rated basis in the Tustin Legacy Backbone Infrastructure Program. FEES (1) 12.1 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. Exhibit A Resolution No, 3885 TTM 16507 Page 24 (1) 12.2 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) 12.3 Prior t o issuance o f t he first building permit, t he subdivider s hall submit in-lieu parkland dedication fees in a cash amount and performance bond amount in accordance with DDA 03-03 for Parcel 34. (1) 12.4 All fees required pursuant to City and outside agency requirements as identified in Resolution No. 3886. Planning Commission Resolution No. 3886 RESOLUTION NO. 3886 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 03-018, AND CONDITIONAL USE PERMIT 03-016 AUTHORIZING THE DEVELOPMENT OF 189 RESIDENTIAL UNITS (138 SINGLE FAMILY UNITS AND 51 PATIO HOMES) AND A PARK SITE ON A 36.84 ACRE (GROSS) PARCEL WITHIN PLANNING AREA 21 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: That a proper application for Design Review 03-018 was submitted by John Laing Homes for development of 189 residential units (138 single family units and 51 patio homes) and on a 36.84-acre site within Planning Area 21 of the MCAS-Tustin Specific Plan, and Conditional Use Permit 03-016 for development patio homes; That a public hearing was duly called, noticed, and held for said application on August 25, 2003, by the Planning Commission; 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 21; 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. E 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. Resolution 3886 DR 03-018, CUP 03-016 Page 2 3. 4. 5. 6. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors, and other openings. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. That the applicant has requested approval of Tentative Tract Map 16507 in conjunction With the applications for Design Review 03-018, and Conditional Use Permit 03-016, 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. 3886. The proposed development meets all required development standards for development of single family residential and patio homes. The project complies with special development requirements of Planning Area 21 (Section 3.9.4.1) 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 Iow density residential units and that the proposed project includes 189 units as 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 measu res in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3883 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. Resolution 3886 DR 03-018, CUP 03-016 Page 3 II. The Planning Commission hereby approves Design Review 03-018, and Conditional Use Permit 03-016 for development of 189 residential units on a 36.84-acre parcel within Planning Area 21 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 25th day of August, 2003. .......... UNDA C. Chairperson ' / ~ ~' E~BETH A. BINSACK '~ Planning Commission Secreta~ 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. 3886 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 03-018, CONDITIONAL USE PERMIT 03-016, RESOLUTION NO. 3888 CONDITIONS OF APPROVAL GENERAL The proposed project shall conform with the submitted plans for the project date stamped August 25, 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 Section 8 of the Disposition and Development Agreement for Parcel 34. 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 the DDA 03-03. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department and City review required pursuant to DDA 03-03. (1) 1.3 Approval of Design Review 03-018, Conditional Use Permit 03-016 will become null and void in the event that City Council does not approve Tentative Tract Map 16507 or conditions of DDA 03-03 for Parcel 34 are violated. (1) 1.4 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within the time frames identified in the schedule of performance contained in the DDA 03-03 (Parcel 34). 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 the DDA 03-03. (1) 1.5 Approval of Design Review 03-018 and Conditional Use Permit 03- 016 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. 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 3886 DR 03-018, CUP 03-018 Page 2 (1) 1.6 The development of the project described in Design Review 03-018 and Conditional Use Permit 03-016 shall be in accordance with Concept Plan 03-002 and Tentative Tract Map 16507 approved by Resolution Nos. 3884 and 3885 which are incorporated herein by reference as though fully set forth in DDA 03-03 for Parcel 34. (1) 1.7 As a condition of approval of Design Review 03-018, Conditional Use Permit 03-016, 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 3.9.41 and comply with related conditions contained in DDA 03-03 for Parcel 34 for implementation of the program. Issuance of certificates of use and occupancy shall be limited to the phasing requirements contained in the DDA 03-03 and pursuant to this entitlement approval and all conditions of Section 13 of DDA 03-03 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 03-03 for Parcel 34. (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. 3885. (*) 1.11 All entitlements noted in Resolution Nos. 3884, 3885, and 3886 shall become null and void in the event that the City Council does not approve DDA 03-03 for Parcel 34 or in case of default by the developer or termination by the City of DDA 03-03 for Parcel 34, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination. Resolution 3886 DR 03-018, CUP 03-016 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: 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. 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. Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. 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 a hydrology report. Fo Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. 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 3886 DR 03-018, CUP 03-016 Page 4 (1) 2.2 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) 2.3 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) 2.4 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 the DDA 03-03 for Parcel 34 prior to precise grading and building permit issuance. The engineer's estimated cost of all vertical and horizontal improvements as defined in DDA 03-03 shall be submitted to the Building Official and the City pursuant to DDA 03-03 for Parcel 34 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 the DDA 03-03. (1) 2.5 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) 2.6 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 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. Resolution 3886 DR 03-018, CUP 03-016 Page 5 · 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. · Noise attenuation features as required by Conditions 14.1 through 14.3 of this Resolution. · 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) (3) 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. 3.4 The recreation area shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). 3.5 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building 'Code (Section 310.4). 3.6 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (~,) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). Resolution 3886 DR 03-018, CUP 03-016 Page 6 (1) 3.7 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of nine (9) feet in width and twenty (20) feet in length and shall be shown on the plans. (4) 3.8 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. (*) (1) 3.9 3.10 The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. Footings for all retaining walls shall be located within the tract boundary. (1) 3.11 All slopes shall conform to the City of Tustin's "Grading Manual" design guidelines. (1) 3.12 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 during construction as follows: a) b) 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. 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. f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. Resolution 38§6 DR 03-018, CUP 03-016 Page 7 h) 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). i) 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). j) 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. k) Use Iow VOC architectural coatings for all interior and exterior painting operations. (1) 3.13 The City of Tustin is required to comply with State of California Waste Recycling requirements. To facilitate City compliance with this law, the Project Applicant/Contractor is required to submit and obtain approval from the Public Works Department of a Project Recycling Plan prior to the issuance of any grading, encroachment or building permit. The Project Recycling Plan shall demonstrate recovery and recycling of at least 50% of the total waste generated by the project and shall consist of the following components: In a narrative form, describe efforts which will be utilized to minimize the generation of waste during the project; and Provide an estimate of the total amount of waste to be generated for the entire duration of the project; and Provide an estimate of the total amount of recy¢lable materials generated by the project, identified by recydable material type; and Identify waste hauler(s) to be utilized during the project. Note: The City has an exclusive waste collection franchise with Federal Disposal Service of Santa Ana. No other haulers are to be utilized pursuant to City Code Section 4322; and Identify recyclable material processing facilities which will be utilized to process materials generated by the project; and Demonstrate that no waste generated by the project will be sent directly to any landfill; and Prior to the issuance of a Notice of Completion or a Certificate of Occupancy, submit a final report to the Public Works Department detailing actual quantities of the items Resolution 3886 DR 03-018, CUP 03-016 Page 8 listed above as well as a narrative summary of the recycling efforts implemented during the project. Prior to the issuance of an occupancy permit, the applicant is required to submit recycling plans to the Public Works Department for each project tenant ~vhich demonstrates recycling or diversion from landfills of at least 50% of the total waste anticipated to be generated by each tenant. Prior to the issuance of any grading, encroachment or building permit, applicant is 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. The City of Tustin has contracted with Federal Disposal Services of Santa Ana to provide all waste disposal and recycling services within the Tustin city limits. This is an exclusive contract that prohibits the use of other waste haulers to collect and dispose of any waste materials. (1) 3.14 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 Building Division and Public Works Department which demonstrate the provision of adequate physical space to accommodate all planned tenant recycling programs. 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. H) 4.3 All roadway drainage shall be relocated to drain Iow points out of street intersections. (1) 4.5 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 For all public improvements, all conditions of Resolution No. 3885 shall be implemented, as applicable, prior to issuance of permits or prior to recordation of the final map, whichever occurs first. Resolution 3886 DR 03-018, CUP 03-016 Page 9 (1) 5.2 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) 5.3 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) 5.4 No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer and/or Building Official. DEMOLITION PLAN (1) 6.1 A demolition plan shall be submitted for review and approval. The plan shall include provisions for the developer to manage the removal of any asbestos and lead-based paint from the site as stipulated in the deed (Navy FOST #3) for the property, shall identify and clearly note the limit of removal for all items on the plan, and identify any underground tank removal. Prior to issuance of a demolition permit, approval of the Orange County Fire Authority shall be obtained. 6.2 Prior to issuance of a demolition permit, the applicant shall provide written evidence that a County of Orange certified Paleontologist and Archeologist have been retained to conduct salvage excavation of the unique paleontological and or archeological resources if they are found as required per Condition 15.1. (1) 6.3 A note shall be added to the demolition plans stating, "All demolition activities shall comply with the Paleontological Resources Management Plan (PMRP) prepared for the site in conjunction with the Tustin Legacy Specific Plans." WATER QUALITY (1) 7.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: Prior to issuance of any permit, 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 Resolution 3886 DR 03-018, CUP 03-016 Page 10 (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 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. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan ONQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. 7,2, Prior to issuance of any permits for projects of one (1) acre 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) 7.3 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: 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; oause or threaten to cause pollution, contamination, or nuisance; Resolution 3886 DR 03-018, CUP 03-016 Page 11 or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. 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. 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) 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. H) 8.2 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) (*) 8.3 8.4 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. Permits for phased improvements shall not be issued until the City under its proprietary authority in DDA 03-03 for Parcel 34 has approved each phase by design documents and the developer is in compliance with all applicable provisions of DDA 03-03. Resolution 3886 DR 03-018, CUP 03-016 Page 12 ARCHITECTURE (4) 9.1 Building elevations visible from Edinger Avenue, Harvard Avenue, and Moffett 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 DDA 03-03 for Parcel 34. To the greatest extent feasible, Monterey/Spanish architectural styles and colors shall be limited. (4) 9.2 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 DDA 03-03 for Parcel 34.. (4) (4) (4) 9.3 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 Department and City review required pursuant to DDA 03-03. 9.4 All roof materials shall be subject to final approval by the Community Development Department and City review required pursuant to DDA 03-03. 9.5 Ail 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 DDA 03-03. (4) (4) (4) 9.6 All exterior colors and textures shall be submitted to review and approval of the Community Development Department and City review required pursuant to DDA 03-03. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. 9.7 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. 9.8 All exterior elevations shall include any roof-mounted fixtures or equipment. Resolution 3888 DR 03-018, CUP 03-016 Page 13 (4) 9.9 Side elevations of residential units visible from private drives shall incorporate architectural articulation to break the continuous wall mass, subject to review and approval of the Community Development Department. (4) 9.10 Roof design for single family detached units shall be simplified to eliminate multiple ridge lines subject to review and approval of the Community Development Department. LANDSCAPINGIHARDSCAPE (1) 10.1 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. 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. Resolution 3886 DR 03-018, CUP 03-016 Page 14 · 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. (1) 10.2 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 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. 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. Resolution 3886 DR 03-018, CUP 03-016 Page 15 · The 2:1 sloped areas along Peters Canyon Wash and Edinger Avenue shall be landscaped to obscure the slopes. (4) 10.3 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (4) 10.4 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 DDA 03-03. (4) 10.5 The main entries to the project at Harvard Avenue and Moffett Avenue shall include hardscape treatments that are consistent with Section 2.17 of the MCAS Tustin Specific Plan and shall be subject to final approval of the Community Development Department and City review required pursuant to DDA 03-03. (1) 10.6 Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. (*) 10.7 Pedestrian access from the project to Peters Canyon future trail shall be enhanced with flared corners and accent trees and landscaping subject to review and approval of the Community Development Department. (*) 10.8 The retaining wall and sound wall along Peters Canyon Channel shall be screened from view width berming and a variety of landscaping materials from the right-of-way on Edinger Avenue. A section detail of this area shall be included on the landscaping plans and submitted for review and approval of the Community Development Department. USE RESTRICTIONS (5) 11.1 The project shall include 189 units, including t38 single family homes and 51 patio homes with 40 units required to be offered as affordable units, as identified in Condition 12.1. (1) 11.2 A separate "Private Open Space Exhibit" shall be submitted at plan check. An changes to the allocation of private open space identified on the site plan shall be reviewed and approved by the Director of Community Development and City review required pursuant to DDA 03-03 for Parcel 34. (4) 11.3 Parallel guest parking spaces, guest parking stalls, and driveway parking spaces shall be maintained as shown on the approved Resolution 3886 DR 03-018, CUP 03-016 Page 16 "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 DDA 03-03. (*) 11.4 The maximum number of four-bedroom patio home units shall be fifteen (15) units, or thirty percent of the total number of patio home units, in accordance with MCAS Tustin Specific Plan Section 3.9.4H. (5) 11.5 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. (1) 11.6 No outdoor storage shall be permitted during grading or building stages, except as approved by the Tustin Community Development Director. (1) 11.7 During construction, permission from adjacent property owners shall be required for any work located on adjacent properties. AFFORDABLE HOUSING (1) 12.1 The subdivider shall comply with the obligations contained in DDA 03-03 for Parcel 34 regarding affordable housing unit obligations and shall make available these affordable units by income categories as shown and approved with the Concept Plan 03-002 as herein modified. There shall be eleven (11) units sold to very Iow income households, ten (10) units sold to lower income households, and nineteen (19) 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 DDA 03-03. Separate recordable affordable covenants and other binding agreements shall be recorded against each unit as identified in DDA 03-03 for Parcel 34 and will be binding on properties upon sale of transfer of units for a minimum of 45 years. (*) 12.2 The developer shall satisfy any requirement to resolve the homeless transitional housing needs for the Salvation Army pursuant to the Reuse Plan and Specific Plan and DDA 03-03 prior to building permit and/or demolition permit as identified in DDA 03- 03. Resolution 3886 DR 03-018, CUP 03-016 Page 17 ORANGE COUNTY FIRE AUTHORITY (1) 13.1 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) 13.2 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) 13.3 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. NOISE (1) 14.1 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) 14.2 In accordance with the noise analysis, all units that are required to include air conditioning units to achieve the minimum interior noise level standards shall have these units installed prior to issuance of a Certificate of Occupancy. Prior to final inspection and issuance of certificates of use and occupancy, the developer shall provide an independent noise analysis verifying that interior noise levels comply with Title 25 and City noise requirements. (1) 14.3 The applicant shall submi'~ additional information to the City showing the detail length and height of the p¢oposed sound walls along Moffett Avenue, along each paseo (including Lot "11") and along the open space areas adjacent to the Edinger entry. The Resolution 3886 DR 03-018, CUP 03-016 Page 18 applicant shall provide sufficient mitigation for any noise tunnel effect extending on to the site at each paseo. ENVIRONMENTAL (1) 15.1 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: The developer shall enter into an agreement (DDA 03-03) with the City of Tustin to establish a fair-share mechanism to provide needed Tustin Legacy Backbone Infrastructure program. Prior to issuance of any permits, the developer shall retain a County-certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this 'process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. 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. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. Resolution 3886 DR 03-018, CUP 03-016 Page 19 FEES (1)(5) 16.1 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. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at the time of permit issuance. The current fee is $2,910 per single-family unit and $1,694 per multiple family unit. eo Water and sewer connection fees to the Irvine Ranch Water District. f. New development tax is $350.00 per unit. School facilities fee in the amount as required by Irvine Unified School District. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as required by DDA 03- 03 for Parcel 34. (1) 16.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If ~vithin 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. ATTACHMENT C CITY COUNCIL REPORT Vesting Tentative Tract Map 16507 i i ,,,,~; ! =,. J~ " ~' '4' ~ ~ : ~ ! ~ ~0~ .... ~ -- J ~ _ _ ~ ~_ _ L Lt / I~I I!1:: ll!l~ ::I~tl lltti J ::' J~J ~ Jl :::' ti:l[: ~:~ lll.: ¢ l:,li .i :: I1.11!!1Il ~ "F::~:~-: ~'~:l::,li I :iI : :: I. , tl I ~..-i , i tt ATTACHMENT D CITY COUNCIL REPORT Resolution Nos. 03-112 and 03-113 RESOLUTION NO. 03-112 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL 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 16507 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: Ao That Vesting Tentative Tract Map 16507 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and, Bo That the MCAS Tustin Final Program EIS/EIR was certified on January 16, 2001. The City Council finds Vesting Tentative Tract Map 16507 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 will be incorporated into DDA 03-03 or will be conditions of entitlement approvals (Concept Plan 03-002, Vesting Tentative Tract Map 16507, Design Review 03-018, and Conditional Use Permit 03-016); and, The City Council hereby finds for Vesting Tentative Tract Map 16507 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. 03-112 September 15, 2003 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 15th day of September, 2003. TRACY WILLS WORLEY MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUN'FY 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. 03-112 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of September, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK RESOLUTION NO. 03-113 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL APPROVING VESTING TENTATIVE TRACT MAP 16507, TO SUBDIVIDE 36.84 ACRES FOR THE PURPOSE OF DEVELOPING 189 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 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: That a proper application for Tentative Tract Map No. 16507 was submitted by John Laing Homes (WL Homes LLC) requesting subdivision of a 36.84 acre (gross) area, owned by the City of Tustin, 143 numbered lots and 36 lettered lots for development of 189 residential units (136 single family detached units and 51 patio homes) within Planning Area 21 of the MCAS-Tustin Specific Plan, generally bounded by Edinger Avenue to the north, Moffett Avenue to the south, Harvard Avenue to the east, the Peters Canyon Flood Control Channel to the west, and; That a public hearing was duly called, noticed, and held for said map on August 25, 2003, by the Planning Commission and the Planning Commission adopted Resolution No. 3884 approving Concept Plan 03- 002 for development of 189 Iow density residential units (138 single family detached and 51 patio homes), and Resolution No. 3886 approving Design Review 03-018 for architectural/site design of the project and Conditional Use Permit 03-016 for patio home development, and Resolution No. 3885 recommending that the City Council approve Vesting Tentative Tract Map 16507; That a public hearing was duly called, noticed, and held for said Vesting Tentative Tract Map 16507 on September 15, 2003, by the City Council; 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; 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 parkland dedication requirements (Tustin City Code Section 9331), which permits a credit for public recreational open space if affordable City Council Resolution No. 03-113 September 15, 2003 Page 2 housing is being provided. The subdivider is providing 1.7 acres of 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 40 affordable housing units to be provided in the subdivision and a credit for a minimum one (1) acre of parkland and park facility improvements that will be provided and accessible to the public through public easements on the development site; 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 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential (1-7 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; The applicant will be required to provide funding of the project's fair share of Tustin Legacy backbone infrastructure as required by Disposition and Development Agreement 03-03 approved by the City Council on September 15, 2003; City Council Resolution No. 03-113 September 15, 2003 Page 3 That development of the site would require fee title dedications for corner cut-offs at the intersection of Harvard Avenue and Edinger Avenue and Harvard Avenue and Moffett Avenue, three (3) feet of additional street right-of-way along Harvard Avenue for street widening, and additional right-of-way along Moffett Avenue as may be required for street alignment. 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, 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 development of Iow density development within Planning Area 21. 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 City Council by adopting Resolution No. 03-112, has approved the 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 for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the subdivision and are included as conditions of approval of the entitlements. II. The City Council hereby approves Tentative Tract Map 16507 for the subdivision of a 36.84 acre site into 143 numbered lots and 36 lettered lots for the purpose of developing 189 residential units (136 single family units and 51 patio home units), subject to the conditions of approval contained in Exhibit A of Planning Commission Resolution No. 3885. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 15th day of September, 2003. PAMELA STOKER CITY CLERK TRACY WILLS WORLEY MAYOR City Council Resolution No. 03-113 September 15, 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- 113 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of September, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK