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HomeMy WebLinkAbout02 PC REPORT THE VINTAGE 420 W. SIXTH ST. • I�>✓�, #� AGENDA REPORT MEETING DATE: SEPTEMBER 27, 2016 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: GENERAL PLAN AMENDMENT 2016-01 ZONE CHANGE 2016-001 SUBDIVISION 2016-03 /TENTATIVE TRACT MAP 17993 DEVELOPMENT AGREEMENT 2016-002 DESIGN REVIEW 2016-004 APPLICANT: PROPERTY OWNER: INTRACORP SO CAL-1, LLC VAN BUREN PLAZA, LLC 4041 MACARTHUR BLVD., STE. 250 PO BOX 16562 NEWPORT BEACH, CA 92660 BEVERLY HILLS, CA 90209 LOCATION: 420 W. SIXTH ST. AND 320-694 S. B STREET GENERAL PLAN: INDUSTRIAL (1) ZONING: PLANNED INDUSTRIAL (PM) REQUEST: 1. GENERAL PLAN AMENDMENT (GPA) 2016-01: AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM INDUSTRIAL (1) TO PLANNED COMMUNITY RESIDENTIAL (PC RESIDENTIAL) wrrarAoa m PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 2 2. ZONE CHANGE (ZC) 2016-001: CHANGE THE ZONE FROM PLANNED INDUSTRIAL (PM) TO PLANNED COMMUNITY (P-C) 3. SUBDIVISION (SUB) 2016-03/TENTATIVE TRACT MAP (TTM) 17993: A SUBDIVISION OF AN EXISTING 6.81 ACRE LOT FOR CONDOMINIUM PURPOSES TO CONSTRUCT 140 FOR-SALE RESIDENTIAL UNITS. 4. DEVELOPMENT AGREEMENT (DA) 2016-002: FACILITATE THE DEVELOPMENT OF THE 6.81 ACRE SITE AND ACCEPT PUBLIC BENEFITS 5. DESIGN REVIEW (DR) 2016-004 — SITE DESIGN AND AESTHETICS OF THE PROPOSED PROJECT ENVIRONMENTAL: A MITIGATED NEGATIVE DECLARATION (MND) HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ARTICLE 6 OF CALIFORNIA CODE OF REGULATIONS,'TITLE 14, CHAPTER 3. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4325 recommending that the City Council find that the Mitigated Negative Declaration is adequate for GPA 2016-01, ZC 2016-001, TTM 17993 for condominium purposes, DA 2016-002 and DR 2016-004 for the proposed.project. 2. Adopt Resolution No. 4326 recommending that the City Council approve a GPA 2016-01 to change the property's General Plan Land Use Designation from Industrial (1) to Planned Community Residential (PC Residential). 3. Adopt Resolution No. 4328 recommending that the City Council adopt Ordinance No. 1472 for ZC 2016-001 to change the zoning'from PIanned Industrial (PM) to Planned Community-(P-C). 4. Adopt Resolution No. 4327 recommending that the City Council approve SUB 2016-03MM 17993 and DR 2016-004 to subdivide the existing parcel for condominium purposes to accommodate the construction of 140 for-sale residential dwelling units and adopt DA 2016-002 to facilitate the development of the 6.81 acre site and accept public benefits. PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 3 APPROVAL AUTHORITY: • Government Code Sections 65353 through 65355 and Section 65854 requires the Planning Commission to hold at least one (1) public hearing before a recommendation on an amendment to the General Plan and a ZC to the City Council. • Section 9606 of the Tustin City Code (TCC) requires the Planning Commission consider the proposed DA and make a recommendation-to the City Council prior to adoption of a development agreement. • TCC Section 9272 authorizes the Community Development Director to consider a DR application; however, since the proposal includes other entitlement applications that require City Council approval, DR 2016-004 is forwarded to City Council for concurrent consideration. • A tentative tract map is required for all subdivisions creating five (5) or more condominiums pursuant to TCC Section 9323b2(a). Section 9321 b of the TCC authorizes the Planning Commission to. review and take action on tentative maps; however since the proposal includes other entitlement applications that require City Council approval, TTM 17993 is forwarded to City Council for concurrent consideration. BACKGROUND: Site and Location The project site is located on the south side of W. Sixth Street at its intersection with B Street. The site is located within the Planned Industrial (PM) zoning district (Figure 1) and is designated as Industrial (1) by the City's General Plan (Figure 2). The property consists of a 6.81 parcel and fronts onto Sixth and B Streets, with three (3) access points on Sixth Street and two (2) access points on B Street. The site is developed with the Tustin Freeway Commerce Center, consisting of eleven (11) industrial buildings constructed between 1961 and 1980, and refurbished in the 1990s. The center has been used for a variety of industrial operations over the years. An AT&T-cell tower and related equipment is located on the east side of the site. The cell tower lease will expire on August 31, 2019. As discussed below, the cell tower and equipment would be removed from the site upon termination of the lease. PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016-002, DR 2016-004 Page 4 Ll PD -JOV R1 1 Cultural R3 - y. Resources District - FMW .: P&I 101 PM k,} Subject .. .; Property @ PM L n Figure 1 Surrounding uses include commercial and light industrial uses to the east across B Street, single family homes to the north across W. Sixth Street, multi-family residential properties at the northeast corner of W. Sixth Street and B Street, a two-story self- storage building is located to the west side of the subject property. West Sixth Street terminates in a cul-de-sac further to the west, with a condominium complex on the north side of the cul-de-sac and the Boys & Girls Club of Tustin on the south side of the W. Sixth St. The Interstate 5 (1-5) freeway is located to the south of the subject property. The project site is also located directly across W. Sixth Street from the southern boundary of the Cultural Resources District. PROJECT DESCRIPTION: The applicant proposes to subdivide a 6.81-acre lot into three (3) development parcels for condominium purposes to accommodate 140 for-sale residential units and ancillary uses including a publicly accessible 3,709 square-foot mini-park, onsite private drives, parking for residents and guests, pedestrian walkways and paseos, recreation uses, including a recreation building and swimming pool, walls and landscaping. The 140 residential units would be located within twenty-seven (27) buildings. The applicant proposes to construct the project in seven (7) phases. A complete discussion of the project features is provided under "Design Review" below. PC Report September 27. 2016 GPA 2016-01, ZC 2016-001, TTM 17993. DA 2016-002. DR 2016-004 Page 5 DISCUSSIONIANALYSIS: The following is a discussion of the applications for a General Plan Amendment, Zone Change, Tentative Tract Map 17993, parkland credit, design review (site plan, parking, development standards, open space and landscape, architecture and relationship with the Downtown Commercial Core Specific Plan), affordable housing and the development agreement, as well as comments the Community Development Department has received regarding the project to date. General Plan Amendment The Tustin General Plan is the basis for all local land use decisions. State law requires zoning, subdivisions and public works projects be consistent with the general plan for approval. A project is consistent with the general plan if, considering all aspects of the proposed project, the project will further the goals, objectives and policies of the plan and not obstruct their attainment. The purpose of the General Plan Land Use Element is to address issues concerning the relationship between land uses and environmental quality, potential hazards, and social and economic objectives. The Land Use Element constitutes official City policy for the location of various land uses and provides guidance to ensure orderly growth and development. The proposal is to change the Industrial land use designation to Planned Community- Residential (PC-Residential) (Figure 2). Any proposal to change the land use from the current industrial land use designation to residential requires a GPA as the Industrial land use designation is intended to provide opportunities for a mix of industrial and supportive office uses; it does not provide for residential uses and therefore has no specific development standards such as density standards. rrrr ia�rr ogo � rTrO LDR sub;ect Property LD HDR HI y PCR Existing General Plan-I Proposed General Plan- PCR Figure 2 PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 6 The PC-Residential land use designation is intended to provide for a diversification- in the relationships of various densities, building and-open spaces, recognizes that mixed and integrated uses can be compatible, and allows for development of low, medium and high density residential development within a wide range of living accommodations. The project proposes 20.6 dwelling units/acre and is consistent with residential density land use ranged within the Tustin General Plan which allow for a maximum of twenty- five (25) dwelling units per acre and an average of 2.24 persons per dwelling unit. The current land use designations for areas surrounding the project site include Low Density Residential (LDR - up to 7 du/acre) to the north, and High Density Residential (HDR - up to 25 du/acre) to the northeast, Old Town Commercial (OTC) to the east, and Industrial (1) and Public/Institutional (PI) to the west. As proposed the project supports the following General Plan Goals and Policies: 1. Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities.' 2. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 3. Policy 1.11: Where feasible, increase the amount and network of public .and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. 4. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. 5. Policy 5.8: Improve edge conditions and buffers between older residential neighborhoods and adjacent freeway edges. 6. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 7. Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. 8. Policy 8.7: To ensure an orderly extension of essential services and facilities, and preservation of a free-flowing circulation system, continue to require provision of essential facilities and services at the developer's PC Report September 27, 2016 GPA 2016-01. ZC 2016-001, TTM 17993. DA 2016-002, DR 2016-004 Page 7 expense where these systems do not exist or are not already part of the City's financed capital improvement program. 9. Policy 10.2: Review and consider the possible development of residential uses in the Old Town area both as individual residential projects, and integrated above ground floor retail and office uses. 10. Policy 10.3: Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development. Pursuant to Government Code Sections 65351 and 65352.3, (SB18) the City is required to conduct consultations with California Native American Tribes when it proposes to amend the General Plan. The City obtained a list of local tribes from the Native American Heritage Commission and provided notification of the required ninety (90) day consultation period which commenced on March 18, 2016. Staff received no responses to this notification. Zone Change The property is currently being used as an industrial park; the zoning is Planned Industrial (PM). Under the existing zoning, the property could not have any dwelling units on the site. The request is to change the zoning from PM to Planned Community District (P-C) (Figure 3). The P-C District is intended to ensure that adequate standards related to the public health, safety and general welfare are observed without unduly inhibiting the advantage of large scale planning for residential, commercial and industrial purposes. The amenities of P-C districts are ensured through the adoption of a Development Plan and written text setting forth the land use relationship and development standards. R� .11 Subject Property C2 R3 tR31 &'! &I PM \` PTS: C? 14 PD R4PD MHP MFkP Figure 3 PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002,-DR 2016-004 Page 8 The applicant has submitted the Vintage Planned Community District Regulations (Attachment D), which provide for the development of the community as follows: Table 1 Development Standards , Required JProposed Maximum Density 20.6 du/acre 20.6 du/acre Minimum Lot Width 150 feet 150 feet Maximum Lot Coverage 0.45 0.45 Building Height Two Story: 30 ft. Two Story: 28-30 feet Three Story: 42 feet Three Story., 38-42 feet Front Yard Setback 5 feet 5 to 10 feet Interior Side Yard Setback 3 feet 3 to 12 feet Corner Side Yard Setback 5 feet 5 to 6 feet Rear Yard Setback 5 feet 5 to 20 feet Building to Building Separation 10 feet 10 to 24 feet Private Open Space/Unit 80 square feet 80 to 200 square feet Common Open Space/Unit 300 square feet 300 square feet Required covered parking space/unit 2-car garage 280 total 2-car garage 280 Required guest parkinglunit 0.25 s aceslunit 35 total 0.49 spaces/unit 69 total Minimum Private Drive Width No Parking: 20 feet No Parking: 20-22 feet With Parking: 26 feet With Parking: 26 to 38 feet As can be seen from the table above, the proposed project meets or exceeds the development standards as identified in the Vintage Planned Community Regulations for the proposed project. Tentative Tract Map 17993 TTM 17993 proposes to subdivide the existing 6.81-acre lot into three (3) parcels for condominium purposes (Figure 4). This would allow for individual ownership of the 140 condominium contained within the twenty-seven (27) buildings. Common areas would be established for vehicular and pedestrian circulation, guest parking and for open space purposes, with a Homeowner's Association (HOA) having responsibility for all common facilities. Also included in the map are proposed easements for public utilities, ingress/egress for emergency and public service vehicles, and public use. Conditions, Covenants, and Restrictions (CC&Rs) would be required for the project. These mechanisms are necessary to provide for the maintenance of the common areas of the complex. Proposed responsibilities of the HOA are identified in Resolution 4327, Section 6.1 et. seq. (Attachment N). PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 9 TENTATIVE TRACT-MAP NO. 17993 - ,� FOR CONDOMINIUM PURPOSES IN THE CITY OF TUSTIN,COUNTY OF ORANGE ?t F.ID- _az STATE OF CALFORNIA 7 +rrar,ywo t 10T hof I 1i I e5 Mir tJ ® �. r..m.me um ZaRa nm F9� Figure 4 Open Space/Parkland Credit To implement the Conservation/Open Space/Recreation Element of the. General Plan, TCC Section. 9331d requires a subdivider (the developer) to dedicate land or pay a fee in lieu for the purpose ,of developing new or rehabilitating existing parks to serve the subdivision. TCC Section 9331 d2 states that three (3) acres of useable parkland per 1,000 project residents are devoted to local park and recreational purposes. Pursuant to TCC Section 9331d2, 0.0067 acres of parkland per dwelling unit are required to be dedicated for park purposes in a high density development with 15.1-25 dwelling units per acre. Based on 'the proposed. project of 140 residential units, the developer would be required to dedicate 0.938 acres or 40,860 square feet. Where private open space for park and recreational purposes is provided, owned and maintained by future residents (HOA), as is proposed, a credit of up to twenty-five percent (25%) of the total parkland requirement may be allowed by the City subject to standards set forth in TCC Section 9331 d5 which include, in summary: • r PC Report September 27,2016 GPA 2016-01, ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 10 • Private yards, court areas and setbacks may not be included in the computation; • Private ownership and maintenance of the open space is provided for by written agreement; Use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land to ensure that the open space and recreational could not be eliminated in the future; • The private space is reasonably adaptable for use for park and recreational .uses; • The facilities are consistent with the General Plan and approved by the decision makers; • The open space provides at least one (1.) of the following basic park elements: o Recreational open spaces for active recreation; o Court areas such as basketball courts or tennis courts; o Recreational swimming areas of a minimum of 800 square feet of water surface area, a deck and or lawn area twice that of the pool; and o Recreation Building/facilities to be used for the recreational needs of the residents. As is shown in the Parkland Dedication memorandum, (Attachment E) and "Open Space Exhibit" (Figure 10), the project would meet all of the ,above-referenced requirements by providing a total of 58,065 square feet of common open space, which would not 'include private front yards, porches or setbacks, but would include a swimming pool and recreation building for use by residents, and a publicly accessible 3,709 square-foot mini park which would be maintained by the HOA. As summarized in Table 2, below, the project proposes 17,185 square feet of common open space above and beyond the requirements under TCC 9331 d2, and 16,045 square feet of common open space above the proposed Vintage Planned Community Regulations, staff recommends that should the remaining applications be approved, the applicant's request for a parkland credit of 10,215 square feet also be approved. If approved, the amount of the remaining park in-lieu fees for 30,645 square feet would be based on the fair market value as determined by a Master Appraisal Institute (MAI) appraiser in compliance with TCC Section 9331 d3 and would be payable to the City at the time of issuance of permits. PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016-002, DR 2016-004 Page 11 Table 2 Summary of Open Space Credit Per Unit Total Required Dedication per TCC 9331 d2 .0067 acres 40,860 sf Common O erg S ace Provided 415 sf 58,045 sf Requested Private Open Space Credit 25%of 40,860 sf 73 sf 10,215 sf Balance to be paid in in-lieu park fees 30,645 st The project would be constructed in seven (7) phases as shown below (Figure 5). All public improvements, the recreation building and swimming pool, would be constructed in Phase 1 , along with Units 1-14. Should Zone Change 2016-01 be approved for residential use on the project site, the cell tower would become a legal nonconforming use due to its proximity to residential uses. As such, the current lease that expires on August 31 , 2019 cannot be renewed and the cell tower would need to be removed. The Development Agreement allows the cell tower to remain until the lease expires or prior to final occupancy for buildings in Phase (6), whichever occurs first (Condition 3.6). -----------------------------F--._ -, 1 1 RLM1-4.r I°1y1.6CtT4aJ1* M �`r-..:�i "Sr i Al Yl }1 1 1 1 . 1 1 9 G E Y7' j 3t) 1 :i.A.des. '� 42 9y g2i 1 1 2+ ; x, ------=- Temporary cell tower location Ar-y 1 •.� 1 f 's Jlitlt] p 6-162 M 1 qr 1 At Y .ya , rrr +r Figure 5 PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 12 Outside Agencies The local agency (City of Tustin) is required to transmit one (1) copy of the proposed tentative map to other local agencies having jurisdiction. As such, a copy of proposed TTM 17993 has been routed to outside agencies having jurisdiction over a title interest in the subject property for review and/or recommendations as required by Sections 66453 — 66455.7 of the California Govemment Code (Article 3 of the Subdivision Map Act). The City received two (2) letters from Caltrans dated June 13, 2016 and June 15, 2016, respectively (Attachment G). The June 15, 2016 correspondence was an amendment to its earlier letter dated June 13, 2016, and added the following pertinent comments: • Caltrans is currently working on a project (EA OK670) which proposes to widen Northbound 1-5 freeway within proposed development limits. As a result of the widening, there is a possibility of acquiring approximately twenty (20) feet to accommodate project needs. As a.result of the Caltrans comment, Condition 7.1A of Resolution No. 4327 requires the developer provide notification to potential home buyers that the project could be impacted should Caltrans proceed with an expansion of the 1-5 freeway that necessitates the acquisition of twenty feet (20') of the south side of the project site. Specifically, the project sound wall and guest parking could be impacted. Should Caltrans proceed with a project in the future that would impact the property, the developer has provided an Alternative Parking Study (Attachment H) that verifies that required guest parking could still be met onsite. Condition 6.55 of Resolution No. 4327 requires that if a Caltrans expansion does impact the property, the project sound wall and guest parking would be reconstructed in accordance with the Alternative Parking Study by the HOA. Design Review Site Plan Twenty-seven (27) residential buildings containing four (4) to eight (8) attached residential condominium units are proposed at the site (Figure 6). Of these twenty seven (27) units, ninety-two (92) would be located within the Melrose Place product type and forty-eight (48) would be located within the Veranda Court product type. Melrose Place homes would range in size from 1,700 to 2,300 square feet and would have four (4) variations of the floor .plan grouped in four (4) to eight (8) units per building. The Melrose Place homes would primarily be located on Lot 1 along the W. Sixth & B street frontages. Veranda Court homes would range in size from 1,400 to 1,700 square feet, with three variations of the floor plan grouped in four (4) units per building. The Veranda Court homes would be located on Lot 2 along the southern boundary of the property adjacent to the 1-5 freeway. Each of the residential units in both product types would have an attached two-car garage for resident parking. PC Repan September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993. DA 2016-002, DR 2016-004 Page 13 The Melrose Place units fronting W. Sixth Street would be two stories with a maximum height of 30 feet and would have a single-story porch element and front-door entrance on W. Sixth St. to provide a more pleasing interface with the residential nature of existing homes across W. Sixth St. Two (2) of the Melrose Place units on B Street would have a two-story frontage element with the remainder of the attached units being three-stories with a maximum height of forty-two (42) feet and a front door entry along B Street. The remainder of the buildings would face the swimming pool area or an internal paseo or walkway. Bulb-out - i t f i : PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 14 attenuating building construction and not exceed an interior noise level of forty-five (45) decibels as required by the Tustin General Plan. Submittal of an acoustical report at the time of plan check is required to verify that that the building construction will be able to meet this requirement. (See Mitigation Measure MM N-1 and Condition No. 10.1 of Resolution. No. 4327). As part of the project, the developer would construct a curb extension, or "bulb-out" (see Figure 6) on the northeast comer of the site and provide striping on the north side B Street to direct traffic around the bulb-out including a right tum lane onto W. Sixth Street from B Street and a through lane to B Street adjacent to the project site (Condition 13.1c). The curb extension will provide additional landscape area and monument signage at the project entry. The bulb-out also serves to slow through traffic and turning vehicles by physically and visually narrowing the intersection and enhancing pedestrian safety by increasing pedestrian visibility and shortening crossing distances. The City ,plans to complete the remainder of the intersection with bulb-outs in the future, pending funding. Site Access Access'to the site includes the following: • Two U through-way private drives from W. Sixth Street to B Street ■ 45-feet wide with parking and 26-feet wide without parking. • Provides emergency vehicle access. ■ Provides access to garage parking for Melrose Place Buildings 1, 4, 5, And 12-15. ■ Provides access to alleys to garage parking only for Veranda Court. ■ Provides guest parking. ■ No gates. • Three (3) dead-end alleys from W. Sixth Street ■ Twenty (20) feet wide. ■ Access to garage parking only for Melrose Place Buildings 2, 3, and 6-9. ■ Would be signed for"No Outlet" and "No Parking". ■ Additional three (3) foot back-up space from garages at end of alleys. Although the project increases the number of driveways currently serving the industrial uses by two (2), the number of driveway approaches should the project site be developed with. a single-family residential development, could result in nine (9) or more driveway approaches. PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016-002, DR 2016-004 Page 15 Dead-end drive aisles, such as those referenced above, require a minimum of 3-feet in length for additional back-up space and is provided in all but one of the alleys. The single exception is between Buildings 8 and 9, where the area the end of the alley area would temporarily serve as an enclosure for existing cell tower equipment which will be removed no later than upon the termination of its lease on August 31, 2019 in Phase Seven (7) of construction. Staff recommends a condition of approval that when the cell tower equipment and temporary enclosure is removed, the alley drive be extended to provide the additional three (3) foot back up space. (Condition 5.9 of Resolution No. 4327) Parking As mentioned above, each residence would have an attached two-car garage for resident parking. The Planned Community Regulations require a minimum of 0.25 guest parking spaces per unit, or thirty-five (35) uncovered spaces. The project proposes a total of sixty- nine (69) guest parking spaces, in addition to a two-car enclosed garage for each unit. Staff has recommended a condition of approval that the project CC&Rs require that garages be kept free from storage or other impediments that would prevent two (2) cars parking in the garage and that this requirement be enforced by the HOA to maintain the open parking spaces for guests (Condition 6.5K.3 and K.4 of Resolution No. 4327). "q Osm.m ro k,nl,mr lucanas 6w,.a�++v bars Mihiwnl pods d tmnl ....x- _ .. Nf I 774' 216' 987 /54' Q, MT 377' aM' SIB' C 771' I T, �� 550 Feet= 1-2 minute walk Figure 7 PSC Report September 27. 2016 GPA 2016-01. ZC 2016-001, TTM 17993, DA 2016-002, DR 2016-004 Page 16 Guest parking for the project would be located along the southern boundary adjacent to the sound wall. The throughway private drives and parking in this location help to separate the residential uses from the Interstate 5 freeway and, together with the private drive, provides a 50'-6" setback from the southern property line. The maximum distance from guest parking to the furthest unit would be approximately 550 feet, or less than a two (2) minute walk (Figure 7). Architecture The project includes two (2) townhouse product types (Melrose Place and Veranda Court) to be constructed in four (4) architectural styles inspired by Cottage, Craftsman, Farmhouse and Spanish period influences (see Architectural Plans, Attachment C) in an effort to acknowledge and compliment the historic homes in the Cultural Resources District across W. 6" Street. Each residential unit would have an attached two-car garage. The buildings would be two (2) to three (3) stories, with two-story frontages placed on W. Sixth and B Street frontages (Figures 8 and 9). r EY EY a_LEr • Sixth Street Frontage Figure 8 While all of the buildings would have similarities in design, each style has individual characteristics that differentiate the architecture and make the facades unique. Within each style are variations on the theme which include different color schemes and number of attached units, porch and front entry styles, facade finish materials (stucco or siding), roofing material, window style and trim, porch and balcony railing, front door and garage door styles, plant shelves, shutter design, and on the Spanish-style building, eyebrow awnings over windows. Buildings with a three-story wall have a stringcourse, or horizontal band, which help to break up the appearance of a three-story wall. Staff has reviewed the proposed materials and has found them to be of high quality and appropriate architectural styles. Conditions 1.1 and 8.7 require the submitted materials be used on the project and any deviation would be subject to approval by the Director of Community Development. PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993. DA 2016-002, DR 2016-004 Page 17 Roof top mechanical equipment would be fully enclosed within a parapet, and other electrical equipment and wiring would be stored within "false" chimneys to screen from public view. L 1W wow 1111'i��XiI � I 1 Mir Figure 9 Open Space and Landscape Concept Each unit would have a private entrance and a private yard, patio or balcony between eighty (80) square feet and 200 square feet. Most front yards would have a small accent tree or a larger tree and would be fully landscaped. A recreation building/clubhouse and swimming pool would be located along the project frontage. The one-story recreation building would be designed in a Craftsman style with a central porch and gable at the entrance (Figure 8). The recreation building would provide housing for the pool equipment, a lounge area with a kitchen, and restrooms for pool users. The pool area would be furnished with tables and chairs, cabanas and lounge chairs and a built-in in bar-b-que for use by residents. The site also has two (2) passive open space areas of approximately 2,815 and 2,416 square feet for use by residents, (Figure 10) PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016-002, DR 2016-004 Page 18 Publicly ca v ot[aFe sF cF sa vssv Accessible Park - - - - TT M - ■w revuendReums tsaY IM1tIe.OFOIY S.IbY � as PaseoRec Room&Pool i 2,815 SF ., 2.416 SF Paseo VFI1plF f../![ .. F .i x, a Mx. 1 Figure 10 The project proposes three (3) paseos in the Melrose Place units and five (5) paseos in the Veranda Court units. These paseos would provide passive recreational open spaces for walking, sitting or gathering in small groups. The paseos would include outdoor furnishings including chairs and coffee tables, a fire table and chairs, and overhead string lighting. In addition, landscaped pathways would provide walking amenities, and generally provide pedestrian circulation throughout the development. W F 11 �c2 F ` '�n ;� _ w go bit Y �.r w• � � '� I'' Ips -.-' M I li.iCtl'iettr..OM[o r.,,, IILr 1 Y 1,., .[ ..e[tost..•ee .aee Figure 11 PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016-002, DR 2016-004 Page 19 The landscape palette includes a variety of drought tolerant plant materials including groundcovers, shrubs, succulents and trees (Figure 12). All landscaping would be in compliance with the Water Efficient Landscape Ordinance. J 41 , 114 140 P e- �ti Figure 12 Relationship with Downtown Commercial Core Specific Plan The project site is located within the proposed boundary of the Downtown Commercial Core Specific Plan (DCCSP). The DCCSP was commissioned by the City Council to create an active, vibrant and cohesive community. The goals of the DCCSP include: • Create an active and vibrant community • Create connection between the DCCSP with existing residential neighborhood and commercial areas. • Foster a walkable and bikeable environment that is accessible to residents, workers and visitors • Preserve and cultivate design character that enhances the community sense of place and build upon the historic downtown. The proposed project implements these goals by adding population/residents to DCCSP to frequent businesses (shopping and dining) and create an opportunity to gather to reinvigorate the area. The project applies design features to create walkable and bikeable environment along with common area to encourage public gathering. The PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TCM 17993, DA 2016-002, DR 2016-004 Page 20 project's interface also respects the adjacent historic homes and the cultural district as a whole by using compatible architectural style and massing. Affordable Housing , State Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The basis for state housing laws are findings of the State Legislature that availability of housing is of vital statewide importance, and attainment of decent housing and a suitable living environment for every Californian is a priority of the highest order. Achievement of this goal requires cooperation between government and the private sector to expand housing opportunities and accommodate the housing needs of Californians of all economic levels, ages, and specialized needs. In compliance with State Housing Law, Goal 1 of the Tustin General Plan Housing Element is to provide an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents. In furtherance of this goal, the City is proposing to adopt a requirement that fifteen percent (15%) of all new housing construction be made affordable to very low, low or moderate income households in specified percentages or that an in-lieu fee is paid to the City which the City will then use for development of affordable housing. In that this requirement is not yet in place and, for the benefit to the developer of the General Plan Amendment and Zone Change to change the land use designation and allow for residential densities as well as a vested right to construct the project as discussed herein, the DA contains a provision that the developer pay the City in-lieu fees which would allow the City to invest in affordable housing at another location within the City (Condition 16.3 of Resolution No. 4327). Development Agreement To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic .risk of development, the California Legislature adopted the Development Agreement Statute of the Government Code. Pursuant to the statute, a City may enter into an agreement with any person having a legal or equitable interest in real property for the development of such property and establish certain development rights therein. TCC Chapter 9600 sets forth the process for which development agreements are to be considered. The general purpose of DA 2016-002 is to assure the developer, in return for developer's commitment to project, the City will in turn remain committed to the development of the site and the Planned Community Regulations. These assurances require the cooperation and participation of the City and developer and could not be secured without mutual cooperation and commitment to the comprehensive planning that has resulted in the DA and Planned Community Regulations. PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016-002, DR 2016-004 Page 21 The DA includes, but is not limited to, the following terms of the agreement: • The term of DA 2016-002 will commence on the effective date (City Council approval) and continue for a term of five (5) years thereafter, unless the term is terminated, modified or extended by circumstances set forth in DA 2016-002. • The permitted uses on the property, the density and intensity of the use and development standards as referenced above. • A vested right to carry out and develop the project site in accordance with DA 2016- 002 and DR 2016-004, should the GPA and ZC be approved. • Public benefits including public access to a privately owned and maintained 3,709 square foot mini park along W. Sixth Street and the provision for private recreational facilities including a swimming pool, recreation building, and pedestrian paseos, in return for credit toward park in-lieu fees. • Payment of affordable housing in-lieu fees. • Removal of an existing on-site cell tower and related ground equipment upon expiration of the existing cell tower lease. • Construction phasing for the project to ensure timely completion of the project. • Construction of an intersection "bulb out' at the southwest corner of W. Sixth Street and B Street and associated street striping on B Street. • Payment of Street and Highways Improvements fees for future intersection and signal improvements. • A non-illuminated sign identifying "Old Town Tustin" to be placed on the south side of the sound wall adjacent to the Interstate 5 freeway. Old Town Tustin along Interstate 5 Freeway PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TrM 17993, DA 2016-002, DR 2016-004 Page 22 TCC Section 9601 requires that a fiscal impact statement be submitted along with an application for a DA in order for the City to determine whether or not the project will fiscally impact the City. The attached Fiscal Impact Analysis (Attachment F) assesses the revenues and costs of the project in relation to the existing land use. The current fiscal performance of the existing industrial improvements and business activity, according to the Fiscal Impact Assessment prepared for the project, is a fiscal burden on the City of approximately $1,600 per year due to low taxable property value per acre and the provision of public services. The analysis indicates that the project would generate approximately $155,000 per year in revenue to the City from property tax and sales tax, which would be offset `by services provided by police, fire and recreation/maintenance services in an approximately amount of $72,000.00, or an overall net revenue projection of $83,000.00 annually. Public Comments Staffhas received two (2) letters and/or emails from residents in the area that were not received within the environmental review period (Attachment 1). Recently,. the Tustin Preservation Conservancy hosted a community meeting with the developer, Intracorp So- Cal-1, LLC, with approximately sixty (60) residents in attendance. A list of questions and concerns was provided to staff following the meeting and is also provided in Attachment I. Responses to the comments are also included. ENVIRONMENTAL: A MND has been prepared for this project (Exhibit A of Resolution No. 4324). The draft MND was made available for public review from July 27, 2016, to August 26, 2016. Comments received on the MND and although not required by CEQA for an MND, City responses to the comments are provided in Attachment M. As part of the environmental review, an architectural survey was conducted for nine (9) of the existing buildings on the site that were constructed prior to 1971 (forty-five (45) years or older) and were evaluated for eligibility for listing on the California Register of Historic Resources. None of the nine (9) buildings were found to be eligible for listing and do not retain sufficient integrity for listing. These buildings were not considered significant cultural resources based on the evaluation. The remaining two (2) buildings were not evaluated as they have not attained forty-five (45) years. Generally, properties eligible for listing as an historical resource are at least fifty (50) years old. Properties less than fifty (50) years of age must be exceptionally important to be considered eligible for listing. The MND also addressed construction impacts on the adjacent neighborhood, resulting in mitigation measures related to the control of dust and air quality during construction, and hours of construction. PC Report September 27,2016 GPA 2016-01,ZC 2016-001,TTM 17993, DA 2016-002, DR 2016-004 Page 23 As a lead agency for a private development project, the City of Tustin must initiate consultation with all California Native American tribes that request consultation as part ` of the CEQA review process pursuant to Public Rsources Code Section 21080.3.1(b). The City notified and offered consultation about this project on March 18, 2016 to three California Native American Tribes that had previously requested notification. The City entered into consultation with the Gabrieleno Band of Mission Indians -- Kizh on April 14, 2016 and concluded consultation on May 25, 2016. As a result of the consultation, Mitigation Measure C3 has been included in the MND and requires the developer to retain a Native American monitor to provide monitoring services during construction activities that may disturb native soils to a depth of eighteen (18) inches or more below the surface. CONCLUSION The' project involves the development of a 140-unit for-sale condominium complex consisting of twenty-seven (27) buildings which would replace eleven (11) industrial buildings. GPA 2016-01 is consistent with the General Plan goals and policies. The project is within walking distance of Old Town Tustin's retail and restaurant,establishments and will bring new residents into Old Town Tustin. As discussed in the Fiscal Impact Analysis submitted with the project DA, the project would have a positive fiscal impact on the City, over and above the existing financial contribution of the industrial uses on the site. Demolition of the structures on the subject property and construction of the residential condominiums would not have an impact on a historical resource. The project site is not located within the Cultural Resources District, but is immediately adjacent. A residential project will be more compatible with the existing residential uses in the vicinity. The project meets the development standards including parking for guests which has been provided in a quantity roughly double what is required for the project. The project provides a building design and orientation reminiscent of the single-family detached residences along W. Sixth Street while still allowing for the massing necessary for a multifamily project constructed in the 21St Century. The project will enhance the streetscape along W. Sixth °Street with buildings which engage the street and provide detailing and features along the frontage as seen in single family residences. The project is sensitive to the Cultural Resources District and responds well to the streetscape. Enhancement of the visual character of the site and surroundings will occur as a result of the project. The proposed GPA and ZC would further the objectives for Old Town Tustin by bringing quality residential development with people who would frequent Old Town businesses. TTM 17993 is consistent with the Subdivision Map Act and the City's Subdivision Ordinance and the Vintage Planned Community Regulations. Analysis of DR 2016-004 has determined that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the PC Report September 27, 2016 GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016.002, DR 2016-004 Page 24 present or future development therein, or the occupancy as a whole. Accordingly, staff recommends that the Planning Commission provide a recommendation of approval for the proposed project. A decision to approve this request may be supported by the findings contained within the attached Resolutions. Elaine Dove Elizabeth A. Binsack Senior Planner, AICP Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Vintage Planned Community Regulations E. Parkland Dedication Memorandum F. Fiscal Impact Analysis G. Outside Agency Comments H. Alternative Site Plan I. Public Comments/Letters J. Resolution No. 4325 — MND K. Resolution No. 4326 — GPA 2016-01 L. Resolution No. 4328 — ZC 2016-001 M. Resolution No. 4327 — SUB 2016-031TTM 17993, DR 2016-004, DA 2016-002 ATTACHMENT A Location Map LOCATION MAP 420 W. 6th Street & 320-690 S. B Street, Tustin, CA it 53! 4. a7 455 � zzz 45 a A - 460 "+ 500 505 46 7 A C 625 530 n_... 515 505 51 633 520 C A __ _... _.. - —. 16 5'.5 520 �.��iomgm B C A 536 .- - 631 / 620 26 J � 530 42 A ❑ 540 y;545530J X35 540' i —550 n. 5 2 m �r5 ss M 300 FEET i� q q q q 3'30 azo 619 660 arc PROJECT SITE q 42 c52 6z64 622 62 5 62 11 400. 636 632 500 FEET 030 656 LL 9Nq FR - .0 549 624 638- EF�ygY q a 640 640 642 I 642 &50 652 2iU2 5 690 653 668 654 E ^CAMINO 692 656 N� 660 658 �4 694 562 17216 h .. 655 664! P' m 71 BN s .730__740 77 I _ 750 J 7276 17236 17274 17272 C `\\ 35582 iclmeae....c.as.ewcr 17242 17246 17256 -V "RTE"RTE 15601 015582 206 ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): GPA 2016-01:TTM2016-03:ZC 2016-001: DA-2016- 002: DR 2016-004 2. LOCATION: SWC 6"&B STREET 3. ADDRESS:420 W. a STREET and 320-694 S. B STREET 3, Parcels 1,2 and 3,as shown on a map filed in Book 190, pages.34 and 35 of Parcel Maps in the Office of the County Recorder of Orange County 5. APN(S):401-341-04 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: NIA 7. SURROUNDING LAND USES: NORTH: SINGLE FAMILY RESIDENTIAL SOUTH: NIA-INTERSTATE 5 EAST: INDUSTRIAL AND COMMERCIAL USES WEST: INDUSTRIAL USES(SELF STORAGE) 8, SURROUNDING ZONING DESIGNATION: NORTH: R1 —SINGLE FAMILY RESIDENTIAL SOUTH: NIA EAST: PM—PLANNED INDUSTRIAL and C2—GENERAL COMMERCIAL WEST: PM—PLANNED INDUSTRIAL 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: LDR—LOW DENSITY RESIDENTIAL SOUTH: (NIA—FREEWAY) EAST: I—INDUSTRIAL and OTC—OLD TOWN COMMERCIAL. WEST: I (Industrial) 10. SITE LAND USE: A. EXISTING: INDUSTRIAL PARK B. PROPOSED: RESIDENTIAL C. GENERAL.PLAN: I-INDUSTRIAL D. ZONING: PM—PLANNED INDUSTRIAL PROPOSED GP: P-C RESIDENTIAL PROPOSED ZONING: PC (PLANNED COMMUNITY) DEVELOPMENT FACTS: 11. LOT AREA: 296,817 S.F. 6.81 ACRES 12. BUILDING LOT COVERAGE: 45% MAX. PERMITTED 45% PROPOSED 13. SITE LANDSCAPING: NIA REQUIRED 62,604 SF PROPOSED 14. OPEN SPACE: 42.000 SF REQUIRED 58,045 SF PROPOSED 15, PARKING: 2-CAR GARAGE/UNIT REQUIRED Forms:Land UseApplicationFactSheet 2-CAR GARAGE/UNIT PROPOSED .25 GUEST SPACES PER FOUR UNITS REQUIRED (35) .49 GUEST SPACES PER FOUR UNITS PROPOSED(69) 16_ BUILDING HEIGHT: TWO STORY 30 FEET MAX REQUIRED TWO STORY 28-30 FEET PROPOSED THREE STORY 42 FEET MAX REQUIRED THREE STORY 38-42 FEET PROPOSED 17. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 5 FEET REQUIRED 5 TO 10 FEET PROPOSED SIDE(INTERIOR) 3 FEET REEQUIRED 3-12 FEET PROPOSED SIDE(CORNER) 5 FEET REQUIRED 5-6 FEET PROPOSED REAR: 5 FEET REQUIRE 5-20 FEET PROPOSED ATTACHMENT C Submitted Plans (PDF provided via Wad and/or spiral bound copies to be provided) ' 4 _ ATTACHMENT D Vintage Planned Community Regulations V I NTAGE Planned Community Regulations F it i1r, VINTAGE Prepared for the City of Tustin, California September 27, 2016 Table of Contents Vintage Planned Community District Regulations..................................................................................................................2 1. INTRODUCTION......................................................................................................................................................................2 1.1. Project Objectives.......................................................................................................................................................2 1.2. Project Setting..............................................................................................................................................................2 1.3. Existing Conditions.....................................................................................................................................................3 1.4. Key issues.......................................................................................................................................................................4 2. STATISTICAL SUMMARY......................................................................................................................................................4 2.1. Melrose Place................................................................................................................................................................4 2.2. Veranda Court..............................................................................................................................................................5 3. LAND USE REGULATIONS...................................................................................................................................................5 3.1. Purpose and Intent.....................................................................................................................................................5 3.2. Permitted and Conditionally Permitted Uses...................................................................................................5 3.3. Development Standards..........................................................................................................................................5 3.4. Open Space...................................................................................................................................................................6 3.5. Fences and Walls.........................................................................................................................................................6 3.6. Signage...........................................................................................................................................................................7 3.7. General Parking Requirements..............................................................................................................................7 3.8. Private Drives................................................................................................................................................................8 3.9. Other Development Standards..............................................................................................................................8 4. IMPLEMENTATION AND ADMINISTRATION.................................................................................................................8 4.1. Responsibility...............................................................................................................................................................8 4.2. Interpretations.............................................................................................................................................................8 4.3. Modifications................................................................................................................................................................9 4.4. Subdivisions..................................................................................................................................................................9 4.5. Variances,Conditional Use Permits,and Other Discretionary Actions...................................................9 4.6. Amendment to District Regulations....................................................................................................................9 4.7. Enforcement..................................................................................................................................................................9 4.8. Severability Clause......................................................................................................................................................9 4.9. Design Review..............................................................................................................................................................9 5. CONCEPTUAL DEVELOPMENT PLANS.........................................................................................................................10 Figure1: Local Vicinity........................................................................................................................................................................3 Table1: Proposed Home Types.......................................................................................................................................................5 Table2: Parking Requirements........................................................................................................................................................7 Figure 2:Conceptual Development Plan..................................................................................................................................10 Figure 3:Conceptual Sixth Street Elevations..........................................................................................................................10 Figure5:Typical Paseo Concepts................................................................................................................................................12 Figure 6: Recreation Center and Public Park Concept.........................................................................................................13 Figure 7:Conceptual Monumentation Signage.....................................................................................................................14 City of Tustin I Vintage Planned Community District Regulations Vintage Planned Community District Regulations 1. INTRODUCTION The Vintage Planned Community District Regulations represent the orderly plan to develop a new high- quality residential community in the City of Tustin. This section outlines the project objectives, project setting, existing conditions, and key ways in which the Vintage Planned Community implements the City's General Plan vision and improves the quality of life in the City. 1.1. Project Objectives The regulations set forth in this set of District Regulations for the Vintage Planned Community District have been established to satisfy the Planned Community District requirements of the Tustin City Code and to provide diversification among the relationship of uses, buildings and structures in planned building groups. These regulations provide direction for the orderly development of 140 multifamily residential units on an existing 6.81 acre industrial site in the City of Tustin. The application of these regulations and development standards are intended to achieve the following major objectives: • Encourage the appropriate use of land within the City. • Create a harmonious residential development that protects the health, safety and general welfare of the community and provide the flexibility needed to create a quality environment. • Develop a collection of high-quality multifamily homes that appeal to a diverse market of homebuyers, promote the site's potential,and enhance the character of the site and adjacent land uses. • Revitalize older industrial development to maintain a quality urban environment adjacent to Old Town Tustin, and reposition the current site into a more attractive residential project compatible with the surrounding single-family neighborhood. • Provide access to open space and recreation with the provision of on-site facilities. • Improve the city-wide urban design and pedestrian environment along Sixth Street and B Street through site design, building orientation, and landscaping, and by creating a uniquely identifiable neighborhood. • Incorporate sustainable design strategies, including water-efficient landscaping and energy-saving appliances. Development within the Vintage Planned Community shall occur consistent with these Planned Community District Regulations, including the Conceptual Development Plans in Section 5.0. 1.2. The Tustin Vintage project is a 6.81 acre site located at the southwest corner of Sixth Street and B Street in the City of Tustin,just north of Interstate 5(1-5/Santa Ana Freeway). Regional Location The City of Tustin is located in central Orange County, and is bordered by Irvine to the south and east, unincorporated portions of the County of Orange and the City of Orange to the north,and Santa Ana to the south and west. The City encompasses 11.082 total square miles, with a population of approximately 75,000 residents (2016). Access to the Vintage site is provided via 1-5 and SR-55 (Costa Mesa Freeway), which intersect directly southwest of the project area. City of Tustin I Vintage Planned Community District Regulations Figure 1: Local Vicinity FIRST STREET J d J r", U Z CITY OF U U TUSTIN J MAIN ST LLJ 5 SIXTH ST ;SITE < 55 LLJ CD J T� T J lel > d. d (~I7 LL.I a- MCFADDEN AVE Local Context The Vintage site is located just west of the Old Town Commercial area in Tustin, which is characterized by retail, professional offices, and service-oriented businesses serving Old Town Tustin. To the north of the project area is a single-family residential neighborhood,which encompasses several historic homes.These homes are located within the boundaries of Tustin's Cultural Resources District, which was created to ensure the maintenance, preservation, and enhancement of Tustin's Old Town area and existing single family zoning within the area. Existing vehicular access to the site is provided along Sixth Street to the north and B Street to the east. 1.3. Existing Conditions Property on the site currently serves an array of uses including sign and electronics light manufacturing facilities for signs, as well as a church, self-storage facility, and a number of other similar uses. None of the existing structures will be retained as part of the project, and demolition of any existing on-site structures will occur before project grading begins City of Tustin I Vintage Planned Community District Regulations General Plan Under the Tustin General Plan, the project site is designated as an Industrial land use, which permits industrial and office uses, such as wholesale businesses, light manufacturing, storage, distribution and sales,research and development laboratories,and service commercial businesses with a max FAR of 0.5. Zoning In the City of Tustin's Zoning Ordinance, the project area is designated as a "Planned Industrial" zone, which allows for various light industrial and manufacturing uses. The PM zone implements the Industrial general plan land use designation. Key issues The land uses and design standards for the PCD align with Tustin General Plan goals to: • Achieve balanced development that accommodates existing and future needs for housing and community facilities. • Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints and the City's unique characteristics and resources. The development types proposed in these regulations are compatible with the historic and architecturally significant residential properties which lie adjacent to the project area. • Revitalize older industrial developments to maintain a quality urban environment, and create more complimentary uses in between the historic district and the freeway. • Improve city-wide urban design by creating uniquely identifiable neighborhoods that connect with the best parts of the community,and provide for both public and private open space. • Promote economic expansion and diversification of the Old Town District. The integration of residential uses in Old Town provides increased market support for retail and commercial uses, and improves the vitality of the district. • Provide new for-sale market rate housing options in the City of Tustin. STATISTICAL SUMMARY The Vintage project includes two townhome product types (Melrose Place and Veranda Court) that have been designed to blend harmoniously with the surrounding neighborhood and the existing single-family homes along Sixth Street. The project supports a range of unit sizes with three- and four-bedroom floor plans that meet the housing needs of the community.The Vintage project allows for the development of 140 townhome residential units.Table 1 outlines the proposed product details. _L Melrose Place Melrose Place homes range in size from 1,700 to 2,300 square feet, utilizing four different creative floorplans.A total of 92 Melrose Place units are proposed.Melrose Place units are located along Sixth Street and B Street, generally in groups of 4 to 8 units per building, and are 2-3 stories tall, with a maximum building height of 42 feet.All Melrose Place units include two-car attached garages (side-by-side) accessed from private drives. City of Tustin I Vintage Planned Community District Regulations Veranda Court homes range in size from 1,400 to 1,700 square feet, featuring three separate floorplans. Veranda Court homes are proposed in packs of four(for a total of 48 units) and are generally located along the project's southern boundary parallel to 1-5. All Veranda Court units are three stories, with a maximum building height of 42 feet.All Veranda Court units include two-car attached garages(side-by-side)accessed from private drives. Table 1: Proposed Home Types RangeHome Type Units Groupings Melrose Place 92 1,700 SF—2,300 SF 4—8 units/building Veranda Court 48 1,400 SF— 1,700 SF 4—5 units/building LAND USE REGULATIONS The land use regulations and development standards contained within this document act as a principle part of the controlling mechanism for implementation of the Planned Community District designation. Standards set forth in this Section will ensure that development within the Vintage Planned Community proceeds in a consistent and appropriate manner. Purpose and Intent To accommodate the proposed development's variety of home types, variations from the City zoning regulations are necessary.The City's Planned Community zoning district (P-C) provides the mechanism for creating special land use regulations to best meet the needs of the project area. These custom-tailored regulations support the project's integration into the existing neighborhood and help create a more pedestrian-friendly environment along Sixth Street and B Street. For these reasons, a zone change from Planned Industrial (as described in Section 1)to Planned Community(P-C) is proposed. 3.2. Permitted and Conditionally Permitted Uses The following uses shall be permitted in the Vintage project area: • Dwelling,multiple • Home occupations All uses not specifically listed above are prohibited in the project area. Additionally, temporary uses are subject to provisions of Tustin City Code. Development Standards The development standards contained in this Planned Community (P-C) district document solely apply to the subject site and supersede all provisions, standards, and requirements of Tustin City Code, except in instances where the district regulations remain silent. If a conflict arises between the regulations contained in this code and the City's Municipal Code,then the standards in this chapter shall take precedence. • Gross Acres:6.81 acres • Gross Density:20.6 du/ac • Lot Coverage:45% City of Tustin I Vintage Planned Community District Regulations • Minimum front yard setback:5 feet • Minimum interior side yard setback: 3 feet • Minimum corner side yard setback:5 feet • Minimum rear yard setback: 5 feet • Minimum building to building separation: 10 feet • Maximum Building Height:Two stories,30 feet.Three stories,42 feet. 3.4. Open Space The Vintage community presents a complete landscape program with ample private and common open space to serve the active and passive recreation needs of its residents. Private open space will be maintained by the property owner and common open space will be perpetually owned and maintained by the Homeowners Association. Private Open Space Private open space provides individual outdoor areas where residents can enjoy themselves in relative privacy.These spaces may take the form of yards, patios,or balconies and be designed to allow residents to relax,gather,garden,and/or eat in an outdoor environment.Vintage requires a minimum of 80 square feet of private open space per unit;the actual amount of private open space provided per unit ranges from 80 square feet to 200 square feet. Common Open Space Vintage also provides common open space in the form of a Public Park, recreation area, and pedestrian paseos. A minimum of 300 square feet of common open space is required per unit. The Public Park, fronting on Sixth Street, has an informal "garden" aesthetic to fit the existing streetscape character. The park features a seat wall area with central decorative feature, lawn area,and dog waste station. The recreation area, located just south of the park, features an 880 square-foot clubhouse that provides social space, changing space and restrooms. Additional features of the recreation area include an 800 square-foot pool, cabanas and loungers,tables and chairs, raised planters with built in seating, and a built- in BBQ.The clubhouse, pool,and associated features shall meet accessibility standards. The pedestrian paseos provide passive open spaces where people can walk, sit or gather in small groups are located between residential buildings.The project's paseos include outdoor seating (chairs and coffee tables), gathering space (fire table and chairs), and ambient lighting. Landscaped parkways are located throughout the community, providing an additional amenity for residents looking to take a leisurely walk with their family or pet. "No outlet" signage will be installed at the entrance of all alleys to convey paseo access is for residents only. Fences and Walls Vintage is designed to blend harmoniously with the existing single family neighborhood, and as such, the project features only a limited number of fences and walls. The intent is for the community to feel open and welcoming, while still providing the necessary protection from 1-5 and security for its recreational facilities,residents and guests. City of Tustin I Vintage Planned Community District Regulations Noise Wall Adjacent to 1-5 The community will be protected from the noise of 1-5 by a 20-foot sound wall running the length of its southern boundary, adjacent to 1-5.The freeway is sloped such that the south end of the project site is 9.5 feet below the freeway's grade, and at the northern portion of the site, 4 feet below the freeway's grade. Thus, when viewed from the residential side, the noise wall is 20 feet, but when viewed from 1-5,the noise wall would only appear to be 10.5 feet in height at the southern edge and 16-feet high at the northern edge. Freeway Security Fencing A freeway security fence will be installed on-site to provide protection between the freeway and the project and to provide access to the space between the freeway and the sound wall adjacent to 1-5. The allowable Freeway Security Fence height shall be up to and including 8 feet 6 inches. Recreation Area Security Fencing The recreation area will be protected with a 6-foot tall wrought iron security fence.The design of the fence will be integrated into the site design to ensure it does not distract from the high-quality landscape design and architecture of the project. Private Front Yards In some areas of the community, units have private front yards; private open space is delineated on the architectural open space exhibit to mark the difference between personal private space belonging to a specific unit (and maintained by that unit) and common open space accessible to the community (maintained by the homeowner's association). 3.6. Signage Monumentation identifying the project will be sited within the project site boundary on the southwest corner of Sixth Street and B Street, in compliance with the Tustin City Code. Signage may read "Vintage at Old Town Tustin"; final signage content and design will be provided by the City prior to issuance of building permits. General Parking Requirements A minimum of two (2) enclosed garage spaces shall be provided for each dwelling unit (280 covered spaces). In addition,a minimum of 0.25 guest spaces per unit is required (35 uncovered guest spaces). Table 2: Parking Requirements SpacesHome Type Units Required Covered Spaces Required Guest Melrose Place 92 184 23 Veranda Court 48 96 12 Total 140 280 35 On-site, the project provides the required 280 covered parking spaces and exceeds the required guest spaces by actually provided 69 guest spaces (34 more than required); overall, the project provides 349 parking spaces on-site. Based on these figures, the project is actually providing nearly two times the required guest spaces to ensure the project adequately meets the needs of the community. City of Tustin I Vintage Planned Community District Regulations Parking area dimensions, locations and access shall conform to the City's design review criteria on file in the Community Development Department. At a minimum, garages shall be 20'x20' inside clear dimension. Each residential garage shall be designed and constructed to be electric vehicle charging station (EVCS) ready. Open parking spaces shall be a minimum of 9 feet wide by 19 feet deep including any bumper overhang. Up to a two (2) foot overhang may be permitted into a landscape planter or sidewalk area provided the sidewalk has sufficient width to comply with accessibility requirements. In the guest parking area,at least one space shall be EVCS ready. 3.8. Private Drives Private drives with no guest parking (parallel or pull-in) within the travel way shall have a minimum travel way width of 20 feet curb face-to-curb face. Private drives with on-street (private drive) guest parking shall have a minimum travel way width of 26 feet. Sidewalks are not required within private drives, but are provided to create key pedestrian connections within the community. Sidewalks,where provided, shall be designed in accordance with Standard B102 of the City's Construction Standards for Private Streets, Storm Drains, and On-Site Private Improvements, and shall be subject to compliance with applicable accessibility requirements of the Americans with Disabilities Act,Title 24 of the California Building Code as locally amended,and the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines. 3.9. Other Development Standards Any development standards which are not specifically identified within the District Regulations shall be subject to the applicable provisions of the Tustin City Code. IMPLEMENTATION AND ADMINISTRATION Administration of the provisions of these regulations shall be undertaken by the City of Tustin in accordance with the State of California Government Code, Subdivision Map Act, the Tustin General Plan and the Tustin City Code. Other documents have been prepared and processed concurrently with the adoption of the Vintage District Regulations, including a General Plan Amendment, Zoning Change, and Development Agreement. Responsibility The Community Development Department of the City of Tustin shall be responsible for the administration and enforcement of provisions of these regulations. Interpretations If ambiguity arises concerning the appropriate application of provisions contained in these District Regulations,the Community Development Director shall make the appropriate determination. In making a determination,the Director shall consider the following,but not by way of limitation: • Prior administrative interpretation of similar provisions; • General intent and purpose of these District Regulations; • Provisions contained in the General Plan;and, • Other provisions of the Tustin City code where standards do exist. Any decision of the Director may be appealed to the Planning Commission. City of Tustin I Vintage Planned Community District Regulations Modifications The characteristics and amenities of the Vintage Planned Community are to be implemented through adoption of development plans. Any modifications to the approved development plans shall be processed in accordance with the provisions of the Tustin City Code. 4.4. All divisions of land shall be processed in accordance with the Tustin City Code and State Subdivision Map Act. 4.5. Variances,Conditional Use Permits,and Other Discretionary Actions All applications shall be processed in accordance with the Tustin City Code. 4.6. Amendment to District Regulations Any amendment to these District Regulations contained herein which change the allowed uses within the development, impose any regulation upon property not therefore imposed, or removes or modifies any such regulation shall be initiated and processed in the same manner set forth in the Tustin City Code for amending the Zoning Code. Enforcement The District Regulations are adopted by Ordinance and are therefore subject to penalty provisions of the Tustin City Code. Specifically, violations of land use or development standards shall be subject to penalty provisions and citation procedures of the Tustin City Code, in addition to the City's authority to seek civil litigation in a court of law. 4.8. In any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of these Development Regulations is held to be invalid, unconstitutional,or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of these District Regulations. The Tustin City Council hereby declares that these District Regulations and each part, subsection, paragraph, sentence, clause, phrase, or portion thereof would have been adopted irrespective of the fact that one or more portions of the District Regulations may be declared invalid, unconstitutional, or unenforceable. 4.9. Design Review The Vintage project is subject to the City of Tustin's Design Review requirements, as outlined in Tustin City Code Section 9272, Design Review. The intent of the Design Review process is to ensure high-quality exterior design, development and maintenance of structures, landscaping, and general appearance. Prior to the issuance of any building permit,the Community Development Director shall approve,at a minimum, the site plan, elevations, and landscaping for such development. The decision of the Community Development Director shall be final, unless appealed in writing to the Planning Commission, by the procedure specified in Tustin City Code Section 9294. Development shall commence within one year of approval, otherwise, a new evaluation and review shall be required prior to any development, unless otherwise authorized by the Community Development Director. City of Tustin I Vintage Planned Community District Regulations • CONCEPTUAL DEVELOPMENT PLANS The following pages identify the conceptual development plans included in the original development application. The conceptual exhibits are provided for reference only, and minor modifications are acceptable without a change to these District Regulations so long as the original intent and purpose is maintained. See the Tentative Tract Map and Architectural Package for complete details on the Vintage project area. Figure 2: Conceptual Development Plan a BEET I y Il Y/"./L 'yyY i t• _ Jt .} Ah _ V FA Figure 3: Conceptual Sixth Street Elevations ` 4 s 4. Wimm ALLEY CLUBHOUSE ALLEY PASEO ALLEY PUBLIC PARK VINTAGE -- na City of Tustin I Vintage Planned Community District Regulations Figure 4: Conceptual Architecture Styles r. �.s i �■■ NEC llog 3 � ... PMN 1 lima MMw rat pe Y _ 7 J T is r- o i - AMM City of Tustin Vintage Planned Community District Regulations Figure 5: Typical Paseo Concepts o IL w o - a - r � a I F rS u z � a z � r a r c � G O � o � O x f Q w Q �. aw �! V a s t rr City of Tustin Vintage Planned Community District Regulations Figure 6: Recreation Center and Public Park Concept g. x a " W 2 E � L 7. z "'- W w � c� w m ` ❑ — a U zi i � 3 W IL V y City of Tustin Vintage Planned Community District Regulations Figure 7: Conceptual Monumentation Signage ZS VINTAGE r � A F City of Tustin Vintage Planned Community District Regulations ATTACHMENT E Parkland Dedication Memorandum PLACEWORKS MEMORANDUM DATE September 27, 2016 TO Intracorp SoCal-1 LLC CONTACT Jennifer Chirco-Coker, Project Manager FROM Amanda Tropiano, Senior Associate SUBJECT Parkland Dedication:Vintage Planned Community District(Revised) PROJECT NUMBER INTR-01 OVERVIEW Intracorp SoCal-1 LLC, the project applicant for the Vintage Planned Community District, recognizes the importance of providing a diversity of open space to meet the active and passive recreation needs of the community. Vintage features a variety of useable common open space amenities to benefit the project's residents and the greater Tustin community, including a publicly-accessible park along Sixth Street (maintained by the homeowner's association), private recreation facilities including a clubhouse, pool, and patio area, and wide pedestrian paseos with space to relax and congregate. In addition, every unit has its own private space in the form of balconies and/or patios, where residents can enjoy the outdoors in relative privacy. This memorandum outlines the project's parkland requirements and articulates how the project proposes to meet its requirements through credit for private open space and payment of in-lieu fees. PROJECT PARKLAND REQUIREMENTS Tustin City Code Section 9331 subsection "d" defines the City's parkland dedication requirements, including general provisions, standards and formula for land dedication, and the options available to the City and developer to meet the parkland requirements.The City of Tustin's parkland dedication requirements apply to the division of real property defined as a "subdivision" by Section 66424 of the Subdivision Map Act (with some exceptions), and is applicable to the proposed Vintage project. Tustin City Code Section 9331 subsection "d.2" requires that 3 acres of useable parkland per 1,000 project residents be devoted to local park and recreational purposes. The section also establishes the average persons per dwelling unit based on a project's density that shall be used to quantify the required amount of parkland for a specific project.According to these specifications,the 140-unit Vintage project,with an average gross density of 20.6 du/ac, shall use an average persons per dwelling unit of 2.24 people, and be required to provide 0.0067 acres of parkland per unit.Therefore,the Vintage parkland requirement is 40,860 square feet: Vintage parkland minimum requirement:140 units(x)0.0067 acres=0.938 acres(40,860 square feet) MEETING PROJECT PARKLAND REQUIREMENTS As articulated in the Code, projects may comply with the City's parkland requirements in a variety of ways, including land dedication, payment of in-lieu fees, and/or a credit for private open space. Given that these methods may be used in combination (based on Planning Commission approval), Vintage proposes to meet 3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1 714.966.9220 1 PlaceWorks.com PLACEWORKS its parkland requirement through a credit for private open space and payment of in-lieu fees for the remainder of its requirement,as described below. Private Open Space Credit Request Tustin City Code Section 9331 subsection "d.5" states that private open space provided as part of a proposed subdivision may be credited against the project's parkland requirement, up to 25% of the project's total parkland requirement. Section 9331 of the Code is provided as Attachment A for reference. Vintage's parkland requirement is 40,860 square feet; therefore, per the code, up to 10,215 square feet of private open space may be credited against this requirement. This section outlines the justification for the proposed credit per requirements "a"through "Y' of Tustin City Code Section 9331 subsection "d.5". Compliance with Section 9331.d.5.a Code: Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space. Response:The Vintage Planned Community District Regulations,which will act as the zoning regulations for the project area, requires 80 square feet of private open space and 300 square feet of common open space per unit. All open space required per the District Regulations is not included in the computation of the private open space credit request. The provision of common private open space and the requested credit for private open space credit is outlined in Table 1 below. Table 1: Vintage Common Open Space Common Open Space Provided 415 sf 58,045 sf Required Common Open Space(per Vintage Planned Community 300 sf 42,000 sf District Regulations) Excess Common Open Space Provided Beyond Required Amount 115 sf 16,045 sf (58,045 sf provided—42,000 sf required) Requested Private Open Space Credit(25%of 40,860 sf,the 73 sf 10,215 sf project's total parkland requirement) As demonstrated in Table 1, the project has sufficient excess common private open space (16,045 sf) to apply as a credit towards 25%of its parkland requirement(10,215 sf). Compliance with Section 9331.d.5.b Code: The private ownership and maintenance of the open space is adequately provided for by written agreement. Response:The Vintage Planned Community District Regulations, Section 3.4, Open Space, serves as written agreement that the project's common private open space will be owned and maintained by the Homeowners Association and Conditions, Covenants & Restrictions (CC&Rs). The CC&Rs will also provide maintenance requirements for the common open space. September 27,2016 1 Page 2 PLACEWORKS Compliance with Section 9331.d.5.c Code: The use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the responsible decision maker. Response: Public access to the 3,709-square-foot Public Park will be required as a condition of approval and it will be shown as a separate lot on the tract map (per direction provided by City of Tustin staff, April 14, 2016). The City of Tustin could add an additional condition of approval requiring that the project area maintain, unless otherwise approved by the responsible decision maker, a total of 58,045 square feet of common open space, thereby memorializing the amount of common open space provided and considered in this private open space credit request. Compliance with Section 9331.d.5.d Code:The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, including provisions for bicyclists, and location of the private open space land. Response: The common open space is distributed equitably throughout the project, providing special places to congregate and recreate along the project's paseos and at its centrally located recreation center (with clubhouse and swimming pool) and 3,709-scaure-foot Public Park located adjacent to 6t" Street. The common area is very useable and has been programed with amenities that meet the everyday needs of the community's future residents, including a barbecue, picnic areas, lounging spaces, and peaceful environments for passive recreation. The community's pedestrian paseos feature lush walking paths with rich landscaping and seating areas, providing quality visual relief in the areas between the project's residential units.See Attachment B for an illustration of the project's open space types and locations. Compliance with Section 9331.d.5.e Code: The facilities proposed for the open space are in substantial accordance with the provision of the Recreational Element of the General Plan, and are approved by the responsible decision maker. Response:The proposed open space facilities in the Vintage Community embody the goals and policies of the City of Tustin's Conservation/Open Space/Recreation Element, in particular Goal 14, which states the City will "encourage the development and maintenance of o balanced system of public and private parks, creation facilities, and open spaces that serves the needs of existing and future residents in the City of Tustin". Given that the City of Tustin has limited vacant land available for development of new recreational facilities, public-private partnerships to provide must-needed open space, especially in the southern and western neighborhoods where densities are higher (where this project is located). The high-quality recreation center, Public Park, and enhanced paseos proposed for Vintage provide the active and recreation amenities for its residents. The Public Park will be open to the public via an access easement in favor of the City and will be perpetually maintained by the homeowners association, in accordance with Tustin General Plan Goal 17, Policy 17.4. Compliance with Section 9331.d.5.f Code: That the open space for which one hundred (100) percent credit is given is a minimum of one (1) acre and provides at least one (1) of the park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area: September 27,2016 1 Page 3 PLACEWORKS 1) recreational open spaces (park areas for active recreation), 2) court areas, 3) recreational swimming areas,and/or 4) recreational buildings and facilities. Response: Vintage provides 1.33 acres (58,045 square feet) of common open space (privately owned and maintained), thereby meeting the 1.0-acre minimum size requirement identified in the Code. This area is comprised of the 3,709-square-foot Public Park (which will be publicly accessible), pedestrian paseos, recreational swimming pool (improvement 3), and recreational building with associated facilities (improvement 4) . Payment of In-Lieu Fees Per Tustin City Code Section 9331 subsection "d.4", whenever parkland requirements are satisfied through a combination of credit (or dedication) and fees, the amount of the park fee shall be computed by determining the required amount of parkland (40,860 square feet) and subtracting the credit (10,215 square feet) and converting the remainder(30,645 square feet)to a "fee" on a per unit basis, based on the market value of the project acreage, in accordance with Tustin City Code Section 9331 subsection "d.3". The value of the acreage is to be determined by professional real estate appraisal. As specified in the Code, fees shall be deposited with the City prior to the approval of the final map. September 27,2016 1 Page 4 2/9/2016 Tustin,CA Code of Ordinances 9331 - DEDICATIONS, RESERVATIONS AND DEVELOPMENT FEES a Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights-of-way or Easements To be consistent with the Circulation Element of the General Plan and to the extent permitted by Law, the subdivider may be required, as a condition of approval of a tentative map, to dedicate or make an irrevocable offer of dedication of real property both on- and off-site required for public use or benefit, including, but not limited to, streets and alleys (including access rights), drainage, public greenways, parks, bicycle paths, trails, scenic easements, public utility easements, local transit facilities as provided in Section 66475.2 of the Subdivision Map Act, and other public easements. In addition, the subdivider may also be required to improve or agree to improve all streets and alleys, including access rights, drainage, public greenways, bicycle paths, trails, public utility easements, and other public easements. Improvements shall be made in accordance with 9332 (Improvements). b Waiver of Direct Access Rights The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. c Dedications/Fee Title All dedications of property to the City for public purposes shall be made in fee title, except that, in the City's discretion, a grant of an easement may be accepted for the following purposes: Open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. d Parkland Dedication To implement the Conservation/Open Space/Recreation Element of the General Plan which contains policies and standards for parks and recreational facilities, the subdivider shall dedicate land or pay a fee in lieu thereof, or a combination of both, at the option of the City except as otherwise provided in Government Code Section 66477, for the purpose of developing new or rehabilitating existing neighborhood or community parks and recreational facilities to serve the subdivision, and in accordance with the standards and formula contained in this section. 1 . General Provisions a) Applicability. The provisions of this section shall be applicable to the division of real property defined as a "subdivision" by Section 66424 of the Subdivision Map Act. b) Exceptions. Park land dedications or fees in lieu thereof shall not be required for the following: (1) Industrial subdivisions. (2) Commercial subdivisions. (3) Condominium projects or stock cooperatives in an existing apartment building which is more than five (5)years old and no new dwelling units are added. https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 1/11 2/9/2016 Tustin,CA Code of Ordinances (4) Subdivisions containing less than five (5) parcels and not used for residential purposes. c) Waiver. Parkland dedication fees may be waived by the City Council in its discretion upon the submission and approval of agreements for specific projects designed and guaranteed for low income, senior and handicapped citizen occupants. 2. Standards and formula for land dedication: a) The public interest, convenience, health, welfare, and safety require that three (3) acres of usable park land per one thousand (1,000) potential population be devoted to local park and recreational purposes. b) When the requirements of this section are complied with solely on the basis of the dedication of parkland, the minimum amount of land to be provided shall be computed by multiplying the number of proposed dwelling units by the parkland acres per dwelling unit in accordance with the appropriate density classification in the following table: Dwelling Units per Gross Average Persons per Parkland Acres per Dwelling Acre Dwelling Unit Unit 0-7 3.39 .0102 7.1-15 2.85 .0086 15.1 -25 2.24 .0067 Mobile home parks 2.24 .0067 Source: Tustin General Plan Land Use Element, as amended These density ranges, average person per dwelling unit and/or parkland acreage per dwelling unit shall be used to achieve a parkland dedication rate of three (3) acres of parkland per one thousand (1,000) persons unless alternate density ranges, average persons per dwelling unit and/or parkland acreage per dwelling unit are established in an adopted Specific Plan adopted in compliance with Government Code Section 65450 et seq., Disposition and Development Agreement in compliance with California Community Redevelopment Law, or other agreement. 3. Fees in lieu of dedication. When there is no public park or recreational facility required within the proposed subdivision, the subdivision is less than fifty(50) parcels, or the project is a conversion of an existing apartment complex to multiple-owner occupancy not exempted herein, the subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required for park purposes. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication. The fair market value shall be determined by a Master Appraisal Institute (MAI) appraiser acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 2/11 2/9/2016 Tustin,CA Code of Ordinances the land would be fully developed to the residential density shown on the tentative map for which the fees are required. If more than one (1)year elapses between the appraisal and recording of the final map, the City will require that a new appraisal be prepared at the expense of the subdivider. For purposes of this section, the determination of fair market value of a buildable acre shall consider, but not necessarily be limited to, the approval of and conditions of the tentative subdivision map, the General Plan, zoning, property location, off-street improvements facilitating use of the property, and site characteristics of the property. If a subdivider objects to the fair market value as determined by the MAI appraiser, an appeal may be made to the Planning Commission. The subdivider shall have the burden of proof in contesting the appraised value. Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty(50) parcels or less, where the subdivider proposes such dedication voluntarily and the dedication and land is acceptable to the responsible decision maker. For subdivisions in excess of fifty(50) parcels, the responsible decision maker may elect to receive a fee in lieu of land dedication. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication as determined above. Notwithstanding the foregoing, dedication of land may be required by the City for a condominium, stock cooperative, or community apartment project which exceeds fifty(50) dwelling units, regardless of the number of parcels. 4. Combination of dedication and fees. Whenever the requirements of this section are complied with by both the provision of parkland and the payment of a park fee, the amount of the park fee shall be computed by determining the required amount of parkland in accordance with the provision of subsection d.2, and subtracting the amount of parkland actually provided. The remainder shall be converted to "fee" on a per unit basis in accordance with the provisions of subsection d.3. 5. Credit for private open space. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be credited against the requirement for dedication of parkland, as provided for in subsection d.2, provided the responsible decision maker finds it is in the public interest to do so, and that all of the following standards are met: a) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; b) That the private ownership and maintenance of the open space is adequately provided for by written agreement; c) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 3/11 2/9/2016 Tustin,CA Code of Ordinances responsible decision maker; d) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, including provisions for bicyclists, and location of the private open space land; e) The facilities proposed for the open space are in substantial accordance with the provision of the Recreational Element of the General Plan, and are approved by the responsible decision maker; f) That the open space for which one hundred (100) percent credit is given is a minimum of one (1) acre and provides at least one (1) of the park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area: (1) "Recreational open spaces" which are generally defined as park areas for active recreation pursuits such as soccer, baseball, softball, and football, and have at least one (1) acre of maintained turf with less than five (5) percent slope. (2) "Court areas" which are generally defined as tennis courts, badminton courts, basketball courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games. (3) "Recreational swimming areas" which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three (3) percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool. (4) "Recreation buildings and facilities" which means facilities designed and primarily used for the recreational needs of residents of the development. Partial credit may be awarded for sites which do not incorporate the required basic elements or are less than one (1) acre when deemed beneficial to the community by the responsible decision maker. Because private common areas meet only a portion of resident needs, the computed credit value shall not exceed twenty-five (25) percent of the otherwise required public land dedication or in lieu fees. The determination of the Planning Commission as to whether credit shall be given and the amount of credit shall be final and conclusive, unless appealed to the City Council. The decision of the City Council is final. 6. Credit for public park and recreational facility improvements. a) A subdivider may elect to provide improvements to land dedicated for public park or recreational use when a combination of fees and dedications are required. The responsible decision maker may credit the value of the improvements together with any equipment located thereon against the payment of fees or dedication of land required herein. b) Credit shall not be allowed for single-purpose commercial recreation facilities whether dedicated to the public or in private ownership. https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 4/11 2/9/2016 Tustin,CA Code of Ordinances 7. Choice of land dedication, improvement, fees, or combination. a) Procedure. The procedure for determining whether the subdivider is to dedicate, improve, pay a fee, or combination of methods shall be as follows: (1) At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, improve the parkland, pay a fee in lieu thereof, or a combination of the foregoing. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof in the tentative map as submitted. (2) At the time of the tentative map approval, the responsible decision maker shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, accept improvement, or a combination of such methods. (3) Where dedication is required, it shall be accomplished in accordance with the provision of the Subdivision Map Act, Subdivision Code, and Subdivision Manual. Where fees are required, the same shall be deposited with the City prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map and shall be recorded contemporaneously with the final map. b) Determination. When land is proposed to be dedicated, the responsible decision maker shall determine the appropriateness of the land to be dedicated based upon the following: (1) The conservation/Open Space/Recreation Element of the City's General Plan; and (2) The topography, geology, access and location of land in the subdivision available for dedication; and (3) Size and shape of the subdivision and land available for dedication. The determination of the Planning Commission as to whether land shall be dedicated, fees charged, dedicated land improved, or any combination thereof, shall be final and conclusive, unless appealed to the City Council. In no event, may the dedications, amount of fees or value of improvements exceed the subdivider's dedication requirements as set forth in Section 9331.d.2 (Standards and Formula for Land Dedication) unless the subdivider voluntarily agrees. On subdivisions involving fifty(50) lots or less, only the payments of fees shall be required. The determination of the City Council is final. 8. Responsibilities and Enforcement. a) It is the responsibility of each property owner who proposes to create residential building sites to provide an equitable portion of parklands as required by this Code. Dedications for the provision of parklands and/or the payment of fees shall commence at the earliest possible instance of land development planning. Where parkland is to be provided, such provisions shall be included, where applicable, in zone changes, planned community texts and development plans, tentative and final maps, and conditional use permits. b) It is the duty of the Director of Parks and Recreation to verify that the requirements of this part are complied with, and to notify all interested parties and agencies of such compliance. c) It is the duty of the Director of Community Development to enforce the provisions of this part that are applicable to the issuance of a building permit. d) https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 5/11 2/9/2016 Tustin,CA Code of Ordinances The Director of Parks and Recreation shall prepare a schedule for approval by the City Council, specifying how and when it will use the land or fees, or both, to develop park and recreation facilities. Fees shall be committed within five (5)years of collection. e) Any required in-lieu fees for residential development shall be paid on the date of final inspection or certificate of occupancy, whichever occurs first. The City may require fees to be paid at the time of building permit issuance for non-residential development and on residential development(other than low income housing described in Government Code section 66007(b)(2)) if the fees will be used to construct a public improvement for which the City has established an account, the City Council has authorized expenditures from the account and the City has adopted a proposed construction schedule or to reimburse itself for funds already spent on the improvement. 9. Limitation of use of land and fees. The land and fees received under this section shall be used only for the purpose of providing park and recreational facilities to serve the area from which received, and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision, the community, and the general area from which it is received. e Reservations 1 . General. Based on the General Plan, or applicable specific plan, as a condition of approval of a tentative map, the subdivider may be required to reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section. 2. Standards for Reservation of Land. Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and parcels as to penmit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. 3. Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map, enter into a binding agreement to acquire such reserved area within two (2)years after the completion and acceptance of all improvements, unless the period of time is extended by the Director upon mutual agreement. 4. Payment to Subdivider. https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 6/11 2/9/2016 Tustin,CA Code of Ordinances The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area. 5. Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate. f Local Transit Facilities. As a condition of approval of a tentative map, the subdivider may be required to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities, and similar items which directly benefit the residents of the subdivision, if(a) the subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred (100) acres or more, and (b) if the City finds that transit services are or will, within a reasonable time period, be made available to the subdivision. The irrevocable offer may be terminated as provided in subdivisions (c) and (d) of Section 66477.2 of the Subdivision Map Act. Only the payment of fees in lieu of the dedication of land may be required in subdivisions that consist of the subdivision of airspace in existing buildings into condominium projects, stock cooperatives, or community apartment projects, as those terms are defined in Section 1351 of the Civil Code. g Bridges and Major Thoroughfares 1 . Purpose. The purpose of this section is to establish provisions for assessing and collecting fees as a condition of approval of a final map or prior to issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges or major thoroughfares pursuant to Section 66484 of the Subdivision Map Act, and in order to implement the Circulation Element of the General Plan and, in the case of bridges, the transportation provisions thereof. 2. Definitions. For the purpose of this section, the following words and phrases shall have the following meanings: a) "Construction" shall mean design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections. b) "Major thoroughfare" shall mean a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system. 3. Payment of Fees Generally. a) Prior to filing a final map which includes land within an area of benefit established pursuant to this division, the subdivider shall pay or cause to be paid any fees established and apportioned to such property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares. b) At the time a building permit is issued for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 7/11 2/9/2016 Tustin,CA Code of Ordinances defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection c)(1) of this section. c) Notwithstanding the provisions of subsections 3.a) and 3.b) of this section: (1) Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit. (2) Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit. 4. Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the City Council first finds, upon recommendation of the City Engineer, that the substitute consideration has a value equal to or greater than the fee; and provided further that the substitute consideration is in a form acceptable to the City Council. 5. Public Hearing. Prior to establishing an area of benefit, a public hearing shall be held by the City Council at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. Notice of the public hearing shall be given consistent with the provisions of Government Code Section 65091 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. 6. Amount. The amount of fees and the areas of benefit established pursuant to this section may be established by resolution of the City Council. 7. Exemptions. Notwithstanding the provisions of subsection 6, payment of such fees shall not be required for: a) The use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided that the total value, as determined by the Building Official, of all such alteration, enlargement or construction completed within any one (1)year period does not exceed one-half('/2) of the current market value, as determined by the Building Official, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by applicable sections of the California Building Code. b) The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings. 8. Protest. a) At any time not later than the hour set for hearing objections to the proposed bridge facility or major improvement, any person may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, and, if the signers are not shown on the last equalized assessment roll as the owners of such https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 8/11 2/9/2016 Tustin,CA Code of Ordinances property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk and no other such protests shall be considered. Any protest may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing. b) If there is a written protest filed with the City Clerk by the owners of more than one-half('/2) of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half('/2) of that to be benefitted, then the proposed proceedings shall be abandoned, unless by a four-fifths vote of all the members of the City Council the protest shall be overruled; and the City Council shall not, for one (1)year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of this section. h Supplemental Improvement Capacity 1 . As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. 2. The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following: a) The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, of a reasonable charge for such use. b) The contribution to the subdivider of that part of that cost of the improvement(s) that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefitted to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider. c) The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefitted. 3. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council in accordance with the provisions of Government Code Section 65091 and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. 4. In addition to the notice required by Government Code Section 65091, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. i Drainage Fees [Reserved] j Solar Access Easements [Reserved] https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 9/11 2/9/2016 Tustin,CA Code of Ordinances k Interim School Facilities 1 . Authority, Purpose and Intent. a) This section is enacted pursuant to the authority of Section 65970 et seq. of the Government Code for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development. 2. [Reserved] 3. Action by School Districts. The governing body of an affected School District(s) may, from time to time, adopt a notice of findings and file the same with the City Clerk for consideration by the City Council that makes both of the following findings supported by clear and convincing evidence: a) That conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for the existence of those conditions. b) That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing those conditions exists. The notice of findings shall specify the mitigation measures considered by the school district, including a completed application to the Office of Public School Construction for preliminary determination of eligibility under the Leroy F. Greene State School Building Lease-Purchase Law of 1976, and include a schedule for land use of fees required by Section 65976 of the Government Code. 4. Action by City Council. The notice of findings and schedule for land use of fees shall be made available to the public for 60 calendar days after the date of receipt by the City. Following the completion of the public review period but not later than 150 calendar days of the receipt of the notice of findings and schedule for land use of fees, the City Council shall either concur or not concur, or may extend the period to concur or not to concur for one 30-day period. Failure to act within the prescribed time period shall not be deemed as an act of City Council concurrence in the notice of findings. If it concurs in the notice of findings, the City Council shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, unless the City Council makes one of the following findings: a) That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the City Council would benefit the City, thereby justifying the approval of a residential development; or, b) That the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools are being required as a condition to the approval of a residential development, in accordance with the provisions of Section 65974 of the Government Code. The decision concerning whether to require the dedication of land, payment of fees of an appropriate combination shall be determined after consultation with the affected school district(s) concerning the needs of the school district(s) as they relate to the impacted school or schools. The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section 65995) of the Government Code, and shall be prescribed by resolution of the City Council, and shall be collected at the time of issuance of a building permit. https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 10/11 2/9/2016 Tustin,CA Code of Ordinances 5. Use of Fees and Land-Accounting. a) The school districts shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area. The school districts shall annually provide to the City Council the report required by Section 65978 of the Government Code. If the report has not been filed as required, there shall be a waiver of any performance of the payment of fees or the dedication of land. If it is determined that overcrowding conditions no longer exist, or the period of time for the dedication of land or the payment of fees has been completed, the City of Tustin shall cease levying any fee or requiring the dedication of any land pursuant to the Subdivision Map Act, Subdivision Code, and Subdivision Manual. 6. City's Right to Disapprove Development or Require Other Fees. Nothing in this section shall be construed to limit the right of the City to disapprove new residential development for any lawful reason, including, but not limited to, the impact that such development may have on a school or schools within the school districts which cannot be alleviated by the provisions of this section. I Permanent Classroom Facilities The City may not require, as a condition of approval of a tentative map for a residential subdivision, dedication of land or payment of in-lieu fees or a combination of both in order to provide permanent facilities for school purposes. Nothing in this chapter is intended as a limitation on the school districts' authority to directly levy a fee, charge, dedication or other form of requirement against any development project, pursuant to Section 53080 of the Government Code, in order to provide temporary and permanent facilities for school purposes. m Reimbursement to a Telephone Corporation or Cable Television System for Undergrounding or Relocation Whenever the City imposes as a condition to its approval of a tentative map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding, or relocation. All of these costs shall be billed to the subdivider directly by the telephone corporation or cable television system after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities. In no event shall the City be obligated to pay such reimbursement. (Ord. No. 1430, Sec. 2, 9-17-13) https://www.municode.com/library/ca/tustin/codes/code_of ordinances?nodeld=ART9LAUS_CH3SU_PT3DEIMEN_9331DEREDEFE 11/11 �g Ln LL Q W o V Z v � w to V N d W V I t � n h t l r LU t LOT �40 ! u� s �O H u Z It z , po w 0 ATTACHMENT F Fiscal Impact Analysis ACOA ALFRED GOBAR ASSOCIATES —J:-J—J I_J,/ August 30, 2016 Ms. Konstanza Dobreva — EPD Solutions C/O INTRA-CORP SOCAL-1 LLC 4041 MacArthur Blvd., Suite 250 Newport Beach, CA 92660 Subject: Fiscal Analysis of Vintage Residential Project Dear Ms.: Enclosed please find one copy of the report titled, "Fiscal Analysis of Vintage Residential Project." We appreciate the opportunity to serve Intra-Corp SoCal-1 LLC and EPD Solutions in the preparation of this report. Please feel free to contact us with regard to questions you may have about the report. We look forward to the opportunity of working with you and your firm on future projects. Very truly yours, ALFRED GOBAR ASSOCIATES Alonzo Pedrin Principal alonzo@gobar.com (714) 772-8900 x310 F:\VINTAGE-FIA AUG-16\A000ST 30,2016\B 17461 Irvine Blvd., Suite P, Tustin, CA 92780 (714)772-8900 www.gobar.com FISCAL ANALYSIS OF VINTAGE RESIDENTIAL PROJECT Prepared for: INTRA-CORP SOCAL-1 LLC August 2016 ALFRED GOBAR ASSOCIATES 17461 Irvine Blvd., Suite P, Tustin, CA 92780 (714)772-8900 www.gobar.com ALFRED GOBAR ASSOCIATES Table of Contents CHAPTER I EXECUTIVE SUMMARY...................................................................... 1-1 11 VINTAGE PROJECT FISCAL ANALYSIS............................................ Fiscal Analysis Overview............................................................ 11-1 Vintage Project Description ........................................................ 11-1 Fiscal Revenue Assessment ...................................................... 11-3 Fiscal Cost Assessment ............................................................. 11-7 Net Fiscal Effect of the Vintage Project ...................................... 11-14 III EXISTING INDUSTRIAL FISCAL ANALYSIS....................................... Existing Land Use Description.................................................... 111-1 Fiscal Revenue Summary .......................................................... 111-2 Fiscal Cost Summary ................................................................. 111-3 Net Fiscal Effect of Existing Industrial......................................... 111-3 EXHIBIT 11-1 Development Assumptions —Vintage Residential 11-2 Property Tax Revenue —Vintage Residential 11-3 Transfer Tax Revenue—Vintage Residential 11-4 Sales Tax Revenue—Vintage Residential 11-5 Business License Revenue—Vintage Residential 11-6 Franchise Fee Revenue—Vintage Residential 11-7 Population Driven Sources of General Fund Revenue 11-8 Per Capita Based Revenue—Vintage Residential 11-9 Summary of Fiscal Revenue —Vintage Residential 11-10 City of Tustin Police Department FY2016-17 Adopted Budget 11-11 Incident Rate Comparison of Police Response Call Activity 11-12 Direct Cost of Police Protection —Vintage Residential 11-13 Incident Rate Comparison of Fire Response Call Activity 11-14 Direct Cost of Fire Protection —Vintage Residential 11-15 City of Tustin Public Works Department 11-16 City of Tustin Parks & Recreation Department 11-17 Cost of Per Capita Based Services 11-18 Operating Administration & Fixed-Cost Overhead Burden 11-19 Summary of Fiscal Cost—Vintage Residential 11-20 Summary of Net Fiscal Effect—Vintage Residential 111-1 Existing Land Use Assumptions 111-2 Summary of Fiscal Revenue — Multi-Tenant Industrial 111-3 Summary of Fiscal Cost— Multi-Tenant Industrial 111-4 Summary of Net Fiscal Effect — Multi-Tenant Industrial Fiscal Analysis of Vintage Residential Project i ALFRED GOBAR ASSOCIATES Chapter Executive Summary The purpose of this fiscal impact analysis is to determine the extent a proposed land use development will generate sufficient revenue to cover the cost of providing the probable range of services that on-site residential and open space activities can be expected to demand. This report addresses the fiscal effect associated with development and occupancy of a 6.8-acre proposed residential project (Vintage) located on the southwest corner of 61h Street and B Street within the old town area of Tustin. The proposed Vintage project will replace an older multi-tenant industrial development, and as such,this report also compares the anticipated fiscal performance of the proposed project and the estimated fiscal performance of the existing land use. The Vintage project will consist of 140 residential townhomes ranging in value from the low $600,000's and a pocket park facing 6th Street. The project will provide convenient pedestrian access to the roughly 300 residents expected to reside in the development. Once developed and occupied the Vintage is anticipated to represent a positive fiscal benefit. Fiscal revenue generated by project land use is expected to exceed the cost of providing public services site occupants are likely to demand from the City of Tustin as summarized below. Summary Of Net Fiscal Effect On General Fund Vintage Residential At 426 W. 6Th St Project Overall Fiscal Effect Of Land Use Effective Net Fiscal Development Project Annual Annual Net Annual Rev:Cost Effect Activity Acreage Revenue Cost Benefit/(Cost) Ratio Per Acre Residential Melrose Place 4.4 $ 105,442 $ 43,443 $ 61,999 2.42: 1.00 $ 14,033 Veranda Court 2.3 49,702 23,009 26,693 2.16: 1.00 11,580 Project Residential 6.7 $ 155,144 $ 66,452 $ 88,692 2.33: 1.00 $ 13,192 Parks&Open Space Park Space 0.1 $ 13 $ 1,319 $ (1,306) 0.00: 1.00 $ (15,025) Subtotal 0.1 $ 13 $ 1,319 $ (1,306) 0.00: 1.00 $ (15,025) Street Circulation Msc ROw's/Off-Site - 4,013 (4,013) Circulation Subtotal - $ $ 4,013 $ (4,013) $ - Project Overall: 6.8 $ 155,156 $ 71,783 $ 83,373 2.16:1.00 $ 12,243 Source: Alfred Gobar Associates. Fiscal Analysis of Vintage Residential Project I-1 ALFRED GOBAR ASSOCIATES The Vintage project will generate about $155,000 per year in fiscal revenue from property tax, sales tax on resident purchases at City-based establishments, and other revenue sources. By contrast, the Vintage project is anticipated increase the cost of providing police protection, fire protection, and per capita recreation and maintenance services by about $72,000 per year. In effect, the Vintage project is expected to generate about$2.16 in added revenue for every$1.00 of added service cost it creates resulting in a net fiscal revenue stream of roughly $83,000 per year (2016 dollars). The site is currently improved industrial building representing 183,000 square feet of gross building area. The existing tenant profile has changed over the years but presently includes about 15 businesses involved with cabinet-making, business-to- business distribution, business services, and religious-based community service. The estimated fiscal performance of on-site activities is summarized below. Summary Of Net Fiscal Effect On General Fund Multi-Tenant Industrial At 426 W. 6Th St Project Overall Fiscal Effect Of Land Use Effective Net Fiscal Development Project Annual Annual Net Annual Rev:Cost Effect Activity Acreage Revenue Cost Benefit/(Cost) Ratio Per Acre Industrial Wholesale/Distrib 2.2 $ 15,197 $ 8,241 $ 6,955 1.84: 1.00 $ 3,119 Manufacturing 2.6 7,808 9,718 (1,911) 0.8: 1.00 (732) Business Services 0.4 1,262 2,167 (904) 0.58: 1.00 (2,206) Non-Indust Svcs 1.6 4,532 6,235 (1,704) 0.72: 1.00 (1,092) Subtotal 6.8 $ 28,798 $ 26,361 $ 2,437 1.09: 1.00 $ 358 Street Circulation Misc ROW's/Off-Site 4,013 (4,013) Circulation Subtotal - $ $ 4,013 $ (4,013) $ - Project Overall: 6.8 $ 28,798 $ 30,374 $ (1,576) 0.94:1.00 $ (231) Source: Alfred Gobar Associates. Current improvements and business activities represent a small but negative fiscal burden (about $1,600 per year) for the City, in terms of revenue generated to cover cost of public services demanded (primarily Police and Fire protection). A factor contributing to weak fiscal performance is low taxable property value per acre that describes existing industrial improvements. From a fiscal standpoint the proposed Vintage project represents a significant improvement in fiscal performance because it will generate a revenue stream that exceeds the cost of public services likely to be demanded. A more detailed discussion of this fiscal analysis is provided in the main report. Fiscal Analysis of Vintage Residential Project I-2 ALFRED GOBAR ASSOCIATES Chapter II Vintage Project Fiscal Analysis Fiscal Analysis Overview The purpose of this analysis is to determine whether or not the proposed development program will enable the City of Tustin to provide ongoing public services that project land use activities are likely to demand. A related study objective is to evaluate the project's effect on recurring fiscal revenue and expense that describes the City General Fund, the primary budget mechanism used fund the delivery of community-based public services. The net effect of the project on budget revenue and expense determines whether the proposed development represents a net fiscal benefit or fiscal burden to the City. The project represents a fiscal benefit if recurring revenue generated from project development and occupancy is sufficient to cover the corresponding cost of services that will be demanded. Conversely, the project represents a net fiscal burden if recurring revenue is not sufficient to cover the anticipated increase in project-driven public service expense. The principal sources of fiscal revenue and cost likely to be affected by the proposed Vintage project are identified below and discussed further in later sections of this chapter. Sources of Revenue Sources of Cost Property Tax Police Protection Property Transfer Tax Fire Protection Retail Sales Tax Public Works Functions Business License Fees Roadway Maintenance Franchise Fees Park Facility Maintenance Per Capita Revenue Rec-Community Services Fines &Penalties Government Overhead Motor Vehicle Fees General Administration Charges For Services Fixed-Cost Services Vintage Project Description The Vintage is an infill development that will consist of 140 townhome style housing units ranging size from 1,430 to 2,250 square feet with private garages, on-site circulation and guest parking, open space paseos, and a pool & clubhouse amenity. The Vintage will replace an older 183,000 square foot multi-tenant industrial complex occupying 6.8 acres at the southwest corner of 6t" Street and B Street in the old town Fiscal Analysis of Vintage Residential Project II-1 ALFRED GOBAR ASSOCIATES area Tustin. The Vintage project is located within walking distance (1/8 to 1/4 mile) of historic homes and shops located in the historic downtown area of Tustin, which should contribute to a pedestrian-oriented leisure lifestyle for the approximately 300 project residents. Precise marketing plans do not currently exist for the Vintage project, but it is expect unit pricing will generally reflect current competitive pricing of other similarly designed for-sale housing in the surrounding area, as illustrated below. Vintage Unit Value vs Area Small Lot/Attached Home Pricing -2016 $900,000 - $850,000 -��•- $800,000 ------------------------------------------'-----------------JIL....••r------- • ■ M -------- $ --•------------•-�-----;y�----------------------------- 750,000 $700,000 • • a • i $650,000 ------------------s-i------t-•+i---- A-------------------------------------------- ° $600,000 + �,.. ;" r' --------- ----------s Q' $550,000 ---,:-- "- • ' $450,000 F------------------------------------------------------ $400,000 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 Unit Size(Sq Ft) O City of Irvine El City of Tustin o Vintage Project Source:Real Estate Economics,New Homes.com,Alfred Gobar Associates The estimated home value used to characterize the Vintage project is important because unit value greatly influences the amount of property tax revenue that is generated and property tax accounts for nearly 20% of General Fund revenue support. In addition, home value offers a reasonably good indication of household income, corresponding retail spending, and related sales tax revenue received by the City. Sales and Use Tax accounts for more than 43% of General Fund revenue support. Unit pricing used to estimate the 2016 property tax value of the Vintage project is summarized below. Estimated 2016 Housing Unit Values -Vintage Housing Product Plan I Bdr I SF/Unit Units I EffValue IValue/SF Melrose Place 1 3 1,723 29 $658,000 $382 2 4 1,829 33 717,000 392 3 3 1,948 15 705,000 362 4 4 2,249 8 768,000 341 4A 4 2,258 7 772,000 342 Sub-Total: 1,884 92 $705,000 $374 Veranda Court 1 3 1,434 24 $596,000 $416 2 3 1,588 12 646,000 407 3 3 1,720 12 658,000 383 Sub-Total: 1,544 48 $624,000 $404 Project Overall: 1,768 140 $677,000 $383 Source:Alfred Gobar Associates Fiscal Analysis of Vintage Residential Project II-2 ALFRED GOBAR ASSOCIATES A more detailed summary of the Vintage project is identified in Exhibit II-1, including as description of the number of units, average home values, expected occupancy, project population, etc. As shown, it estimated about 95% of project units will be occupied at any time, suggesting an overall project population of about 300 residents. The Vintage project is planned to include a pocket park fronting along 6t" Street and accessible to the general public. Overall, the completed project is estimated to have a taxable property value of about $95M, described in current 2016 dollars. Fiscal Revenue Assessment Property Tax The City of Tustin receives a portion of the 1% basic property tax levy, as determined by the Tax Rate Area (TRA) underlying the property. The TRA dictates how each $1.00 in property tax is appropriated among multiple taxing agencies. The project is located in TRA 13-000 and $0.1066 of each property tax dollar is appropriated to the City for unrestricted budget support, while another $0.0205 is appropriated to support a City- wide landscape and lighting district (LLD). A summary of annual property tax revenue generated by the Vintage project is detailed in Exhibit II-2. The Vintage project is an infill development that will replace an existing industrial land use that already generates property tax revenue for the City of Tustin. In this regard, the property tax benefit that describes the Vintage is limited to the net increase in property tax revenue over what is already generated by the existing land use. After accounting for the current assessed value of existing site improvements, the Vintage project is expected to generate a net increase in property tax revenue for the General Fund of approximately $84,000 per year. The $19,500 per year in funding support for LLD operations is not included since this source of property tax revenue is restricted to the LLD operations, which are not part of the General Fund budget scope. Property Transfer Tax All cities within the State of California receive $0.55 in property transfer tax revenue for every thousand dollars of property tax value involved in a taxable transfer (usually via resale). The adopted General Fund budget anticipates $350,000 will be generated during the FY2016-17 fiscal period from sale or transfer of property improvements within the City. During the FY2015-16 fiscal period, $453,900 in transfer tax revenue Fiscal Analysis of Vintage Residential Project II-3 ALFRED GOBAR ASSOCIATES was generated from a citywide base of property value equal to roughly ($7.5B), suggesting 11% of total property value was sold during that period. Residential properties account for the majority share of transfer tax revenue because they turnover more quickly than most types of income properties, which often serve as long-term company assets. Within any given year, about 8% to 12% of total residential value in a community is typically sold and subject to property transfer tax. Exhibit II-3 identifies estimated transfer tax revenue that will be generated once the Vintage project is developed and occupied. For purpose of this fiscal analysis, a conservative assignment equal to 8% of the project taxable value is used to describe the annual average share of units sold. The 8% sales rate suggests a given living unit is sold once every 12.5 years. As shown, the Vintage project is expected to generate approximately $4,100 per year in transfer tax revenue. Retail Sales Tax Retail is a population-serving form of land use, which means retail exists to meet the purchase needs and desires of trade area consumers. Household purchase habits are greatly influenced by available income to support consumption demand as household expenditure survey data from the Bureau of Labor Statistics suggests below. Household Expenditures on Retail Products &Services - 7o°r° - I ; i E60% F-- - ----------------------------------------- 50% ---L-+--L-- '___L - -- -- - -- -- - - -- - - - - - - - - - - - - -- -- -- -- --- ---------- - o D 40% 4-------------- o - , w o ; T r; r T T r T T r 1- - ° - - - - - 10% .................. . $0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 Household Income Before Taxes o BLS 1994 Survey o BLS 2011 Survey --o—BLS 2013 Survey Source:BLS Consumer Expenditure Sur\,ey,Alfred Gobar Associates As shown, household retail spending has risen as a share of total income over the years but remains strongly influenced by the overall level of income. Housing value Fiscal Analysis of Vintage Residential Project II-4 ALFRED GOBAR ASSOCIATES offers a good barometer of household income because of consumer purchase preferences and loan underwriting practices. Estimated housing values within the project suggest resident occupants can be characterized by annual incomes ranging from $100,000 to $125,000 per household. Households in this income range can be generally expected to spend 23% to 25% of total income on retail goods and services. The City of Tustin benefits from a strong base of commercial-retail establishments able to attract sales support from residents in adjoining communities. In 2014, City-based retail establishments captured the equivalent of nearly $21,300 per capita in taxable sales while the corresponding level of performance for all retail establishments throughout the State of California was about$10,500. Despite a strong retail base that includes the Tustin Market Place, The District, two Costco's, and Tustin Auto Center, not all retail spending by project households will flow to City-based establishments. For purpose of this analysis, a 75% assignment is used to describe the share of project household retail spending likely to be transacted within City-based establishments. The corresponding sales tax revenue benefit is summarized in Exhibit II-4. As shown, project households can be expected to generate an additional $28,000 per year in sales tax revenue through support of City-based retailers. Business License Fees The City of Tustin charges an annual business license fee for all business establishments according to a Council-adopted license fee schedule. In general, the business license fee is based on a tiered schedule tied to the prior year business receipts. Within the Vintage project, business license fee revenue will be limited to home-based businesses. The US Department of Labor conducts periodic studies of home-based enterprises. Prior to the Great Recession, survey data indicated that roughly 1 out of 50 households engage in a home-based business, although more recent information suggest it is closer to 1 out of every 40 households. In addition, fictitious business filings with the County Recorder often trigger business license enforcement by local municipalities. For purpose of this fiscal analysis it is assumed 1 in every 40 housing units within the Vintage project will engage in home-based business activity prompting the need to file for a business license. Exhibit II-5 identifies the estimated amount of business license fee revenue that will be generated upon Fiscal Analysis of Vintage Residential Project II-5 ALFRED GOBAR ASSOCIATES development and occupancy of the Vintage project. As shown, only about $120 per year can be anticipated from home-based business within the project. Franchise Fees The City collects franchise fees from utility and service providers for the right to use City streets and property to conduct business operations. Franchise fees are imposed on utility-based service providers according to alternative payment schemes established by the Public Utilities Commission (PUC), including payment based on a percentage of gross consumption receipts paid by households and business located within the City. The City of Tustin collects a franchise fee equal to 1% of customer electricity charges, 1% of customer natural gas charges, and 5% of customer cable television charges. Exhibit II-6 identifies the estimated average monthly charges incurred for each affected utility services and the corresponding amount of franchise fee that will be generated. The estimate of revenue is based on allowances for units of service consumption (i.e. KWH, BTU, subscriptions, etc.) identified in a study of 2020 energy demand sponsored by the California Energy Commission and precedent consumption charges for various forms of utility service provided throughout Southern California. A 60% subscription rate allowance is used to characterize cable service participation among project households. As shown, the Vintage project is expected to generate about $7,200 per year in franchise-fee revenue. Per Capita-Based Revenue Many fiscal funding sources can be treated as per capita based revenue because they are significantly influenced by the size of the population being served. Common population based sources of fiscal revenue include: licenses and permits (service fees, special permits, etc.); fines and penalties (traffic citations, parking tickets, etc.); charges for services (recreation program fees, program reimbursements, etc.); and some government subventions (motor vehicle in-lieu, public safety sales tax, etc.) that tend to increase in connection with population increases. Exhibit II-7 identifies all budgeted sources of revenue support for the FY2016-17 General Fund and further describes each in terms of a general revenue classification, amount budgeted, and fiscal method used to evaluate the revenue source. As discussed above, property tax, sales tax, Fiscal Analysis of Vintage Residential Project II-6 ALFRED GOBAR ASSOCIATES business license fees, and other revenue sources are affected by specific project conditions that require a case method approach to evaluate. Revenue sources that tend to be affected by incremental increases in resident population are identified as "qualified per capita revenue". Per capita based sources of revenue account for about 16% of overall General Fund support or the equivalent of $105 per capita of resident population. Once developed and occupied, the Vintage project is expected to host approximately 300 residents, as shown in Exhibit II-8 and generate about $31,000 per year in added revenue support for the General Fund budget. Fiscal Revenue Summary Exhibit II-9 summarizes the principal sources of fiscal revenue likely to be affected by project development and occupancy. For all principal sources of fiscal revenue, the Vintage project is expected to generate about $155,000 per year (2016 dollars) in funding support for the General Fund. Among the principal sources of fiscal revenue generated by the Vintage project, property tax revenue accounts of the lion's share of support (54% or $84,000 per year), followed by per capita based revenue (20% or $31,300 per year), then retail sales tax revenue (18% or $28,000 per year). All combined, these three sources of revenue account for 92% of total General Fund budget support that can be expected once the Vintage project is developed and occupied. Fiscal Cost Assessment Police Protection Estimates of required police protection often rely on a personnel index (e.g.: sworn officers per 1,000 population) to calculate additional funding resources required to serve new development. Population-based estimates fail to consider service demands represented by nonresidential forms of land use such as retail complexes, offices, industrial parks, etc. The Consultant employs a methodology that assigns the cost of public safety services on the basis of demand per increment of land use served. This approach reflects the notion that different forms of land use demand different levels of protective service. For example, the amount of police protection demanded per acre of low-density residential housing is different than the level of demand corresponding to a higher-density apartment project or retail development. The actual incidence of Fiscal Analysis of Vintage Residential Project II-7 ALFRED GOBAR ASSOCIATES police service response to a given geographic location may at times be low or high relative to similar forms of land use activity within the community due to unique site circumstances or transient nature of criminal behavior. Police beat statistics often reveal a disproportionate share of available protection resources repeatedly directed in specific geographic locations of a community on a periodic basis. In large measure, however, public protection represents a readiness cost that must be allocated among all land uses that will eventually demand a service response. In this regard, the cost of providing police protection can be approximated on the basis of distinct forms of land use likely to demand alternate levels of response call activity and service. Police protection and other types of public safety service reflect a form of readiness capacity. For police protection, readiness capacity is tangibly evident by the presence of a police facility, command structure, patrol units, investigative units, and other components of public service. Maintaining readiness capacity involves both fixed and variable (direct) expenses that reflect the cost structure involved in delivering public protection service throughout the community. Exhibit II-10 describes the Consultant estimate of the cost structure that describes the Tustin Police Department. Overall, about 35% of the Police operating budget reflects relatively fixed cost required to maintain base elements of the command structure and facilities supporting service delivery. By comparison, about 65% of the operating budget reflects relatively variable costs that are likely to change as the community grows and service demands in the community evolve. A special tabulation of response call data (described below) was used to identify the incremental and direct expense per response call by the Tustin Police Department, equal to approximately $275 per response call. Each Police response call represents a monopoly of readiness capacity (a patrol unit cannot simultaneously respond to two calls in different locations). The inherent monopoly of readiness capacity is managed through the use of patrol districts, work schedules, community policing, data analysis, and other practices used to optimize resource delivery. The Police Communications Unit prepared a special tabulation of response call activity over a 30-month period in order to identify an overall average cost for response calls demanded by land use activity in the community. As shown below, Police resources are actively engaged for a wide variety of call activity. Over the past 30-months, the Tustin Police Department has actively responded to an average of about 59,900 calls per year in order to meet community demand for service. Fiscal Analysis of Vintage Residential Project II-8 ALFRED GOBAR ASSOCIATES City of Tustin Communication Center Incident Activity Incident Calls 2014 2015 12016(6-Mo)I12-Mo Avg 911 Calls By Landline 3,692 3,717 2,143 3,820 911 Calls By Cell Phone 6,165 6,840 4,176 : 6,870 Officer Initiated 15,604 13,888 7,496 14,800 Non-Emergency Calls 20,631 22,874 14,674 ': 23,270 Traffic Stop 9,801 9,778 5,152 9,890 Citizen Walk-In To Front CountE 1,172 1,286 776 : 1,290 Total Incident Calls 57,065 58,383 34,417 : 59,940 Source:City of Tustin Police-Communication Unit Distinct forms of land use demand unique levels of Police protection service. Exhibit II-11 compares the incidence rate of service demand describing alternate forms of land use within several California communities for which response call data has been compiled by the Consultant. Also included in the comparison, is a hypothetical simulation of response call demand describing the City of Tustin based on General Plan land use data. As shown, the incident rate of response that describes demand for protection service varies from community to community and primarily reflects individual agency operating procedures and community social dynamics driving alternate levels of response activity for similar forms of land use. As example, the incident rate of response for all residential land use in the City of Upland (15.24 response calls per acre per year) is nearly three times the corresponding level that describes the City of Redlands (5.45 response calls per acre per year). Practical realities that produce the variation in response activity for similar land use is one reason a sampling of multiple communities offers a useful reference to gauge about the level of protection service likely to be demanded by land use activities of the Vintage project. Exhibit II-12 identifies the estimated direct cost of providing Police protection service to the residential land uses of the Vintage project. The indicated incident rate of response call demand describing the Vintage project is equal to a 75th percentile level of service demand describing the many analogous communities evaluated above. Overall, the Vintage project is projected to demand protection service represented by 70 and 75 Police response calls per year at a cost of about $20,000 per year. Fire Protection The approach used to evaluate Fire protection cost is very similar to the method used to evaluate Police protection cost. The City does not maintain its own Fire Department Fiscal Analysis of Vintage Residential Project II-9 ALFRED GOBAR ASSOCIATES but instead contracts with the Orange County Fire Authority (OCFA) for protection service. The service contract for the FY2016-17 budget period amounts to$7.16 million in General Fund expense. Annual service reports by the OCFA indicate land uses in the City of Tustin have demanded an average of 4,936 incident responses per year during the 2013, 2014, and 2015 calendar periods. The contract service agreement with the OCFA eliminates the need to employ a command structure and maintain suppression equipment and facilities in order to provide protection service to the community. The service contract, however, is subject to periodic adjustment to reflect growing service demands throughout the community and, as such, can be interpreted to reflect fixed and variable components of the operating cost structure that describes OCFA readiness capacity. For purpose of this fiscal analysis, 35% of the service contract expense is assigned as a fixed component of cost while 65% of the service contract expense is treated as a variable (direct) component of cost. Exhibit II-13 provides a comparison of other California communities for which Fire response data has been tabulated. Also included in the comparison, is a hypothetical simulation of response call demand describing the City of Tustin based on General Plan land use data. Variation in Fire incident response distinguishing similar forms of land use within different communities exist but not to the same extent as evident for Police response activity. Exhibit II-14 identifies the estimated direct cost of providing Fire protection service to the residential land uses of the Vintage project. Overall, the Vintage project is expected to demand protection service represented by about 20 response calls per year at a cost of about $19,800 per year. Public Works Functions The Tustin Public Works Department is tasked with a variety of protective and maintenance functions that support community demand for a safe physical environment. Protective services primarily consist of engineering-based functions required in connection with public infrastructure improvements (facility engineering, traffic safety, etc.) and private property improvements (plan checks, site inspections, etc.). The Public Works Department is also responsible for the maintenance and upkeep of valuable equipment and facilities used by the City and the community. Exhibit II-15 summarizes the FY2016-17 Public Works operating budget in terms of three major service responsibilities. As shown, about 36% of the $12.8 Million Fiscal Analysis of Vintage Residential Project II-10 ALFRED GOBAR ASSOCIATES operating budget ($4.59M) reflects fixed-cost public service functions that will not be directly affected once the Vintage project is developed and occupied. These public service functions, however, add to the overhead burden of the project. Another 27% of the Public Works operating budget ($3.47M) reflects maintenance responsibility for park facilities that is provided in response to public demand for recreation and cultural engagement. Although, a significant component of park maintenance involves relatively fixed cost, increased levels of labor and supplies is required to maintain quality conditions as public demand and use of such facilities increases. For this reason, park and community facility maintenance functions of the Public Works Department reflect a per capita based service expense equal to $41 per capita, based on the City current population. Finally, about 37% of the Public Works operating budget ($4.79M) is directed to roadway, facility, and landscape maintenance within the public right-of-way. Public roads and right-of-way reflect an infrastructure and transport system that not only serves community residents and businesses but also facilitates circulation for residents and businesses from other parts of Orange County. According to the City 2015 CAFRS report, the City maintains roughly 129 centerline-miles of right-of-way, with an estimated 323 lane-miles of circulation improvements at an annual cost of more than $14,800 per lane-mile of roadway. For purpose of this analysis, right-of-way (roadway) maintenance is a cost responsibility assigned per lane-mile of circulation improvement directly serving the project site location. It is important to note, the identified maintenance cost per lane-mile of roadway is strictly limited to the General Fund budget operations and does not include substantial capital improvement activity funded with Gas Tax, Measure M, and other Non-General Fund revenue sources. Recreation Services The Tustin Recreation Department is responsible for offering recreation and cultural enrichment programs to City residents and other adults that work in City-based establishments. As shown in Exhibit II-16, the FY2016-17 operating budget of the Recreation Department is equal to $3.74 million. About 80% of the operating budget ($2.98M) reflects services offered in direct response to public demand for recreation and cultural programs. The remaining 20% of the operating budget($0.76M) describes Fiscal Analysis of Vintage Residential Project II-11 ALFRED GOBAR ASSOCIATES a fixed-cost services that add to the overhead burden on the spectrum of services likely to be demanded once the Vintage project is developed and occupied. Roadway Maintenance The Vintage project is an infill development intended to replace an existing industrial development. As such, project development will not add to the circulation system maintained by the Public Works Department, nor will the project increase the overall volume of site traffic activity. The existing industrial land use, however, has existed for some time and likely required roadway improvements to provide needed site access. The Vintage project is essentially a replacement land use, and for purpose of this analysis, is assigned roadway maintenance responsibility attributed to the preceding land use. The 6.8 acre site location has a total of roughly 1,200 lineal feet of frontage along 6t" Street and B Street. Both roadways are local streets designed for one lane of thru traffic in either direction. In effect, the site location is directly served by roughly 0.25 lane-miles of roadway, representing about $3,700 per year in roadway maintenance responsibility for the City Public Works Department. Per Capita Based Services Exhibit II-17 identifies two per capita based public services likely to be directly affected population growth associated with the Vintage project once developed and occupied. As shown, recreation services reflects a service function provided by Parks and Recreation in direct response to public interest and participation in programs offered. Additional recreation services likely to be affected by the project population represents about $10,500 per year in added service cost. Park and related facility maintenance is a service function performed by the Public Works Department but is closely linked to recreation program activity. Park and related facility maintenance cost can be expected to increase in response to City population growth, including added residents at the Vintage project. Increased park maintenance cost associated with population growth and the Vintage project amounts to roughly $12,200 per year. All combined, City population growth and the Vintage project represents an increase of about$22,700 per year in the cost of per capita services provided by the City. Fiscal Analysis of Vintage Residential Project II-12 ALFRED GOBAR ASSOCIATES Government Administration and Overhead Theoretically (by definition), overhead costs that are relatively unaffected by changes in the level of direct services being provided. It can be argued,therefore, that increases in the cost of direct services provided by the City would have no impact on general government and fixed-cost service functions such as City Council, City Manager, Human Resources, Finance, City Attorney, etc. In contrast to accounting theory, the cost of many general government administration and fixed-cost service functions does tend to increase as the cost and scope of public services increases. A summary of FY2016-17 budgeted expense for general administration and other fixed- cost service functions of the City is described in Exhibit II-18. As shown, the total operating expense related to overhead, administration, and fixed-cost service functions is estimated at approximately $22.7 million in effective cost. The effective overhead burden excludes the cost of capital outlays, debt service, and offsetting revenues from charges for administrative support services. For purpose of this analysis, offsetting revenue is strictly limited to charges for General Fund services (refer to Exhibit II-7) associated with Community Development Department, Police, and other department services. The City's administrative and overhead burden represents a cost that cannot be justifiably assigned to a specific land use activity, but instead must be shared by all operating functions within the direct program scope of the City's budget. The overall program scope of the City budget for FY2016-17 amounts to $220.0 million, while the direct budget scope amounts to $139.6 million (after deducting capital outlays, debt service, offsetting revenue, and general government administration and fixed-cost service functions). Based on a direct program budget scope of $139.6 million and effective cost of $22.7 million for general government administration, the effective current burden of the City is estimated at 16.3% of total operating cost. For purposes of this analysis, the effective overhead burden assigned to direct service cost generated by the Vintage project is equal to one-half the current overhead burden rate, or 8.14%. While overhead cost cannot reasonably be expected to remain unchanged when direct service cost increases, future increases in overhead cannot be realistically expected rise in direct proportion to increased service expense either. To assign overhead cost at a directly proportional rate of service cost increases suggests Fiscal Analysis of Vintage Residential Project II-13 ALFRED GOBAR ASSOCIATES the current administrative body has not achieved any operating efficiency with respect to public services being managed. Fiscal Cost Summary Exhibit II-19 summarizes the principal sources of fiscal expense likely to be affected by project development and occupancy. To provide community services in response to increased public service demand, the Vintage project represents about $72,000 per year(2016 dollars) in added operating cost for the General Fund. In terms of increased public service demand, Police protection represents the largest component of added cost (28% or $20,000 per year), followed closely by Fire protection (nearly 28% or $19,800 per year), then park and related facility maintenance (17% or $12,200 per year), and finally recreation program services (15% or$10,500 per year). All combined, these four public services account for 88% total annual cost added to the General Fund operating scope that can be expected once the Vintage project is developed and occupied. Net Fiscal Effect of the Vintage Project Fiscal revenue generated by the Vintage project is expected to exceed the cost of providing General Fund public services site occupants are likely to demand from the City of Tustin. As shown in Exhibit II-20, the Vintage project will generate about $155,000 per year in fiscal revenue from property tax, sales tax on resident purchases at City-based establishments, and other revenue sources. By contrast, the Vintage project is anticipated increase the cost of providing police protection, fire protection, and per capita recreation and maintenance services by about $72,000 per year. In effect, the Vintage project is expected to generate about $2.16 in added revenue for every $1.00 of added service cost it creates resulting in a net fiscal revenue stream of roughly $83,000 per year (2016 dollars). F:\VINTAGE-FIA AUG-16\AUGUST 30,2016\B Fiscal Analysis of Vintage Residential Project II-14 Exhibit II-1 Site Development Assumptions Vintage Residential At 426 W. 6Th St Project Description of Project Level of Taxable Property Value Population &Jobs Development Dev Intensity D.U.'s and Occup. Or Per Project Per Project Activity Acreage Of Dev. Bldg.Area Utilization Unit Overall Unit Overall Residential (DU's/AC) (Dwellings) ($000/Du) ($000) (Pop/Du) (Residents) Melrose Place 4.42 20.8 92 95% 705 64,860 2.24 196 Veranda Court 2.31 20.8 48 95% 624 29,950 2.24 102 Project Residential 6.72 20.8 140 95% $ 677 $ 94,810 2.24 298 Parks &Open Space (FAR) (000 Sq Ft) ($000/Ac) ($000) (Ac/Job) (Jobs) Park Space 0.09 - - 100% $ 2,500 $ 220 20 - Subtotal 0.09 - $ 220 - Project Overall: 6.81 $ 95,030 Residents: 298 Jobs: - Note: Taxable property value is for 2016 based on current tax rolls and new home sales comps for similar sized small lot/attached units within City of Tustin and City of Irvine and current assessed value of existing industrial improvements. 2 Estimate of resident population and on-site employment adjusted to account for estimated occupancy for each land use activity. Source: Intra-Corp SoCal-1 LLC; Urban Arena Site Plan-Sheet A-2;Alfred Gobar Associates Vintage-FIA—Tustin-Aug-1 6/Assumptions Exhibit II-2 Property Tax Revenue Vintage At 426 W. 6Th St Increment Property Tax Sources General Fund Project Land Use Summary Tax Value Of City of Tustin City Property Tax Revenue Development Developed Taxable Value Land Use Tustin LLD Project Per Activity Acreage Per Ac($000) 000)1 (Rate=0.1066) (Rate=0.0205) Overall Acre Residential Melrose Place 4.4 $ 14,681 $ 54,424 $ 58,035 $ 11,191 $ 58,035 $ 13,136 Veranda Court 2.3 12,994 24,507 26,133 5,039 26,133 11,337 Project Residential 6.7 $ 14,102 $ 78,931 $ 84,168 $ 16,230 $ 84,168 $ 12,519 Parks &Open Space Park Space 0.1 2,500 = $ 12 - $ 13 $ 2 $ 13 $ 147 Subtotal 0.1 $ 2,531 = $ 12 - $ 13 $ 2 $ 13 $ 147 Project Overall: 6.8 $ 13,954 - $ 78,943 = $ 84,181 $ 16,232 $ 84,181 $ 12,361 Note: 1 Increment value reflects the total taxable project value per acre of land and improvements less the current 2016 per acre property tax value of the project site location($15,939,425 divided by 6.75 acre describing APN 401-341-04). 2 Property tax rate describes the respective share of the basic 1.0%levy appropriated to the City of Tustin for taxable properties located within Tax Rate Area 13-000. LLD property tax is not a source of General Fund support. Source: Orange County Assessor; Orange County Auditor-Controller;Alfred Gobar Associates. Vintage-FIA_Tustin-Aug-16 PROP TAX 8/30/2016 3:06 PM Exhibit II-3 Transfer Tax Revenue Vintage At 426 W. 6Th St Taxable Annual Transfer Project Land Use Summary Value of Tax Revenue' Development Developed Value Per Land & Impvts Project Per Activity Acreage Acre $000 $000 Overall Acre Residential Melrose Place 4.4 $ 14,681 $ 64,860 $ 2,854 $ 646 Veranda Court 2.3 12,994 29,950 1,318 572 Project Residential 6.7 $ 14,102 $ 94,810 $ 4,172 $ 620 Parks &Open Space Park Space 0.1 2,500 $ 220 $ - $ - Subtotal 0.1 $ 2,531 $ 220 $ - $ - Project Overall: 6.8 $ 13,954 $ 95,030 $ 4,172 $ 613 Note: ' Estimated Transfer Tax revenue is based on a property transfer rate equal to 8%for residential property and 1%for non-residential property. Cities receive$0.55 in transfer tax revenue per$1,000 of assessed value involved in the taxable transfer or sale of property. For 2015,the total secured value for all property in Tustin exceeded$7.5 Billion. During the FY2015-16 budget period, $453,903 in transfer tax revenue is anticipated suggesting an overall effective property transfer rate equal to 11%of total secured value. The property transfer rate assigned to the project is relatively modest and suggests each residential property is only sold once every 12.5 years,on average. Source: Alfred Gobar Associates. Vintage-FIA Tustin-Aug-16 TRANSFER 8/30/2016 3:06 PM Exhibit II-4 Sales Tax Revenue Vintage At 426 W. 6Th St Project Taxable Sales Criteria Total Sales Tax Revenue Development Developed Intensity Occup Eff. Sales Taxable Project Per Activity Acreage of Dev. Rate Per Unit Sales Overall' Acre Residential (Total Dwellings) (Per Occup DU) ($000 Taxable) Melrose Place 4.4 92 95% $ 27,400 $ 2,521 $ 18,906 $ 4,279 Veranda Court 2.3 48 95% 25,600 1,229 9,216 3,998 Project Residential 6.7 140 $ 26,783 $ 3,750 $ 28,122 $ 4,183 Parks &Open Space Park Space 0.1 - 100% $ - $ - $ - $ - Subtotal 0.1 - $ - $ - $ - Project Overall: 6.8 n.a. n.a. $ 3,750 $ 28,122 $ 4,130 Note: 1 The City receives a 1%share of taxable sales transacted within City-based establishments. Residential unit values offer a reasonably good indication of household income. It is estimated project households will spend 23%to 25%of annual pre-tax income on taxable products&services(based on BLS household expenditure survey data). State Board of Equalization data indicates City-based retail establishments captured over$1.72 Billion in taxable sales during 2014,or the equivalent of nearly$21,300 per City resident(a level of performance over two times the Statewide average of nearly$10,500 per capita). The strong competitive attraction of City-based retailers can be expected to capture a large share of project household expenditures assigned at 75%for purpose of this analysis. Source: Bureau of Labor Statistic-Household Expenditure Survey; State Board of Equalization;Alfred Gobar Associates. Vintage-FIA Tustin-Aug-16 SALES TAX 8/30/2016 3:06 PM Exhibit II-5 Business License Revenue Vintage At 426 W. 6Th St Project Business Estimated Bus Lic Revenue Development Developed Licenses Per No. of Bus. Project Per Activity Acreage Dev Acre' Licenses Overall Acre Residential Melrose Place 4.4 0.5 /ac 2 $ 82 $ 19 Veranda Court 2.3 0.4 /ac 1 41 18 Project Residential 6.7 0.4 /ac 3 $ 123 $ 18 Parks &Open Space Park Space 0.1 Neg'I /ac Neg'I Neg'I Subtotal 0.1 $ - $ - Project Overall: 6.7 $ 123 $ 18 Note: ' Estimated business licenses reflect home occupation rate of roughly 1 license per 40 occupied residences and the average floor area per existing business establishment identified during site field visit in July 2016. 2 Based on City of Tustin business license fee schedule. Fee owned is tied to prior year business receipts. Fee schedule as follows: $41 Up to$100K; $51 Up to$200K; $61 Up to$300K; $81 up to$600K; $101 Over$600K in prior year receipts. Source: City of Tustin;Alfred Gobar Associates. Vintage-FIA_Tustin-Aug-16 BUS LIC 8/30/2016 3:08 PM Exhibit II-6 Franchise Fee Revenue Vintage At 426 W. 6Th St Project Land Use Summary Avg Monthly Consumption Franchise Revenue Development Developed D.U.'s and Occupancy Cost Per Described Unit Project Per Activity Acreage Bldg.Area Level Elect. Gas Cable Overall Acre Franchise Fee%: 1.00% 1.00% 5.00% Consumption Metric: KWH BTU Svc. Lines Residential (Per Occupied Dwelling) Melrose Place 4.4 92 95% $ 126 $ 26 $ 64 $ 4,950 $ 1,120 Veranda Court 2.3 48 95% 104 20 58 2,265 983 Project Residential 6.7 140 95% $ 7,216 $ 1,073 Parks &Open Space (Per Developed Acre) Park Space 0.1 - 100% - - - $ - $ - Subtotal 0.1 $ - $ - Project Overall: 6.8 I $ 7,216 $ 1,060 Source: California Energy Commission-Energy Demand 2010-2020,Adopted Forecast;Alfred Gobar Associates Vintage-FIA Tustin-Aug-16 FRANCHISE 8/30/2016 3:06 PM Exhibit II-7 Population Driven Sources Of General Fund Revenue - FY2016-17 FY 2016-17 General Classification Budgeted For FIA Qualified Per General Fund Revenue of Revenue Source FY2016-17 Method' Capita Revenue Property Tax in Lieu of VLF License, Permit, Fee 6,450,000 Capita 6,450,000 Property Taxes Property Tax 9,156,400 Case - Residual Property Taxes Property Tax 1,500,000 N/A - In Lieu-Prop Tax Property Tax 19,300 N/A - AB 1290 Pass Thru Property Tax 75,000 N/A - Special Tax B Property Tax 3,200,000 N/A - Franchise Fees Franchise Fee 1,854,000 Case - Sales Tax Backfill Sales &Use Tax - Case - Sales and Use Tax Sales &Use Tax 23,844,400 Case - Sales Tax-Public Safety-Prop 172 Sales &Use Tax 284,200 Capita 284,200 Transient Occupancy Tax Sales &Use Tax 1,250,000 N/A - Business License Fees License, Permit, Fee 400,000 Case - Real Property Transfer Tax License, Permit, Fee 350,000 Case - New Construction Tax License, Permit, Fee 150,000 G&A Offset - Planning Plan Check Fees License, Permit, Fee 171,300 G&A Offset - Building Permits& Plan Checks License, Permit, Fee 856,400 G&A Offset - Fees and Other Permits License, Permit, Fee 290,700 Capita 290,700 Fines and Forfeitures Fines and Penalties 776,000 Capita 776,000 Interest Income Use of Money&Property 175,000 N/A - Use of property Use of Money&Property 1,003,400 N/A - POST Reimbursement Intergovernmental 35,000 G&A Offset - Revenue from Other Agencies Intergovernmental 20,000 G&A Offset - State Grants Intergovernmental 3,000 G&A Offset - Federal Grants Intergovernmental 90,000 G&A Offset - Sports Fees User Charge 299,500 Capita 299,500 Class Fees User Charge 300,000 Capita 300,000 Other Recreation Fees User Charge 199,500 Capita 199,500 Transfer In Other Revenue 1,188,500 Capita 118,900 Reimbursement from Other Funds Other Revenue 1,200,000 Capita 120,000 All Other Sources Other Revenue 488,300 Capita 48,800 $ 55,629,900 $ 8,887,600 Estimated City Population on Jan 1, 2017: 84,500 General Fund Revenue Per Capita $ 105.18 Note:' FIA Method refers to approach used to estimate sources of revenue or expense affected by project development. The capita method reflects sources influenced by incremental changes in population served. Case method reflects sources that require analysis of project-specific criteria(e.g.:site location, project valuation, household income,and other unique project factors)to determine affect on sources. G&A Offset method reflects charges used to offset operating expense of department administrative and fixed-cost public service functions. N/A reflects budget sources largely unaffected by the proposed development. Source: City of Tustin FY2016-17 Adopted Budget; California Department of Finance-Populaiton Research;Alfred Gobar Associates Vintage-FIA—Tustin-Aug-16/CAP REV-1 Exhibit II-8 Per Capita Based Revenue Vintage Residential At 426 W. 6Th St Project Project Description/Characteristics Per Capita Revenue Development Project D.U.'s and Occupancy On-Site Project Per Activity Acreage Bldg.Area &Utility Population Overall Acre Residential (Dwellings) (Residents) Melrose Place 4.4 92 95% 196 $ 20,615 $ 4,666 Veranda Court 2.3 48 95% 102 10,728 4,654 Project Residential 6.7 140 298 $ 31,343 $ 4,662 Parks &Open Space (Jobs) Park Space 0.1 - 100% - - - Subtotal 0.1 - $ - $ - Project Overall: 6.8 n.a. $ 31,343 n.a. (On-Site Pop) (Per Resident) Resident-Based Revenue: 298 $ 31,343 $ 105.18 (On-Site Jobs) (Per Job) Job-Based Revenue: - $ - n.a. Note 1 Identified per capita revenue describes qualified sources of support for the General Fund and does not include other population driven sources of restricted funding such as Gas Tax($19.36/Capita). Source: City of Tustin FY2016-17 Adopted Budget;Alfred Gobar Associates Vintage-FIA_Tustin-Aug-16 CAP REV-2 8/30/2016 3:09 PM Exhibit II-9 Summary Of Fiscal Revenue Vintage Residential At 426 W. 6Th St Project Fiscal Revenue By Source Annual Project Property Project Land Use Revenue Per Capita Fiscal Revenue Development Project Tax Transfer Retail Business Franchise Driven Project Per Activity Acreage Revenue Tax Sales Tax License Fees Revenue Overall Acre Residential Melrose Place 4.4 € $ 58,035 € $ 2,854 $ 18,906 $ 82 $ 4,950 € $ 20,615 € $105,442 $ 23,866 € Veranda Court 2.3 26,133 1,318 9,216 41 2,265 10,728 49,702 21,562 Project Residential: 6.7 $ 84,168 : $ 4,172 $ 28,122 $ 123 $ 7,216 : $ 31,343 : $155,144 $ 23,076 Parks &Open Space Park Space 0.1 : $ 13 $ - Neg'I $ - : $ - : $ 13 $ 147 Subtotal: 0.1 € $ 13 € $ - $ - $ - $ - € $ - € $ 13 $ 147 € Street Circulation Misc ROW's/Off-Site - Circulation Subtotal: $ Project Overall:: 6.8 : $ 84,181 : $ 4,172 $ 28,122 $ 123 $ 7,216 : $ 31,343 : $155,156 $ 22,784 Revenue Distribution: 54.3% 2.7% 18.1% 0.1% 4.7% 20.2% 100.0% Source: Alfred Gobar Associates. Vintage-FIA Tustin-Aug-16 REV SUM 8/30/2016 3:09 PM Exhibit II-10 City of Tustin Police Department FY2016-17 Adopted Budget 2016-17 Overhead& Variable& Police Department Adopted Budget Fixed-Cost Service Direct Cost Budget Division Expense Functions Functions' Administration Salaries&Benefits 1,209,400E 75% 907,050E 25% 302,350 E Services/Supplies/Operations 1,281,700E 75% 961,275E 25% 320,425 E Fixed/Capital Assets(Equip/etc) O E 100% O E 0% O E 100% 2,491,100E 75% 1,868,325E 25% 622,775 E Professional Standards Salaries&Benefits 1,183,100E 75% 887,325E 25% 295,775 E Services/Supplies/Operations 252,450E 75% 189,338E 25% 63,113 E Fixed/Capital Assets(Equip/etc) 0 E 100% 0 E 0% 0 E 100% 1,435,550E 75% 1,076,663E 25% 358,888 E Operation Support Services Salaries&Benefits 1,405,900E 25% 351,475E 75% 1,054,425 E Services/Supplies/Operations 240,400E 25% 60,100E 75% 180,300 E Fixed/Capital Assets(Equip/etc) 0 E 100% 0 E 0% 0 E 100% 1,646,300E 25% 411,575E 75% 1,234,725 E Field Support Services Salaries&Benefits 2,479,800E 40% 991,920E 60% 1,487,880 E Services/Supplies/Operations 496,900E 40% 198,760E 60% 298,140 E Fixed/Capital Assets(Equip/etc) O E 100% O E 0% O E 100% 2,976,700E 40% 1,190,680 E 60% 1,786,020 E Special Operations Salaries&Benefits 4,538,900E 25% 1,134,725E 75% 3,404,175 E Services/Supplies/Operations 182,200E 25% 45,550E 75% 136,650 E Fixed/Capital Assets(Equip/etc) 0 E 100% O E 0% 0 E 100% 4,721,100E 25% 1,180,275E 75% 3,540,825 E North Area Patrol Division Salaries&Benefits 5,796,400E 25% 1,449,100E 75% 4,347,300 E Services/Supplies/Operations 482,350E 25% 120,588E 75% 361,763 E Fixed/Capital Assets(Equip/etc) 0 E 100% 0 E 0% 0 E 100% 6,278,750E 25% 1,569,688E 75% 4,709,063 E South Area Patrol Division Salaries&Benefits 5,539,300E 25% 1,384,825E 75% 4,154,475 E Services/Supplies/Operations 140,800E 25% 35,200E 75% 105,600 E Fixed/Capital Assets(Equip/etc) 0 E 100% 0 E 0% 0 E 100% 5,680,100E 25% 1,420,025E 75% 4,260,075 E Police Protection -Overall Program Scope(General Fund Portion Only) Salaries&Benefits $ 22,152,800E 32% $ 7,106,420E 68% $ 15,046,380 Services/Supplies/Operations 3,076,800E 52% 1,610,810E 48% 1,465,990 Fixed/Capital Assets(Equip/etc) O E 0% O E 0% 0 100% $ 25,229,600 35% $ 8,717,230 65% $ 16,512,370 Total Annual Service CaIIS2 59,940 Direct General Fund Cost Per Service Call $ 275 Notes: Direct operating expense reflects the variable portion of the Department budget subject to incremental increases in service demand directly affected by corresponding increases in developed land use throughout the City.The fixed cost component of Police protection is treated as a fixed-cost public service contributing to the project overhead burden. 2 Total annual service calls reflects annual call activity processed through the Communicatios Unit as tabulated by the City of Tustin Police Department Records Unit. Source:City of Tustin FY2016-17 Adopted Budget;City of Tustin Police Records Unit;Alfred Gobar Associates Vintage-FIA_Tustin-Aug-16/POLICE-1 Lo ' N VrC0I- V N O CO V V O 1p OON M O O 1p O O O O O COMCoLoNV (MN N (OVI-. V (ONLoLoLoMN OE - - - N LrO O V NO CO CO N 1p NCO V N 1p OOO O O 1p N N 00 0 V U~W \ ................... ...................................................................................................................................................................................... ................................................. V�VW rO Lo N 0 0 Co N N M N N N N N V N (O (O CO O M M LO O r N V M I'- M (O r OOOO N N CO V V V V M LO r LO O NLO O ('M O 0 0 N 1p r M M M (O (O (O M O 000 O O N N 0 C14 co o C = F a Y 1-- M O O N O V N I- I- I- I- V O I- LO 000 O V O OO O M M ` .N Q O LO M r V r O O V LO LO LO LO LO N r M M M M O V V LO N r M 0 CO E 0 Ln M M O 000 O O COO C14 (p (p O(MO C9 CO a LO .................. ..................................................................................................................................................................................................................................................... Lo I- V I- I- LO V O N N N N N N 1- N V NN I� N N CO LO O N O m ('0 0(V O 1- ('M ('M O N ('M V O 1p V ('M ('M ('M ('M O . . . 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O O Co M I,. O O 1- Lo cF) cF) cF) zi- Co Nr0 N 1p O0LN N Lo LO N M U O N O O NT Cq N N LN N V O O O O O L p — — — — O O V C O N N C O I O — — — — — — ) V a O N N N Lo (O O (O N V CO CO CO CO N M M O 10 W CF)Cl)NT LO MM O N ('M V O (O Ln V O (O N O O V O N O I- U Ly O Lo O O O O (o Lp O V LO LO LO LO O (O N N Ln V L �1 _ r r r C 7 y O M N V O 1p LO I- I- I- I- I- r M O CO O O O O CO MW 1p O M M N1pOllllllllLpONVCOCOCOOVLc) O 0)r(M LM U O —NVO LOLo M N Ln N O Lf) V V V V V LO N O O O O O O V N N('M('M N Ln .0 N � � N � � V O Z Fa Y N O V M V (ao 0 C0 (O (M NO O coN LO N V (O CO N O N N N N N V C14 C14 ocOIN O (E V V 1-- V V CO O LO N N N N N N N � 0 O O O O V N Lo � Lo M�� O O Cl) LL N Y N N N O N V N V LoU N a) C H T T N N N U Lp O O d G. O O O M L- a) .0. 0 W N (n N r j E N N Q Lo Q t E 10 W C W i� E 7 N Lo Lo y 0 p p N 'O O ^2 a) O G. 0 C N w Q r O U 0 N O O N N N a p U _ > N (n o)-E r In O CL N N = O N O N N (o Q Q Q N U Q 0 0 < � o O £ NLL 0 Qa N N c > °� > a 0) m } d}J J 00- D L6 N Lo Lo U O ' C U a w L6 U N N a N O 0 > 0 o 0 o oma a n Co w d 0 m U U o a -0 y 0 0 Q �p .� O a a) ti a s - c C-�- c -a £ £ r p N N > w N m Q a a o m 7 J N £ £ - > -p O > 7 'i O - i 0 0 a O 0 U cUwx � aac7 zx0 U > 0 (n Exhibit II-12 Direct Cost Of Police Protection Service Vintage Residential At 426 W. 6Th St Project Site Protection Service Demand Estimated Direct Cost Development Developed Incident Rate Annual Call Project Per Activity Acreage of Demand Demand Overall Acre Residential Melrose Place 4.4 10.62 47 $ 12,948 $ 2,931 Veranda Court 2.3 = 10.62 25 = 6,887 2,988 Project Residential 6.7 = 10.71 72 = $ 19,835 $ 2,950 Parks &Open Space Park Space 0.1 7.23 1 $ 275 $ 3,170 Subtotal 0.1 7.23 1 $ 275 $ 3,170 Project Overall: 6.8 10.72 73 $ 20,110 $ 2,953 Direct General Fund Cost Per Service Call' $ 275 Note: 1 Identified cost per service call reflects direct incident rate cost of protection service equal to 65%of overall department program budget($25,229,600 for FY2016-17). The fixed cost component of Police protection service is treated as a fixed public service expense contributing to the project overhead burden. Source:Alfred Gobar Associates. Vintage-FIA Tustin-Aug-16 POLICE-2 8/30/2016 3:09 PM E a E V V I- I- M LO N N O I- LO O LO N I- O N N N N N V CO V I�CO L0 O `o m N N M Co I-- O O O N N r V I-- N r O r N O O O O V co LO LM r O CO O O O O - N O O O O 0000 O N 0 0 000 O O O O Y 0 r C140 W N U F ¢ ...................Y .....I�....................................................................................................................................................................'.........................................N�. ............... M In O M CO N I- O 0000 N N0000O V V N N V OOO O I O L0 N C0 1 0O O O N O .... - a 0) O O O - N V N - O O 0000 0 - 00 000 O 00 O L r j M a a Y CO O oo F ....................................................................................................................................................................................................................................................................... M 0000 M N LL) 1-- V O 0000 M 01- LL) NOV IC4 - Q I- C14 In In In In O O O O O I�NOV N M O V V ID O 000 - 04 - O O O 0000 0000 000 O 00 C 0 1 I V (� CO O 0 V rN ....a..� ... ................................................................................................................................................................................................................./ L0 M M N I0 � O O O O I0 O N � 0 O N O N N N N r M O O O O O l0 N �-N CO CO O �j 0 000 - MC14 O O O 0000 0000 000 O 0 - I-:cdI- 000 U CO 0M � O � � � � OV OOWO;: 00N MLNN � O CO V CONN O O O O O N M O 0000 0 - 00 O 00 N(: N 1-1- Q) M O r 0 O 000 00 V V V V V V V V V NO 000 O N V 000V OCO W O 0 0 0 N N O O O 0000 OOOO 000 O 00 CN O Lo O V M N l0 co CO cn N M O M CO LO CO CO I- CO V V V V V I- r O O V V V V N O V N ONO O r L E -o O LC) N N LO V O O O O O O O O O O V 0 0 0 O rO OMNV OLn LL O m O O O N Cl) 0000 O 00 000 O O N L r j Co N ++ 0L }yi CSO 0 00 0 O O O O CO O O O O O M r O CNO N V M (J NT L U O [l-Cl)[l-Cl) X O O 0 coo - - - 0 0 0 0000 0000 000 0 00 NI��Ln N I, LV Lccz M co Ln N CO O N CO O Cl) LO LO LO LO LO N O VM M N l0 O O O O -o V r O L0 N O O O O O l0 O r N Cho Cho U () N O O O N I- M 0 0 N C(d clj c l V O o V m q LLq q o 0 0 0000 0 . 00 000 0 � v 0 v! P N O O(d M 0 LO O L L O O O O O O O O O O O O O N j CO N j w — d `o_ v�mv Ln O U) O C O O r CO V LO V V V CO CO CO CO N CO O O V l0Of I� r CO N M N Ln � 0 V O Cl)O 00 r N O O O O N N O O O 0000 O 00 N L6 V7 Lj r- W N Oo M x cC N V N V M N O �6. 0�� Lo N a) Y (q N ,V, � ) ate+ C N CQQQ N sU 00 E w w N w p rn E a a m m m ?, ?, a t 0 N aS N � U Q ._T. O m 6 O p N N N 0 O O .�x - G. o Iz LLJ N J J x o r w >_ o ° O u - H Q a a) a) a). . -o L m U Q 0 0 LL LL o o £ N Qa N u > c a) > a aai m }d}JJ o 0o v In as � of of U m .LL 0 � m o o w Y N w o .N °� c a p > o a x - m o o U aai `m a a N ani h co m U U a>i m m Q .� 'L d o O o d '� - > J aN E E rcU >m Daca' 00-0-.5 dmU > a£ £ o > - x 0UU � oUwzY U) L U C N m N (n 0 O d O1 N T N (0 (n U_ O a Exhibit II-14 Direct Cost Of Fire Protection Service Vintage Residential At 426 W. 6Th St Project Site Protection Service Demand Estimated Direct Cost Development Developed Incident Rate Annual Call Project Per Activity Acreage of Demand Demand Overall Acre Residential Melrose Place 4.4 2.80 13 $ 12,270 $ 2,777 Veranda Court 2.3 = 2.80 7 = 6,607 2,866 Project Residential 6.7 = 2.97 20 = $ 18,877 $ 2,808 Parks &Open Space Park Space 0.1 0.90 1 $ 944 $ 10,860 Subtotal 0.1 11.51 1 $ 944 $ 10,860 Project Overall: 6.8 3.08 21 $ 19,821 2,911 Direct General Fund Cost Per Service Call' $ 944 Note: 1 Identified cost per service call reflects direct incident rate cost of protection service equal to 65%of overall department program budget($7,167,600 for FY2016-17).The fixed cost component of the fire protection contract service agreement is treated as a fixed public service expense contributing to the project overhead burden. Source: City of Tustin FY2016-17 Adopted Budget; Orange County Fire Authority;Alfred Gobar Associates. Vintage-FIA Tustin-Aug-16 FIRE-1 8/30/2016 3:11 PM Exhibit II-15 City of Tustin Public Works Department FY2016-17 Adopted Budget 2016-17 Overhead & Park&Community Street&ROW Public Works Department Adopted Budget Fixed-Cost Service Facility Maintenance Maintenance Budget Division Expense Functions' O erationS2 Operations' Administration&Emergency Service Salaries&Benefits 428,800 : 95% 407,360 : 3% 12,864 : 2% 8,576 Services/Supplies/Operations 655,400 95% 622,630 3% 19,662 2% 13,108 Fixed/Capital Assets(Equip/etc) 0 € 100% 0 € 0% 0 € 0% 0 € 100% 1,084,200 : 95% 1,029,990 : 3% 32,526 : 2% 21,684 : Engineering Salaries&Benefits 883,500 € 95% 839,325 € 2% 17,670 € 3% 26,505 € Services/Supplies/Operations 158,000 : 95% 150,100 : 2% 3,160 : 3% 4,740 : Fixed/Capital Assets(Equip/etc) 0 100% 0 0% 0 0% 0 100% 1,041,500 : 95% 989,425 : 2% 20,830 : 3% 31,245 : Street Maintenance Operations Salaries&Benefits 591,800 : 5% 29,590 : 0% 0 95% 562,210 Services/Supplies/Operations 139,300 5% 6,965 0% 0 95% 132,335 Fixed/Capital Assets(Equip/etc) 3,325,000 € 0% 0 € 0% 0 € 100% 3,325,000 € 100% 4,056,100 : 1% 36,555 : 0% 0 E 99% 4,019,545 Landscape Maint(Non-CFD) Salaries&Benefits 1,482,700 : 10% 148,270 : 80% 1,186,160 : 10% 148,270 Services/Supplies/Operations 2,234,900 : 10% 223,490 : 80% 1,787,920 : 10% 223,490 : Fixed/Capital Assets(Equip/etc) 0 10% 0 80% 0 10% 0 100% 3,717,600 : 10% 371,760 : 80% 2,974,080 : 10% 371,760 : Water Quality Salaries&Benefits 133,100 : 95% 126,445 : 5% 6,655 : 0% 0 Services/Supplies/Operations 356,500 95% 338,675 5% 17,825 0% 0 Fixed/Capital Assets(Equip/etc) 0 € 95% 0 € 5% 0 € 0% 0 € 100% 489,600 : 95% 465,120 : 5% 24,480 : 0% 0 E Fleet Maintenance Salaries&Benefits 489,800 € 60% 293,880 € 20% 97,960 € 20% 97,960 € Services/Supplies/Operations 534,000 : 60% 320,400 : 20% 106,800 : 20% 106,800 : Fixed/Capital Assets(Equip/etc) 0 50% 0 0% 0 50% 0 100% 1,023,800 : 60% 614,280 : 20% 204,760 : 20% 204,760 : Building Facility Maintenance Salaries&Benefits 291,800 : 75% 218,850 : 15% 43,770 : 10% 29,180 Services/Supplies/Operations 1,123,900 75% 842,925 15% 168,585 10% 112,390 Fixed/Capital Assets(Equip/etc) 0 € 75% 0 € 15% 0 € 10% 0 € 100% 1,415,700 : 75% 1,061,775 : 15% 212,355 : 10% 141,570 : Public Works-Overall Program Scope(General Fund Portion Only) Salaries&Benefits $ 4,301,500 48% $ 2,063,720 32% $ 1,365,079 20% $ 872,701 Services/Supplies/Operations 5,202,000 : 48% 2,505,185 : 40% 2,103,952 : 11% 592,863 : Fixed/Capital Assets(Equip/etc) 3,325,000 : 0% 0 € 0% 0 100% 3,325,000 100% $ 12,828,500 : 36% $ 4,568,905 : 27% $ 3,469,031 : 37% $ 4,790,564: Estimated City Population on Jan 1,2017: 84,500 Direct Per Capita Based Service Cost $ 41.05 € Centerline Miles of Public Right-of-Way Maintained 129.1 Equivalent Lane-Miles of Roadway Maintained 322.8 Direct Cost Per Lane-Mile: $ 14,843 Notes: ' For purpose of this FIA,all General Fund Public Works expense is treated as an general overheard or fixed-cost public service function unless identified as a service function related to parks maintenance or roadway maintenance. 2 Public Works is responsible for a broad spectrum of maintenance duties related to parks and community facilities utilized by the general public. In all,13 parks covering nearly 99 acres,a community center,and senior center are maintained by Public Works. Parks and community facility maintenance expense is treated as a per capita based function. 3 Public Works is responsible for a broad spectrum of maintenance duties involving infrastructure and landscape management in the right-of-way. In all,approximately 129 miles of roadway,120 traffic signals,3,600 street lights,51 miles of storm drains,and 15,800 street trees are maintained by Public Works. Identified roadway maintenance expense does not include Gas Tax and Measure M funding and related expenditures primarily directed to capital improvements.Roadway maintenance cost is assigned per equivalent lane-mile of roadway served with an estimated 2.5 lane-miles per center-line mile of roadway. Source:City of Tustin FY2016-17 Adopted Budget;2015 City of Tustin CAFRS report;Alfred Gobar Associates Vintage-FIA-Tustin-Aug-16/PUB-WORKS Exhibit II-16 City of Tustin Parks & Recreation Department FY2016-17 Adopted Budget 2016-17 Fixed Cost Variable& Police Department Adopted Budget &Overhead Direct Cost Budget Division Expense Functions Functions' Administration Salaries&Benefits 474,700 65% 308,555 35% 166,145 Services/Supplies/Operations 386,500 : 65% 251,225 : 35% 135,275 : Fixed/Capital Assets(Equip/etc) 850E 100% 850E 0% 0 E 100% 862,050E 65% 560,630E 35% 301,420 E Sports Salaries&Benefits 668,200E 5% 33,410 E 95% 634,790 E Services/Supplies/Operations 332,650E 5% 16,633E 95% 316,018 E Fixed/Capital Assets(Equip/etc) 8,000E 100% 8,000E 0% 0 E 100% 1,008,850E 6% 58,043E 94% 950,808 E Classes/Cultural Services Salaries&Benefits 264,000E 5% 13,200E 95% 250,800 E Services/Supplies/Operations 357,000E 5% 17,850E 95% 339,150 E Fixed/Capital Assets(Equip/etc) 51,000 E 100% 51,000E 0% 0 E 100% 672,000 E 12% 82,050E 88% 589,950 E Senior Citizens Salaries&Benefits 439,500 E 5% 21,975E 95% 417,525 E Services/Supplies/Operations 112,100E 5% 5,605E 95% 106,495 E Fixed/Capital Assets(Equip/etc) 0 E 100% 0 E 0% 0 E 100% 551,600E 5% 27,580E 95% 524,020 E Support Services Salaries&Benefits 270,700E 5% 13,535E 95% 257,165 E Services/Supplies/Operations 7,750E 5% 388E 95% 7,363 E Fixed/Capital Assets(Equip/etc) 2,000E 100% 2,000E 0% 0 E 100% 280,450E 6% 15,923E 94% 264,528 E Tustin Youth Center Salaries&Benefits 330,600 E 5% 16,530E 95% 314,070 E Services/Supplies/Operations 34,850E 5% 1,743E 95% 33,108 E Fixed/Capital Assets(Equip/etc) 1,400E 100% 1,400E 0% 0 E 100% 366,850E 5% 19,673E 95% 347,178 E Parks&Recreation -Overall Program Scope Salaries&Benefits $ 2,447,700E 17% $ 407,205 E 83% 2,040,495 E Services/Supplies/Operations 1,230,850E 24% 293,443E 76% 937,408 E Fixed/Capital Assets(Equip/etc) 63,250E 100% 63,250E 0% 0 E 100% $ 3,741,800E 20% $ 763,898E 80% $ 2,977,903 E Estimated City Population on Jan 1,2017: 84,500 Direct Per Capita Based Service Cost $ 35.24 Notes: Direct operating expense reflects the variable portion of the Department budget subject to incremental increases in service demand directly affected by corresponding increases in developed land use population throughout the City.The fixed cost component of Department budget is treated as a fixed-cost public service contributing to the project overhead burden. Source:City of Tustin FY2016-17 Adopted Budget;Alfred Gobar Associates Vintage-FIA_Tustin-Aug-16/REC Exhibit II-17 Cost Of Per Capita Based Services Vintage Residential At 426 W. 6Th St Project Project Description/Characteristics Per Capita Services Capita Service Cost Development Project D.U.'s and Occupancy On-Site Recreation Park Facilities Project Per Activity Acreage Bldg.Area &Utility Population I Services Maintenance Overall Acre Residential (Dwellings) (Residents) Melrose Place 4.4 92 95% 196 6,907 8,047 14,954 3,385 Veranda Court 2.3 48 95% 102 3,595 4,187 7,782 3,376 Project Residential 6.7 140 298 $ 10,502 $ 12,234 $ 22,736 $ 3,382 Parks &Open Space (Jobs) Park Space 0.1 - 100% - $ - $ - $ - $ - Subtotal 0.1 - - $ - $ - $ - $ - Project Overall: 6.8 n.a. n.a. $ 10,502 $ 12,234 $ 22,736 $ 3,339 (On-Site Residents) (Per Resident) Resident-Based Expense: 298 $ 35.24 $ 41.05 $ 22,736 (On-Site Jobs) (Per On-Site Job) Job-Based Expense: - $ 17.62 $ 20.53 $ - Note: The direct expense of public demanded recreation services and enjoyment of park facilities is assigned on the basis of the City resident population,which accounts for a large portion of recreation program participation facility enjoyment. In contrast,workers employed at businesses also participate in selected programs such adult sports leagues,etc.,and utilize City park facilities. To reflect the potential for non-resident worker participation one-half the per capita rate is assigned. Source:City of Tustin FY2016-17 Adopted Budget;Alfred Gobar Associates Vintage-FIA Tustin-Aug-16 CAP COST 8/30/2016 3:11 PM Exhibit II-18 Operating Administration & Fixed Cost Overhead Burden Vintage Residential At 426 W. 6Th St 2016-17 Capital Outlays, Effective Adopted Budget Debt&Offsetting Overhead Administrative& Fixed-Cost Functions I Allocation' Service Revenue Burden General Government Administration Functions: City Council $ 42,000 $ - $ 42,000 City Clerk 501,200 - 501,200 City Attorney 550,000 - 550,000 City Manager 1,524,100 - 1,524,100 Finance 1,227,400 - 1,227,400 Human Resources 751,600 - 751,600 Successor Agency/RDA - - - Misc& Non-Department 1,326,900 1,487,440 (160,540) Subtotal: $ 5,923,200 $ 1,487,440 $ 4,435,760 General Public Service Fixed-Cost Functions: Community Development $ 3,136,800 $ 1,177,700 $ 1,959,100 Pubilc Works 4,568,905 - 4,568,905 Police Protection Service 8,717,230 35,000 8,682,230 Fire Protection Service 2,508,660 - 2,508,660 Parks &Recreation 763,898 176,250 587,648 Subtotal: $ 19,695,493 $ 1,388,950 $ 18,306,543 General Administration &Fixed Cost: $ 25,618,693 $ 2,876,390 $ 22,742,302 City Overall Program Budget Scope: Overall Budget Program Scope: $ 220,009,173 $ 57,621,663 $ 162,387,510 General Administration &Fixed Cost: (25,618,693) (2,876,390) (22,742,302) Overall Direct Program Budget Cost: $ 194,390,481 $ 54,745,273 $ 139,645,208 Administrative and Overhead Cost Structure: Overall Direct Overhead Burden 13.2% n.a. 16.3% Incremental Project Overhead Burden 8.14% Notes: ' The overall program budget scope reflects all ongoing funding sources and activities subject to City oversight. General fixed-cost functions reflect public service expenses not directly affected by project development. 2 Capital outlays and debt service reflect average annual expenditure over 3-year period FY2013-14 to FY2016-17. Offsetting revenue limited to General Fund activities during FY2016-17. s Estimate of effective overhead burden reflects budget expense less capital outlays,debt service payments,and offsetting revenues from charges,fees,and agency reimbursements. Source: City of Tustin FY2016-17 Adopted Budget;Alfred Gobar Associates File:Vintage-FIA_Tustin-Aug-16/Tab:OVRHD Exhibit II-19 Summary Of Fiscal Cost Vintage Residential At 426 W. 6Th St Project Fiscal Cost By Service Function Annual Project Project Land Use Cost Per Capita Cost Overhead Fiscal Cost Development Project Police Fire Roadway Rec/Cult Parks& Burden Project Per Activity Acreage Protection Protection Maint. Services Fac Maint 8.14% Overall Acre Residential Melrose Place 4.4 $ 12,948 $ 12,270 $ - $ 6,907 $ 8,047 : $ 3,271 : $ 43,443 $ 9,833 Veranda Court 2.3 : 6,887 6,607 - 3,595 4,187 : 1,732 : 23,009 9,982 € Project Residential: 6.7 € $ 19,835 $ 18,877 $ - € $ 10,502 $ 12,234 € $ 5,004 € $ 66,452 $ 9,884 € Parks &Open Space Park Space 0.1 $ 275 $ 944 $ - $ - $ - $ 99 $ 1,319 $ 15,172 Subtotal: 0.1 $ 275 $ 944 $ 99 $ 1,319 $ 15,172 Street Circulation - - Misc ROW's/Off-Site - - - 3,711 1 302 4,013 - Circulation Subtotal; - $ - $ - $ 3,711 $ - $ - $ 302 $ 4,013 $ - Project Overall::: 6.8 € $ 20,110 $ 19,821 $ 3,711 € $ 10,502 $ 12,234 : $ 5,405 : $ 71,783 $ 10,541 € Cost Distribution: 28.0% 27.6% 5.2% 14.6% 17.0% 7.5% 100.0% 0 Source: Alfred Gobar Associates. Vintage-FIA Tustin-Aug-16 EXP SUM 8/30/2016 3:11 PM Exhibit II-20 Summary Of Net Fiscal Effect On General Fund Vintage Residential At 426 W. 6Th St Project Overall Fiscal Effect Of Land Use Effective Net Fiscal Development Project Annual Annual Net Annual Rev : Cost Effect Activity Acreage Revenue Cost Benefit/(Cost) Ratio Per Acre Residential Melrose Place 4.4 $ 105,442 $ 43,443 $ 61,999 2.42 : 1.00 $ 14,033 Veranda Court 2.3 49,702 23,009 26,693 2.16 : 1.00 11,580 Project Residential 6.7 $ 155,144 $ 66,452 $ 88,692 2.33 : 1.00 $ 13,192 Parks &Open Space Park Space 0.1 $ 13 $ 1,319 $ (1,306) 0.00: 1.00 $ (15,025) Subtotal 0.1 $ 13 $ 1,319 $ (1,306) 0.00: 1.00 $ (15,025) Street Circulation Misc ROW's/Off-Site - - 4,013 (4,013) - - Circulation Subtotal - $ - $ 4,013 $ (4,013) - $ - Project Overall: 6.8 $ 155,156 $ 71,783 $ 83,373 2.16 : 1.00 $ 12,243 Source: Alfred Gobar Associates. Vintage-FIA_Tustin-Aug-16 SUMMARY 8/30/2016 3:11 PM ALFRED GOBAR ASSOCIATES Chapter III Existing Industrial Fiscal Analysis Existing Land Use Description The 6.8 Vintage project location is currently improved with four multi-tenant industrial buildings, loading docks, a cell towner, and on-site parking for business tenants. CoStar leasing data indicates an initial building was constructed in 1964 and the last building was constructed in 1976. The design of on-site buildings reflects aesthetic and operating conventions common to architecture and industrial processes of the time. At present, the site competes as a third tier industrial location due to antiquated design involving clear heights, column spacing, fire suppression, loading design, and other technologies required for modern industrial processes. Based on a review of business license records, leasing data, and a site visit in July 2016, the existing profile of on-site business activity can be characterized as follows. Existing Land Use -420 6th Street(Freeway Commerce Center 320-630 640-694 418-428 420-436 On-Site Site Activity B Street B Street 6th Street 6th Street Total Rentable Building Area(RBA) 28,160 33,584 43,323 65,657 170,724 Existing Business Activity (Business Activity Description) (Est.Jobs) Synthetic Grass Store Whsle/Dist 2 Permlight Products Whsle/Dist 6 Product Dist(E-Cig) Whsle/Dist 2 H&J Cabinet Wg Mfg 2 Cabinet Mfg Mfg 2 Cabinet Mfg Mfg 2 KeithCo Wg Mfg 7 Pool Pump Wg Mfg Mfg 9 Printing Studio Mfg 2 Angelina Bridal Svcs Rental 2 HBP Dance Studio Rec/Instr 1 Sandbox Mktg Bus Secs 4 Harris Histology Svcs Per Svcs 4 Calvary Chapel Civic-Admin Civic-Distrib 10 AT&T Cell Tower Utility-Infra Available lease Space n.a. n.a. n.a. n.a. Estimate of On-Site Workers: 55 Note: Rentable building area reflects space subject to lease.Actual total building area is roughly 183,00 square feet,including non-rentable space required for mechanical-safety equipment. Source:Lee&Associates,Costar Group,Alfred Gobar Associates The existing buildings occupy roughly 183,000 square feet of gross building area, but only about 170,700 square feet reflects rentable area after deducting space required Fiscal Analysis of Vintage Residential Project III-1 ALFRED GOBAR ASSOCIATES for mechanical related equipment. Due to age and functional design limitations, the tenant profile of occupyied building space has constantly changed over the past several years (evidenced by numerous signs for non-existent businesses). The profile of tenants occupying space at the site location is likely to change in the future as it has repeatedly in the past but the mix of business activity described above provides a good indication of activities likely to characterize land use activity at the site location. A more detailed summary of existing industrial land use at the site location is identified in Exhibit III-1. For purpose of this analysis, it is assumed site buildings will remain 100% occupied (as is currently the case). In addition, it is estimated about 15 unique business establishments currently occupy on-site building space and employ roughly 50 to 55 workers on floor area per worker ratios identified. County Assessor records also indicate the currently taxable value of site improvements is roughly $16 million, as shown. Available business license data suggests several on-site businesses reported less than $600,000 in prior year business receipts. The manufacturing, business service, and religious orientation of existing business activity also suggests the share of business transactions subject to sales tax will be minimal. For purpose of this analysis, it is assumed that only about 10% of estimated on-site business activity (or roughly $900,000) is subject to sales tax. Fiscal Revenue Summary Exhibit III-2 summarizes the principal sources of fiscal revenue that likely characterize existing industrial land use activity at the site location. For all principal sources of fiscal revenue, it is estimated existing industrial activities generate about $29,000 per year (2016 dollars) in funding support for General Fund operations. Among the principal sources of fiscal revenue, property tax revenue is by far the most significant (59% or $17,000 per year), with sales tax (31% or $9,000 per year), business license fees (5% or $1,400 per year), and franchise fees (4% or $1,200 per year) accounting for the balance of support. Combined, property tax and sales tax account for 90% of total General Fund budget support generated by existing industrial land use activity at the site location. Fiscal Analysis of Vintage Residential Project III-2 ALFRED GOBAR ASSOCIATES Fiscal Cost Summary Exhibit III-3 summarizes the principal sources of fiscal expense that existing industrial activity at the site location is estimated to demand in General Fund services. Overall, it is estimated that existing industrial land use at the site location requires public services that represent about $30,300 per year (2016 dollars) in General Fund operating cost. In terms of public service most in demand, Police protection represents the largest component of cost (45% or $13,800 per year), followed by Fire protection (28% or $8,500 per year), then maintenance related to roadway improvements (12% or $3,700 per year), and finally the overhead burden of general administration and fixed-cost services (8% or$2,300 per year). All combined, these four services account for 93% of the total annual cost required to provide General Fund public services demanded by existing on-site industrial activities. Net Fiscal Effect of Existing Industrial Fiscal revenue generated by existing industrial land use at the site location falls short of the cost of providing General Fund public services that site activities likely require of the City of Tustin. As shown in Exhibit III-4, existing site development and business activity generates nearly $29,000 per year in fiscal revenue but at the same time requires slightly more than $30,000 per year in General Fund expense for public services. Current site improvements and business activities represent a small but negative fiscal burden (about$1,600 per year)for the City of Tustin. A significant factor contributing to the weak fiscal performance of existing land use is the low taxable value of site improvements per acre of land use. F:\VINTAGE-FIA AUG-16\A000ST 30,2016\B Fiscal Analysis of Vintage Residential Project III-3 Exhibit III-1 Existing Land Use Assumptions Multi-Tenant Industrial At 426 W. 6Th St Project Description of Project Level of Taxable Property Value Population &Jobs Development Dev Intensity D.U.'s and Occup. Or Per Project Per Project Activity Acreage Of Dev. Bldg.Area Utilization Unit Overall Unit Overall Industrial (FAR) (000 Sq Ft) ($000/SF) ($000) (SF/Job) (Jobs) Wholesale/Distrib 2.23 0.62 60 100% $ 87 $ 5,210 6,000 10 Manufacturing 2.61 0.62 70 100% 87 6,100 2,900 24 Business Services 0.41 0.62 11 100% 87 960 1,800 6 Non-Indust Svcs 1.56 0.62 42 100% 87 3,670 2,800 15 Subtotal 6.81 0.62 183 100% $ 87 $ 15,940 3,300 55 Project Overall: 6.81 $ 15,940 Residents: - Jobs: 55 Note: Taxable property value is for 2016 based on current records from the Orange County Assessor Office. 2 Estimate of on-site population and employment accounts for estimated occupancy describing each land use activity. Source: Intra-Corp SoCal-1 LLC; Urban Arena Site Plan-Sheet A-2;Alfred Gobar Associates Indust-FIA—Tustin-Aug-1 6/ASSUME Exhibit III-2 Summary Of Fiscal Revenue Multi-Tenant Industrial At 426 W. 6Th St Project Fiscal Revenue By Source Annual Project Property Project Land Use Revenue Per Capita Fiscal Revenue Development Project Tax Transfer Retail Business Franchise Driven Project Per Activity Acreage Revenue Tax Sales Tax License Fees Revenue Overall Acre Industrial Wholesale/Distrib 2.2 '_. $ 5,556 '_. $ 57 $ 9,000 $ 303 $ 281 '_. $ - '_. $ 15,197 $ 6,815 '_. Manufacturing 2.6 € 6,505 : 67 - 606 630 - 7,808 2,991 € Business Services 0.4 1,024 11 - 162 66 - 1,262 3,079 Non-Indust Svcs 1.6 3,913 : 40 - 324 254 - 4,532 2,905 Subtotal: 6.8 € $ 16,997 € $ 175 $ 9,000 $ 1,395 $ 1,231 € $ - € $ 28,798 $ 4,229 : Street Circulation Misc ROW's/Off-Site - Circulation Subtotal: $ Project Overall:: 6.8 : $ 16,997 : $ 175 $ 9,000 $ 1,395 $ 1,231 : $ - : $ 28,798 $ 4,229 Revenue Distribution: 59.0% 0.6% 31.3% 4.8% 4.3% 0.0% 100.0% Source: Alfred Gobar Associates. Indust-FIA—Tustin-Aug-16 REV SUM 8/30/2016 3:00 PM Exhibit III-3 Summary Of Fiscal Cost Multi-Tenant Industrial At 426 W. 6Th St Project Fiscal Cost By Service Function Annual Project Project Land Use Cost Per Capita Cost Overhead Fiscal Cost Development Project Police Fire Roadway Rec/Cult Parks& Burden Project Per Activity Acreage Protection Protection Maint. Services Fac Maint 8.14% Overall Acre Industrial Wholesale/Distrib 2.2 $ 4,408 $ 2,832 $ - $ 176 $ 205 1 $ 621 1 $ 8,241 $ 3,696 Manufacturing 2.6 5,234 2,832 - 425 495 : 732 : 9,718 3,723 Business Services 0.4 € 826 944 - 108 125 € 163 € 2,167 5,284 € Non-Indust Svcs 1.6 € 3,306 1,888 - 264 308 € 469 € 6,235 3,997 € Subtotal; 6.8 $ 13,774 $ 8,495 $ - $ 974 $ 1,134 1 $ 1,985 1 $ 26,361 $ 3,871 Street Circulation - - Misc ROW's/Off-Site - - - 3,711 302 € 4,013 - Circulation Subtotal; - $ - $ - $ 3,711 1 $ - $ - $ 302 $ 4,013 $ - Project Overall:; 6.8 $ 13,774 $ 8,495 $ 3,711 1 $ 974 $ 1,134 ': $ 2,287 ': $ 30,374 $ 4,460 Cost Distribution: 45.3% 28.0% 12.2% 3.2% 3.7% 7.5% 100.0% 0 Source: Alfred Gobar Associates. Indust-FIA-Tustin-Aug-16 EXP SUM 8/30/2016 3:00 PM Exhibit III-4 Summary Of Net Fiscal Effect On General Fund Multi-Tenant Industrial At 426 W. 6Th St Project Overall Fiscal Effect Of Land Use Effective Net Fiscal Development Project Annual Annual Net Annual Rev : Cost Effect Activity Acreage Revenue Cost Benefit/(Cost) Ratio Per Acre Industrial Wholesale/Distrib 2.2 $ 15,197 $ 8,241 $ 6,955 1.84 : 1.00 $ 3,119 Manufacturing 2.6 7,808 9,718 (1,911) 0.80 : 1.00 (732) Business Services 0.4 1,262 2,167 (904) 0.58 : 1.00 (2,206) Non-Indust Svcs 1.6 4,532 6,235 (1,704) 0.72 : 1.00 (1,092) Subtotal 6.8 $ 28,798 $ 26,361 $ 2,437 1.09 : 1.00 $ 358 Street Circulation Misc ROW's/Off-Site - - 4,013 (4,013) - - Circulation Subtotal - $ - $ 4,013 $ (4,013) - $ - Project Overall: 6.8 $ 28,798 $ 30,374 $ (1,576) 0.94 : 1.00 $ (231) Source: Alfred Gobar Associates. Indust-FIA Tustin-Aug-16 SUMMARY 8/30/2016 3:00 PM ATTACHMENT G Outside Agency Comments WTF OFCAL1_FORMA-CAL1EQ lN1A STA'EF'RiANSPOATA'T�OF!AC.PJJf:Y _ - _ _ DMlJNO O.AROWN Jr.Gmrmrt� DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 MICHELSON DRIVE,SUITE 100 IRVINE,CA 92612-8894 Serious Drought. PHONE (949)724-2086 Serious drought. FAX (949)724-2592 Help save water! TTY 711 www.doLca.gov RECEIVED .SUN 2 0 2016. June 15, 2016 Colhi.l MTY DEVELOPMENT BY: Ms.Elaine Dove File: IOR/CEQA City of Tustin SCH#:None Planning Division Log#:4733 300 Centennial Way_ 1-5 Tustin, CA.92780 Dear Ms.Dove: Thank you for the opportunity to review and comment on the General Plan Amendment (GPA) 2016-01,Zone Change 1016.001,Tentative Parcel Map(TPM)No. 17993 and Design Review(DR)2016.004, for the Vintage 140 unit condominium complex at 420 W.Pith Street within the City of Tustin. (This is an amended Ietter from the letter dated.lune 13,201.6.Please note the additional comment from Traffic Design on this proposed project). Caltrans Local Development-Intergovernmental Review program reviews impacts of local development to the transportation system,including the State Highway System. Caltrans works to ensure that local land use planning and development decisions include the Provision of transportation choices,including transit,intercity rail passenger service,air service,walking and biking,when appropriate.To ensure a safe,efficient,and reliable transportation system,we encourage early consultation and coordination with local jurisdictions and project proponents on all development projects that utilize the multimodal transportation network. Caltrans advocates community design(e.g.urban infill,mixed use,transit oriented development) that promotes an efficient transportation system and healthy communities. The Department of Transportation (Caltrans) is a commenting agency on this project and has the following comments for your consideration. "Provide a safe,sustainable,integrated and efficient transporlation system to enhance California's economy and fivability" Ms.Elaine Dove June 15,2016 Page 2 Traffic Operations: 1. Demonstate-if a Traffic Impact Study(TIS)is needed following the Caltrans TIS guide at http:/lwww.dot.ca Ro�q(tp�/offioeslocp/ig cega- 1 les/tisggide.pdL 2. if a TIS is required,please prepare a�draft TIS scope proposal and.submit for our review,include any Vehicle Miles Travel (VMT)reducing strategies. 3. Submit the required traffic analysis scenarios for a general plan amendment Showing traffic impacts at all intersections leading to and from all California State Highways.Include all intersections with ramps at the Newport Avenue and Red Hill Avenue interchanges for the Interstate 5°(I-5)Santa Ana Freeway.As a minimum,provide Existing Conditions,Proposed Project Only with'Select:Zone Analysis,General Plan Build-out Only,and General Plan Build-out Plus Proposed Project. • r Traffic Design: 4. Caltrans is currently working on a project(EA OK670)which proposes to widen North- bound I-5 freeway within proposed development limits.As the result of the widening there is a possibility of acquiring approximately 20' to accommodate project needs. Office of Outdoor Advertising: 5. Regarding A-15(Freeway Signage)of the project plans,if the display operates as an on.- premise display as defined in Business and Professions.Code 5272 ODA(Outdoor Advertising)will not require a permit. 6. However if the display advertises off-premise commercial copy you will have to apply for a State ODA Permit and comply with the current standards of the California Outdoor Advertising Act.and the FederalHighway Beautification Act. Information on outdoor advertising may be obtained by contacting George Anzo Jr.Southern Area Manager at,George.anzp@dot.ca.go_v_. 7. Illuminated signs could be c6nsidered a traffic safety hazard given the potential of light and glare to distract drivers. Section 214665 of the California Vehicle Code regulates illumination by placing limits on maximum light output. nttp://www.dmv.ca.goyLportal/dmv/detaillpubslvcto Lcl� dll/CZla3/21466.5 "Provide a saye,surtalnable,Integrated and efclau ironsportaetan syuems to enhance cafyomia 1 economy and livability" Ms. Elaine Dove June 15,2016 Page 3 Landscape Architecture: 8. There is no existing landscape adjacent to the proposed project. The area between Caltrans right of way and the proposed development is too narrow to landscape.There are no landscaping issues. 9. The proposed 20' high sound wall is located about 8' below the level of the 1-5 freeway, and approximately 12' of sound wall will be visible from the freeway level with 3 story buildings above and beyond the sound wail. The height of the proposed sound wall is approximately the height of the existing building. 10. Please provide final detail plans of the sound wall aesthetics visible from the freeway. The visual character of the corridor changes slightly from the existing commercial theme to a residential theme. Although the development will consist of 2 and 3 story buildings, freeway viewers would not notice substantial visual changes along the freeways. Local Development IGR: 11.Please identify if there is an environmental determination for this project under CEQA. Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us,please do not hesitate to call Aileen Kennedy at(949)724-2239. Sincerely, MAUREEN EL HARAKE Branch Chief, Regional-Community-Transit Planning District 12 c: Steve Sower,Traffic Operations Southwest George Anzo Jr- Southern Area Manager Office of Outdoor Advertising Greg Grant, Right of Way Engineering Kamran Mazhar,Chief Design 'F'&Traffic Design -Provide a safe,sustainable,inregrared and efficient transportation system io enhance California's economy and livability" T TC OF CALIFORNIA--CALIFORNIASTATE TRANSPORTAMN AGENCY D D N Jr.,Governor DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 MICHELSON DRIVE,SUITE 100 IRVINE,CA 92612-8894 PHONE (949)724-2086 Serious drought. FAX (949)724-2592 Help save water! TTY 711 www.dot.ca.gov RECEN'r­' JUN 2 0 2016 June 13, 2016 COPOMUNITY DEVELOPME., BY: Ms. Elaine Dove File: IGRICEQA City of Tustin SCH#: None Planning Division Log#: 4733 300 Centennial Way I-5 Tustin, CA. 92780 Dear Ms. Dove: Thank you for the opportunity to review and comment on the General Plan Amendment (GPA) 2016-01, Zone Change 2016-001,Tentative Parcel Map (TPM) No. 17993 and Design Review (DR) 2016-004, for the Vintage 140 unit condominium complex at 420 W. 6th Street within the City of Tustin. Caltrans Local Development-Intergovernmental Review program reviews impacts of local development to the transportation system, including the State Highway System. The Department works to ensure that local land use planning and development decisions include the provision of transportation choices, including transit, intercity rail passenger service, air service, walking and biking,when appropriate. To ensure a safe, efficient, and reliable transportation system,we encourage early consultation and coordination with local jurisdictions and project proponents on all development projects that utilize'the multimodal transportation network. The Department advocates community design (e.g. urban infill, mixed use, transit oriented development) that promotes an efficient transportation system and healthy communities The Department of Transportation (Caltrans) is a commenting agency on this project and has the following comments for your consideration. Traffic Operations: 1. Demonstrate if a Traffic Impact Study (TIS) is needed following the Caltrans TIS guide at http://www.dot.ca.gov/hg/tpploffices/ooligr ce a files tisguide.pdf. 2. If a TIS is required, please prepare a draft TIS scope proposal and submit for our review, include any Vehicle Miles Travel (VMT) reducing.strategies. "Provide a safe.sustainable.integrated and efficient transportation system to enhance California's economy and livability" Ms. Elaine Dove June 13, 2016 Page 2 3. Submit the required traffic analysis scenarios for a general plan amendment showing traffic impacts at all intersections leading to and from all California State Highways. Include all intersections with ramps at the Newport Avenue and Red Hill Avenue interchanges for the I-5 Santa Ana Freeway. As a minimum,provide Existing Conditions, Proposed Project Only with Select Zone Analysis, General Plan Build-out Only,.and General Plan Build-out Plus Proposed Project. Office of Outdoor Advertising: 4. Regarding A-15 (Freeway Signage) of the project plans, if the display operates as an on- premise display as defined in Business and Professions Code 5272 ODA_(Outdoor Advertising) will not require a permit. 5. However if the display advertises off-premise commercial copy you will have to apply for a State ODA Permit and comply with the current standards of the California Outdoor Advertising Act and the Federal Highway Beautification Act. Information on outdoor advertising may be obtained by contacting George Anzo Jr. Southern Area Manager at George.anzoRdot.ca,gov. 6. Illuminated signs could be considered a traffic safety hazard given the potential of light and glare to distract drivers. Section 21466.5 of the California Vehicle Code regulates illumination by placing limits on maximum light output. http://www.dmv.ca.gov/portalldmv/detail/pubs/vctop/vcld I I/c2/0/21466.5 Landscape Architecture: 7. There is no existing landscape adjacent to the proposed project. The area between Caltrans right of way and the proposed development is too narrow to landscape. There are no landscaping issues. 8. The proposed 20' high sound wall is located about 8' below the level of the 1-5 freeway, and approximately 12' of sound wall will be visible from the freeway level with 3 story buildings above and beyond the sound wall. The height of the proposed sound wall is approximately the height of the existing building. 9. Please provide final detail plans of the sound wall aesthetics visible from the freeway. "Provide a safe,sustainable,integrated and efficient transportation system to enhance California's economy and livability" 0.� a Ms. Elaine Dove June 13, 2016 Page 3 10. The visual character of the corridor changes slightly from the existing commercial theme to a residential theme. Although the development will consist of 2 and 3 story buildings, freeway viewers would not notice substantial visual changes along the freeways. Local Development IGR: 11. Please identify if there is an environmental determination for this project under CEQA. Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Aileen Kennedy at (949) 724-2239. Sincerely, MAUREEN EL HARAKE Branch Chief, Regional-Community-Transit Planning District 12 c: Steve Sower,Traffic Operations Southwest George Anzo Jr- Southern Area Manager Office of Outdoor Advertising Greg Grant, Right of Way Engineering Kamran Mazhar, Chief Design 'F' &Traffic Design "Provide a safe,sustainable,integrated and efficient transportation system to enhance California's economy and livability" ATTACHMENT H Alternative Site Plan - ' E3ernx imr i9 9l Li ( �31Y0 o�vamus oimurrs 3rurwnlx-Ki\}.nvs oxounAw\ssxoa\v.CvaOo-tlll+v�d Y -,135 NVId F N N _ oH N 4 a W n 1 v F�.. i..T�..,•.�1�-� 'n_ f i.t I:.�.fa-. Q yCC h N Z O ry 'tif�•i' ! i zi,Nl C•> Z N } t: � Ii O N^ � 6 A z O O D .N- o N N 6 z x 'Leo LL W O E-n t I �' N I ' f9 h.. M. Igo oe o N •� v' o c�1m N� a m n Nv oOr z� 3n U N N 7 ZQ a t-- N Fd- ti � Z LLJ Ir, rjj 0N i) Q Z d�w K OLL IL ��� �� Q SOn LLJ a F vi �•7 of in m n Nv O� z ---_ -F. _ --=W�`'_ y J d}p CL Fy 9 vw cc Q I S Gly N o ui m Z xW a w 4 N 7 N w r a - x (n x w �d 0° N � � o o CJ om = $ z �d v z ?j!= != W F- H O O Y OY 9 4 a O 1 U a alu a V .1 } Lr,6 i� [�t1 5z��1t�L� QCs 'I! tv�i AA A nir]�.� ,�11f"'�'�'�tis�'F= -_� 1. ' ° jr17 V ?Mn •/I� ! �� � JI= r" i r-.W i.�Fl��`� i����1 fJ LW��7 F��l fr' / �• �/ ° ! J / r� jg Sia �r �, ~1I:�-�y'i�n�''. 1 Fes!; ,/�r/l•`-��, ri if J��-r'`r1�i_; ° 1 / I � /y� :'•.-c _t r. —�:� — ,N`/� frr:=,�_J "r¢..Jg- �'.11`'"' 'r ��� "ti.y �j o / f f � ! {,Ivr} f� ..`� ''' �t�.! I���l i ��1,�vY•.i iT��i � C1���1� I ° %�' r• �f�. 1 i0lS�i11'111:�}�_s 1� F! 1 ii r �li 57t !I tII��Ilr 44' 41 i E 11 .t I I l X51 i1 I -},� 11I I I I _ �.F _—__.__.__,�8i0°_WIdYJ4 _ _ _— _— - o f ; ` f•` i. 1 li r ; .Iixl # %I,L r ATTACHMENT I Public Comments/Letters Z Board of Directors Kim DeBenedetto \ielissa Figge Lisa Harding Linda Jennings �i Brian Sjoberg i=_C Tustin Preservation Conservancy Up SmithChuck Thrash 350 South B Street -_ - Old Town Tustin,California 92780 September 19,2016 Dear Tustin Planning Commissioners: This past week on August 315',the Tustin Preservation Conservancy held a community meeting for residents of old town Tustin concerning the proposed development of new townhomes at 611'and B Streets.We invited the residents of old town in addition to the developers, Intracorp.The purpose of the meeting.was to allow Intracorp to describe the features and guidelines of their design,in addition to allowing residents to ask questions and voice.concerns about the proposal.The Intracorp representatives were Peter Lauener,President of Intracorp, and the Project Manager,Jennifer Chirco-Coker.Approximately 60 residents attended the meeting in addition to the conservancy's board members. The following is a summary of concerns voiced by-those-in attendance: • With present drought conditions,how will the City of Tustin's water resources support the additional 140 dwelling units? •. What will be-the length of time from start to finish of the construction? • What old town streets will be impacted by the flow of necessary construction vehicles and workers? • Can the city prevent the unique vintage design features of the townhomes from being dropped if construction.costs exceed budget? • Will the local schools be able to absorb the increased student attendance from these townhomes? • How many additional parking spaces will be in place in addition to the two car garage units? • Will the plants and trees selected for landscaping be drought tolerant? Has there.been a specific.landscape plan developed? • Will the city allow for nose-in or perpendicular parking on B Street to add additional parking spaces? • Will the CC;&R's enforce the use of garages for parking rather than storage? • Will the CC&R's permit resident only usage rather than allowing units to become rentals? • Who will enforce the CC&R's? .. • What kind of square footage will these units have? • Is this development considered high-density dwelling units?t • Will this development be considered"affordable housing''?What will their price-point be? • Were there any.Variances requested for this development? • How was the traffic study performed showing the impact of the development on adjacent streets? There was some skepticism that, traffic would be reduced as the study indicates. The following concerns were voiced by numerous people on several occasions: • How will the development company and/or city deal with old town Tustin's parking problems with 140 additional units proposed(ie. Overflow parking when each unif will most likely have more than two cars per family?Visitor parking?Parking violations?Many cited a need for permitted parking or no overnight parking.) • Most residents were.unaware and expressed surprise that the city's long term plan for old town was a"high density 24 hour"district. The audience was made aware of Intracorp's upcoming meeting with Tustin's Planning Commission on Tuesday,September 2Th,2016 at 7:00 pm in the Council Chambers at City Hall. The Tustin Preservation Conservancy Board of Directors urges each member of the.Planning Commission to consider concerns listed above as decisions are made for the proposed development.Please feel free to contact.the conservancy at PreserveTustin@yahoo.com.We thank you ahead of time for your consideration of this letter. Sincerely, Kim DeBenedetto President,:Tusdn Preservation Conservancy Cell-(714) 878-6892 RESPONSES TO TUSTIN PRESERVATION CONSERVANCY LETTER DATED 9/19/16 With present drought conditions, how will the City of Tustin's water resources support the additional 140 dwelling units? A Mitigated Negative Declaration (MND) was prepared and circulated for a 30-day public review period between July 27, 2016 and August 26, 2016.As discussed in the MND, the project site is within the service area of the City of Tustin Public Works Department,Water Services Division.The Water Services Division prepared an Urban Water Management Plan (UWMP),which provides information on the present and future water resources and demands and assesses water resource needs for the utility.The UWMP determined that the City is capable of meeting the water demands of its customers in normal, single dry, and multiple dry years between 2015 and 2035,taking into account the projected increase in demand.The project provides new residential units that are within the total increase in demand anticipated by the UWMP, and the demolition of the existing commercial buildings would partially offset the increase in demand. In addition, the City of Tustin Public Works Department concluded in a will serve letter dated December 1, 2015 that they are capable of meeting the water demands of the project, What will be the length of time from start to finish of the construction? Approximately 25 months. What old town streets will be impacted by the flow of necessary construction vehicles and workers? Construction vehicles and workers would use the same streets and routes currently utilized workers, deliveries and customers of the existing light industrial use on the project site. Can the city prevent the unique vintage design features of the townhomes from being dropped if construction costs exceed budget? Condition of Approval 1.1 requires the project to substantially conform with the approved plans,while Condition 8.7 ensures project materials comply with those identified in the approved plans and are subject to field verification.Condition Director of Community Development may also approve subsequent minor modifications to plans or material during plan check if such modifications are consistent with provisions of the Tustin City Code. Will the local schools be able to absorb the increased student attendance from these townhomes? Section 14, Public Services, of the MND determined that the 41 new students would be generated by the proposed project.The project would be required to pay school impact fees in accordance with Senate Bill 50(SB 50)and will mitigate the impacts associated with its activities. In response to a service letter request,the Tustin Unified School District confirmed that there is sufficient enrollment capacity at Estock Elementary School,Columbus Tustin Middle School,and Tustin High School. How many additional parking spaces will be in place in addition to the two car garage units? The project.provides a total of 349 parking spaces. Of those, 280 are covered and 69 are guest parking spaces.The project is only required to provide 35 guest parking spaces, but 69 are provided. Will the plants and trees selected for landscaping be drought tolerant? Has there been a specific landscape plan developed? A conceptual landscaping plan was circulated for public review as MND Figure 8,Landscape,Plan, depicts.The drought tolerant landscaping would include various trees and ground'cover to provide erosion control, as well as various screening shrubs. As a condition of approval,the landscaping plan must be consistent with the City's Water Efficient Landscape Ordinance. Will the city allow for-nose-in or perpendicular parking on B Street to add additional parking spaces? The City's traffic engineer has determined that B Street is too narrow to allow angled parking. Will the CC&R's enforce the use of garages for parking rather than storage? Yes.Condition of Approval 6.5 (k) requires residents to park in garages. In addition,the CC&Rs shall include provisions requiring the HOA to develop and adopt an enforcement program for parking regulations within the development. 5 Will the CC&R's permit resident only usage rather than allowing units to become rentals? No. Who will enforce the CC&R's? The-HOA is responsible.for enforcement of the CC&Rs. However, pursuant to Condition of Approval 6.5, 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. What kind of square footage will these units have? Melrose Place homes range in size from 1,700 to 2,300 square feet; the Veranda Court homes range in size from 1,400 to 1,700 square feet. Is this development considered high-density dwelling units? Yes, it falls within the density of HD 15-25 and our project is 20.6 DU per acre. Will this development be considered "affordable housing"?What will their price-point be? The development does not include affordable housing units, but will pay$1,979,632 in affordable housing in-lieu fees.The price-points for the Vintage Lofts project have not been determined yet accruing to the project applicant. Were there any Variances requested for this development? No variances are requested. How was the traffic study performed showing the impact of the development on adjacent streets? There was some skepticism that traffic would be reduced as the study indicates. The Traffic Impact Analysis (TIA)was prepared by a licensed traffic engineer, utilizing City of Tustin intersection evaluation methodology and significance criteria.THE TIA is consistent with City of Tustin traffic study guidelines and the Caltrans Guide for the Preparation of Traffic Impact Studies.The TIA was independently reviewed and approved by the City's traffic engineer. As discussed in the MND and the project TIA(Transpo Group, Inc., 2016), no project impacts are forecast under the Existing With-Project conditions and in the Buildout Year 2035 With-Project scenario.Therefore, no mitigation would be required.All intersections would operate at acceptable Level of Service (LOS) B or better in the "with- project"traffic condition. Project-generated traffic would not contribute to a significant cumulative traffic impact in either the AM or PM peak hours. In fact, the majority of intersections would operate at LOS A. Licensed traffic engineer. Dove, Elaine From: Mark Wilcken <mark@kineticcanvas.com> Sent: Thursday, September 01, 2016 5:23 PM To: Dove, Elaine Cc: Peter Lauener Subject: Vintage Development Follow Up Flag: Follow up Flag Status: Completed Elaine, I had the opportunity to attend a meeting last night about the proposed development in what is now the industrial park in Old Town and ani disappointed at ho� generic and uninteresting this development is. Below are some thoughts I'd like to share regarding this development. 1) The focus on condominiuills seems to flv in the face of current thinking that mixed usc. The property should include homes, apartments, town homes, storefronts and offices (or at least three of these). I'm including a link to a development in Conway, Arkansas called The Villa`,c at Hendrix that illustrates how this can he done. https://www.hendrix.edu/village/ httpsJ/www.youtube.com/watch?v=Dkkwl7CI8uO (Might want to turn down your audio - it's kind of loud) haps://www.youtube.cotiVwatch?v=GYi2b-u8Md4 And here's a link to a Google Map where you can tour the development from Street View https://www.gooogle.com/maps/place/Hendrix+Colle�ze/@ 35.104203,- 92.4393742,3a,75y,302.1 1h,88.66t/data=!3m7!le 15m5!1 sMLCliXuDauZE9XJjOQW4vA!2eO!6s%2F%2Fgeo 2.egpht.com%2Fcbk%3Fpanoid%3DMLCIiXuDauZE9XJjOQW4vA%26output%3Dthumbnail%26cb client%3 Dmas sv.tactile.gps%r26thumb%a3D2%26wc/c3D203%26h%3D100r/a26yaw%3D321.75815%26pitch%3D0!7i 13312!8i6656!4m5!3m4'.IsOx87d28220531 ae 13b:Oxa7b3210541 eaa4cc!8m2!3d35.1000469!4d- 92.4420118!6ml!lel Another point in the development with the condos and apartments https://www.�,00gle.com/maps/place/Hendrix+College/@ 35.1029271,- 92.4391232,3a,75y.21.57h.99.8tldata=!3m7!lel!3m5!1 sJKUkT3VPJgE5GEUR4Yr8nA!2eO!6s,I�2F%r-2Fgeo2.g gpht.com%2Fcbk%r3Fpanoi(1%3DJKUkT3VPJciE5GEUR4Yr8nA%26outlut%3Dthumbnail%r26cb client%3D maps sv.tactile.gps%26thu1nb%3D2%26wr/3D203�/�26h%3D100%26yaw%3D90.781631%26pitch%3DO!7i1 331.2!8i6656!4m5!3m4!IsOx$7d28220531ae 13b:Oxa7b3210541caa4cc!8m2!3d35.1000469!4d- 92.4420118!6m I !1 e 1 2) I'm also concerned that Tustin continues to tear down it's existing history in order to build a fantasy history. I'ni curious why an adoptive re-use of the. existing buildin��; �v asn't consideretI. 1 1i%ed in Portland, Oregon durin2' the development (401C Pearl DP tt-ict in which a nUmher of previowuly industrial buildings were re- laLn-pc»cd into lig in4T sl7accs - and it was insanely popular! .Malting the existin<, 11u11ding would be much more t original while at the same time preserve a piece of Tustin', hi,,tor4 (those blue roofs are iconic). It would also be more attractive to those people who Nvant to live in intere�tin�-, spaces rather than generic condos. 3) The facades of the condos look like facades. It look, hke one generic building decorated six different ways. 4) The "park" is a joke. If this is a gesture to give back to the community, it is just that; a gesture. That "park" is useless. 5) The clubhouse should not be visible from 6th street. All it does is scream that this is a condo complex that is unrelated to the rest of Old Town. 6) I heard nothing last night about any sort of LEED certification for this deti clopment. Considering we live in a constant drouuht I would expect any new developments in Tustin to include N' iter reclamation plans at the very least. Overall I'm disappointed in the direction of this dcvclopnient. The emphasis on high density housing undermines the exi,tin`� community. Sonrething like thi, "ork in Tustin Ranch or The District, but not in Old Torr.!n. The fact the city wouldapprovesuch a development highlights a lack of understanding about what build, strong communities. It would be great for this property to be developed into something new, but not with this current plan. I would encourage the developer and the citN planners take another look at Savannah, GA and Portland, OR. Both places have dense populations and illustrate how this can be done well. Savannah https://www.google.com/maps/@ 32.0715108.- 81.0940583,3a,75y,84.71 h,94.35t/data=!3m6!1 e 1 !3nW]svJziSda- cJPgtsWjF201H2!2e0!7i 13312!8i6656!6m I !Ie 1 Portland https.//www.google.con niaps/@45.5277883,- 122.6910845 3a 75 320.22h 90.67t/data=!3rn6!I e I !3m4!1 saN5hfCRUwl2dHZ4EdR I Ew !2e0!7i 13312!8i66 56!6mI !IeI I'm also disappointed that thee community wasn't more involved with the planning of this project. I heard of only one other meeting, and that was last month duly). It was my understanding that the meeting last night would be to present rendering, and concepts for the development. not a finished product. According to Peter they plan to break <�round for this in January. If there W 1, 01-1treach vvith.in Old Town to c!i,cuss the development. it failed completely. I didn't even hear a rumor of the proposed development until Nlay or June at the earliest. I certainly didn't see any fliers,or notices in the neighborhood -Inviting, public input. My final thought is this. I Crew up in Tustin but have been away for about 20 gears. Part of that time I lived in r\rkansas where I saw more interesting developments than What are propo,ing for Old Town or anything I've seen in The District. That's right. Arkansas, a state everyone riiak—CS tun (41'01- hci IZ07 hArk%�,lyd, i, creatul" more interesting, thou�'htful and pro«re„i�c developments than what's going on here in Tustin. All the best, Mark Wilcken 515 South B Street, Apt. B 501-336-0523 z P.S. I saw in the master plan for the downtown commercial core that the ONE building that could possibly serve as a grocery store (the old Marshall's/Bally's) is on the chopping block for some sort of gathering space. If you want to build a strong downtown community, make sure there is a grocery store we can walk to. 3 Response to Comments from Mr. Marl Wilcken 1. Comment: The focus on condominiums seems to fly in the face of current thinking that emphasizes mixed use. The property should include homes, apartments, town homes, storefronts and offices (or at least three of these). I'm including a link to a development in Conway, Arkansas called The Village at Hendrix that illustrates how this can be done. Response: The proposed project has two types of product types (Melrose Place and Veranda Court). Melrose Place product type comes with four architectural styles and each architectural style has two color scheme and materials. Veranda Court product type has two architectural styles and each style come with 2 or 3 color schemes and materials. The project also takes into account of the historic homes across 61h Street and the project has been designed to respect the historic nature of the homes and the overall streetview. 2. Comment: I'm also concerned that Tustin continues to tear down it's existing history in order to build a fantasy history. I'm curious why an adaptive re-use of the existing buildings wasn't considered. I lived in Portland, Oregon during the development of the Pearl District in which a number of previously industrial buildings were re-purposed into living spaces - and it was insanely popular! Adapting the existing buildings would be 'much more original while at the same time preserve a piece of Tustin's history (those blue roofs are iconic). It would also be more attractive to those people who want to live in interesting spaces rather than generic condos. Response: The existing industrial buildings are not listed in the City's historic resources. The existing site layout and building configuration are not conducive to adaptive reuse. 3. Comment: The facades of the condos look like facades. It looks like one generic building decorated six different ways. Response: As discussed in the response to Comment 1, various architectural style and color scheme and materials will be utilized along 6`h Street and B Street to avoid a uniform street view. 4. Comment: The "park" is a joke. If this is a gesture to give back to the community, it is just that; a gesture. That "park" is useless. Response: The proposed private park available for public use is approximately 3,700 square feet in size. This park is not required and is intended-for urban in-fill passive use. 5. Comment: The clubhouse should not be visible from 6th street. All it does is scream that this is a condo complex that is unrelated to the rest of Old Town. Response: The Clubhouse is located along the project frontage adjacent to the park as a focal point of the proposed development. The placement of the CIubhouse would break the street view with open space and one story structure. Wilcken Page 2 6. Comment: I heard nothing last night about any sort of LEED certification for this development. Considering we live in a constant drought I would expect any new developments in Tustin to include water reclamation plans at the very least. Response: Although the proposed project is not LEED certified; compliance with the California Building Code and the Tustin City Code would make the project meet high energy efficiency standards which is similar to LEED certification. ATTACHMENT J Resolution No. 4325 — MND J RESOLUTION NO. 4325 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR A ONE-HUNDRED FORTY (140) RESIDENTIAL CONDOMINIUM DEVELOPED ON AN APPROXIMATE 6.81- ACRE SITE LOCATED AT 420 WEST 6T" STREET AND 320-694 S. B STREET. The Planning Commission of the City of Tustin.does hereby resolve as follows: I. The Planning Commission.finds and determines as follows: A. That a proper application has been.submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC for a General Plan Amendment (GPA) 2016-01, Zone Change .(ZC) 2016-001, Tentative Tract Map (TTM) 17993 for Condominium Purposes, Design Review (DR) 2016-004 and.Development Agreement (DA) 2016-002 for the development of one hundred forty (140) residential condominium units with common and private open space including a recreation center, swimming pool and paseos, and a privately owned and maintained public park, on an approximate 6.81 acre site located at 420 W. Sixth Street and 320-694 S. B Street; B. That the Development Application requests the following approvals: • GPA 2016-01 to change the General Plan Land Use Designation from Industrial to Planned Community Residential. • ZC 2016-001 to change the Zoning designation from Planned Industrial (PM) to Planned Community (P-C) District. • TTM 17993 to subdivide an approximate 6.81 acre parcel located at 420 W. Sixth Street and 320-694 S. B Street into two (2) numbered lots and one (1) lettered lot for condominium purposes to accommodate construction of one-hundred forty (140) attached residential condominium units within twenty seven (27) residential buildings, a recreation center and swimming pool to serve residents, and a privately owned and maintained 3,786 square foot park for the use and enjoyment of the public for public benefit. • DR 2016-004 for the site, architectural and landscape plans. • DA 2016-002 to facilitate the development of a 6.8 acre site and to provide for public benefits. Exhibit A Resolution No. 4325 Page 2 C. That City prepared an Initial Study to evaluate the potential environmental impacts associated with the project that concluded, with mitigation measures, potential significant, impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared; D. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study were made available for a thirty (30) day public review and comment period from July 27, 2016, to August 26, 2016, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; E. That public comments were received and a Final MND with responses to submitted comments was prepared and is attached hereto as Exhibit A; F. That whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a Mitigation Monitoring and Report Program (MMRP) to ensure compliance with the mitigation measures during project implementation; G. That the City is the Iead agency on the project and the City-Council is the decision-making body for the proposed project; H. That a public hearing was duly called, noticed, and held for GPA 2016-01, ZC 2016-001, TTM 17993, DR 2016-004 on September 27, 2016, by the Planning Commission;.and I. That the Planning Commission has considered the Initial Study/MND and the MMRP attached hereto as Exhibit B and comments received during the public review process. Il. That the Planning Commission recommends that the City Council find the Initial Study/MND, attached hereto as Exhibit "A", adequate for GPA 2016-01, ZC 2016-001, TTM 17993, DA 2016-002, and DR 2016-004 and adopt the MND for development of one hundred forty (140) residential condominium units with common and private open space including a recreation center, swimming pool and paseos, and a privately owned and maintained public park, on an approximate 6.81 acre site. III. That the facts and reasons for said recommendation of adoption of the Initial StudylMND and MMRP are hereby found and declared to be as follows: The Planning Commission, .as a result of its consideration and evidence presented at,the hearing on.this matter, determined that, as required pursuant to CEQA and the State CEQA Guidelines, the MND and MMRP adequately address the expected environmental impacts of the project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Exhibit A Resolution No. 4325 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of September, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A: Initial Study/Mitigated Negative Declaration Exhibit B: Mitigation Monitoring and Reporting Program Exhibit C: Responses to MND Comments STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF TUSTIN } I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4325 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27thth day of September, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary City of Tustin California Environmental Quality Act (CEQA) Initial Study (IS) / Mitigated Negative Declaration (MND) Vintage Lofts Residential Project Lead Agency: City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Project Applicant: Intracorp SoCal-1, LLC 4041 MacArthur Boulevard, Suite 250 Newport Beach, CA 92660 Table of Contents Tableof Contents ..............................................................................................................................................................i 1.0 Introduction.................................................................................................................................................................1 2.0 Project Setting ............................................................................................................................................................5 3.0 Project Description....................................................................................................................................................17 4.0 Environmental Checklist and Analysis .....................................................................................................................43 5.0 Mitigation Monitoring And Reporting Program .......................................................................................................138 Appendices...................................................................................................................................................................155 APPENDICES Appendix A: Planned Community District Regulations Appendix B. Air Quality and Greenhouse Gas Impact Analyses Appendix C: Cultural Constraints Technical Memorandum Appendix D: Geotechnical Investigation Report Appendix E1: Preliminary WQMP Appendix E2: Preliminary Hydrology Study Appendix F: Phase I Environmental Site Assessment Appendix G: Phase II Environmental Site Assessment Appendix H: Noise Appendix I: Traffic Impact Analysis City of Tustin-Initial Study/Mitigated Negative Declaration Page i Vintage Lofts Residential Project July 2016 ACRONYMS &ABBREVIATIONS AB 52 California Assembly Bill 52 ACM asbestos-containing material ALUC Airport Land Use Commission AQIA Air Quality Impact Analyses AQMP Air Quality Management Plan BACM best available control measure BFE base flood elevation BMP best management practice CaIEEMod California Emissions Estimator Model CBC California Building Code CDFW California Department of Fish and Wildlife CC&Rs Covenants, Conditions, and Restrictions CEQA California Environmental Quality Act CNEL community noise equivalent level CO carbon monoxide CO2 carbon dioxide CUP Conditional Use Permit ESA Environmental Site Assessment dB decibel dBA A-weighted decibels GHG greenhouse gas gal/day gallons per day HCM Highway Capacity Manual HCA Orange County Health Care Agency HCP Habitat Conservation Plan HVAC heating, ventilating, and air conditioning ICU intersection capacity utilization LBP lead-based paint LID low impact development LOS level of service LSTs localized significance thresholds MBTA Migratory Bird Treaty Act of 1918 MMRP Mitigation Monitoring and Reporting Program MTCO2e metric tons of carbon dioxide equivalent NAHC Native American Heritage Commission NCCP Natural Community Conservation Plan NOX nitrogen oxide NPDES National Pollutant Discharge Elimination System 03 ozone OCFA Orange County Fire Authority OCPL Orange County Public Library OCSD Orange County Sanitation District PDF project design feature PM2.5 particulate matter less than 2.5 micrometers in aerodynamic diameter PM10 particulate matter less than 10 micrometers in aerodynamic diameter PPP Plans, Programs, and Policies PRC Public Resources Code PRIMP Paleontological Records Assessment PWS public water supplier City of Tustin-Initial Study/Mitigated Negative Declaration Page ii Vintage Lofts Residential Project July 2016 REC recognized environmental conditions ROG reactive organic gas RTP Regional Transportation Plan RWQCB Regional Water Quality Control Board SB 18 California Senate Bill 18, Ch. 905 (2004) SCAB South Coast Air Basin SCAQMD South Coast Air Quality Management District SO2 sulfur dioxide SWPPP Stormwater Pollution Prevention Plan TCC Tustin City Code TTCP traditional tribal cultural places TUA traditional use area TUSD Tustin Unified School District USFWS United States Fish and Wildlife Service UWMP Urban Water Management Plan VdB velocity levels expressed in decibel notation City of Tustin-Initial Study/Mitigated Negative Declaration Page iii Vintage Lofts Residential Project July 2016 1.0 INTRODUCTION 1.0 Introduction This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 2 Vintage Lofts Residential Project July 2016 1.0 Introduction 1.1 PURPOSE OF THE INITIAL STUDY This Initial Study has been prepared in accordance with the following: • California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Sections 21000 et seq.); • California Code of Regulations, Title 14, Division 6, Chapter 3 (State CEQA Guidelines, Sections 15000 et seq.); and Pursuant to CEQA, this Initial Study has been prepared to analyze the potential for significant impacts on the environment resulting from implementation of the proposed residential development. As required by State CEQA Guidelines Section 15063, this Initial Study is a preliminary analysis prepared by the Lead Agency, the City of Tustin, in consultation with other jurisdictional agencies, to determine if a Mitigated Negative Declaration or an Environmental Impact Report is required for the project. This Initial Study informs City decision-makers, affected agencies, and the public of potentially significant environmental impacts associated with the implementation of the project. A"significant effect" or"significant impact" on the environment means "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project" (Guidelines §15382). Given the project's broad scope and level of detail, combined with previous analyses and current information about the site and environs, the City's intent is to adhere to the following CEQA principles: • Provide meaningful early evaluation of site planning constraints, service and infrastructure requirements, and other local and regional environmental considerations. (Pub. Res. Code §21003.1) • Encourage the applicant to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time. (State CEQA Guidelines §5004[b][3]) • Specify mitigation measures for reasonably foreseeable significant environmental effects, and commit the City and applicant to future measures containing performance standards to ensure their adequacy when detailed development plans and applications are submitted. (State CEQA Guidelines §15126.4) Project Design Features (PDFs) and Standard Conditions/Existing Plans, Programs, or Policies (PPPs) Throughout the impact analysis in this Initial Study, reference is made to 1) applicant-initiated Project Design Features (PDFs), and 2) existing Standard Conditions applied to all development on the basis of federal, state, or local law, and Existing Plans, Programs, or Policies currently in place which effectively reduce environmental impacts. Standard Conditions and Existing Plans, Programs, or Policies are collectively identified in this document as PPPs. Where applicable, PDFs and PPPs are listed to show their effect in reducing potential environmental impacts. Where the application of these measures does not reduce an impact to below a level of significance, a project-specific mitigation measure is introduced. The City would include these PDFs and PPPs along with mitigation measures in the Mitigation Monitoring and Reporting Program (MMRP) for the project to ensure their implementation. City of Tustin-Initial Study/Mitigated Negative Declaration Page 3 Vintage Lofts Residential Project July 2016 1.0 Introduction 1.2 DOCUMENT ORGANIZATION This IS/MND includes the flowing sections: Section 1.0 Introduction Provides information about CEQA and its requirements for environmental review and explains that an Initial Study/MND was prepared by the City of Tustin to evaluate the proposed project's potential to impact the physical environment. Section 2.0 Setting Provides information about the proposed project's location. Section 3.0 Project Description Includes a description of the proposed project's physical features and construction and operational characteristics. Section 4.0 Environmental Checklist Includes the Environmental Checklist and evaluates the proposed project's potential to result in significant adverse effects to the physical environment. Section 5.0 Mitigation Monitoring and Reporting Program Provides a table of the project's mitigation measures and the applicable PDFs and PPPs. City of Tustin-Initial Study/Mitigated Negative Declaration Page 4 Vintage Lofts Residential Project July 2016 2.0 PROJECT SETTING 2.0 Project Setting This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 6 Vintage Lofts Residential Project July 2016 2.0 Project Setting 2.1 PROJECT LOCATION Regional The City of Tustin is located in central Orange County and encompasses an area of 11.08 square miles. The City is bounded on the south by the cities of Irvine and Santa Ana, on the north by the unincorporated portions of the County of Orange and the City of Orange, and on the east by unincorporated County territory and the City of Irvine. Within the context of the larger Southern California region, Tustin is located approximately two miles north of Orange County's John Wayne Airport and is transected by two major regional freeways: 1-5 (Santa Ana) Freeway, divides the City into north and south; and the SR-55 (Costa Mesa) Freeway, divides westerly portions of the City. See Figure 1, Regional Location Map. Local The proposed project site is located at southwest corner of W. 6th Street and S. B Street (420 — 436 W. 6th Street and 330 — 694 S. B Street) in Tustin, California. The site is near in the interchange of SR-55 and 1-5; SR-55 is approximately 0.35 miles west of the project site and 1-5 is immediately to the south and adjacent to the site's southern property line. The property consists of one irregularly shaped parcel with an industrial park comprised of buildings with numerous tenants. See Figure 2, Local Vicinity Map. 2.2 EXISTING CONDITIONS Existing Land Uses The project site is located just west of the Old Town Commercial area in Tustin, which is characterized by retail, professional offices, and service-oriented businesses serving Old Town Tustin. To the north of the project area is a single-family residential neighborhood, which encompasses several historic homes. These homes are located within the boundaries of Tustin's Cultural Resources District, which was created to ensure the maintenance, preservation, and enhancement of Tustin's Old Town area and existing single family zoning within the area. Existing vehicular access to the site is provided along 6th Street to the north and B Street to the west. The site is currently developed with 11 buildings totaling 183,430-square-feet arranged in an "industrial park" setting with interior common streets, shared access, parking and signage, and common landscaping features. The industrial park was built in 1961. The buildings are divided into more than 30 suites with various existing uses, including, but not limited to manufacturing, office, retail commercial and other commercial services. Tenants include Keithco Manufacturing, Permlight Products, Synthetic Grass Store of California, three cabinet makers, pool pump manufacturing, a dance studio, Harris History Services, AT&T cellular tower, printing studio, Sandbox Marketing, and electronic vape cigarettes sales and distribution. Several suites are vacant. The site is also developed with a cellular telecommunications tower. See Figure 3, Existing Site Plan. Existing General Plan and Zoning Under the Tustin General Plan, the project site is designated as an Industrial land use, which permits industrial and office uses, such as wholesale businesses, light manufacturing, storage, distribution and sales, research and development laboratories, and service commercial businesses with a maximum floor area ratio (FAR) of 0.5. In the City of Tustin's Zoning Ordinance, the project area is designated as a "Planned Industrial" zone, which allows for various light industrial and manufacturing uses. The PM zone implements City of Tustin-Initial Study/Mitigated Negative Declaration Page 7 Vintage Lofts Residential Project July 2016 2.0 Project Setting the Industrial general plan land use designation. The project site is located within the boundaries of the upcoming Downtown Commercial Core Plan, currently being prepared by the City of Tustin. The vision for the Downtown Commercial Core Plan is to promote Downtown Tustin as the historic, economic and cultural heart of the City. The plan is intended to coordinate development in the area through the application of streetscape and architecture design guidelines and alternative zoning standards that are reflective of the area. Surrounding Land Uses The property is surrounded by commercial and light industrial uses to the east, single-family homes to the north across W. 6th Street, a 2-story self-storage building to the west and 1-5 to the south. Multifamily residential and mobile home uses are located across 1-5, to the south. The adjacent property to the west is developed with a 2-story self-storage building, which is situated approximately 3 feet from the property line. See Figure 4, Surrounding Land Uses. Background The Tustin Freeway Commerce Center, as the complex is currently known, has been in existence since 1961, when the first four buildings were constructed. The four buildings, all located at the west end of the complex and parcel, are apparent on a 1963 aerial photograph. Prior to 1961, citrus or other fruit trees were cultivated on the property. By 1972, five more buildings were added to the complex, some of them being added on to the ends of the older structures. Between 1972 and 1974, the final two buildings were added to the complex. By 1980, a few narrow storage spaces with loading doors and docks were added in between existing buildings, forming additions of more recent age. The complex was refurbished in the early 1990s. The complex currently is embellished by large, pagoda-like, Asian roof elements over each suite main entryway, as well as at some building corners. It is not known if these elements were added in 1991 or later. It has been used for a variety of industrial operations, including printing lithography and manufacturing between the 1970s through the present. 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I � `SWII m8'1!E J r V Cl rn,end �E! 54 �u N >a � Gump F cndlcton L .! Marine VINTAGE RESIDENTIAL PROJECT FIGURE I City of Tustin Regional Location Map July 20,2016 2.0 Project Setting This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 10 Vintage Lofts Residential Project July 2016 l x yW Chapman Aye Orange 55�" E Chapman Ave EI Modena F Chapman Ave Pve V1 �. Ln m 441 lutlis �tt3range rn a` u W L a We to Ave ° g ce E La Vela Ave a MainPlan MaJ ( 4s1 m s W Santa Mara Ave i E Spr4a Clara Ave � a � � ✓.f J North TustinAll } 1 i, 17111 St 17111 Si i7lktSt c �1 x m f 27 fav 4 � 1 u � F 4th St J_t� Ityine B!vd Jr1�dr Wlscsi Santa Aria EFirGLSt Tustin FJ ,afinckld i.rr,:rOAF,r+rill Santa Ane ono•.•�`i.� �, E Main 56 W Bishop sl PROJECTS I E• eb- den Ave �.., E McFadden Aye ss ��i� [1 M1fI.�XrTkaF�fik �� fiorlr+Ja F F.dirbgNr Ave Ab, 51 a ~r -Z, Ewamer Aye + 4 r 1 $7"nc7aAye fiyP pie ��,.� 55 ✓ 4� �� ' 'IDyer ld EtDw4yerveRd S.Jlir+',tG:7 01, 7ftr: i J 1Ass Artpn 9dvJtE hi, Avv pt f1 ' rl 33 c ii6dF'1.r.K r r�rO Ile Wy k Ir N 1 mile VINTAGE RESIDENTIAL PROJECT FIGURE 2 City of Tustin Local Vicinity Map July 20,2016 2.0 Project Setting This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 12 Vintage Lofts Residential Project July 2016 436 6TH STREET I 430 6TH STREET Q a28 6TH (V 428-C 424 STREET 426 6TH (� 6TH STREET 6TH STREET STREET W W 428-B Q 6TH STREET 422 {n Q 424-B 6TH STREET = 420-B 428-A 6TH 6TH STREET 6TH STREET418 STREET 6TH STREET 420-A 420 6TH STREET 6TH STREET Ll I 1 I I THI I 694-D I B STREET I 630 330 646 B STREET B STREET 694-C B STREET B STREET 690 320 B STREET 9 STREET 624 B 624-A B 694 B 644 STREET STREET STREET B STREET 620-B 620-A 640-A 622B STREET B STREET B STREET B STREET B I A w B STREET VINTAGE RESIDENTIAL PROJECT FIGURE 3 City of Tustin Existing Site Plan July 20,2016 2.0 Project Setting This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 14 Vintage Lofts Residential Project July 2016 '. fin+ _ 1 � y, •�'+�� Tom.. t � "6 � ."r.'' e:,. m,• "d �' # �d .. .� �.-I "r ,e. , � .. '^ ���4 � F y jkw _,.. 46, C r k. _JR a+ . NAL� MULTI-FAMILY ' a SINGLE-FAMILY A ---k �. RESIDENTIAL RESIDENTIAL V1 a eet Ar IMERCIAL AkO MULTI-FAMILY s RESID NTIAL teS d a i k M Oki w into 2.0 Project Setting This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 16 Vintage Lofts Residential Project July 2016 3.0 PROJECT DESCRIPTION City of Tustin-Initial Study/Mitigated Negative Declaration Page 17 Vintage Residential Project July 2016 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 18 Vintage Lofts Residential Project July 2016 3.0 Project Description 3.0 PROJECT DESCRIPTION The project applicant is proposing to subdivide a 6.81-acre lot into two development parcels for condominium purposes to accommodate 140-residential units and ancillary uses, including, but not limited to onsite private drives, parking, sidewalks, recreation uses and community center, walls and landscaping. The discretionary actions required to allow for the development of 140 multi-family residential units are as follows: ■ General Plan Amendment— Change the site's land use designation from I (Industrial) to Planned Community Residential (PC Residential). ■ Zone Change — Change the site's zoning from Planned Industrial (PM) to Planned Community Residential (P-C) District. ■ Tentative Tract Map — Subdivision of existing 6.81-acre parcel into two development parcels for condominium purposes. ■ Design Review ■ Development Agreement - The Development Agreement authorizes the development of project with a 5-year term and two 1-year extensions and in return requires public benefits in the form of payment of park in-lieu, affordable housing and traffic fees over and above the City's standard development impact fees, city signage and public infrastructure improvements. Building Design. The project includes two townhouse product types (Melrose Place and Veranda Court) with several architectural styles, including Cottage, Craftsman, Farmhouse, and Spanish influences. The project proposes a range of unit sizes with three- and four-bedroom floor plans. The proposed project allows for the development of 140 townhome residential units. Figure 5, Site Plan, illustrates the proposed product configuration. The 140 multi-family for-sale residential units would be distributed among 27 buildings. The buildings would range between 2-stories and 3-stories, with a maximum building height of 42-feet. See Figure 6, Conceptual Architectural Styles. The project's Planned Community District Regulations are provided in Appendix A herein. Melrose Place Melrose Place homes range in size from 1,700 to 2,300 square feet, utilizing four different floorplans. A total of 92 Melrose Place units are proposed. Melrose Place units are located along 6th Street and B Street, generally in groups of 4 to 8 units per building, and would be 2-3 stories tall, with a maximum building height of 42 feet. All Melrose Place units would include two-car attached garages (side-by-side) accessed from private drives. See Figure 7a, Melrose 6-Plex Elevations. Veranda Court These homes range in size from 1,400 to 1,700 square feet, featuring three separate floorplans. Veranda homes are proposed in groups of four, and are generally located along the project's southern boundary parallel to 1-5. All Veranda Court units would be three stories, with a maximum building height of 42 feet. All Veranda Court units would include two-car attached garages (side- by-side) accessed from private drives. See Figure 7b, Veranda 4-Plex Elevations. Landscaping, Walls and Fencing. Figure 8, Landscape Plan, depicts the Conceptual Landscape Plan for the proposed project. The Conceptual Landscape Plan includes landscaping along W. 6th Street, along S. B Street, as well as along the southern boundary of the project site along 1-5. The drought tolerant landscaping would include various trees and ground cover to provide erosion control, as well as various screening shrubs. The Conceptual Landscape Plan also includes landscaping within the residential community that would be maintained by the homeowner's association (HOA). City of Tustin-Initial Study/Mitigated Negative Declaration Page 19 Vintage Lofts Residential Project July 2016 3.0 Project Description A 20-foot noise wall is proposed along the site's southern boundary with 1-5. The freeway is sloped such that the south end of the project site is 9.5 feet below the freeway's grade, and at the northern portion of the site, 4 feet below the freeway's grade. Thus, when viewed from the residential side, the noise wall would be 20 feet, but when viewed from 1-5, the noise wall would only appear to be 10.5 feet in height at the southeastern edge and 16-feet high at the northeastern edge. See Figure 9, Sound Walls. Perimeter fencing is not proposed along the W. 6th Street and S. B Street frontages. A freeway security fence would also be installed to provide protection between the freeway and the project and to provide access to the space between the freeway and the sound wall adjacent to 1-5. The allowable freeway security fence height would be up to 8 feet 6 inches. Access. The primary access to the site would be provided via three driveways along W. 6th Street and two driveways along S. B Street. In addition, two emergency vehicle access points are provided along W. 6th Street. Buildings 1 through 11 would be accessed from the three driveways on W. 6th Street, while buildings 12 through 27 would be accessed by two driveways on S. B Street. Parking for the proposed project would meet the off-street parking requirements of the City of Tustin. A total of 315 parking spaces are required, including 280 covered spaces and 35 guest parking spaces. The project provides 280 garage spaces and 69 guest parking spaces for a total of 349 parking spaces. Recreational Amenities. The proposed project also includes development of a publically accessible courtyard and private neighborhood recreation area and community building located near the entrance to the residential community along W. 6th Street. Landscaped pedestrian paseos extend between buildings. See Figure 10, Recreation Area. Courtyard Fronting on W. 6th Street, this open space would have an informal garden aesthetic to fit the existing streetscape character. Features include a seat wall area with an architectural feature, a lawn area, and a dog station. Recreation Area The private recreational area would be designed as a gathering space for residents and their guests and would consist of a community recreation building with clubhouse amenities such as a seating area, small kitchen, changing room, and restrooms. The recreation building would separate the courtyard and pool area with 800 square-foot pool and built in BBQ. Paseos Passive open spaces would be located between residential buildings, including: ■ Outdoor seating —chairs and coffee tables ■ Gathering space - fire table and with chairs ■ Ambient lighting - string lights overhead ■ Enhanced paving and potted plants See Figure 11, Paseos. City of Tustin-Initial Study/Mitigated Negative Declaration Page 20 Vintage Lofts Residential Project July 2016 www ww W cC a �� o00 00 QQ o �� o0 000 00 w 00 00 www ww �� ��m J ww cn z z z ww = QQQ 00 z O zN a a g z� _ z Q u oo as °z �i� Y>w❑ Yea❑ o �� �� uuu ❑ u O Quo V z6z a ac» aO�n> ❑ u cJzY�03 u ❑o�Q ❑ow0 z . N 'z a LL O a w 0 Q z a � (13�oo a >xo�z a Fn N m 0 � Vc - - 5 Eo 0 >o z 8� Cl S 1332115 9 1T 0 C 00 0D 0D V 0D 00 ;o N t D r° DD 0a 00 N � i e _ _..._..._ _.._... (•i ��i. azo ,�. I v V z D r n w i i i X - o :oo FEF _ /s a eye Ji _ o a 00 0 00 r o. e, 00V0v - � 0v0DD� o , � --� r / o� o- Pizt V o a -- -N� -"nn ° �� ryr _ oa oP a 00RvN 0Vv ���' m m =a . z } f}- vD0[ 'A u A N NN LL 0 a N c T az< o 0 5 51555550 55550 Z � U 3.0 Project Description This page intentionally left blank. 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City of Tustin-Initial Study/Mitigated Negative Declaration Page 24 Vintage Lofts Residential Project July 2016 ■` C■ W a� w�3��a,�amw�w.oze w�3��a,�aw�w�w.oze a od° LL o 1 �1 ��ee� F� LL °6 Z �e�3ooie oi.o �3 j a3 w a w' c �' ■ E rid r■� 1 GG■ on ■ � �y.. �.I I 1� � i l Its" I - On C41 RON Oman 6 V s 5 iI I I low �I l 1 P"W7 z I w GRI# 71 :■ I I I ..` ® 1! I 5 I I [ i1A4 1 1 �V r® 1 1 1 It ' I a V Lq HE [ Ilia ,�, � �� A� .I'•� V 1 as en x s son d w d F _ O s 0 O � U 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 26 Vintage Lofts Residential Project July 2016 n � � O I I I I l a m I w i CC r i low - Z I o Z 0 1�1 M w `✓ 1 J w F J _ w Y oft Y haru........osr i lz i I I I I s lz 0 I � � t, I� z i °' _,.. II o II z I o I I II I g V �' J Cr•,l z Q z W ° o A w a LTa z a a � � O 0 rqO U 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 28 Vintage Lofts Residential Project July 2016 flb nC7 vj AN. 41) 1332115 0 LL ud f oz 1--W--v- 7 o VvIlk (J 0 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 30 Vintage Lofts Residential Project July 2016 W � w � 3_ OO Oo _/ ill�iS 8 3 1? z r r 0 r NDD D o / � a, we CN r W' 00 0v ��,� � 3` ----------------- r yc .,A z 40 0 U VV D DD 3 - � a� - . f r-- i� 00 �A AA A � U AA ?� ru D c O 2) 1710 V Ory 00 Q� r fir a' u ------- a — N u � G 00Ar 0000 z E.0 oa z ��. 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 32 Vintage Lofts Residential Project July 2016 o Ill 2 a z W w owe z m [7 O Q [7 r F- W z h 2 a W N Q d o� _ z Z w in n 0 F co ❑ ¢ 0 w II] J d W = LL 3 V z u ¢ ¢ ¢ w z o u z � 33 © z a L7 z W o O LLI :3O O rLAq- V5, A -mow �❑ In Its y r .W I r i ab- IL4 N r f qr •, w +� o 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 34 Vintage Lofts Residential Project July 2016 w a� r-. { 0 z It6j, rON a 71 UJ y �} 1 � r V z Q z z z 0 r _r r ` U `o *0,0, Q wAl PA " H a � z w H o 0 � U 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 36 Vintage Lofts Residential Project July 2016 3.0 Project Description Construction Project construction is expected to span 25 months', divided into three phases: demolition, site preparation and grading, and construction. Construction vehicles would access the project site from W. 6th Street and S. B Street. Phase 1— Demolition: The demolition phase includes removal of the existing buildings and concrete/asphalt and would last 4 months. Phase 2— Site Preparation & Grading: The project's grading involves disturbance of 6.81 acres of soil. The maximum depth of proposed grading is approximately nine feet at the water and storm drain utility installations. As shown in Table 1, this phase would last approximately 2 months. Phase 3— Construction: The third phase includes utility installation, streets and sidewalks and construction of the residential building. Building constriction is anticipated to occur over 19 months. Construction would occur during daylight hours. Table 1 provides a list of the type and number of equipment and vehicles for each construction phase. All equipment and vehicles would comply with the City's noise requirements. Table 1. Construction Phasing & Equipment Phase Duration Equipment Concrete Saw 1 Demolition 4 months Excavators (3) Dozers (2) Loaders/Backhoes (2) Graders (1) Dozer(1) Excavators (1) 2 Grading 2 months Loaders/Backhoes (3) Excavator(1) Scarper(1) Water Truck Crane (1) Welders (1) Forklift (3) 3 Construction and Paving 19 Months Generator set Loaders/Backhoes (3) Pavers (2) Rollers (2) Total 25 Months The conceptual grading plan is shown in Figure 12, Grading Plan, and the tentative tract map is shown in Figure 13, Tentative Tract Map. ' For air quality modeling purposes, 13 months are assumed to conservatively overestimate potential air quality impacts. See Table 4-2, Modeled Construction Phasing & Equipment. City of Tustin-Initial Study/Mitigated Negative Declaration Page 37 Vintage Lofts Residential Project July 2016 3.0 Project Description Project Design Features (PDFs) The following PDFs are incorporated into the project by the applicant/developer project to avoid and minimize impacts. These features would be included in the project's mitigation monitoring and reporting program: PDF-1 Air Filtration Systems The applicant/developer shall install upgraded air filtration systems in all residential units. Air filtration devices shall be rated MERV13 or higher. Ventilation systems in residential units shall meet the following minimal design standards: ■ A MERV13 or higher rating; ■ At least one air exchange(s) per hour of fresh outside filtered air; ■ At least four air exchange(s) per hour recirculation; and ■ At least 0.25 air exchange(s) per hour in unfiltered infiltration. As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HVAC) air filtration system shall be required. Ensure that the CC&R's and other property documents (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks; (2) include assurance that new owners and tenants are provided information on the ventilation system; and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. PDF-2 Sound Wall The project shall provide a minimum 20-foot high sound wall along the project's interface with Interstate 5, adjacent to the southern property boundary. City of Tustin-Initial Study/Mitigated Negative Declaration Page 38 Vintage Lofts Residential Project July 2016 cq �g m P4 A4 �D tg siz is 99 T7 J/I Z. -71 7;,7-'.7 40 ,x �o�sx �s ,x a. ----------------- --- - ------- Lu FJ5 nn i EP ME T4 (D 0& ng tnn— H5- aai as, 3sob is — anti If ko 3 'n FEE 2E gE w� W4 P9 W4 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 40 Vintage Lofts Residential Project July 2016 �D ue= _® � ��I �� ��ar rvarr rry �, o HID 03— ary 2n IPT A. T —z— F---- ------ -1 L ��04, LU rr�ro� /< 0 co lol� 0 0 -------—-- < sz t wz 0 LOL a < LOL a TF- 0 S LL, z LL <1-- 0 - W (.) 0 C,) > cr 0 LU LL z z ui I�IIT --N RE 5 n A p iv TI u E E H P. 44 44 c4 W 3.0 Project Description This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 42 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis 4.0 ENVIRONMENTAL CHECKLIST AND ANALYSIS 4.0 Environmental Checklist and Analysis This page intentionally left blank. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below (X) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact"as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Population/Housing Emissions Agricultural Resources Hazards & Hazardous Public Services Materials Air Quality Hydrology/Water Recreation Quality Biological Resources Land Use/Planning Transportation/Traffic Cultural Resources Mineral Resources Utilities/Service Systems Geology/Soils Noise Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been X made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re uired. I find that the proposed project MAY have a "potential significant impact"or"potentially significant unless mitigated" impact 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. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. �.a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a..a.. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothin2 further is required. 1(0 Signature Date Printed Name For 4.0 Environmental Checklist and Analysis EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analysis," as described in (5) below, may be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(d). In this case, a brief discussion should identify the following: (a) Earlier Analysis Used. Identify and state where they are available for review. (b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. (c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. City of Tustin-Initial Study/Mitigated Negative Declaration Page 46 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significance. ENVIRONMENTAL CHECKLIST QUESTIONS Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ X scenic vista? b) Substantially damage scenic ❑ ❑ ❑ X resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing ❑ ❑ X ❑ visual character or quality of the site and its surroundings? d) Create a new source of substantial ❑ ❑ X ❑ light or glare which would adversely affect day or nighttime views in the area? Explanation of Checklist Responses Would the project: a) Have a substantial adverse effect on a scenic vista? Response: City of Tustin-Initial Study/Mitigated Negative Declaration Page 47 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis No Impact — Based on the County of Orange Master Plan of Scenic Highways and the City's General Plan, there are no designated scenic highways or vistas in the project area. The project site vicinity contains a mixture of industrial, commercial, and residential uses. The 1-5 right-of-way is located immediately along the site's southern boundary. The proposed project would replace the commercial/industrial buildings with 140 two- and three-story townhomes. The change in land use and associated building types would alter the visual appearance of the project site but would not result in an adverse effect on a scenic vista. Source: California Department of Transportation (Caltrans), California Scenic Highway Mapping System (September 7, 2011), http://www.dot.ca.gov/hq/LandArch/scenic_highways/; County of Orange Master Plan, Ch. IV Scenic Highway Plan (July 2014); City of Tustin General Plan, Conservation/Open Space/Recreation Element (November 20, 2012). Would the project: b) Substantially damage scenic resources, including, trees, rock outcroppings, and historic buildings within a state scenic highway? Response: No Impact — There are no designated state scenic highways in the vicinity of the project site. Furthermore, there are no State-designated or eligible scenic highways within the City of Tustin. Therefore, there would be no impact related to damaging scenic resources within a state scenic highway. Source: California Department of Transportation, Officially Designated Scenic Highways and Historic Parkways; California Department of Transportation (Caltrans), California Scenic Highway Mapping System (September 7, 2011), http://www.dot.ca.gov/hq/LandArch/scenic—highways/. Would the project: c) Substantially degrade the existing visual character or quality of the site and its surroundings? Response: Less than Significant Impact—The visual character of the site's surroundings is dominated by 1-5, residential, industrial, and commercial uses. One- and two-story single-family residential is located to the north across W. 6th Street, one- and two-story industrial and commercial buildings to the east, a two-story self-storage is the west, and 1-5 is immediately to the south. Multi-family residential uses and a mobile home park are located across 1-5. The project site is located just west of the Old Town Commercial area in Tustin, which is characterized by retail, professional offices, and service-oriented businesses serving Old Town Tustin. The single-family residential neighborhood to the north encompasses several historic homes. These homes, along with the project site, are located within the boundaries of Tustin's Cultural Resources District, which was created to ensure the maintenance, preservation, and enhancement of Tustin's Old Town area and existing single-family zoning within the area. The proposed residential project would remove the 11 existing 1970s one-and two-story buildings and parking lots. The complex currently is embellished by large, pagoda-like, Asian roof elements over each suite main entryway, as well as at some building corners. The buildings would be replaced with 140 two-, three-, and four-story residential units. City of Tustin-Initial Study/Mitigated Negative Declaration Page 48 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Massing of the project's buildings would be broken up along W. 6th Street with 26-foot wide alleys and 15-foot wide paseos. A street scene elevation is provided in Figure 14, Streetscape. Units fronting W. 6th Street would be a maximum of 2-stories in height, and would appear similar to the one and two-story single-family homes across W. 6th Street, as well as the adjacent 2-story self- storage to the west. The proposed project would be designed following the cottage, craftsman, farmhouse and Spanish design influences, in a manner consistent with the historic architecture used in the surrounding area. The project is designed to blend with the existing single family neighborhood, and as such, the project features only a limited number of fences and walls. The intent is for the community to feel open and welcoming, while still providing the necessary protection from 1-5 and security for its recreational facilities. The community courtyard, fronting on 6th Street, has an informal "garden" aesthetic to fit the existing streetscape character. The courtyard features a seat wall, landscape and lawn area, and dog station. The proposed residential project would not substantially degrade the visual quality and character of the site and its surroundings. Because of the infill nature of the proposed project and its compatibility with similar-scale buildings within this urban setting, visual impacts associated with the construction of the proposed residential project are considered less than significant. Source: None. Would the project: d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Response: Less than Significant Impact — Spill light occurs when lighting fixtures such as streetlights, parking lot lighting, exterior building lighting, and landscape lighting are not properly aimed or shielded to direct light to the desired location and light escapes and partially illuminates a surrounding location. Sensitive uses (e.g., residential uses) surrounding the project site could be impacted by the light from development within the boundaries of the project site. Construction activities would occur during daylight hours. Any construction-related illumination during evening and nighttime hours would consist of the minimum lighting required for safety and security purposes only and would occur only for the duration required for the temporary construction process. Due to its limited scope and short duration, light resulting from construction activities would not substantially impact sensitive uses, substantially alter the character of off-site areas surrounding the construction area, or interfere with the performance of an off-site activity. Therefore, construction of the proposed project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area, and light impacts associated with construction would be less than significant. No mitigation would be required. The project site is currently illuminated by nighttime security lighting, street lighting, and wall lighting. Surrounding lighting conditions are typical of similar urban environments particularly those with mixed land uses (e.g., commercial and residential) that have elevated light levels on non-residential sites and on high traffic roadways that require additional lighting. The proposed project would introduce residential nighttime lighting. Residential lighting would be similar to light sources associated with the existing commercial, industrial, and residential uses adjacent to the project area; however, more lighting fixtures are planned than what are onsite today. After project implementation, site lighting would consist of onsite private drive lighting with 16-foot and 13-foot tall poles, low-level (less-than 5-feet) bollard lighting, and wall lighting. Similar City of Tustin-Initial Study/Mitigated Negative Declaration Page 49 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis to the existing site lighting, the proposed project's lighting would be illuminated from sunset to sunrise (generally 6:00 p.m. to 6:00 a.m., depending on the time of year). All lighting fixtures are required to have light shielding pursuant to the City's municipal code, "Tustin City Code" (TCC) Section 9271 hh, which would prevent light spillage off of the property. Therefore, the proposed project would not result in a substantial increase in the amount of new nighttime light, and no mitigation is required. Glare is the result of improperly aimed or blocked lighting sources that are visible against a dark background such as the night sky. Glare may also refer to the sensation experienced looking into an excessively bright light source that causes a reduction in the ability to see or causes discomfort. Glare generally does not result in illumination of off-site locations but results in a visible source of light viewable from a distance. Glare could occur from building materials of the new structures, including glass, concrete, stucco, wood, and other materials. The existing buildings have larger plate glass windows as is typical of commercial and other buildings housing businesses. The proposed building materials and proposed uses are typical of those found in the surrounding residential areas and are not anticipated to create unusual or isolated glare effects as they do not have reflective surfaces. The proposed residential buildings have limited glass features facing existing residences. In addition, the use of extensive landscaping along project boundaries, and light shielding required by TCC Section 9271 hh would prevent direct views of light sources and reduce the potential for glare. The 20-foot noise wall adjacent to the site boundary with I-5 would screen passing motorists from light and glare impacts. The project would create limited new sources of light or glare from security and site lighting but would not adversely affect day or nighttime views in the area given the similarity of the existing lighting onsite and in the surrounding urban environment. Impacts would be less than significant and no mitigation is required. Source: TCC § 9271(hh). Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies Project Design Features (PDFs) No PDFs are applicable to aesthetics. Conditions of Development and Existing Plans, Programs, or Policies (PPPs) The following measures are standard conditions of development and existing plans, programs, or policies (collectively referred to as PPPs) that apply to the proposed project and would help to reduce and avoid potential impacts related to aesthetics, lighting, and glare. These actions would be included in the project's mitigation monitoring and reporting program: PPP-1: Construction Hours. Project construction hours will be limited to the hours of 7:00 a.m. and 6:00 p.m., Mondays through Friday, and the hours of 9:00 a.m. and 6:00 p.m. on Saturday and never on Sundays or city-observed federal holidays. PPP-2: Lighting. Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the TCC Section 8102, (N102) (2), which requires a minimum one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be City of Tustin-Initial Study/Mitigated Negative Declaration Page 50 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis overlaid onto a tree landscape plan. The photometric plan must also show no light spillage pursuant to TCC Section 9271 hh. Mitigation Measures No mitigation measures are necessary because no significant impacts to aesthetics have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 51 Vintage Lofts Residential Project July 2016 k } LU J LUa w Q LU J J w on Q H U W O �4 a J w O [d- 0 4.0 Environmental Checklist and Analysis This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 53 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact II. AGRICULTURE & FOREST RESOURCES Would the project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ X Farmland, or Farmland of Statewide Importance, 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 ❑ ❑ ❑ X agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or ❑ ❑ ❑ X cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or ❑ ❑ ❑ X conversion of forest land to non-forest use? e) Involve other changes in the existing ❑ ❑ ❑ X environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Explanation of Checklist Responses Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Response: No Impact — There are currently no farmland or agricultural activities in the project area. The project site is not used for agricultural production and is not designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on maps prepared pursuant to the Farmland City of Tustin-Initial Study/Mitigated Negative Declaration Page 54 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Mapping and Monitoring Program of the California Resources Agency. Therefore, project implementation would not result in the conversion of mapped farmlands to non-agricultural uses. Source: California Department of Conservation, California Important Farmland Finder (2014), http://maps.conservation.ca.gov/ciff/ciff.htm1; California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program (August 2011), Orange County Important Farmland 2010, ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2010/ora10.pdf. Would the project: b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Response: No Impact —The project site is currently zoned PM (Planned Industrial) and has a General Plan designation of I (Industrial). The site is not used for agricultural production, not zoned for agricultural use, and not protected by, or eligible for, a Williamson Act contract. Therefore, no impacts to agricultural use or a Williamson Act contract would occur, and no mitigation is required. Therefore, there are no impacts. Source: County of Orange General Plan, Ch. VI Resources Element, http://ocplanning.net/civicax/filebank/blobdload.aspx?BloblD=8633. Would the project: c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? Response: No Impact — The project site does not contain forest land and is not zoned for forest land or timberland. The site is developed with existing industrial/commercial buildings, surface parking lot and associated landscaping. There would be no impact related to a conflict with existing zoning for forest land, timberland, or timberland zoned Timberland Production, or with the loss of forest land. Would the project: e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Response: No Impact—The project site has not been actively used for agricultural purposes since the mid- 1960s. No land in the vicinity of the site has been designated for future agricultural uses. The proposed project would not result in changes in the existing environment which could result in conversion of farmland to non-agricultural use. There would be no impact from implementation of the proposed project. City of Tustin-Initial Study/Mitigated Negative Declaration Page 55 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to agriculture and forest resources. Mitigation Measures No mitigation measures are necessary because no significant impacts to agriculture or forest resources have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 56 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. AIR QUALITY Would the project: a) Conflict with or obstruct ❑ ❑ X ❑ implementation of the applicable quality plan? b) Violate any air quality standard or ❑ ❑ X ❑ contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable ❑ ❑ X ❑ net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? d) Expose sensitive receptors to ❑ ❑ X ❑ substantial pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ X ❑ substantial number of people? Explanation of Checklist Responses Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Response: Less than Significant Impact—The project site is located within the City of Tustin, which is part of the South Coast Air Basin (Basin). The Basin includes all of Orange County and portions of Los Angeles, Riverside, and San Bernardino Counties. Air quality within the Basin is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD and the Southern California Association of Governments (SCAG) adopted an Air Quality Management Plan (AQMP). The main purpose of an AQMP is to describe air pollution control strategies to be taken by a city, county, or region classified as a nonattainment area in order to bring the area into compliance with federal and State air quality standards. A nonattainment area is considered to have air quality worse than the National Ambient Air Quality Standards (National AAQS) as defined in the federal Clean Air Act. The Basin is in nonattainment for the federal and State standards for ozone (03), and particulate matter less than 2.5 microns in diameter (PM2.5). In addition, the Basin is in nonattainment for the State particulate matter less than 10 microns in diameter(PM 10) standard, and in attainment/maintenance for the federal PM10, carbon monoxide(CO), and nitrogen dioxide (NO2) standards. City of Tustin-Initial Study/Mitigated Negative Declaration Page 57 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Consistency with the 2012 AQMP for the Basin (2012 AQMP) means that a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the federal and State air quality standards. Per the SCAQMD CEQA Air Quality Handbook (April 1993), there are two main indicators of a project's consistency with the applicable AQMP: (1)whether the projectwould increase the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the 2012 AQMP; and (2) whether the project would exceed the 2012 AQMP's assumptions for 2030 or yearly increments based on the year of project build out and phasing. For the proposed project to be consistent with the AQMP adopted by the SCAQMD, the pollutants emitted from the project should not exceed the SCAQMD daily threshold or cause a significant impact on air quality, or the project must already have been included in the AQMP projections. Additionally, if feasible mitigation measures are implemented and shown to reduce the impact level from significant to less than significant, a project may be deemed consistent with the AQM P. As discussed in Responses 4.3.b, 4.3.c, 4.3.d, and 4.3.e, below, the proposed project's emissions would be below the emissions thresholds established in the SCAQMD's CEQA Air Quality Handbook. Therefore, the proposed project would not conflict with the AQMP and would not result in significant impacts related to implementation of the AQMP. No mitigation is required. Source: Giroux & Associates, Appendix B, Air Quality and Greenhouse Gas Impact Analysis (2016). SCAQMD, Final 2012 Air Quality Management Plan (February 2013). Would the project: b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Response: Less than Significant— Construction The proposed project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. Air quality impacts would include construction exhaust emissions generated from diesel- and gasoline-powered construction equipment, vegetation clearing, grading, construction worker commuting, and construction material deliveries. Fugitive dust emissions include particulate matter and are a potential concern because the project is in a non-attainment area for particulate matter (PM-10 and PM-2.5), as well as ozone. The AQIA calculated onsite grading and construction equipment emissions and construction crew commuting and truck delivery emissions using the California Emissions Estimator Model (CaIEEMod, version 2013.2.2). The EMFAC2011 program was used for estimating emissions from on-road vehicles during operations. The AQIA uses the following SCAQMD-adopted numerical emissions thresholds as indicators of potential impacts: City of Tustin-Initial Study/Mitigated Negative Declaration Page 58 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Table 4-1. Daily Emissions Thresholds ounds/da Pollutant Construction Operations Reactive Organic Gases (ROG) 75 55 Nitrogen Oxides (NOX) 100 55 Carbon Monoxide (CO) 550 550 Particulate Matter(PM-10) 150 150 Particulate Matter(PM-2.5) 55 55 Sulfur Oxides (SOX) 150 150 Lead 3 3 Source: SCAQMD CEQA Air Quality Handbook, November, 1993 Rev Following is a summary of the AQIA's construction equipment fleet assumptions and emissions calculations for both phases of construction activity. It should be noted that 270 working days were conservatively used for modeling purposes, however, construction is anticipated to take between 20 and 25 months. Table 4-2. Modeled Construction Phasing & Equipment Phase Duration Equipment Concrete Saw Excavators (3) 1 Demolition 20 days Dozers (2) Loaders/Backhoes (2) Graders (1) Dozer(1) Excavators (1) 2 Grading 20 days Loaders/Backhoes (3) Excavator(1) Scarper(1) Water Truck Crane (1) Welders (1) Forklift (3) 3 Construction and Paving 230 days Generator set Loaders/Backhoes (3) Pavers (2) Rollers (2) Total 270 days As shown in Table 4-3, the AQIA determined all criteria pollutants generated by the project would be well below their respective thresholds (see the AQIA for detailed emissions calculations). In compliance with SCAQMD Rule 403, because the region is in non-attainment for particulate matter emissions, the use of Best Available Control Measures (BACMs) is required even if a project does not exceed thresholds. BACMs for the project consist of enhanced dust control mitigation measures (see PPP-3). Examples of these measures include watering of exposed surfaces and haul roads 3 times per day and limiting speeds on unpaved roads to 15 miles per hour. With these measures, PM-10 and PM-2.5 emissions would be reduced by about 40 percent. City of Tustin-Initial Study/Mitigated Negative Declaration Page 59 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis As shown in Table 4-3, none of the criteria pollutants would exceed the SCAQMD thresholds (with or without the recommended mitigation). Table 4-3. Maximum Daily Construction Activity Emissions (pounds/day) Activity ROG NOX CO SO2 PM-10 PM-2.5 Phases 1 -3 2017 Unmitigated 5.6 64.1 45.9 0.1 11.8 6.3 w/Fugitive Dust Mitigation* 5.6 64.1 45.9 0.1 6.6 4.2 2018 Unmitigated 58.2 24.8 23.9 0.0 2.8 1.8 w/Fugitive Dust Mitigation* 58.2 24.8 23.9 0.0 2.8 1.8 SCAQMD Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No Source: Appendix B, Giroux&Associates (2016). *enhanced fugitive dust control measures are incorporated into PPP-3. Operation The project would generate less than significant air emissions during operations. Table 4-4, below, depicts annual operational activity emissions. The table shows that operational emissions are negligible. All criteria pollutants would be less than their respective SCAQMD thresholds and are less than significant. No mitigation is necessary for operational air emissions. Table 4-4. Operational Activity Emissions (tons/year) Activity ROG NOX CO SO2 PM-10 PM-2.5 Area 3.9 0.1 12.3 0.0 0.2 0.2 Energy 0.1 0.6 0.2 0.0 0.0 0.0 Mobile 2.5 6.1 29.1 0.0 6.3 1.8 Total 6.5 6.8 41.6 0.0 6.5 2.0 SCAQMD Threshold 55 55 550 150 150 55 Exceeds Threshold? No No No No No No Source: Appendix B, Giroux&Associates (2016). City of Tustin-Initial Study/Mitigated Negative Declaration Page 60 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Based on the above analysis, project construction and operations would neither violate any air quality standard nor contribute substantially to an existing or projected air quality violation. This finding is further strengthened by noting that the calculated emissions are based upon an assumption that all project-related trips are "new" trips. In reality, the existing site uses generate more daily traffic than the proposed project. Implementation of PPP-3 is required to achieve compliance with regional air quality regulations. With application of this SCAQMD requirement, impacts are less than significant. Source: Giroux & Associates, Appendix B, Air Quality and Greenhouse Gas Impact Analysis (2016). Would the project: 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? Response: Less than Significant Impact — The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). As previously discussed in Items III.a) and III.b), above the project's contribution to criteria pollutants during the temporary construction period would be localized and below the SCAQMD's thresholds. In addition, BACMs are applied to further reduce emissions of particulate matter(PPP-3). Operational activities would generate negligible quantities of air pollutants that are not deemed cumulatively considerable. Since no other sources of potential long-term air emissions would result, impacts would be less than significant. Source: Giroux & Associates, Appendix B, Air Quality and Greenhouse Gas Impact Analysis (2016). Would the project: d) Expose sensitive receptors to substantial pollutant concentrations? Response: Less than Significant Impact— Construction Localized significance thresholds (LSTs) represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or State ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor. For the proposed project, LSTs are only applicable to the following criteria pollutants: NOx, CO, PM10, and PM2.5. The following significance thresholds for LSTs have been established by the SCAQMD: • 148 lbs/day of NOx • 1,519 lbs/day of CO City of Tustin-Initial Study/Mitigated Negative Declaration Page 61 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis • 24 lbs/day of PM10 • 8 lbs/day of PM2.5 Projects in the Basin with emissions that exceed any of the LSTs above are considered significant by the SCAQMD. For the proposed project, the primary source of possible LST impacts would be construction. LSTs are applicable for a sensitive receptor where it is possible that an individual could remain for 24 hours, such as a residence, hospital, or convalescent facility. The closest sensitive receptors to the various construction phases are considered to be the future single-family residential homes located approximately 75 feet away from the project site, across 6th Street. Therefore, a 25-meter source-receptor distance was chosen. Table 4-5 shows the construction-related emissions of CO, NOx, PM 10, and PM2.5 from off-road construction equipment that would operate on the project site. Even though construction activities would not be occurring simultaneously, the construction emissions estimated below in Table 4-5 assume that construction, paving, and painting activities would overlap in order to represent a worst-case scenario. Because construction activities on the project site must comply with dust control and other measures prescribed in SCAQMD Rules 402 and 403 to ensure that short-term construction impacts are minimized, compliance with these rules is assumed in Table 4-5 in the "Mitigated" line. As shown in Table 4-5, the calculated emissions rates for the proposed construction activities are below the LSTs for CO, NOx, PM10, and PM2.5 for both the unmitigated and mitigated construction activity scenarios. Therefore, the proposed project would not cause any short-term LST significant air quality impacts, and no mitigation is required. Table 4-5. LST and Project Emissions (pounds/day) LST 2 acre/25 meters CO NOx PM-10 PM-2.5 Max On-Site Emissions 715 115 6 4 Demolition Unmitigated 34 43 11 3 Mitigated 34 43 5 2 Grading Unmitigated 33 48 9 6 Mitigated 33 48 5 4 Construction Unmitigated 18 26 2 2 Mitigated 18 26 2 2 Paving Unmitigated 15 20 1 1 Mitigated 15 20 1 1 Construction and Paving Overlap Unmitigated 33 48 2 2 Mitigated 33 48 2 2 SCAQMD Threshold 1,519 148 24 8 Exceeds Threshold? No No No No City of Tustin-Initial Study/Mitigated Negative Declaration Page 62 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Operation As discussed in section 3.c) above, the proposed project's operational emissions are below SCAQMD standards and would not exacerbate existing environmental hazards. Impacts would be less than significant and no mitigation is required. Pursuant to California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, Case No. S213478, agencies are not required to analyze the CEQA impact of existing environmental conditions on a project's future users or residents, unless the proposed project risks exacerbating those environmental hazards or conditions that already exist. Nevertheless, a health risk analysis has been prepared to address this issue (Health Risk Assessment Report, Tustin Vintage Lofts Project, City of Tustin, California, EPD Solutions, Inc., March 5, 2016). The health risk assessment determined that the proposed project would not exceed the SCAQMD cancer risk significance threshold. The health risk assessment has been provided to the City as an information item for land use decision making, but is not a CEQA required analysis condition. Based on market research, the developer/applicant has identified a consumer demand for upgraded air filtration systems in similarly located projects. Therefore, the developer/applicant has included as a project design feature (PDF-1) upgraded air filtration systems, rated MERV13 or higher, in all residential units. Source: EPD Solutions, Inc. Health Risk Assessment Report, Tustin Vintage Lofts Project, City of Tustin, California, (2016) Giroux & Associates, Appendix B, Air Quality and Greenhouse Gas Impact Analysis (2016); California Environmental Protection Agency and California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective (April 2005). Would the project: e) Create objectionable odors affecting a substantial number of people? Response: Less than Significant Impact - The anticipated future development resulting from the proposed project, which includes residential, recreation and ancillary uses would not include land uses typically associated with the emission of objectionable odors, such as agricultural uses or wastewater treatment plants. However, odors may be generated during future construction, such as diesel exhaust, asphalt paving and application of paint, which could be noticed in the vicinity of the project site, and be considered objectionable. These odors would dissipate rapidly as they mix with the surrounding air, and would be short in duration, ceasing upon completion of construction. Therefore, any potential odors would be considered as less than significant. No mitigation is required. Source: Giroux &Associates, Appendix B, Air Quality and Greenhouse Gas Impact Analysis (2016). Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies PDFs The following PDF is incorporated into the project by the applicant, and would reduce impacts related to exposure of sensitive receptors to pollution. This action would be included in the project's mitigation monitoring and reporting program: City of Tustin-Initial Study/Mitigated Negative Declaration Page 63 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis PDF-1 Air Filtration Systems The applicant/developer shall install upgraded air filtration systems in all residential units. Air filtration devices shall be rated MERV13 or higher. Ventilation systems in residential units shall meet the following minimal design standards: ■ A MERV13 or higher rating; ■ At least one air exchange(s) per hour of fresh outside filtered air; ■ At least four air exchange(s) per hour recirculation; and ■ At least 0.25 air exchange(s) per hour in unfiltered infiltration. As part of implementing this measure, an ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HVAC) air filtration system shall be required. Ensure that the CC&R's and other property documents (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks; (2) include assurance that new owners and tenants are provided information on the ventilation system; and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. PPPS The following measure is a standard condition of development that applies to the proposed project and would help to reduce and avoid potential impacts related to air quality. This action would be included in the project's mitigation monitoring and reporting program: PPP-3: Fugitive Dust The project will comply with South Coast Air Quality Management District (SCAQMD) Rule 402 (Nuisance) and Rule 403 (Fugitive Dust). The project developer will require construction contractors and subcontractors to employ the following enhanced dust control measures during construction to minimize particulate matter (PM-10 and PM-2.5) emissions: 1. Suspend the use of all construction equipment during first-stage smog alerts. 2. Apply soil stabilizers such as hay bales or aggregate cover to inactive areas. 3. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. 4. Stabilize previously disturbed areas if subsequent construction is delayed. 5. Water exposed surfaces and haul roads 3 times/day. 6. Cover all stock piles with tarps. 7. Replace ground cover in disturbed areas quickly. 8. Reduce speeds on unpaved roads to less than 15 mph. 9. Trenches shall be left exposed for as short a time as possible. 10. Identify proper compaction for backfilled soils in construction specifications. 11. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard. 12. Sweep streets daily if visible soil material is carried out from the construction site. 13. Provide water spray during loading and unloading of earthen materials. 14. Minimize in-out traffic from construction zone. City of Tustin-Initial Study/Mitigated Negative Declaration Page 64 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Mitigation Measures No mitigation measures are necessary because no significant impacts to air quality have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 65 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IV. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, ❑ ❑ X ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ❑ ❑ X ❑ any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on ❑ ❑ ❑ X federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the ❑ X ❑ ❑ 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 ❑ ❑ ❑ X ordinances protecting biological resources? f) Conflict with the provisions of an ❑ ❑ ❑ X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? City of Tustin-Initial Study/Mitigated Negative Declaration Page 66 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Explanation of Checklist Responses Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Wildlife or U.S. Fish and Wildlife Service? Response: Less than Significant Impact — The project site is a developed parcel in an urban setting surrounded by existing residential, light industrial and commercial uses and has no native habitat. The proposed project would not have an adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or by the U.S. Fish and Wildlife Service (USFWS) because no federal or state listed species occur on the project site. Because the site does not contain sensitive species, there is a low likelihood implementation of the project would impact such species. The impact would be less than significant. No mitigation is required. Source: California Department of Fish and Wildlife, Threatened and Endangered Species, Species Lists and Accounts, http://www.dfg.ca.gov/wildlife/nongame/t_e_spp/ (accessed April 27, 2016). U.S. Fish &Wildlife Service, Endangered Species, http://www.fws.gov/endangered/ (accessed April 27, 2016). Would the project: b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Response: Less than Significant Impact — The project site is a developed parcel in an urban setting surrounded by existing residential, light industrial and commercial uses with no native habitat. There are no surface waters or drainages with riparian habitat on or in the vicinity of the site. No sensitive natural communities identified in local or regional plans, policies, or regulations or by CDFW or USFWS are present. Therefore, less than significant impacts to riparian habitat or sensitive vegetation communities would result, and no mitigation is required. Source: California Department of Fish and Wildlife, Threatened and Endangered Species, Species Lists and Accounts, http://www.dfg.ca.gov/wildlife/nongame/t_e_spp/ (accessed April 27, 2016). U.S. Fish &Wildlife Service, Endangered Species, http://www.fws.gov/endangered/ (accessed April 27, 2016). Would the project: City of Tustin-Initial Study/Mitigated Negative Declaration Page 67 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means? Response: No Impact — The 6.81-acre site is fully developed with buildings and a surface parking lot. No jurisdictional features occur on site. In addition, no natural hydrologic features or federally protected wetlands as defined by Section 404 of the Clean Water Act (CWA) occur onsite. Therefore, no direct removal, filling, or hydrological interruption of a wetland area would occur with development of the Project site. No impact would occur, and no mitigation is required. Source: Clean Water Act, 33 U.S.C. § 1344 (section 404). Would the project: 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? Response: Less Than Significant Impact with Mitigation Incorporated—Due to the presence of trees and shrubs on the project site, there is the potential for birds protected by the Federal Migratory Bird Treaty Act (MBTA) to nest at the project site. The MBTA makes it illegal to take, possess, buy, sell, purchase, or barter any migratory bird listed in the Code of Federal Regulations (Title 50, Part 10), including feathers, nests, eggs, or other avian products. This includes the active nests of all bird species, including common species. Existing trees and other vegetation on the project site would be removed during the demolition phase of project construction. These activities have the potential to disturb nesting birds and destroy their eggs and/or nests. To prevent impacts to nesting birds and their eggs and nests, if possible, vegetation removal should occur during the non—nesting bird season (between September 1 and February 28). If vegetation removal occurs during the nesting season (between March 1 and August 31), proposed project activities could impact an active nest. To reduce this potential impact, B-1 requires a pre-construction survey for nesting birds and describes the methods for managing any active nest sites, if encountered. The project site and surrounding areas are developed urban areas and do not support any other wildlife movement. No wildlife corridors traverse the site or the surrounding area and there is no potential for the site to be utilized as a native wildlife nursery site. Implementation of MM 4-1 would reduce potential impacts related to nesting birds to a less than significant level. Source: California Department of Fish and Wildlife and California Department of Transportation, California Essential Habitat Connectivity Project, https://www.wildlife.ca.gov/conservation/planning/connectivity/CEHC. Would the project: e) Conflict with any local policies or ordinances protecting biological resources? Response: City of Tustin-Initial Study/Mitigated Negative Declaration Page 68 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis No Impact—Site development would not conflict with any local policies or ordinances protecting biological resources, including tree preservation ordinances because no resources subject to such policies are onsite. Source: N/A. Would the project: 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? Response: No Impact—The Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) for the Central/Coastal Subregion does not designate this site for preservation or open space uses. Development of the proposed project would not result in the removal of any sensitive habitat species identified in the Orange County Central and Coastal NCCP/HCP. The proposed project would not conflict with local ordinances or the adopted HCP, NCCP, or other approved local, regional, or State HCP. Therefore, the proposed project would not result in significant impact related to local ordinances and the adopted NCCP/HCP, and no mitigation is required. Source: California Department of Fish and Wildlife, Natural Community Conservation Planning, NCCP Plan Summary: County of Orange (Central/Coastal) NCPP/HCP, https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Orange-Coastal. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to biological resources. Mitigation Measures B-1 Prior to approval of grading plans, the Community Development Department shall verify that the following note is included on the contractor specifications to ensure compliance with the Migratory Bird Treaty Act (MBTA): "To avoid impacts on nesting birds, vegetation on the project site should be cleared between September 1 and February 28. If vegetation clearing occurs inside the peak nesting season (between March 1 and August 31), a pre-construction survey (or possibly multiple surveys) shall be conducted by a qualified Biologist to identify if there are any active nesting locations. If the Biologist does not find any active nests within the impact area, then vegetation clearing/construction work will be allowed. If the Biologist finds an active nest within the construction area and determines that the nest may be impacted by construction activities, the Biologist will delineate an appropriate buffer zone around the nest depending on the species and the type of construction activity. Construction activities would be prohibited in the buffer zone until a qualified Biologist determines that the nest has been abandoned." City of Tustin-Initial Study/Mitigated Negative Declaration Page 69 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change ❑ ❑ ❑ X in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change ❑ X ❑ ❑ in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique ❑ X ❑ ❑ paleontological resource or site or unique geologic feature? d) Disturb any human remains, including ❑ ❑ X ❑ those interred outside of formal cemeteries? e) Disturb a tribal cultural resource ❑ X ❑ ❑ Explanation of Checklist Responses Response: Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact — CEQA defines a "historical resource" as a resource that meets one or more of the following criteria: (1) is listed in, or determined eligible for listing in, the California Register of Historical Resources (California Register); (2) is listed in a local register of historical resources as defined in Public Resources Code (PRC) Section 5020.1(k); (3) is identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or (4) is determined to be a historical resource by a project's Lead Agency (PRC Section 21084.1 and State CEQA Guidelines Section 15064.5(a)). Implementation of the proposed project would not cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the State CEQA Guidelines. The proposed project involves construction of new residential buildings, which would replace all existing buildings, requiring the demolition of all 11 existing buildings on the property. Cogstone completed a search for archaeological and historical records within a one-half mile radius of the project site at the South Central Coastal Information Center at California State University at Fullerton (SCCIC) on February 9, 2016. Results indicate that 14 cultural resources investigations City of Tustin-Initial Study/Mitigated Negative Declaration Page 70 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis have been completed previously within a one-half mile radius of the project site. One study intersected the project boundaries, along the 1-5 length, but no sites were recorded within the project site during that investigation. The previous investigations resulted in the recording of four cultural resources, including one prehistoric isolate, one single family residence, one single story commercial building, and numerous historic buildings within one historic district(Old Towne Tustin Cultural Resources District). The district borders encompass the north side of W. 6th Street, just north of the project site. The results of the cultural resources literature and records search at the SCCIC indicated that there are no known archaeological or built environment historical cultural resources within the project area. See Appendix C. An architectural survey of the project site was completed on February 10 and 11, 2016, and included nine historic-age (45 years or older) buildings on the property. The two remaining buildings were not included as they are not yet 45 years old. As the historic resources were not previously recorded, Cogstone completed DPR 523 site records for the nine buildings they were evaluated for eligibility for listing on the California Register of Historic Resources (CRHR). None of the nine buildings appear to be eligible for listing on the CRHR under any of its criteria, nor do they retain sufficient integrity for listing on the CRHR. They are not considered significant cultural resources, based on the architectural technical study and evaluation. There would be no impacts to historic properties. No mitigation is necessary. Source: Appendix C, Cultural Constraints Technical Memorandum for the W. 6th Street Historic Lofts Project in Tustin, Orange County, California (Cogstone 2016). Would the project: b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Response: Less than Significant Impact with Mitigation Incorporated—Archaeological resources are the physical remains of past human activities and can be either prehistoric or historic in origin. Archaeological sites are locations that contain significant evidence of human activity. Generally, a site is defined by a significant accumulation or presence of one or more of the following: food remains, waste from the manufacturing of tools, tools, concentrations or alignments of stones, modification of rock surfaces, unusual discoloration or accumulation of soil, or human skeletal remains. Archaeological sites are often located along creek areas and ridgelines. Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. These resources are valued for the information they yield about the history of the earth and its past ecological settings. There are two types of resources: vertebrate and invertebrate paleontological resources. These resources are found in geologic strata conducive to their preservation, typically sedimentary formations. Paleontological sites are those areas that show evidence of prehuman activity. Often they are simply small outcroppings visible on the surface or sites encountered during grading. As discussed above, results of the cultural resources literature and records search at the SCCIC indicated that there are no known archaeological or built environment historical cultural resources within the project area. An archeological or paleontological field survey was not completed due to the completely developed, built-upon, and paved status of the project site. The project site is highly disturbed, having previously been graded at substantial depths to develop the industrial City of Tustin-Initial Study/Mitigated Negative Declaration Page 71 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis complex and an underground parking garage, and it is not expected that sensitive archeological or paleontological resources would be encountered during construction. However, there is a potential for previously unknown archaeological and/or paleontological resources to be impacted during grading activities if earthmoving activities occur at substantial depths. Per mitigation measures C-1 and C-2, the applicant will retain a qualified paleontologist and archeologist, who will be contacted in the event that undiscovered cultural resources are encountered during grading. Compliance with the procedures defined in C-1 and C-2 would reduce any potential impacts to previously undiscovered archeological and paleontological resources to less than significant. Source: Appendix C, Cultural Constraints Technical Memorandum for the W. 6th Street Historic Lofts Project in Tustin, Orange County, California (Cogstone 2016) Would the project: d) Disturb any human remains, including those interred outside of formal cemeteries? Response: Less than Significant Impact—The probability that construction of the project would impact any human remains is low, given the degree of past disturbance of the site, as it is previously graded and developed with 11 industrial buildings. In the event that human remains are encountered during earth removal or disturbance activities, the California Health and Safety Code Section 7050.5 requires that all activities cease immediately and a qualified archaeologist and Native American monitor be contacted immediately. The Coroner would also be contacted pursuant to Sections 5097.98 and 5097.99 of the Public Resources Code relative to Native American remains. Should the Coroner determine the human remains to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC would then be required to contact the most likely descendant of the deceased Native American, who would then serve as consultant on how to proceed with the remains. Compliance with the established regulatory framework (i.e., California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98), as required by PPP-4, would reduce potential impacts involving disturbance to human remains would be less than significant. Would the project: e) Disturb a tribal cultural resource? Response: Less than Significant Impact with Mitigation Incorporated — Assembly Bill 52 Chapter 532, Statutes of 2014 (i.e., Assembly Bill [AB] 52), requires that Lead Agencies evaluate a project's potential to impact"tribal cultural resources." Such resources include "[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register of Historical resources or included in a local register of historical resources."AB 52 also gives Lead Agencies the discretion to determine, supported by substantial evidence, whether a resource qualifies as a "tribal cultural resource." City of Tustin-Initial Study/Mitigated Negative Declaration Page 72 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Also per AB 52 (specifically PRC 21080.3.1), Native American consultation is required upon request by a California Native American tribe that has previously requested that the City provide it with notice of such projects. A search of the Sacred Lands File (SLF) was requested for the project by the Native American Heritage Commission (NAHC) on March 14, 2016. In a response dated March 16, 2016, the NAHC stated that the SLF failed to indicate the presence of Native American cultural resources within the immediate project area. The NAHC provided the names of Native American contacts representing who may have information regarding cultural resources that could be impacted by the project. Letters detailing the project and requesting information were sent to the Native American contacts on March 18, 2016. One response and request for consultation was received by Gabrieleno Band of Mission Indians — Kizh Nation. The City and that tribe commenced consultation by meeting to discuss the proposed project on April 27, 2016. The City and the Gabrieleno Band of Mission Indians — Kizh Nation's representatives discussed mitigation measures for tribal cultural resources. The consultation process concluded on May 27, 2016 when the parties reached agreement on the appropriate recommendations to make to the City Council concerning "tribal cultural resources" and the project, as outlined in Mitigation Measure C-3. Mitigation Measure C-3 requires a qualified Native American monitor shall be retained by the Applicant/Developer to provide professional Native American monitoring services for any construction activities that may disturb native soils (i.e., previously undisturbed soil 18-inches or more below the surface). Mitigation Measure C-1 requires that an archaeologist be retained provide on-call services in the event archeological resources are discovered and Mitigation Measure C-2 requires a qualified paleontologist in the event that paleontological resources are discovered. Implementation of Mitigation Measures C-1 through C-3 would reduce any potential impacts to previously undiscovered cultural resources to a less than significant level. Therefore, on this basis and as a result of the City's consultation with the Gabrieleno Band of Mission Indians — Kizh Nation, the City has concluded that, with implementation of Mitigation Measure C-3, potential impacts related to unknown buried tribal cultural resources would also be reduced below a level of significance. Senate Bill 18 SB 18 was signed into law in September 2004 and went into effect on March 1, 2005. It placed requirements on local governments for developments within or near traditional tribal cultural places (TTCP). It provided a new definition of TTCP, requiring a traditional association of the site with Native American traditional beliefs, cultural practices, or ceremonies, or the site must be shown to actually have been used for activities related to traditional beliefs, cultural practices, or ceremonies. Previously, the site was defined to require only an association with traditional beliefs, practices, Iifeways, and ceremonial activities. In addition, SB 18 law also amended Civil Code Section 815.3 and adds California Native American tribes to the list of entities that can acquire and hold conservation easements for the purpose of protecting their cultural places. SB 18 requires local jurisdictions to provide opportunities through a notification process for involvement of California Native Americans tribes in the land planning process for the purpose of preserving traditional tribal cultural places. The Final Tribal Guidelines recommends that the NAHC provide written information to the lead agency as soon as possible but no more than 30 days after notification if the proposed project is near a TTCP, and another 90 days for tribes to respond to a local government if they want to consult with the local government to determine whether the project would have an adverse impact on the TTCP. There is no statutory limit on the consultation duration. The CEQA public distribution list may include tribes listed by the NAHC who have requested consultation or it may not. If the NAHC, the tribe, and interested parties agree upon the mitigation measures necessary for the proposed project, it would be included in the City of Tustin-Initial Study/Mitigated Negative Declaration Page 73 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis project's CEQA documentation. If both the City and the tribe agree that adequate mitigation or preservation measures cannot be taken, then neither party is obligated to take action. Following consultation and prior to adoption of the general plan or specific plan, a local government must refer the proposed action to the tribes on the NAHC contact list that have traditional lands within the jurisdiction. The referral must allow a 45-day comment period (Government Code Section 65352). The City of Tustin contacted the NAHC to obtain a list of tribes in order to conduct government to government consultation required by state law. Letters detailing the project and requesting information were sent to 10 Native American contacts on March 18, 2016. No requests for SB 18 consolations were received. Implementation of Mitigation Measures C-1 through C-3 would reduce any potential impacts to previously undiscovered cultural resources to a less than significant level. Therefore, on this basis and as a result of the City's AB 52 consultation with the Gabrieleno Band of Mission Indians — Kizh Nation, the City has concluded that, with implementation of Mitigation Measure C-3, potential impacts related to unknown buried tribal cultural resources would also be reduced below a level of significance. Source: California Assembly Bill No. 52 Native Americans: California Environmental Quality Act (2014). California Senate Bill 18, Ch. 905 (2004). Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies PDFs No PDFs are applicable to cultural resources. PPPs The following measure is the standard condition of development that applies to the proposed project and would help to reduce and avoid potential impacts related to cultural resources. This action would be included in the project's mitigation monitoring and reporting program: PPP-4: Cultural Resources — Human Remains Should human remains be discovered during project construction, the project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the human remains until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of notification by the NAHC. Mitigation Measures C-1: Archeological Resources. Prior to the issuance of the first grading permit, the Applicant/Developer shall provide a letter to the City of Tustin Community Development Department, or designee, from a qualified professional archeologist meeting the Secretary of Interior's Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that the Applicant/Developer has retained this individual and that the archeologist shall provide on-call services in City of Tustin-Initial Study/Mitigated Negative Declaration Page 74 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis the event archeological resources are discovered. The archeologist shall be present at the pre-grading conference to establish procedures for archeological resource surveillance. In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 50 feet of the area of discovery shall cease and the City shall be immediately notified. The archeologist shall be contacted to flag the area in the field and determine if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). If the find is considered a "resource" the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4. If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the Applicant's expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the archaeologist. Resources shall be identified and curated into an established accredited professional repository. The archaeologist shall have a repository agreement in hand prior to initiating recovery of the resource. Excavation as a treatment option will be restricted to those parts of the unique archaeological resource that would be damaged or destroyed by the project. C-2: Paleontological Resources. Prior to the issuance of the first grading permit, the Applicant/Developer shall provide a letter to the City of Tustin Community Development Department, or designee, from a paleontologist selected from the roll of qualified paleontologists maintained by the County, stating that the Applicant/Developer has retained this individual and that the paleontologist shall provide on-call services in the event resources are discovered. The paleontologist shall be present at the pre-grading conference to establish procedures for paleontological resource surveillance. In the event paleontological resources are encountered during construction, ground-disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate adverse impacts to unknown buried paleontological resources that may exist onsite for the review and approval by the City. Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes. Recovery, salvage and treatment shall be done at the Applicant's expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the paleontologist. Resources shall be identified and curated into an established accredited professional repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource. City of Tustin-Initial Study/Mitigated Negative Declaration Page 75 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis C-3 Grading Native Soils. Prior to the issuance of the first grading permit, a qualified Native American monitor shall be retained by the Applicant/Developer to provide professional Native American monitoring services for any construction activities that may disturb native soils (i.e., previously undisturbed soil 18-inches or more below the surface). The Native American monitor from the Gabrieleno Band of Mission Indians — Kizh Nation, shall be selected by the Applicant/Developer and verification of retention of the Native American monitor shall be provided to the City of Tustin Community Development Department on tribal letterhead, including the monitor's name and contact information. The Native American monitor and a City of Tustin Community Development Department designee shall be present at the pre-grading conference to establish procedures for Native American resource surveillance. The Native American monitor shall be present during all ground disturbing activities of native soil (i.e., previously undisturbed soil 18-inches or more below the surface) including but not limited to post holing, auguring, boring, grading, excavation and trenching. City of Tustin-Initial Study/Mitigated Negative Declaration Page 76 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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: i) Rupture of a known earthquake ❑ ❑ X ❑ 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? ii) Strong seismic ground shaking? ❑ ❑ X ❑ iii) Seismic-related ground failure, ❑ X ❑ ❑ including liquefaction? iv) Landslides? ❑ ❑ ❑ X b) Result in substantial soil erosion or ❑ ❑ X ❑ the loss of topsoil? c) Be located on a geologic unit or soil ❑ X ❑ ❑ that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ❑ X ❑ ❑ defined in the California Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? City of Tustin-Initial Study/Mitigated Negative Declaration Page 77 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Explanation of Checklist Responses Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Response: Less Than Significant Impact—A Geotechnical Investigation Report was originally prepared for the project in February 2016, by Geotek, Inc. The Geotechnical Report evaluated seismic and other hazards to the site. The project site is not within an Earthquake Fault Zone as identified by the Alquist-Priolo Earthquake Fault Zoning Act. The nearest zoned fault is the Newport-Inglewood Fault zone, located approximately 10'/4 miles to the southwest and the Whittier Fault, located approximately 11%2 miles to the northeast. Because the project is not located within an Alquist- Priolo Earthquake Fault Zone, there is a less than significant impact associated with the potential for rupture of a known fault within such a zone. Source: California Geological Survey(CGS). 2013, May 29. 2010 Fault Activity Map of California. http://www.quake.ca.gov/gmaps/FAM/faultactivitymap.html#. 2001, January 17. Seismic Hazards Zones Map, Tustin Quadrangle. http://www.quake.ca.gov/gmaps/WH/regulatorymaps.htm. 1994. Generalized Mineral Land Classification Map of Orange County. Open File Report 94-15, Plate 1. ftp://ftp.consrv.ca.gov/pub/dmg/pubs/ofr/OFR_94-15/OFR-94-15—Plate-1.pdf; Appendix D. Geotechnical Investigation Report (Geotek, 2016). ii. Strong seismic ground shaking? Response: Less than Significant Impact— The project site lies within a region of active faulting and seismicity in Southern California. Potential regional sources for major ground-shaking hazards include the San Andreas, San Jacinto, and Elsinore fault zones. This risk is not considered substantially different than that of other similar properties in the Southern California area. The project would be required to construct proposed structures in accordance with the California Building Standards Code (CBSC), also known as California Code of Regulations (CCR), Title 24 and the City Building Code. The CBSC and City Building Code are designed to preclude significant adverse effects associated with strong seismic ground shaking. The Geotechnical Report provides seismic design criteria and design recommendations for the project site, which, when implemented, would reduce impacts to below a level of significance. Impacts related to exposure of people or structures to substantial adverse effects from strong seismic ground shaking would be less than significant. Source: Appendix D, Geotechnical Investigation Report (Geotek, 2016). iii. Seismic-related ground failure, including liquefaction? Response: Less than Significant Impact with Mitigation Incorporated — Liquefaction describes a phenomenon in which cyclic stresses, produced by earthquake-induced ground motion, create City of Tustin-Initial Study/Mitigated Negative Declaration Page 78 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis excess pore pressures in relatively cohesionless soils. These soils may thereby acquire a high degree of mobility, which can lead to lateral movement, sliding, consolidation and settlement of loose sediments, sand boils and other damaging deformations. This phenomenon occurs only below the water table, but, after liquefaction has developed, the effects can propagate upward into overlying non-saturated soil as excess pore water dissipates. The factors known to influence liquefaction potential include soil type and grain size, relative density, groundwater level, confining pressures, and both intensity and duration of ground shaking. In general, materials that are susceptible to liquefaction are loose, saturated granular soils having low fines content under low confining pressures. The results of the analysis indicate that the subsurface soils between 40 feet and 45 feet are potentially susceptible to liquefaction upon the application of the design earthquake. Based on the analysis performed, a total estimated seismic-induced settlement of approximately 1 inch with an estimated %2 inch of differential settlement across a 40 feet span. Due to the relative thickness of the overlying non-liquefiable soils, surface manifestations resulting for soil liquefaction are not likely. Mitigation Measure G-1 requires the project applicant to comply with the recommendations of the project's Geotechnical Evaluation (GeoTek, Inc., February 1, 2016) (included in Appendix D of this IS/MND) and the most current California Building Code (CBC), which stipulates appropriate seismic design provisions that shall be implemented with project design and construction. For these reasons, there is a less than significant impact associated with the potential for seismic- related ground failure, including liquefaction. Source: Appendix D, Geotechnical Investigation Report (GeoTek, 2016). iv. Landslides? Response: No Impact—The project site is relatively flat, with an approximate total relief across the site of up to 3 feet, sloping down toward the south. There are no hillsides or steep slopes on the site or in the vicinity of the project site. Evidence of ancient landslides or slope instabilities at this site was not observed during the geotechnical investigation. Thus, the potential for landslides is considered negligible. Accordingly, property would not be exposed to any risk of landslide. Due to the flat topography of the project site, the potential for landslide or rockfall in the future is considered to be very low and there would be no impact as a result. Source: Appendix D, Geotechnical Investigation Report (GeoTek, 2016). Would the project: b) Result in soil erosion or the loss of topsoil? Response: Less than Significant Impact — The potential for erosion or loss of topsoil would be negligible with development and implementation of erosion control Best Management Practices (BMPs) required of the Stormwater Pollution Prevention Plan (SWPPP) for any development on the project site. An Erosion Control Plan would be prepared prior to construction as part of the overall SWPPP to reduce sedimentation, erosion, and other water quality impacts associated with construction. The SWPPP would establish BMPs for erosion and sediment control and non-storm water management during construction activities. Additionally, a Water Quality Management Plan City of Tustin-Initial Study/Mitigated Negative Declaration Page 79 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis (WQMP) has been prepared to prevent stormwater pollution and manage urban runoff after construction. (see Appendix E) During construction, the project would be required to comply with the SCAQMD's Fugitive Dust restrictions (Rule 403). Project site grading and infrastructure would be designed to City standards to minimize erosion potential. Preparation and implementation of a SWPPP with an Erosion Control Plan is required by PPP-5. Preparation and implementation of a WQMP is required by PPP-6. Compliance with SCAQMD Rule 403 is a standard condition of development and is incorporated into the project as PPP-3. Compliance with these PPPs, which implement standard conditions and BMPs required by local and State regulation, would reduce any potential impacts to below a level of significance. Source: Appendix E, WQMP (C&V Consulting, Inc., 2016). Would the project: 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 offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in the California Building Code, creating substantial risks to life or property? Response: Less than Significant Impact with Mitigation Incorporated —The project site is not located in an area subject to landslide, lateral spreading, subsidence or liquefaction hazards. The near- surface soils generally consist of medium dense to dense native alluvial soils, as well as hard conditions. The proposed project would be subject to the recommendations of the geotechnical report, as well as future geotechnical recommendations associated with future grading and building permits, which would ensure that any potentially unstable soils present on the project site are appropriately remediated through site design considerations. To ensure these recommendations are adhered to in final project designs, Mitigation Measure G-1 is required. With the application of this mitigation measure, the risk associated with unstable soils causing harm to humans or structures is below a level of significance. Source: Appendix D, Geotechnical Investigation Report (Geotek, 2016) Would the project: e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Response: No Impact — No septic tanks are proposed. Therefore, there is no impact related to soils being incapable of adequately supporting the use of septic tanks. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies PDFs No PDFs are applicable to geology and soils. City of Tustin-Initial Study/Mitigated Negative Declaration Page 80 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis PPPs The following measures are standard conditions of development and existing plans, programs, or policies (collectively referred to as PPPs) that apply to the proposed project and would help to reduce and avoid potential impacts related to geology and soils. These actions would be included in the project's mitigation monitoring and reporting program: PPP-3: Fugitive Dust (Refer to Item III for the text of this PPP) PPP-5: Stormwater Pollution/Erosion Control In order to comply with the 2003 DAMP, the proposed project shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, which shall be submitted to the Department of Public Works for review and approval. • The SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of development. • The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows and for nuisance flows during construction. • A WQMP shall be maintained and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall ensure that the existing water quality measures for all improved phases of the project are adhered to. • Location of the BMPs shall not be within the public right-of-way. PPP-6: Water Quality Management Plan The project would comply with NPDES requirements for control of discharges of sediments and other pollutants during operations of the facility through preparation and implementation of a Water Quality Management Plan (WQMP) in compliance with the Municipal Separate Storm Sewer System (MS4) Permit in effect for the Santa Ana Regional Water Quality Control Board (RWQCB) at the time of grading permit application. Mitigation Measures G-1. All grading operations and construction shall be conducted in conformance with the recommendations included in the geotechnical documents prepared by GeoTek, Inc. (included in Appendix D of this Initial Study/Mitigated Negative Declaration). Grading plan review shall also be conducted by the City of Tustin City Engineer, or designee, prior to the start of grading to verify that requirements developed during the geotechnical design evaluation have been appropriately incorporated into the project plans. Design, grading, and construction shall be performed in accordance with the requirements of the City Building Code and the California Building Code (CBC) applicable at the time of grading, as well as the recommendations of the project City of Tustin-Initial Study/Mitigated Negative Declaration Page 81 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis geotechnical consultant as summarized in a final report subject to review by the City Engineer, or designee, prior to the start of grading activities. Source: Appendix D, Geotechnical Investigation Report (Geotek, 2016). City of Tustin-Initial Study/Mitigated Negative Declaration Page 82 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, ❑ ❑ X ❑ either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy ❑ ❑ X ❑ or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Constituent gases of the Earth's atmosphere, called atmospheric greenhouse gases (GHGs), play a critical role in the Earth's radiation amount by trapping infrared radiation from the Earth's surface, which otherwise would have escaped to space. Prominent greenhouse gases contributing to this process include carbon dioxide (CO2), methane (CH4), ozone (Oa), water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs). This phenomenon, known as the Greenhouse Effect, is responsible for maintaining a habitable climate. Anthropogenic (caused or produced by humans) emissions of these greenhouse gases in excess of natural ambient concentrations are responsible for the enhancement of the Greenhouse Effect and have led to a trend of unnatural warming of the Earth's natural climate, known as global warming or climate change. Emissions of gases that induce global warming are attributable to human activities associated with industrial/manufacturing, agriculture, utilities, transportation, and residential land uses. Transportation is responsible for 41 percent of the state's greenhouse gas emissions, followed by electricity generation. Emissions of CO2 and N2o are byproducts of fossil fuel combustion. Methane, a potent greenhouse gas, results from off-gassing associated with agricultural practices and landfills. Sinks of CO2, where CO2 is stored outside of the atmosphere, include uptake by vegetation and dissolution into the ocean. Local jurisdictions have the authority and responsibility to reduce GHG emissions through their police power and decision-making authority. Specifically, the City is responsible for the assessment and mitigation of GHG emissions resulting from its land use decisions. In accordance with CEQA requirements and the CEQA review process, the City assesses the global climate change potential of new development projects, requires mitigation of potentially significant global climate change impacts by conditioning discretionary permits, and monitors and enforces implementation of such mitigation. Currently, SCAQMD has only adopted a GHG emission threshold of 10,000 metric tons of carbon dioxide equivalent (MTCO2e) for industrial projects where SCAQMD is the lead agency. However, SCAQMD has initiated a Working Group to develop a detailed methodology for evaluating GHG emissions significance under CEQA. At the September 28, 2010 Working Group meeting, the SCAQMD released its most current version of the draft GHG emissions thresholds, which recommends a tiered approach that provides a quantitative annual threshold of 3,500 MTCO2e for all land use projects. Although the SCAQMD provided substantial evidence supporting the use of the above threshold, they have not been formally adopted. The City currently does not have an adopted climate action plan to reduce GHG emissions within its jurisdictional City of Tustin-Initial Study/Mitigated Negative Declaration Page 83 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis boundaries, and no other regional GHG reduction plans have been adopted. The City uses SCAQMD thresholds for projects located in the South Coast Air Basin. Therefore, the proposed project would be considered to create a significant cumulative GHG impact if the it would exceed the annual threshold of 3,500 MTCO2e. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Response: Less than Significant Impact— Construction GHG Emissions Construction and operation of the proposed project would generate GHG emissions, with the majority of energy consumption (and associated generation of GHG emissions) occurring during the project's operation (as opposed to its construction). Typically, more than 80 percent of the total energy consumption takes place during the use of buildings, and less than 20 percent is consumed during construction.2 GHG emissions associated with the proposed project would occur over the short term (approximately less than 2 years) from construction activities and would consist primarily of emissions from equipment exhaust. The estimate presented below includes construction emissions in terms of annual CO2e GHG emissions from increased energy consumption, water usage, and solid waste disposal, as well as estimated GHG emissions from vehicular traffic that would result from implementation of the proposed project. Construction activities produce combustion emissions from various sources, such as site grading, utility engines, heavy-duty construction vehicles on-site, equipment hauling materials to and from the site, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from onsite construction activities would vary daily as construction activity levels change. The GHG emission estimates presented in Table 4-6 show the emissions associated with construction of the proposed project. Table 4-6. Construction GHG Emissions (Metric Tons CO2e) YEAR CO2e Year 2017 579.0 Year 2018 22.8 Total 601.8 Amortized 20.1 The SCAQMD's GHG emissions policy for construction is to amortize emissions over a 30-year time period.1 Construction of the proposed project would result in average emissions of 20.1 MT Of CO2e per year over the course of 30 years. The estimated construction emissions would be below the SCAQMD's threshold criteria of 3,500 MT of CO2e per year. Therefore, project construction would be considered to have a less than significant impact related to GHG emissions 2 United Nations Environment Programme (UNEP), 2007. Buildings and Climate Change: Status, Challenges and Opportunities, Paris, France. City of Tustin-Initial Study/Mitigated Negative Declaration Page 84 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis and would not, directly or indirectly, have a significant impact on the environment and no mitigation is required. Notwithstanding the foregoing, the project would be required to implement construction exhaust control measures consistent with SCAQMD Rules 402 and 403 for other air quality topics discussed above, including minimization of construction equipment idling and implementation of proper engine tuning and exhaust controls. Both of these measures would reduce GHG emissions during the construction period. Operational GHG Emissions Long-term operation of the proposed project would generate GHG emissions from area and mobile sources and indirect emissions from stationary sources associated with energy consumption. Area-source emissions would be associated with activities such as landscaping and maintenance of proposed land uses, natural gas for heating, and other sources. Mobile-source emissions of GHGs would include project-generated vehicle trips associated with onsite residences. Increases in stationary-source emissions would also occur at off-site utility providers as a result of demand for electricity, natural gas, and water by the proposed project. The GHG emission estimates presented in Table 4-7 show the emissions associated with the level of development at buildout. Appendix B includes the Air Quality and GHG Impact Analyses (Giroux&Associates, April 2016), which includes the Cal EEMod calculations for GHG emissions. Table 4-7. Operational GHG Emissions Consumption Source Area Sources 34.7 Energy Utilization 309.6 Mobile Source 1,126.4 Solid Waste Generation 31.0 Water Consumption 67.4 Construction 20.1 Total 1,589.2 Guideline Threshold 3,500 Exceeds Threshold? No Operation of the proposed project would result in average emissions of 1,589.2 MT of CO2e per year. The estimated operational emissions would be below the SCAQMD's threshold criteria of 3,500 MT of CO2e per year. Therefore, project operation would be considered to have a less than significant impact related to GHG emissions and would not, directly or indirectly, have a significant impact on the environment. No mitigation is required. Source: Appendix B. Air Quality and Greenhouse Gas Impact Analyses (Giroux & Associates, 2016). Would the project: b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Response: City of Tustin-Initial Study/Mitigated Negative Declaration Page 85 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less than Significant Impact—The City currently does not have an adopted climate action plan to reduce GHG emissions within its jurisdictional boundaries, and no other regional GHG reduction plans have been adopted. While the SCAQMD does not have an adopted threshold for assessing the significance of GHG emissions, the draft screening value for residential use is 3,500 MT of CO2e per year. As discussed above, the proposed project would result in operational and amortized construction GHG emissions that are significantly below the suggested 3,500 MT of CO2e per year metric. As a result, the proposed project is consistent with SCAQMD's adopted plans and policies, which were determined by SCAQMD to be consistent with California's State- level plans, policies, and regulations related to GHG. Therefore, the proposed project is also consistent with State-level plans, based on its consistency with the 3,500 MT of CO2e per year threshold, and no mitigation is required. Source: Appendix B. Air Quality and Greenhouse Gas Impact Analyses (Giroux & Associates, 2016). Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to greenhouse gas emissions. Mitigation Measures No mitigation measures are required as there are no adverse impacts related to greenhouse gas emissions. City of Tustin-Initial Study/Mitigated Negative Declaration Page 86 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the ❑ X ❑ ❑ public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the ❑ X ❑ ❑ 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 ❑ ❑ ❑ X hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included ❑ ❑ ❑ X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment? e) For a project within an airport land use ❑ ❑ ❑ X 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 ❑ ❑ ❑ X 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 ❑ ❑ ❑ X interfere with an adopted emergency response plan or emergency evacuation plan? City of Tustin-Initial Study/Mitigated Negative Declaration Page 87 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact h) Expose people or structures to a risk ❑ ❑ ❑ X of loss, injury, or death involving wildland fires? Explanation of Checklist Responses 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? Response: Less than Significant Impact with Mitigation Incorporated — The proposed project is not expected to result in impacts from hazards and hazardous materials with respect to creating a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, or from reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. A Phase I Environmental Site Assessment (ESA) for the project parcel was conducted by Hillmann Consultants (see Appendix F). The Phase I assessment revealed two recognized environmental conditions (REC) in connection with the property: ■ The long-term historic use of the property for light-industrial and manufacturing operations (including lithography and printing tenants) is considered to be a REC. ■ The observed leaking transformer along W. 6th Street is considered to be a REC due to the potential for the electrical fluid to contain PCBs. No evidence of any Controlled Recognized Environmental Conditions (CRECs) in connection with the property was identified. A Phase 11 subsurface investigation was performed in order to determine if the past uses of the property or the leaking transformer have impacted the subsurface of the property (see Appendix G). The Phase 11 investigation included soil and soil gas sampling to identify potential contamination from petroleum hydrocarbons, PCBs, and volatile organic compounds (VOC). A total of 12 soil borings occurred across the site. Results of the soil and soil gas samples contained mostly insignificant or non-detectable levels of targeted contaminants that are below accepted residential screening levels. However, two samples had marginal results that exceeded current residential standards: 1. Soil sample 134-1.5 had 200 mg/Kg diesel range hydrocarbons, exceeding the most conservative threshold for residential cases of 82 mg/Kg (the Residential Regional Screening Level for EPA Region 9). However, the soil sample collected just below this sample 134-5 did not have detectable levels of hydrocarbons, indicating a limited vertical extent of impact. City of Tustin-Initial Study/Mitigated Negative Declaration Page 88 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis 2. Soil gas sample SG6-5 had a maximum concentration of 0.60 ug/L tetrachloroethene (PCE), exceeding the most conservative threshold for residential cases of 0.24 ug/L (the Residential Regional Screening Level for EPA Region 9, as modified by California Department of Toxic Substances Control Human Health Risk Assessment Note 3). The presence of hydrocarbons and PCEs at the site is a potentially significant impact if not properly mitigated. The Phase II investigation recommends additional soil gas testing occur after demolition of the existing structures is complete to ensure solvent concentrations do not exceed stringent residential standards. If there are elevated levels of one or more solvents present, protection of the building foundations may be required with installation of a vapor intrusion barrier system ("liquid boot") or similar mitigation. In addition, all or some of the soil identified with petroleum hydrocarbons will require removal. These measures are required by Mitigation Measure H-1. Project Construction The proposed project would not involve the routine transport, use, or disposal of significant amounts of hazardous materials as defined by the Hazardous Materials Transportation Uniform Safety Act. During construction, the proposed project would involve the transport of general construction materials (i.e., concrete, wood, metal, fuel, etc.) as well as the materials necessary to construct the proposed residential community. Construction activities would involve the use of hazardous materials such as fuels and greases for the fueling and servicing of construction equipment. Such substances may be stored in temporary storage tanks/sheds that would be located on the project site. Although these types of materials are not acutely hazardous, they are classified as hazardous materials and create the potential for accidental spillage, which could expose workers. The use, storage, transport, and disposal of hazardous materials used in construction of the facility would be carried out accordance with federal, state, City and County regulations. No extremely hazardous substances (i.e., governed under Title 40, Part 335 of the Code of Federal Regulations) are anticipated to be produced, used, stored, transported, or disposed of as a result of project construction. As needed, Material Safety Data Sheets for all applicable materials present onsite would be made readily available to onsite personnel as required by the Orange County Fire Authority (OCFA). During construction of the facility, non-hazardous construction debris would be generated and disposed of in local landfills. Sanitary waste would be managed using portable toilets, with waste being disposed of at approved sites. Operations The project proposes to construct 140 single-family residential homes. Residential uses typically do not present a hazard associated with the accidental release of hazardous substances into the environment because residents are not anticipated to use, store, dispose, or transport large volumes of hazardous materials. Hazardous substances associated with residential uses are typically limited in both amount and use such that they can be contained without impacting the environment. Project operation would involve the use of potentially hazardous materials (e.g., solvents, cleaning agents, paints, fertilizers, pesticides) typical of residential uses that, when used correctly and in compliance with existing laws and regulations, would not result in a significant hazard to residents or workers in the vicinity of the proposed project. The OCFA is the administering agency for the chemical inventory and business emergency plan regulations for the City. The OCFA's disclosure activities are coordinated with the Orange County Health Care Agency (HCA). The HCA is the Certified Unified Program Agency for local implementation of the disclosure program and several other hazardous materials and hazardous City of Tustin-Initial Study/Mitigated Negative Declaration Page 89 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis waste programs. The OCFA's Hazardous Materials Services Section is staffed with technical and administrative personnel who are assigned implementation and management of the disclosure program. All facilities are encouraged to work closely with the OCFA in order to eliminate any unnecessary efforts or costs in complying with the disclosure program. The Orange County Waste and Recycling Department manages four hazardous material and hazardous waste collection centers designed to prevent damage to the environment and reduce the risk of accidental poisoning by removing household hazardous materials and medicines from the home. Because these resources are available to anyone in Orange County, it is reasonable to conclude that the residences would utilize such programs to properly dispose of household hazardous waste. Therefore, impacts associated with the disposal of hazardous materials and/or the potential release of hazardous materials that could occur with the implementation of the proposed project are considered less than significant, and no mitigation is required. No manufacturing, industrial, or other uses utilizing large amounts of hazardous materials would occur within the project site. Typical use of household hazardous materials (e.g., pesticides, fertilizer, solvents, cleaning products, and paints) would not generally result in the transport, disposal, or release of hazardous materials of an amount that would create a significant hazard to the public or environment. Impacts are considered less than significant, and no mitigation is required. Source: Appendix F, Phase I ESA and Appendix G, Phase II ESA (Hillman Consulting, 2016). Would the project: c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Response: No Impact—The nearest school site, Tustin High School (grades 9-12) is located approximately 0.7 mile away and no schools are proposed to be located within one-quarter mile of the project site; therefore, there would be no hazardous materials impact to schools located one-quarter mile of the site. Would the project: 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? Response: No Impact — The Phase I ESA for the project parcel reviewed the lists of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The project site is not located on any of the lists; therefore, there would be no impact associated with this hazard. Would the project: e) For a project 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? City of Tustin-Initial Study/Mitigated Negative Declaration Page 90 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis No Impact—The nearest public airport, John Wayne Airport, is located approximately 4.25 miles southwest of the project site. Therefore, the project is not within two miles of an airport. The site is not within the boundaries of an airport land use plan and there would be no impact. Would the project: 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? Response: No Impact—There are no private airfields or airstrips in the vicinity of the project site. A significant impact associated with private airstrips would not occur. Would the project: g) Impair implementation of an adopted emergency response plan or emergency evacuation plan? Response: No Impact —The Tustin Police Department oversees emergency management for the City. The City's Emergency Plan was approved in 2011. The proposed project would change the land uses onsite to residential, but is not expected to substantially alter or interfere with the implementation of the City's Emergency Plan. The project site does not contain any emergency facilities nor does it serve as an emergency evacuation route. During construction and long-term operation, the proposed project would be required to maintain adequate emergency access for emergency vehicles as required by OCFA and the City. Because the project would not impede any existing emergency vehicle access or evacuation routes, and would not otherwise conflict with the City's emergency response plans, there is no impact related to the project impairing the implementation of an adopted emergency response plan or emergency evacuation plan. Source: City of Tustin Emergency Plan, 2011. Would the project: h) Expose people or structures to a risk of loss, injury or death involving wildland fires? Response: No Impact —The project site is located in an urbanized community, with no areas of substantial native vegetation in the vicinity. The project area is not mapped as an area of high wildland fire hazard by the California Department of Forestry and Fire Protection (CAL FIRE). There would be no impact from wildland fire due to the urban nature of the area. Source: California Department of Forestry and Fire Prevention (CAL FIRE). Very High Fire Hazard Severity Zones in LRA: Tustin (October 2011) http://www.fi re.ca.gov/fi re—prevention/fhsz—maps/F H SZ/orange/c30—Tustin—vhfhsz.pdf. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to hazards and hazardous materials. City of Tustin-Initial Study/Mitigated Negative Declaration Page 91 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Mitigation Measures H-1 During construction, all soil identified with petroleum hydrocarbons, as shown in area B4 in Figure 1 of the Phase II investigation, shall be remediated or removed from the site. Following completion of demolition activities on all or part of the site, a qualified hazardous materials specialist shall conduct soil gas testing at the location of the residential structures proposed on the site, as recommended by the Phase II investigation. If any testing sites reveal contamination in excess of the EPA Region 9 Residential Regional Screening Level thresholds, measures to minimize intrusion of pollutants into residences shall be applied as determined by the hazardous materials specialist. City of Tustin-Initial Study/Mitigated Negative Declaration Page 92 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IX. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or ❑ ❑ X ❑ waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ X ❑ supplies or interfere substantially with groundwater recharge such that there would be a deficit in aquifer volume or lowering of the local groundwater table? c) Substantially alter the existing ❑ ❑ X ❑ drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or offsite? d) Substantially alter the existing ❑ ❑ X ❑ drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? e) Create or contribute runoff water ❑ ❑ X ❑ 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 ❑ ❑ X ❑ quality? g) Place housing within a 100-year flood ❑ ❑ ❑ X hazard area? h) Place within a 100-year flood hazard ❑ ❑ ❑ X area structures that could impede or redirect flood flows? i) Expose people or structures to loss, ❑ ❑ ❑ X injury or death from flooding, including flooding as a result of the failure of a levee or dam? j) Expose people or structures to ❑ ❑ ❑ X inundation by seiche, tsunami, or mudflow? City of Tustin-Initial Study/Mitigated Negative Declaration Page 93 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Explanation of Checklist Responses Would the project: a) Violate any water quality standards or waste discharge requirements? Response: Less than Significant Impact - This section is divided into analyses for Short-term Construction Impacts and Long-term Operational impacts. Short-term Construction During construction activities, excavated soil would be exposed, and there would be an increased potential for soil erosion and sedimentation compared to existing conditions. In addition, chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and concrete-related waste may be spilled or leaked and have the potential to be transported via storm runoff into receiving waters. The project is subject to regulation under the National Pollutant Discharge Elimination System (NPDES) permit program. To implement NPDES requirements, the State Water Resources Control Board (SWRCB) issued the statewide NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No 2009-009- DWQ, as amended by Order No. 2010-0014-DWQ, NPDES No. CAS000002). Under this Construction General Permit, individual NPDES permits or Construction General Permit coverage must be obtained for discharges of stormwater from construction sites with a disturbed area of one or more acres and are required to either obtain individual NPDES permits for stormwater discharges or be covered by the Construction General Permit. During construction, the total disturbed soil area would be 6.81 acres. Because the proposed project disturbs greater than 1 acre of soil, the project site is subject to the requirements of the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. Coverage under the Construction General Permit is accomplished by completing and filing Permit Registration Documents (PRDs) with the SWRCB prior to commencement of construction activities. Among the PRDs are a Risk Assessment, a Site Map, and a Storm Water Pollution Prevention Plan (SWPPP). The primary objective of the SWPPP is to identify, construct, implement, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in stormwater discharges and authorized non-stormwater discharges from the construction site during construction. The Construction General Permit requires dischargers to assess the risk level of a project based on both sediment transport and receiving water risk, and each project would then be categorized into Risk Level 1, 2, or 3, with increased monitoring required for certain higher-risk sites. Sections 8923 and 8924 of the TCC provide additional regulation of erosion and sediment control and water quality requirements. Pursuant to PPP-5, the project would be required to prepare a SWPPP and implement construction BMPs that are detailed in the SWPPP during construction activities. Construction BMPs would include, but not be limited to, Erosion Control and Sediment Control BMPs designed to minimize erosion and retain sediment on site, and Good Housekeeping BMPs to prevent spills, leaks, and discharge of construction debris and waste into receiving waters. Compliance with the NPDES and TCC requirements would reduce the project's construction related impacts to water quality to a less than significant level. City of Tustin-Initial Study/Mitigated Negative Declaration Page 94 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Long-Term Operations Pollutants of concern during operations include sediments, nutrients, pathogens, pesticides, oil and grease, and trash and debris, all of which are typically associated with residential development. The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer (drain) systems (MS4s). The Orange County Flood Control District, the County of Orange, and the City of Tustin, along with other incorporated cities in Orange County (Permittees), discharge pollutants from their MS4s.These discharges are regulated under countywide waste discharge requirements contained in Order No. R8-2009-0030 (as amended by Order No. R8-2010-0062), Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County within the Santa Ana Region Area-wide Urban Storm Water Runoff Orange County, which was approved on May 19, 2011 The Permit requires the development and implementation of a program addressing storm water pollution issues in development planning for private projects. The County Model Water Quality Management Plan (WQMP) was developed as part of the municipal storm water program to address storm water pollution from new Development and Redevelopment by the private sector, which the City of Tustin uses as a template for project WQMPs. The Model WQMP describes the process for preparing Conceptual or Preliminary WQMPs and final Project WQMPs for certain new development and significant redevelopment projects called "Priority Projects," which the project would be considered. As a Priority Project, the project would be required to prepare a WQMP that specifies the proposed BMPs to mitigate storm water pollution from the proposed development. The Model WQMP contains a list of the minimum required BMPs that must be used for a development project. These requirements are reflected in PPP-5. Additionally, the project would be subject to compliance with the City's Master Plan of Drainage and CMMC Title 15 Chapter III. Compliance with these requirements would reduce the project's potential impacts to water quality to less than significant levels. Would the project: b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a deficit in aquifer volume or lowering of the local groundwater table? Response: Less than Significant Impact — The project site is within the service area of the City of Tustin Public Works Department, Water Services Division. The Water Services Division prepared a 2010 Urban Water Management Plan (UWMP), which provides information on the present and future water resources and demands and assesses water resource needs for the utility. According to the UWMP, the main sources of water supply are groundwater pumped from wells within the Lower Santa Ana River Groundwater Basin and imported water from the Municipal Water District of Orange County through East Orange County Water District. The UWM P reported current water demand to be 13,000 acre-feet per year, consisting of 11,110 acre-feet of groundwater and 1,890 acre-feet of imports, and projects a 7 percent increase in population by the year 2035. Accompanying the increase in population would be a 17 percent increase in demand for water, including the addition of over 1,200 new residential accounts. The UWMP determined that the City is capable of meeting the water demands of its customers in normal, single dry, and multiple dry years between 2015 and 2035, taking into account the projected increase in demand. City of Tustin-Initial Study/Mitigated Negative Declaration Page 95 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis The project provides new residential units that are within the total increase in demand anticipated by the UWMP, and the demolition of the existing commercial buildings would partially offset the increase in demand. In addition, the City of Tustin Public Works Department concluded in a will serve letter dated December 1, 2015 that they are capable of meeting the water demands of the project. Based on these factors, project implementation would result in a less than significant impact involving groundwater. Would the project: c) Substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or offsite? d) Substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? 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? Response: Less than Significant Impact — The project site is generally flat, and the project would require limited earthworks of 9,100 CY of cut and 4,100 of fill. As required by regulation and implemented through PPP-5, the project would comply with NPDES requirements for control of discharges of sediments and other pollutants during construction. This requires preparation of a SWPPP, which is submitted to the State Water Resources Control Board. As implemented through PPP-5, the project would comply with NPDES requirements for control of discharges of sediments and other pollutants during operations of the facility through preparation and implementation of a WQMP in compliance with the Municipal Separate Storm Sewer System (MS4) Permit in effect for the Santa Ana RWQCB at the time of grading permit application. A Draft WQMP has been prepared for the project (Appendix E). The WQMP shows that the proposed grading design, with the application of Low Impact Development (LID) Best Management Practices (BMPs) that are incorporated into the WQMP, would result in post- development stormwater runoff conditions not being significantly different from pre-development conditions. A significant difference is defined by the RWQCB's WQMP guidance as a change in stormwater runoff volume and time of concentration of 5 percent or greater. With the application of PPP-5, requiring preparation and implementation of a SWPPP to control construction-period discharges of sediments and preparation and implementation of a WQMP to control operational-period discharges of sediments, the project would result in less than significant impacts associated with on- or offsite erosion, siltation, or flooding. Would the project: g) Place housing within a 100-year flood hazard area? h) Place within a 100-year flood hazard area structures that could impede or redirect flood flows? I) Expose people or structures to loss, injury or death from flooding, including flooding as a result of the failure of a levee or dam? City of Tustin-Initial Study/Mitigated Negative Declaration Page 96 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Response: No Impact—The project site is not located within a 100-year flood hazard area. There will be no impact related to housing being placed in a 100-year flood hazard area, or to structures being placed in a flood hazard area that could impede or redirect flood flows. There are no levees or dams with the potential to inundate the site in the case of their failure. Source: Federal Emergency Management Agency, Flood Insurance Rate Map, Panel 06059CO277J, eff. 12/3/2009. Would the project: j) Expose people or structures to inundation by seiche, tsunami, or mudflow? Response: No Impact—The proposed project would not expose people or structures to inundation by seiche, tsunami, or mudflow. The site is not near the coastline and would not be impacted by tsunami waves. There are no standing bodies of water, either onsite or offsite, that could generate seiche waves. Seiches are standing waves in an enclosed or partially enclosed body of water, such as a lake, that that can be caused by seismic activity. The site and its surrounding area are generally flat, preventing substantial mudflows. No impacts would occur on the site as a result of a seiche, tsunami, or mudflow. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies PDFs There are no PDFs related to hydrology and water quality. PPPs The following measure is a standard condition of development and existing plan, program, or policy (collectively referred to as PPPs) that apply to the proposed project and would help to reduce and avoid potential impacts related to hydrology and water quality. These actions would be included in the project's mitigation monitoring and reporting program: • See PPP-5, above Mitigation Measures No mitigation measures are necessary because no significant impacts to hydrology and water quality have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 97 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X. LAND USE AND PLANNING Would the project: a) Physically divide an established ❑ ❑ ❑ X community? b) Conflict with any applicable land use ❑ ❑ X ❑ plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ❑ ❑ ❑ X conservation plan or natural community conservation plan? Explanation of Checklist Responses Would the project: a) Physically divide an established community? Response: No Impact — Implementation of the proposed project would not change the existing parcel configuration within the project site orwithin the local areas, norwould it change the existing street layout. The project site is surrounded by a wide range of uses, including commercial, light industrial, residential, and is adjacent to a highway, 1-5. Vehicular access to the proposed project would be provided by four driveways along W. 6th Street in the northern portion of the project site and one driveway to B Street to the west. The project would not result in the closure of any public rights-of-way or otherwise impede movement in the area. Therefore, future development of the property would be compatible with the surrounding community and would not physically divide an established community; no mitigation is required. Would the project: b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Response: Less than Significant Impact—The proposed residential project would conflict with the existing Industrial General Plan land use designation for the site. The project proposes to change the General Plan land use designation of the project site from Industrial to Planned Community Residential (PC Residential). According the City's Land Use Element, the purpose of the PC City of Tustin-Initial Study/Mitigated Negative Declaration Page 98 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Residential is to allow for the diversification in the relationships of various densities, building and open spaces. The land use designation recognizes that mixed and integrated uses can be made to be compatible and provides for the development of low, medium and high density residential development within a wide range of living accommodations. The actual mechanism for defining location, density range and other building intensity standards will specifically be governed by Planned Community (P-C) District provisions. The project site currently has a zoning designation of Planned Industrial (PM). The project proposes to rezone the site to P-C District. According the City's Zoning Code, the purpose of the P-C District is to allow diversification of the relationships of various buildings, structures and open spaces in planned building groups while insuring substantial compliance with the district regulations and other provisions of TCC Chapter 2, Part 2, Section 9244. The City's P-C zoning district provides the mechanism for creating special land use regulations to best meet the needs of the project area. The proposed project would be consistent with the amended General Plan and Zoning Code designation and would not conflict with any policy adopted for the purpose of avoiding or mitigating an environmental effect. The amended land use designations would be compatible with development patterns in the areas, including low density residential to the north, high density residential to the north east, northwest and south across 1-5, as well as Old Town commercial land use destination to the east of the project site. Impacts would be less than significant and no mitigation measures are required. Sources: TCC Code § 9244. Would the project: c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Response: No Impact —The project site is not within a habitat conservation plan or natural community conservation plan and there would be no impact. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to land use and planning. Mitigation Measures No mitigation measures are necessary because no significant impacts to land use and planning have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 99 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XI. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a ❑ ❑ ❑ X 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 ❑ ❑ ❑ X locally-important mineral resource recovery site delineated on the general plan, specific plan or other land use plan? Explanation of Checklist Responses 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? Response: No Impact — The project site is not utilized for mineral extraction, nor has it been identified as having important resources. There would be no impacts and no mitigation is required. Would the project: b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on the general plan, specific plan or other land use plan? Response: No Impact—The project site is not located within an area known to be underlain by regionally- or locally-important mineral resources, or within an area that has the potential to be underlain by regionally- or locally-important mineral resources. There would be no impacts and no mitigation is required. Source: City of Tustin General Plan (2013). Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to mineral resources impacts. City of Tustin-Initial Study/Mitigated Negative Declaration Page 100 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Mitigation Measures No mitigation measures are required because no significant impacts to mineral resources have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 101 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. NOISE Would the project: a) Expose persons to, or generate, noise ❑ X ❑ ❑ levels in excess of standards established in the general plan or noise ordinance, or other applicable standards? b) Expose persons to, or generate, ❑ ❑ X ❑ excessive groundborne vibration or groundborne noise levels? c) Result in a substantial permanent ❑ ❑ X ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? d) Result in a substantial temporary or ❑ ❑ X ❑ periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) Expose people residing or working in ❑ ❑ ❑ X the project area, where the project is located within an airport land use plan, to excessive noise levels? f) Expose people residing or working in ❑ ❑ ❑ X the project area, where the project is located within the vicinity of a private airstrip, to excessive noise levels? Explanation of Checklist Responses Standards of Significance Noise impacts are considered significant if they expose persons to levels in excess of standards established in local general plans or noise ordinances. The exterior noise standard for the City of Tustin multi-family residential uses is 65 A-weighted decibels (d BA) community noise equivalent level (CNEL) in usable outdoor space such as backyards, decks, patios, etc. If required, attenuation through setback and project perimeter barriers is anticipated to be used to reduce traffic noise to the 65 dBA CNEL goal. However, an inability to achieve this goal through the application of reasonably available mitigation measures could be considered a significant impact. City of Tustin-Initial Study/Mitigated Negative Declaration Page 102 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Impacts may also be significant if they create either a substantial permanent or temporary increase. The term "substantial" is not quantified in CEQA guidelines. In most environmental analyses, "substantial" is taken to mean a level that is clearly perceptible to humans. In practice, this is at least a +3 dB increase. Some agencies, such as Caltrans, require substantial increases to be +10 dB or more if noise standards are not exceeded by the increase. For purposes of this analysis, a +3 dB increase is considered a substantial increase. The following noise impacts due to project-related traffic would be considered significant: 1) If project traffic noise were to cause an increase by a perceptible amount (+3 dB CNEL) or expose receivers to levels exceeding city compatibility noise standards. 2) If future build-out noise levels were to expose on site sensitive receivers to levels exceeding compatibility standards of 65 dB CNEL exterior at any outdoor uses or 45 dB CNEL interior noise levels in any habitable space. General Plan. Noise standards for the City of Tustin are contained in the General Plan, Noise Element General Plan Table N-2 provides a land use matric of compatible uses (shown here as Table 4-8, Land Use Noise Compatibility Matrix). The Noise Element of the General Plan contains noise compatibility standards for use in assessing the compatibility of various land use types with a range of noise levels. CNEL guidelines for specific land uses are classified into four categories: (A) "clearly compatible," (B) "normally compatible," (C) "normally incompatible," and (D) "clearly incompatible." If a project falls within Zone A or Zone B the project is considered compatible with the noise environment. The City of Tustin considers noise levels of up to 60 dB "clearly compatible" (Zone A) for residential use and levels of up to 65 dB to be "normally" compatible (Zone B). Normally compatible requires that new development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features in the design are determined. Typically, conventional construction with closed windows and a fresh air supply system or air conditioning will suffice. Zone C shows that substantial noise mitigation will be necessary, such as construction of noise barriers and incorporation of additional building sound insulation. However, projects in Zone C can be successfully mitigated. An interior CNEL of 45 dB is mandated by the State of California Noise Insulation Standards (CCR, Title 24, Part 6, Section T25-28) for multiple family dwellings and hotel and motel rooms. Municipal Code. Noise standards are also contained in the Tustin City Code (TCC), Chapter 6, Noise Control. The TCC limits the noise level generated on a property that can cross to a neighboring property, primarily to minimize any adverse impact adjoining residential uses. Ordinance limits generally apply to "stationary" sources such as mechanical equipment, manufacturing activities, or vehicles operating on private property. Control of on-road transportation noise is pre-empted from local control. Because the City of Tustin cannot regulate noise generation by the source (traffic), it regulates the pattern of land use exposed to such noise through the Noise Element of the General Plan. Section 4614 of the TCC, shown in Table 4-9, provides noise ordinance limits which are stated in terms of a 30-minute limit with allowable deviations from this 50th percentile standard. The louder the level becomes, the shorter the time becomes that it is allowed to occur. City of Tustin-Initial Study/Mitigated Negative Declaration Page 103 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Table 4-8 Land Use Noise Compatibility Matrix LAND L 5 CATEGORIES, COI,LR:,NTn NOISE EQL-rVAL.F.\T LEVEL CNIEL CATFG(--)RIES L'SE_; li0 0 70 75 50> RESIDF\ML L. Single Family,Duplex,Multiple Family A A B C C D D RESIDE\71AL Mobile Hoine A A B C C D D COhLIIERCLNL Hotel,Motel,Transient Lodging Regional,District A A B B C D COAIIIIERCIAL Conrnnerial Retail,Bank,Restaurant, Regional,Village movie Theater A A A F B C District,Special CON1hIERCLAL Office Building,Research and Develop- INDUSTRLCIL musProfessional Offices,City-Office A A A F F C D NA I\ST -_17ICL Building CONIMERCL-kL Aniphitheater,Concert Hall Recaeation INSTITLTIONAL Auditoriunk Meeting Hall l B C r' D t` Civic Center CD:\LN[ERC'IAL Children's Anntisement Park,Nliniahrre Recreatiml Golf Coume,Go-cart Tract:,Ectiteshian A Y P, F D D Center,S sorts Club CO.\LMERCIAL Automobile Service Station.Auto Geneial,Spial Dealership,Mallutachuing, A A A A F B & LNDL'STRIAL,L\STITLTiO\AL EVamhousing.MiolesNxle,Utilities LNSTITL-nO.IAL Hospital,Cluuch,Library,Schools' General Classroom OPE.\SPACE Parks A A A B D D OPE..'`SPACE Golf Course,Cemeteries,Nahue Centers - Wildlife Resenes,Wildlife Habitat A A A � B C AGRICULTLT.E Agricirltnue A A I\'TERPRETATIO\ ZO E A 5pecihed lanes we is satistactorv,l+iced<<pon the assumption that anv tmildings involved are of normal CLEARLY COMPATIBLE conventional construction without anvspecial noise insulation require lents. ZO\E B New constructimi or development should be undertaken only after detailed analysis of the noise reduction N(MNIALL1 C C)MPATIBLE requirements are made and needed noise insulation features in the design are determined.Conventional construction.with dosed windows and fresh air sul pIv systems or air conditioning,will nor•:nally suffice. ZONE C Ntnv construction or development should generally be discouraged. If new construction or development NORMALLY"INCOMPATIBLE does proceed. a detailed analysis of noise reduction iecluirernents must be made and needed noise insulation features included in the design ZO1tiE D New constriction or development should generally not L e .Lndertaken CtEA RLl'L`CO,IPATIBLE Sourca ;T.Van Houtea S Associates Residential development of the project parcel could place potential noise constraints upon the remaining light industrial/commercial uses to the east and west of the project site. As subsequently discussed, this "new" constraint is not anticipated to be a significant source of impact on these businesses because the uses are not typically noise generating land uses that would create a conflict with the proposed residences. City of Tustin-Initial Study/Mitigated Negative Declaration Page 104 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Tustin noise standards apply to all property within a designated noise zone as follows: Table 4-9. Tustin City Code Noise Standards Noise Zone Noise Level Time Period 1 Residential 55 dB 7:00 a.m. - 10:00 p.m 50 dB 10:00 p.m. —7:00 a.m. 2 Commercial 60 dB anytime 3 Industrial 70 dB anytime 4 Churches, Hospitals, Public Institutions 55 dB anytime 5 Mixed Use Properties 60 dB anytime Source: TCC Section 4614 - EXTERIOR NOISE STANDARDS It shall be unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on any residential, public institutional, professional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards: (a) For a cumulative period of more than thirty(30) minutes in any hour; (b) Plus 5 dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; (c) Plus 10 dB(A) for a cumulative period of more than five (5) minutes in any hour; (d) Plus 15 dB(A) for a cumulative period of more than one (1) minute in any hour; or (e) Plus 20 dB(A) for any period of time. In the event the ambient noise level exceeds any of the first four(4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. The City of Tustin limits construction activities to between the hours of 7:00 a.m. and 6:00 p.m., Mondays through Friday, and the hours of 9:00 a.m. and 5:00 p.m. on Saturday and never on Sundays or city-observed federal holidays. Construction activities that occur during allowable hours are exempt from noise standards. Would the project: a) Expose persons to, or generate, noise levels in excess of standards established in the general plan or noise ordinance, or other applicable standards? Response: Less than Significant with Mitigation — The City of Tustin Noise Element of the General Plan establishes noise requirements for indoor and outdoor residential uses. Both standards are based upon the CNEL Index and are 65 dB CNEL for exterior noise and 45 CNEL for interior noise. City of Tustin-Initial Study/Mitigated Negative Declaration Page 105 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis The proposed project would create noise during project construction, which would be short term in nature and project implementation and operation would create stationary noise sources within the project site in the long term. The City of Tustin limits construction activities to between the hours of 7:00 a.m. and 6:00 p.m., Mondays through Friday, and the hours of 9:00 a.m. and 6:00 p.m. on Saturday and never on Sundays or city-observed federal holidays. Construction activities that occur during allowable hours are exempt from noise standards. The noises associated with the ongoing operations of the project would include typical noise sources associated with residential land use. The principal source of offsite noise in the project area would be traffic on the freeway and local roadways. No significant impact is expected from noise because the proposed multifamily land use is not expected to generate higher levels of noise than the existing uses onsite, or the single-family dwellings across the street. Additionally, the most significant source of noise in the project vicinity is 1-5 freeway and traffic noise from W. 6th Street. Noise measurements were taken in order to document existing baseline levels in the area, with freeway traffic noise exposure being a concern for proposed units closest to 1-5. Onsite noise measurements were made on January 21-22, 2016, for 24+ hours to better isolate any possible noise constraint upon the lay-out of the proposed project. The location of each meter is shown in Figure 15, Noise Meter Locations; the long-term readings resulting CNEL are shown in Table 4- 10 and the short-term measurement results are shown in Table 4-11. The meter locations were selected based on the proposed site plan, including where residences are planned in relation to 1-5, surrounding streets, and the proposed location of the community recreation area. One meter was placed at the cul-de-sac closest to 1-5, and one meter was placed along the 6th Street project frontage at 420 W 6th Street. Both meters measured hourly average readings (Leq) which were then used to calculate the 24-hour weighted CNEL for comparison with City standards. Because of unique traffic patterns, i.e., rush hour congestion severely reducing travel speeds, the 24-hour noise pattern is disrupted from more typical suburban exposures. In particular, the noisiest hours of the day are 6-7 a.m., and 9 a.m. to noon. The ten-fold artificial weighting of pre-7 a.m. noise levels in the CNEL metric makes the 6-7 a.m. reading the most dominant measurement. Airplanes and jets landing at John Wayne Airport as well as other short- term single noise events were measured by the long-term meters and accounted for the in the 24-hour weighted CNEL. Table 4-10. Long-Term Monitoring Results (Resultant CNEL) Measurement Meter 1 Meter 2 Parameter 24-Hour CNEL 73.1 63.1 A supplemental noise measurement was made on January 25, 2016, to further refine the site noise distribution and to confirm the repeatability of the 24-hour readings near 1-5. Four 15-minute increments were selected as follows (dB): City of Tustin-Initial Study/Mitigated Negative Declaration Page 106 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Figure 15. Noise Meter Locations RL 17, r . II a. rt i�rkp r L T F dY k t ' III Y Table 4-11. Short-Term Noise Meter Measurements (dB) Meter No. and Location Leq Lmax Lmin ST Meter 1: Cul-de-sac at"B" St/1-5 68 74 62 ST Meter 1: (24-hour reading) * 68 76 64 ST Meter 2: "B" St (1/2 way 1-5/6th St) 57 67 56 ST Meter 3: Custom Cabinet Shop 67 72 58 ST Meter 4: Self-Storage W of Site 66 72 62 *at same hour as short-term Outdoor Activity Areas The proposed residential units closest to 1-5 would be exposed to freeway traffic noise. The City of Tustin's acceptable noise/land use compatibility standard for exterior noise exposure in back yards, patios, pools, spas, common recreation areas is 65 dB CNEL. This noise level is exceeded close to 1-5. As shown in the Noise Impact Analysis, noise levels at the ground floorwere modeled at 74 dB and 79 dB at the second and third floors. General Plan Table N-3, Interiorand Exterior Noise Standards, note 4, specifically defines outdoor environments that must need the 65 dB CNEL limit. Outdoor environments are limited to rear yard of single-family homes, multifamily patios and balconies (with a depth of 6 feet or more) and common recreation areas. No rear yards, patios or balconies with a depth of 6 feet or more are planned for any of the residential units, particularly those along 1-5. Therefore, the patios and balconies are not the type of outdoor environments subject to the 65 dB CNEL (for units along the freeway). City of Tustin-Initial Study/Mitigated Negative Declaration Page 107 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis The project's outdoor activity areas would be located along its W. 6th Street frontage. Existing noise was measured at 63 dB CNEL along W. 6th Street, which indicates that the outdoor recreational area would meet the City's exterior noise standard. Therefore, a less than significant noise impact would occur at the proposed project's outdoor activity areas. Interior Areas The basic freeway noise constraint is that the code-mandated interior standard of 45 dB CNEL must be met. As discussed above, noise levels at the ground floor were modeled at 74 dB CNEL and 79 dB CNEL at the second and third floors, respectively. The proposed project includes project design features (PDFs), which will be included in the project's mitigation monitoring and reporting program (MMRP), that ensure that residential interiors meet the City's interior 45 dB CNEL noise standard. The proposed project includes a noise wall along its frontage with 1-5 and structural noise attenuation features in order to meet the City's interior 45 dB CNEL noise standard. A 20-foot noise wall along the 1-5 freeway would be constructed within the project property line (PDF-2). The freeway is sloped such that the southeast end of the project site is 9.5 feet below freeway grade, and at the southwest portion of the site, there is a 4-foot depression in relation to the freeway. Thus, at project grade, a 20-foot noise wall would provide 10.5 feet of effective shielding from freeway noise along the southwest perimeter. At the southeast end of the site, a 20-foot wall would provide 16 feet of noise protection from freeway noise. See Figure 9, Sound Wall. Mitigation Measure N-1 requires architectural structural noise attenuation features to ensure the City's 45 dBA CNEL residential interior noise standard is met. Based on existing noise levels, all units would need to meet a noise level reduction (NLR) of 25 dB. Achieving an NLR of 25 dB is relatively easy with standard California Building Code (CBC) requirements, such mandatory dual- paned windows for energy conservation in new residential construction. With a 20-foot sound wall, a NRL of 25 dB would be achieved through standard building practices at the first and second floor units. Enhanced structural noise attenuation features with a reduction of 35 dB would be required at the third story units. Interior standards would be met as long as windows are closed. As required by the CBC, and outlined in PDF-1, the proposed project would install heating, ventilating, and air conditioning (HVAC) units in all residential units because window closure is a necessary condition to meet the interior noise exposure standard. As part of the Noise Impact Analysis, noise levels after implementation of PDF-2 was calculated. Noise at each of the three building levels was calculated separately, as ground floor receptors would experience the maximum benefit of a noise wall and third story receptors receiving the least.After noise levels were calculated, the effect of structural noise attenuation features required by Mitigation Measure N-1 was measured to ensure the project can meet the City's interior noise standards. The Noise Impact Analysis demonstrates that PDFs and proposed mitigation measures can effectively reduce the loudest noise and would result in interior noise levels in the range of 38.8 to 41.1 dB CNEL, which are within the City's 45 dB CNEL residential interior noise standard (see Noise Impact Analysis page 19, Tables 7 and 8). To ensure that these PDFs and mitigation measures adequately reduce interior noise levels, the project applicant/developer shall be required to provide a final acoustical analysis that demonstrates that adequate noise protection exists to meet the 45 dBA CNEL interior noise threshold for all for residences. Mitigation Measure N-1 requires that a final acoustical study be prepared that demonstrates that the interior noise levels in habitable rooms shall not exceed 45 dB CNEL, as defined by Title 24, Part 2, of the CBC. If necessary, the project applicant/developer shall provide structural components with higher STC ratings to ensure that the 45 dB CNEL City of Tustin-Initial Study/Mitigated Negative Declaration Page 108 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis threshold is met. With implementation of PDF-2 and mitigation measure N-1, a less than significant noise impact would occur at the proposed project's interior habitable areas. Existing Nearby Areas Conversion of light industrial uses to residences could create a noise constraint on remaining office and light industrial uses east and west of the project site. Whereas the surrounding land uses to east and west of the project site currently must meet Noise Zone 2 or 3 standards relative to existing project site uses, the proposed project would convert the site to a residential use subject to Noise Zone 1 noise limitations. Tustin noise standards apply to all property within a designated noise zone are shown in Table 4- 9 above. Conversion of the project site to residential uses could impose noise constraints on the self-storage use to the west and the light-industrial uses to the east. However, noise measurements indicated that adjacent uses create negligible noise levels and their operations would not be impacted if residential uses are developed on the project site. Light industrial/commercial uses to the east(glass shop, mechanical equipment, repair, etc.) have their offices facing S. B Street, while their rear roll-up doors face away from the project, which is shielded by the buildings themselves. The insurance agency and the church on the east side of S. B Street across the street from the project site are not significant noise generators of concern for the residential use. Any residential use on the project site is further not a new limitation to the adjacent light industrial/commercial uses because the single-family homes on the north side of west 6th Street are already Noise Zone 1. Given the existing noise environment that is dominated by the 1-5 freeway, the current noise constraints placed on non-residential uses on the project site and adjacent properties due to the existing single-family homes, and the nature of the offsite uses, which are not significant noise generators, impacts would be less than significant. Therefore, noise conflicts between the existing non-residential uses that would remain on adjacent properties after development of the residential project, would not result in significant impacts and no mitigation is required. Source: Appendix H, Noise Impact Analysis (Giroux&Associates, 2016). Would the project: b) Expose persons to, or generate, excessive groundborne vibration or groundborne noise levels? Response: Less than Significant Impact — Groundborne vibration and groundborne noise could originate from earth movement during the construction phase of the proposed project. Construction activities may result in short term impacts to the noise environment including groundbourne vibration and noise. However, the project's construction activities do not include activities known to induce strong vibration effects, such as those produced by tunneling or blasting. Vibration Noise Construction activities generate ground-borne vibration when heavy equipment travels over unpaved surfaces or when it is engaged in soil movement. The effects of ground-borne vibration include discernable movement of building floors, rattling of windows, shaking of items on shelves or hanging on walls, and rumbling sounds. Vibration related problems generally occur due to City of Tustin-Initial Study/Mitigated Negative Declaration Page 109 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis resonances in the structural components of a building because structures amplify groundborne vibration. Within the "soft' sedimentary surfaces of much of Southern California, ground vibration is quickly damped out. Groundborne vibration is almost never annoying to people who are outdoors (FTA 2006). Ground-borne vibration related to human annoyance is generally related to velocity levels expressed in decibel notation (VdB), the root mean square (RMS) velocity of a vibrating object. RMS velocities are expressed in units of vibration decibels. The range of VdB is as follows: 65 VdB —threshold of human perception 72 VdB —annoyance due to frequent events 80 VdB —annoyance due to infrequent events 94-98 VdB — minor cosmetic damage To determine potential impacts of the project's construction activities, estimates of vibration levels induced by the construction equipment at various distances are presented in Table 4-12. Table 4-12.Approximate Vibration Levels Induced by Construction Equipment Approximate Vibration Levels (VdB)* Equipment 25 feet 50 feet 75 feet 100 feet Large Bulldozer 87 81 78 75 Loaded Truck 86 80 77 74 Jackhammer 79 73 69 67 Small Bulldozer 58 52 43 46 * (FTA Transit Noise &Vibration Assessment, Chapter 12, Construction, 2006) The onsite construction equipment that would create the maximum potential vibration is a large bulldozer. The stated vibration source level in the FTA Handbook for such equipment is 81 VdB at 50 feet from the source. The closest sensitive uses are approximately 75 feet from the closest project perimeter, across 6th Street. By 75 feet the vibration level dissipates to 78 VdB which is within the threshold of human perception, and would be within the threshold of annoyance if it occurred frequently. However, large bulldozers and loaded trucks would only be used intermittently during a short period of time during demolition, which is scheduled to last approximately 20 days and because heavy equipment is mobile, it would only operate at the project perimeter near 6th Street for a short period of time. Existing traffic noise from 1-5 and 6th Street would help mask vibration noise. As discussed above, TCC 4617 states that noise associated with construction is exempt from the noise standards if the allowable hours are limited to the daytime. This limitation of construction activities to the hours of 7:00 a.m. and 6:00 p.m. would be effective since it would prohibit construction noise during the hours when people normally sleep and would prohibit construction noise during the early morning and evening when people are typically within their home and more sensitive to noise effects. Therefore, noise impacts from construction vibration would be less than significant and no mitigation is required. Structural Vibration Groundborne vibrations from construction activities rarely reach levels that can damage structures. Because vibration is typically not an issue, very few jurisdictions have adopted vibration significance thresholds. A vibration descriptor commonly used to determine structural City of Tustin-Initial Study/Mitigated Negative Declaration Page 110 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis damage is the peak particle velocity (ppv) which is defined as the maximum instantaneous positive or negative peak of the vibration signal, usually measured in in/sec. The range of such vibration is as follows in Table 4-13: Table 4-13. Human Response to Transient Vibration Average Human Response ppv (in/sec) Severe 2.00 Strongly perceptible 0.90 Distinctly perceptible 0.24 Barely perceptible 0.03 Source:Caltrans Transportation and Construction Vibration Guidance Manual,2013 According to Caltrans, the threshold for structural vibration damage for modern structures are 0.5 in/sec for intermittent sources. The American Association of State Highway and Transportation Officials (1990) identifies maximum vibration levels for preventing damage to structures from intermittent construction or maintenance activities for residential buildings in good repair with gypsum board walls to be 0.4-0.5 in/sec. The damage threshold criterion of 0.2 in/sec is appropriate for fragile buildings. Old Towne Tustin Cultural Resources District is located north of the project site, across 6th Street. The closest fragile buildings are approximately 75 feet from the project boundary on 6th Street. To be conservative, for the purpose of this analysis and because residential structures across 6th Street are in a historic district and could be considered fragile, the 0.2 in/sec damage threshold for older fragile buildings is used. Below this level there is virtually no risk of building damage. Table 4-14 shows that the predicted vibration levels generated by construction equipment would be 0.089 in/sec at 25 feet and 0.017 at 75 feet, which is well below levels that could create structural damage in fragile buildings (i.e., 0.2 in/sec). Therefore, vibration impacts from would be less than significant and no mitigation is required. Table 4-14. Estimated Vibration Levels During Project Construction PPV PPV PPV PPV PPV Equipment at 25 ft at 50 ft at 60 ft at 75 ft at 100 ft (in/sec) (in/sec) (in/sec) (in/sec) (in/sec) Large Bulldozer 0.089 0.031 0.024 0.017 0.011 Loaded trucks 0.076 0.027 0.020 0.015 0.010 Jackhammer 0.035 0.012 0.009 0.007 0.004 Small Bulldozer 0.003 0.001 0.001 <0.001 <0.000 Source: Giroux&Associates, 2016 Source: Appendix H, Noise Impact Analysis (Giroux&Associates, 2016). Would the project: c) Result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? City of Tustin-Initial Study/Mitigated Negative Declaration Page 111 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Response: Less than Significant Impact - Long-term noise impacts from the proposed project would be primarily from project-related traffic on roadways adjacent to the project site. Table 4-15 summarizes the calculated 24-hour CNEL level at 50 feet from the roadway centerline along project adjacent roadway segments. Two timeframes were evaluated; existing conditions with and without project, and year 2035 with and without project. The noise analysis utilized data from the project's Traffic Study (Appendix H). Table 4-15. Traffic Noise Impact Analysis (CNEL in dBA at 50 feet from Centerline) Roadway Segment Existing +Existing Project 2035 2035+ Project Pacific Main-6th 53.6 53.4 53.6 53.6 S of 6th 39.3 39.3 39.3 39.3 South B/ N of Main 55.3 55.2 55.3 55.3 Main-6th 54.0 54.0 54.0 54.3 6th-N Driveway 49.7 52.0 49.7 52.0 N Driveway-S Driveway 49.7 52.3 49.7 52.3 Main St/ W of Pacific 62.5 62.5 64.2 64.2 Pacific-South B 62.1 62.1 64.0 64.0 E of B 62.1 62.1 63.7 63.7 EI Camino Real/ N of 6th 65.3 65.3 65.3 65.3 S of 6th 66.1 66.1 66.1 66.1 6th/ W of Pacific 55.2 55.2 55.2 55.2 E of Pacific 54.7 54.7 54.7 54.7 W of W Driveway 60.2 60.2 60.2 60.2 W Driveway-Center Drive 60.6 60.6 60.6 60.6 E of Center Drive 1 60.6 60.6 60.6 60.6 W of East Drive 54.9 53.5 54.9 53.6 E of East Drive 54.9 53.6 54.9 53.9 W of South B 55.2 47.9 55.2 48.6 E of South B 56.8 54.3 56.8 54.3 W of EI Camino Real 57.7 57.5 57.7 57.6 E of EI Camino Real 54.0 53.6 54.0 53.6 W of Newport 57.6 55.4 57.6 55.9 Newport/ N of 6th 69.2 69.2 69.4 69.4 S of 6th 69.3 69.1 69.5 69.3 N of EI Camino Real 69.4 69.3 69.4 69.4 EI Camino Real-1-5 NB Ramp 70.1 70.0 70.6 70.6 1-5 NB Ramp-1-5 SB Ramp 69.9 69.9 71.1 71.1 S of SB Ramp 69.7 1 69.7 1 70.5 L 70.5 As shown in Table 4-15, no segments would exceed the +3 dB CNEL threshold. The largest project noise increase would be on S. B Street, south of 6th Street. These noise increases occur at the project's driveways along 6th Street and would not impact any existing sensitive use because even under the 2035 plus project scenario, noise levels are less than 53 dB CNEL and well within the recommended 65 dB CNEL residential noise compatibility threshold. One roadway segment would exceed the +3 dB threshold. However, this segment on S. B Street between the project's north driveway and the project's south driveway, is adjacent to light industrial uses and City of Tustin-Initial Study/Mitigated Negative Declaration Page 112 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis would not impact any existing sensitive use. In addition, the 2035 plus project scenario is less than 56 dB CNEL, which is well within the recommended residential noise compatibility threshold. Noise from the adjacent freeway would also mask this noise impact. Several segments are predicted to experience a noise decrease because the project would generate fewer trips during peak traffic hours compared to existing conditions. Therefore, project traffic noise impacts are considered to be less than significant and no mitigation is required. Source: Appendix H, Noise Impact Analysis (Giroux &Associates, 2016). Would the project: d) Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Response: Less than Significant Impact—The nearest sensitive noise receptors in the vicinity of the project site are the residential uses across 6th Street, approximately 75 feet away. Development of the project may result in an audible short-term and intermittent increase in noise levels related to grading and construction. No sources of short-term or intermittent noise sources are proposed that would be associated with the on-going operations of the proposed residential project. The City Noise Ordinance is codified in the TCC, and recognizes the potential increase in noise associated with any construction project and provides a specific exemption for such noise. The TCC limits construction activities to between the hours of 7:00 a.m. and 6:00 p.m., Mondays through Friday, and the hours of 9:00 a.m. and 5:00 p.m. on Saturday and never on Sundays or city-observed federal holidays. TCC Section 4617 states that noise associated with construction is exempt from the noise standards if the allowable hours are limited to the daytime. This limitation of construction activities to the hours of 7:00 a.m. and 6:00 p.m. would be effective since it would prohibit construction noise during the hours when people normally sleep and would prohibit construction noise during the early morning and evening when people are typically within their home and more sensitive to noise effects. Therefore, impacts would be less than significant and no mitigation is required. Would the project: e) Expose people residing or working in the project area, where the project is located within an airport land use plan, to excessive noise levels? f) Expose people residing or working in the project area, where the project is located within the vicinity of a private airstrip, to excessive noise levels? Response: No Impact —John Wayne Airport is located 4.24 miles southwest of the project site. The project site is not within the John Wayne Airport Land Use Plan. Airplane overflight does occur in the project area; however, the noise associated with the overflights do not result in measurements that exceed the City's noise standards. There are no other private airfields or airstrips in the vicinity of the project site. In addition, a private airstrip is not proposed as part of the project. Therefore, the proposed project would not expose people to excessive noise levels associated City of Tustin-Initial Study/Mitigated Negative Declaration Page 113 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis with operations at a private airstrip or helipad; no impacts would result from excessive noise generated by a private airstrip. There would be no impact. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies PDFs The following PDF is incorporated into the project by the applicant, and would reduce impacts related to noise. This action would be included in the project's mitigation monitoring and reporting program: PDF-2: Noise Wall The project shall provide a minimum 20-foot high sound wall along the project's interface with Interstate 5, adjacent to the southern property boundary. PPPs The following measures are standard conditions of development and existing plans, programs, or policies (collectively referred to as PPPs) that apply to the proposed project and would help to reduce and avoid potential impacts related to noise. These actions would be included in the project's mitigation monitoring and reporting program: PPP-1: Construction Hours Refer to section I. Aesthetics for the text of this PPP. Mitigation Measures N-1 Structural Noise Attenuation and Final Acoustical Report. Prior to the issuance of a building permit for residences adjacent to the freeway (Interstate 5), the Project Applicant/ Developer shall submit a final acoustical report to the City of Tustin Director of Development Services, or designee, that demonstrates that the interior noise levels in all habitable rooms shall not exceed 45 A-weighted decibels (d BA) Community Noise Equivalent Level (CNEL), as defined by Title 24, Part 2, of the California Building Code. If necessary, particularly for third-floor units, the Project Applicant/Developer shall provide structural components with higher STC ratings to ensure that the 45 dB CNEL interior threshold is met. Structural noise attenuation features for third-floor units are outlined in the "Building Requirements for a Minimum Noise Level Reduction (NRL) of 35 dB" provided in Appendix B of the project's Noise Impacts Analysis (Giroux & Associates, 2016; provided as Appendix H of this Initial Study/Mitigated Negative Declaration) City of Tustin-Initial Study/Mitigated Negative Declaration Page 114 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth ❑ ❑ X ❑ in an area, either directly or indirectly? b) Displace substantial numbers of ❑ ❑ ❑ X existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ❑ ❑ ❑ X people, necessitating the construction of replacement housing elsewhere? Explanation of Checklist Responses Would the project: a) Induce substantial population growth in an area, either directly or indirectly? Response: Less Than Significant Impact—The proposed project includes the development of a residential community consisting of 140 townhomes, which may slightly increase the residential population in the City. According to the General Plan, the proposed project would generate 2.24 persons per dwelling. Therefore, buildout of the project would increase population by an estimated 314 persons. The population of the City of Tustin is 75,540 and is forecast to increase from 81,300 in 2020 to 82,900 in 2035. The addition of 314 new residents would be approximately 0.4 percent of the estimated City's population now, in 2020 and 2035. The project proposes to change the General Plan land use designation of the project site from Industrial to Planned Community (PC) Residential, which would allow a maximum of 20.6 du/ac. The proposed project would include approximately 20.6 du/ac. In addition, the increase in population resulting from the proposed project is not considered significant because it only comprises a small portion (less than 1 percent) of the total population of the City and does not represent a substantial increase in population. In addition, the Regional Housing Needs Assessment Allocation Plan, mandated by the California State Housing Element law as part of the process of updating local housing elements of the General Plan, has quantified a range of housing needs by income groups for each jurisdiction during specific planning periods. The proposed project would help to meet the housing needs of the City of Tustin. Source: California Department of Finance; General Plan (Land Use Element, Table LU-2). California Department of Finance (CDF). 2014, May. E-5 Population and Housing Estimates for City of Tustin-Initial Study/Mitigated Negative Declaration Page 115 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Cities, Counties, and the State, January 2011- 2014. http://www.dof.ca.gov/research/demographic/reports/estimates/e-5/2011-20/view.php. Would the project: 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? Response: No Impact—The project would replace a 183,430-square-foot light industrial office park with 140 residential units. The property contains no residential structures and there would be no need to construct replacement housing. There is no impact associated with the displacement of substantial numbers of existing housing or substantial numbers of people. No further analysis of this issue is required. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to population and housing impacts. Mitigation Measures No mitigation measures are required because no population and housing impacts have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 116 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of 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: Fire protection? ❑ ❑ X ❑ Police protection? ❑ ❑ X ❑ Schools? ❑ ❑ X ❑ Parks? ❑ ❑ X ❑ Other public services/facilities? ❑ ❑ X ❑ Explanation of Checklist Responses a) Would the project result in substantial adverse physical impacts associated with the provision of 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.- Fire or.Fire protection? Response: Less than Significant Impact — Fire services for Tustin are provided by Orange County Fire Authority (OCFA). The OCFA is a regional fire service agency that provides structure fire protection, emergency medical and rescue services, hazardous materials inspections and response, and public education activities to almost 1.7 million residents in 23 cities, and all unincorporated areas, in the County. The OCFA consists of 7 divisions, 9 battalions, 71 fire stations, 951 firefighters, 6 executive chiefs, and 248 professional staff members. In addition, the OCFA has 192 authorized reserve firefighters. Response times in the City vary based on the level of emergency; however, the response time goal is for the first unit to arrive on scene 7 minutes and 20 seconds from receipt of the call, 80 percent of the time. Three fire stations are strategically located throughout the City of Tustin, providing primary response for fire suppression and emergency medical services to the community. Station 37 and Station 21 are the closest to the project site. Fire Station 37 is located at 15011 Kensington Park Drive, approximately 1.9 miles (6 minutes) from the project site. Fire Station 21 is located at 1241 Irvine Blvd., approximately 1.5 miles (5 minutes) away. City of Tustin-Initial Study/Mitigated Negative Declaration Page 117 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Project compliance with requirements set forth in the City's Building Regulations (Article 8 of the TCC), which references the City-adopted California Fire Code, 2013 Edition, would provide fire protection for people and structures, as well as emergency medical services on site. In addition, as discussed in Section 4.16, Traffic and Transportation, the proposed project would not result in a significant traffic impact to any study area intersections. Therefore, the proposed project would not impair emergency response vehicles, and average response times in the area would remain within acceptable response time limits. As a standard condition of approval, the project would be required to prepare a fire master plan, required by OCFA prior to issuance of a building permit. The fire master plan identifies standard design features, including the design of fire department connections. (See PPP-6 below). The proposed project is a residential community, which would replace a 183,430 square-foot industrial park. The removal of 183,430 square-feet of industrial park uses and addition of 140 residential units would result in an increased demand for fire protection services compared to existing conditions. OCFA currently serves the industrial uses onsite and would continue to serve the project site when it is developed with residential uses. No new facilities would be required to be constructed to accommodate the proposed residential project. The proposed project would be designed to comply with all Fire Department access requirements and California Fire Code requirements, would not impair emergency response vehicles or increase response times, and would not substantially increase calls for service, thereby triggering the need for new or altered facilities. OCFA requires all developers to enter into a secured fire protection agreement with OCFA to ensure the availability of adequate fire protection services. The agreements specify a developer's pro-rata fair-share funding for capital improvements necessary to establish and maintain adequate fire protection facilities, equipment, and personnel. PPP-7 is a City of Tustin standard condition and stipulates that the developer must enter into the secured fire protection agreement prior to issuance of any building permits for the proposed project. Implementation of PPP-7would reduce potential impacts related to the project's incremental contribution to cumulative regional demand for fire protection services to a less than significant level. Police protection? Response: Less than Significant Impact —The project site is served by City of Tustin Police Department, located .7 mile southwest of the project site at 300 Centennial Way, Tustin, CA 92780. The removal of 175,000 square feet of industrial park uses and addition of 140 residential units would not result in increase in demand for police protection services. The Tustin Police Department might receive a different mix of service calls, but the proposed residential project is not anticipated to require or result in the construction of new or physically altered police facilities Therefore, the proposed project would receive adequate police protection service, and would not result in the need for new or physically altered police protection facilities. Impacts would be less than significant. Schools? Response: City of Tustin-Initial Study/Mitigated Negative Declaration Page 118 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Impact — The project site is located within the boundaries of the Tustin Unified School District(TUSD). The elementary, middle, and high school campuses closest to the site are Estock Elementary School (grades K-5; 1.1 mile away), Columbus Tustin Middle School (grades 6-8; 1.3 mile away), and Tustin High School (grades 9-12; 0.7 miles away). The proposed project would introduce 140 new attached single-family two- and three- bedroom units. The sizes of these residential units are generally smaller than the typical single-family detached homes with an equivalent number of bedrooms. TUSD estimates that 41 new students would be generated by the proposed project (see Table 4-16 below). Table 4-16 TUSD Student Generation Grade Levei Generation Rates Proposed Students K-5 0.1610 23 6-8 0.0636 9 9-12 0.0661 9 Source: TUSD Fee Justification Report, February 2016,Appendix C The need for additional services is addressed through compliance with the school impact fee assessment. The project would be required to pay school impact fees in accordance with Senate Bill 50 (SB 50). SB 50 (Chapter 407 of Statutes of 1998) sets forth a state school facilities construction program that includes restrictions on a local jurisdiction's ability to condition a project on mitigation of a project's impacts on school facilities in excess of fees set forth in Education Code Section 17620. These fees are collected by school districts at the time of issuance of building permits for commercial, industrial, and residential projects. The State Legislature has declared that the payment of those fees constitutes full mitigation for the impacts generated by new development, per Government Code Section 65995. Since the project must pay their appropriate impact fees, it will mitigate the impacts associated with its activities. No significant impact upon TUSD is anticipated as a result of the implementation of the proposed project. Source: Fee Justification Report for Residential and Commercial/Industrial Development, Tustin Unified School District, April 2016. Parks? Response: Less Than Significant Impact—See Section 15 Recreation for analysis. Other public services/facilities? Response: Less than Significant Impact—The Orange County Public Library (OCPL) has a network of 33 libraries throughout the County, and one of the OCPL branches is located in the City of Tustin. The Tustin Branch Library is located at 345 E Main St, Tustin, CA 92780, approximately 0.6 miles northeast of the project site. According to the Growth Management Element of the Orange County General Plan, the County's standards for library service are one 10,000 sf branch library facility per 50,000 residents, or if appropriate, one 15,000 square-foot regional library per 75,000 residents. Tustin Library, opened in 2009, is a 32,000 square-foot library with a book capacity of City of Tustin-Initial Study/Mitigated Negative Declaration Page 119 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis 209,000 volumes. As of the census of 2010, Tustin had a population of 75,540, Therefore, the OCPL is currently meeting the County's standard for library size for the City. Demands for library service are generated by the population in a library's service area. The project would increase area residents by 248 persons requiring 4.96 square feet (or 0.2 square foot per person) of library space. The project would not create an additional need for library service. Furthermore, authorized by Government Code Section 66001(e), the Orange County Board of Supervisors adopted resolution No. 13-062 with respect to the Development Fee program for Branch Libraries, stating that those facilities have been constructed and the fee program is no longer needed. Therefore, impacts to public libraries would be less than significant, and no mitigation is required. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies PDFs No PDFs are applicable to public services. PPPs PPP-6: Fire Master Plan. Prior to issuance of a grading permit the applicant or responsible party shall submit a fire master plan (service code PR145) to the Orange County Fire Authority for review. Approval shall be obtained prior to the issuance of grading or building permits. PPP-7:Secured Fire Protection Agreement. Prior to issuance of a building permit for any residences, the designated site developer shall enter into a Secured Fire Protection Agreement with the Orange County Fire Authority. The Secured Fire Protection Agreement shall specify the developer's pro-rata fair-share funding of capital improvements necessary to establish adequate fire protection facilities and equipment, and/or personnel. Mitigation Measures No mitigation measures are required because no public services impacts have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 120 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XV. RECREATION Would the project: a) Increase the use of existing ❑ ❑ X ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would be accelerated? b) Require the construction or expansion ❑ ❑ X ❑ of recreational facilities which might have an adverse physical effect on the environment? Explanation of Checklist Responses Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that physical deterioration of the facility would be accelerated? b) Require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: Less Than Significant Impact — The proposed increase in residents would not result in the substantial physical deterioration of existing facilities. TCC Section 9331d was adopted to implement the provisions of the Quimby Act(State of California Planning and Zoning Law, Section 66477), which allows the legislative body of a city or county to require the dedication of land for park facilities and/or the payment of in-lieu fees for park and recreational purposes as a condition to the approval for a final tract map or parcel map for certain subdivision. The TCC requires the dedication of 3 acres of parkland per 1,000 residents, calculated at the rate of 0.0067 parkland acres per dwelling unit. The proposed project would add 140 units and approximately 314 residents and would be subject to the dedication of 0.94 acres of park facilities and/or the payment of in-lieu fees for park and recreational purposes. The proposed project includes development of a public park fronting on W. 6th Street, including a seat wall area, a landscape and lawn area, and a dog station, which would be dedicated to the City, publically accessible, but maintained by the homeowner's association. The project also includes a 0.17-acre recreational area with a pool, BBQ, and clubhouse that would be available only to residents of the proposed project and their guests. City of Tustin-Initial Study/Mitigated Negative Declaration Page 121 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis In addition to the provision parkland facilities onsite, the project would be responsible for the payment of in-lieu fees for park and recreational purposes in lieu of dedication in compliance with TCC Section 9331d, as determined by the City. Although implementation of the proposed project would cause an incremental increase in demand for parks, this increase would be reduced to a less than significant level by payment of park fees and by the inclusion of public and private recreational areas onsite. Therefore, impacts to parks and parkland facilities would be less than significant, and no mitigation is required. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to recreational facilities. Mitigation Measures No mitigation measures are required because no impacts to recreational facilities have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 122 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. TRANSPORTATION/TRAFFIC Would the project: a) Conflict with an applicable plan, ❑ ❑ X ❑ ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion ❑ ❑ X ❑ management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ❑ ❑ X ❑ 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 ❑ ❑ X ❑ a design feature or incompatible uses? e) Result in inadequate emergency ❑ ❑ ❑ X access? f) Conflict with adopted policies, plans, or ❑ ❑ X ❑ programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Explanation of Checklist Responses Threshold of Significance City of Tustin-Initial Study/Mitigated Negative Declaration Page 123 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis The City of Tustin intersection evaluation methodology and significance criteria is based on the Intersection Capacity Utilization (ICU) methodology for signalized intersections. For unsignalized intersections and intersections under Caltrans jurisdiction, the latest edition of the Highway Capacity Manual (HCM) methodology (HCM 2010) was used. Signalized Intersections. The operational characteristics of an intersection are determined by calculating the intersection's level of service (LOS). The intersection as a whole and its individual turning movements can be described alphabetically with a range of levels of service (A through F), with LOS A indicating free-flow traffic and LOS F indicating extreme congestion and long vehicle delays. At signalized intersections, LOS was calculated using the ICU methodology. LOS at signalized intersections is measured based on the sum of the volume to capacity (v/c) ratio of the critical movements. Table 4-17 shows the relationship between v/c ratio and LOS for signalized intersections. Table 4-17. Level of Servuce Cdteda for &gnahzedl Ilntersectuons uisung ICU Mlethodlo�ogy Level of General Description Service V/C Ratio (Signalized Intersections) A <0.60 Free Flow B 0.61 to <0.70 Stable Flow (slight delays) C 0.71 to <0.80 Stable flow (acceptable delays) D 0.81 to <0.90 Approaching unstable flow (tolerable delay, occasionally wait through more than one signal cycle before proceeding) E 0.91 to < 1.00 Unstable flow (intolerable delay) F >1.00 Forced flow Qammed) The LOS at freeway ramp intersections was also calculated using the Highway Capacity Manual (HCM) 2010 methodology, as this methodology is preferred by Caltrans. Table 4-18 shows the relationship between delay and LOS for signalized intersections. Table 4-18. Level of Service Criteria for Signalized Intersections using HCM 2010 Methodology Level of General Description Service Delay(seconds/vehicle) (Signalized Intersections) A <10 Free Flow B >10 to 20 Stable Flow (slight delays) C >20 to 35 Stable flow (acceptable delays) D >35 to 55 Approaching unstable flow (tolerable delay, occasionally wait through more than one signal cycle before proceeding) E >55 to 80 Unstable flow (intolerable delay) F >80 Forced flow Qammed) Source:Highway Capacity Manual,Transportation Research Board,2010. Unsignalized Intersections. LOS at unsignalized intersections is classified by two intersection types: all-way stop-controlled and two-way stop-controlled. LOS for unsignalized intersections was calculated using the Highway Capacity Manual 2010 methodology. All-way, stop-controlled intersection LOS is expressed in terms of the average vehicle delay of all of the movements, much City of Tustin-Initial Study/Mitigated Negative Declaration Page 124 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis like that of a signalized intersection. Two-way, stop-controlled intersection LOS is defined in terms of the average vehicle delay of an individual movement(s). This is because the performance of a two-way, stop-controlled intersection is more closely reflected in terms of its individual movements, rather than its performance overall. For this reason, LOS for a two-way, stop- controlled intersection is defined in terms of its individual movements. With this in mind, total average vehicle delay (i.e., average delay of all movements) for a two-way, stop-controlled intersection should be viewed with discretion. Table 4-19 shows the relationship between vehicle delay and LOS for unsignalized intersections (both all-way and two-way, stop-controlled). Table 4-19. Level of Service Cdteda for Unsugnallzed Intersectuons Two-Way and All-Way Stop Level of Service Average Control Delay(sec/veh) A 0 - 10 B >10 - 15 C >15 -25 D >25 - 35 E >35 - 50 F >50 Source:Highway Capacity Manual,Transportation Research Board,2010. Future Traffic Forecasts. Buildout Year 2035 without-project traffic volumes were obtained from the County's OCTAM model. Transpo received model data from the Orange County Transportation Authority (OCTA) and then post-processed the data for peak hour turning movements. East 6th Street and South B Street were not included in the model as it is mostly historic residential use and not much future growth is expected in this area. Significance Criteria. The City has adopted a performance standard of LOS D (peak hour ICU less than or equal to 0.90) for all signalized intersections with the exception that LOS E is acceptable at designated Congestion Management Program (CMP)-identified intersections. There are no designated CMP intersections within the project study area; therefore, LOS D is applied as the maximum acceptable LOS at all study area intersections. According to City guidelines, for ICU greater than the acceptable level of service, mitigation of the project contribution is required to bring the intersection back to no-project conditions or better if project contribution is 0.02 or greater for all other intersections in the study area. The City does not have any significance criteria for unsignalized intersections that are operating at unsatisfactory LOS E or F without the project. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? City of Tustin-Initial Study/Mitigated Negative Declaration Page 125 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Response: Less Than Significant Impact — The proposed project would replace 183,430 square feet of industrial uses with 140 for-sale multifamily(townhome) dwelling units. The vehicle trip generation for the project was developed using rates from the Institute of Transportation Engineers (ITE) Trip Generation (9th Edition, 2012) for Land uses 230— Residential Condominium/Townhouse for the proposed project and 130 — Industrial Park for the existing uses. The industrial park uses would be an acceptable assumption as an industrial park can contain multiple small businesses including office uses. Table 4-20 shows the trip generation of the project during the AM and PM peak hours and on a daily basis as compared with the existing use. Table 4-20. Project Trip Generation AM Peak Hour PM Peak Hour Land Use Units Daily In Out Total In Out Total Trip Rates Condominium' DU 5.81 0.07 0.37 0.44 0.35 0.17 0.52 Industrial Parkz TSF 6.83 0.67 0.15 0.82 0.18 0.67 0.85 Project Trip Generation Proposed Project(Condos) 140 DU 813 10 51 62 49 24 73 Existing Industrial Park 183.43 TSF -1253 -123 -27 -150 -33 -123 -156 Total Trip Generation -439 -113 24 -89 16 -99 -83 TSF=Thousand Square Feet 'Trip rates from the I nst it ute of Transpo ration Engineers,Trip Generation,9th Edition, 2012.Land Use Code 230-Condo minium. 2 Trip rates from the Inst ituteof Transpo ration Engineers,Trip Generation,9th Edition, 2012.Land Use Code 130-Industrial Park. According to the Traffic Impact Analysis (Transpo Group, May 2016; Appendix 1), as shown in Table 4-20, the existing industrial use generates more trips than proposed residential use. The proposed project is anticipated to generate a net total of 439 fewer daily trips (439) including 89 fewer trips (-89) during the AM peak hour and 83 fewer trips (-83) during the PM peak hour. Only outbound traffic during the AM peak hour and inbound traffic during the PM peak hour are greater with the proposed use. The study intersections are shown in the TIA (Appendix I herein; Figure 1, Site Vicinity and Study Intersections). Table 4-21 provides a comparison between the existing without and with-project conditions for the weekday peak hours. City of Tustin-Initial Study/Mitigated Negative Declaration Page 126 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Table 4-21. Existing and Existing With-Project Peak Hour Intersection Level of Service V/C or Delay Existing Existing With-Project Change AM Peak PM Peak AM Peak PM Peak AM PM V/C or V/C or V/C or V/C or Intersection Control LOS' De lay 2 LOS' De lay 2 LOS' De lay 2 LOS' De lay 2 1. Pacific Street/West Main Street Signal A 0.521 A 0.411 A 0.522 A 0.408 0.001 -0.003 2. South B Street/West Main Street Signal A 0.570 A 0.454 A 0.567 A 0.454 -0.003 0.000 3. Pacific Street/West 6th Street All Way Stop A 8.2 A 7.8 A 8.1 A 7.8 -0.100 0.000 4. South B Street/West 6th Street All Way Stop A 9.3 A 9.1 A 9.2 A 9.1 -0.1 0.0 5. 0 Camino Real/6th Street Signal A 0.405 A 0.471 A 0.384 A 0.471 -0.021 0.000 6. West Drtvew ayANest 6th Street 1 Way Stop B 13.7 B 14.4 13.7 14.4 7. Center Drivew ay/West 6th Street 1 Way Stop A 9.2 A 8.9 9.2 8.9 8. East DrNew ay/West 6th Street 1 Way Stop A 8.9 A 8.5 8.9 8.5 9. North DrNew ay/South B Street 1 Way Stop A 8.8 A 9.0 8.8 9.0 10. South DrNew ay/South B Street 1 Way Stop A 8.7 A 9.0 8.7 9.0 Level Or ervme, ase on Intersection Capacity Utilization(ICU)orHCM forstop controlled intersections 2 Vo lum e-to-capacity ratio ordelayforstop controlled intersections As shown in Table 4-21, all study area intersections will continue to operate at satisfactory LOS under the With-Project conditions.At some intersections, the proposed residential use is expected to add fewer trips than the existing industrial use, which were included in the January 2016 traffic counts. Therefore, some intersections are expected to operate with improved V/C or delays during the With-Project conditions. No project impacts are forecast under the Existing With-Project conditions. Therefore, no mitigation would be required. Table 4-22 provides a comparison between the Buildout Year 2035 without and with-project conditions for the weekday peak hours using the City's ICU methodology. City of Tustin-Initial Study/Mitigated Negative Declaration Page 127 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Table 4-22. Buildout Year 2035 Without and With-Project Peak Hour Intersection Level of Service VIC or Delay Buildout Buildout With-Project Change AM Peak PM Peak AM Peak PM Peak AM PM VIC oVIC or VIC or VIC or r Intersection Control LOS' De lay LOS' Delay LOS' Delay 2 LOS' Delay 1. Pacific Street/West Main Street Signal B 0.676 A 0.550 B 0.677 A 0.547 0.001 -0.003 2. South B Street/West Main Street Signal B 0.682 A 0.579 B 0.679 A 0.579 -0.003 0.000 3. Pacific Street/West 6th Street All Way Stop A 7.7 A 7.8 A 7.6 A 7.8 -0.1 0.0 4. South B Street/West 6th Street All Way Stop A 8.8 A 9.0 A 8.7 A 9.1 -0.1 0.1 5. 0 Camino Real/6th Street Signal A 0.395 A 0.465 A 0.376 A 0.456 -0.019 -0.009 6. West DrivewayNVest 6th Street 1 Way Stop B 13.7 B 14.4 13.7 14.4 7. Center DrivewayNVest 6th Street 1 Way Stop A 9.2 A 8.9 9.2 8.9 8. East DrivewayNVest 6th Street 1 Way Stop A 8.9 A 8.5 8.9 8.5 9. North Driveway/South B Street 1 Way Stop A 8.8 A 9.0 8.8 9.0 10. South Driveway/South B Street 1 Way Stop A 8.7 A 8.9 8.7 8.9 Level of Service,based on Intersection Capacity Utilization(ICU)or HCM for stop controlled intersections 2 Volume-to-capacity ratio ordelayforstop controlled intersections As shown in Table 4-22, all study area intersections are forecast to operate at satisfactory LOS under the Buildout Year 2013 With-Project conditions. At some intersections, the proposed residential use is expected to add fewer trips than the existing industrial use which was included in the 2035 OCTAM model data. Therefore, some intersections are expected to operate with improved VIC or delays during the With-Project conditions. No project impacts are forecast for the Buildout Year 2035 With-Project scenario. Therefore, no mitigation measures are required. Source: Appendix I, Traffic Impact Analysis (Transpo Group, Inc., 2016). Would the project: 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? Response: No Impact - The maximum height of the proposed project's buildings would be 42 feet, which would not impact air traffic patterns or result in substantial safety risks. There would be no impact. Would the project: d) Substantially increase hazards due to a design feature or incompatible uses? Response: Less Than Significant Impact- Internal circulation within the project site has been designed to meet the City's design standards. The proposed project would not substantially increase hazards due to a design feature or incompatible uses. Therefore, related to increased hazards, a less than significant impact would occur and no mitigation measures would be required. Would the project: e) Result in inadequate emergency access? City of Tustin-Initial Study/Mitigated Negative Declaration Page 128 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Response: No Impact—The proposed project site would have adequate emergency access. The project site would provide emergency access from four full-access driveways and two emergency-vehicle- only driveways along East 6th Street, as well as two full-access driveways along B Street. The onsite roadway and driveways have been designed in accordance with the City of Tustin and OCFA design standards and the final tract map would be subject to review by the Public Works Department and approval by the City Council. By following the design standards for streets and the TCC and through the process of review and approval by the City, emergency access would be maintained. Related to emergency access, no impact would occur and no mitigation measures would be required. Would the project: f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Response: Less Than Significant Impact — The proposed project would not conflict with adopted policies or programs supporting alternative transportation, including bicycle use and transit facilities. Transit service in the project study area is provided by the OCTA. The project site is served by OCTA routes 66 (Huntington Beach to Irvine via McFadden Avenue and Walnut Avenue) and 71 (Yorba Linda to Balboa via Tustin Avenue, Red Hill Avenue, and Newport Boulevard). Pedestrian facilities in the project area include sidewalks and crosswalks. There is one Class I bike trail approximately 0.3 miles from the project site, along Newport Avenue between EI Camino Real and Irvine Boulevard. Development of the proposed 140-unit residential development would not interfere with existing bicycle and pedestrian facilities. Impacts would be less than significant. Source: City of Tustin General Plan (2013) Circulation Element. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to transportation and traffic. Mitigation Measures No mitigation measures are required because no impacts to transportation and traffic have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 129 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment ❑ ❑ X ❑ requirements of the Regional Water Quality Control Board? b) Require or result in the construction of ❑ ❑ X ❑ new water or wastewater treatment facilities, or expansion of existing facilities, the construction of which could cause adverse environmental effects? c) Require or result in the construction of ❑ ❑ X ❑ new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies ❑ ❑ X ❑ available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ X ❑ 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 ❑ ❑ X ❑ permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local ❑ ❑ X ❑ statutes and regulations related to solid waste? Explanation of Checklist Responses Would the project: a) Exceed the wastewater treatment requirements of the Regional Water Quality Control Board? City of Tustin-Initial Study/Mitigated Negative Declaration Page 130 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Response: Less than Significant Impact—The Regional Water Quality Control Board, Santa Ana Region, issued a National Pollutant Discharge Elimination System (NPDES) permit, which includes the City as a Permittee. That NPDES permit implements federal and state law governing point source discharges (a municipal or industrial discharge at a specific location or pipe) and nonpoint source discharges (diffuse runoff of water from adjacent land uses)to surface waters of the United States. Implementation of the proposed project would only nominally increase wastewater generation, thus, nominally increasing the demand for wastewater treatment; refer to Response 4.17.b. Therefore, given the residential nature and scope of the proposed development, project implementation would not cause an exceedance of wastewater treatment requirements of the applicable Regional Water Quality Control Board (RWQCB). Impacts would be less than significant. Would the project: 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 adverse environmental effects? 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? Response: Less Than Significant Impact— Water service Refer to Response Section IX.b. Impacts would be less than significant. Wastewater service Wastewater service in the vicinity of the project site is provided by the Orange County Sanitation District (OCSD). OCSD prepared a will-serve letter dated December 1, 2015 in which the nearest sewer lines were identified to be an 8-inch vitrified clay pipe (VCP) located below W. 6th Street, and a 10-inch VCP located below S. B Street. OCSD indicated the project could be served by construction of two new 8-inch laterals, one to each of the lines on W. 6th Street and S. B Street. OCSD has confirmed the project would be permitted to connect to its wastewater treatment system, and that the discharge of wastewater from the property would not result in a violation of OCSD's RWQCB permit requirements. No off-site facilities other than sewer laterals are required to service the project. Impacts would be less than significant. Would the project: 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? Response: Less Than Significant Impact —The project would include the development of onsite drainage facilities and would not include the construction of offsite storm drainage facilities. Refer to Response IX.d. Impacts would be less than significant. City of Tustin-Initial Study/Mitigated Negative Declaration Page 131 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Would the project: d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Response: Less Than Significant Impact — The project site is within the service area of the City of Tustin Public Works Department, Water Services Division. The Water Services Division prepared a 2010 Urban Water Management Plan (UWMP), which provides information on the present and future water resources and demands and assesses water resource needs for the utility. According to the UWMP, the main sources of water supply are groundwater pumped from wells within the Lower Santa Ana River Groundwater Basin and imported water from the Municipal Water District of Orange County through East Orange County Water District. The UWMP reported current water demand to be 13,000 acre-feet per year, consisting of 11,110 acre-feet of groundwater and 1,890 acre-feet of imports, and projects a 7 percent increase in population by the year 2035. Accompanying the increase in population would be a 17 percent increase in demand for water, including the addition of over 1,200 new residential accounts. The UWMP determined that the City is capable of meeting the water demands of its customers in normal, single dry, and multiple dry years between 2015 and 2035, taking into account the projected increase in demand. The project provides new residential units that are within the total increase in demand anticipated by the UWMP, and the demolition of the existing commercial buildings would result in a reduction in water use from that facility. In addition, the City of Tustin Public Works Department concluded in a will serve letter dated December 1, 2015 that they are capable of meeting the water demands of the project. Based on these factors, project implementation would result in a less than significant impact involving water supply. Senate Bill 610 SB 610 requires a detailed report regarding water availability and planning for additional water supplies be included with the environmental document for specified projects. Under SB 610, water supply assessments are required to be included in environmental documentation for certain projects, as defined in Water Code 10912[a], subject to CEQA. Under SB 221, approval by a city or county of certain residential subdivisions requires a written verification of sufficient water supply. All projects that meet any of the following criteria require the water availability assessment: • A proposed residential development of more than 500 dwelling units; • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet (sq. ft.) of floor space; • A proposed commercial office building employing more than 1,000 persons or having more than 250,000 sq ft of floor space; • A proposed hotel and motel having more than 500 rooms; • A proposed industrial, manufacturing, or processing plant, or an industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than • 650,000 sq. ft. of floor area; • A mixed-use project that includes one or more of the projects specified in this subdivision; or • A project that would demand an amount of water equivalent to or greater than the amount of water required by a 500 dwelling unit project. City of Tustin-Initial Study/Mitigated Negative Declaration Page 132 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis The proposed project is a 140-unit residential development and does not satisfy the criteria outlined above; thus, a less that significant impact would occur. Senate Bill 221 While SB 610 primarily affects the Water Code, SB 221 principally applies to the Subdivision Map Act. The primary effect of SB 221 is to require an applicant of every applicable tentative map subdivision to verifying that the public water supplier (PWS) has sufficient water supply available to serve it. Under SB 221, approval by a city or county of certain residential subdivisions requires a written verification of sufficient water supply. SB 221 applies to any subdivision, defined as: • A proposed residential development of more than 500 dwelling units (if the PWS has more than 5,000 service connections); or • Any proposed development that increases connections by 10 percent or more (if the PWS has fewer than 5,000 connections). The project does not satisfy the criteria outlined above, thus, preparation of a Water Supply Assessment, in order to verify that sufficient water supplies are available to serve the project from existing entitlements/resources, is not warranted and a less than significant impact would occur. Would the project: 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? Response: Less than Significant Impact— In 2014, about 93 percent of the solid waste landfilled from the City of Tustin was disposed of at the Frank Bowerman Sanitary Landfill in the City of Irvine. This landfill has a maximum permitted tonnage of 11,500 tons per day and residual capacity of nearly 6,800 tons per day. It is permitted to operate through the year 2053, though it has adequate capacity to continue operations to 2065. In 1989, the Legislature adopted the California Integrated Waste Management Act of 1989 (AB 939), in order to "reduce, recycle, and re-use solid waste generated in the state to the maximum extent feasible." AB 939 established a waste management hierarchy: Source Reduction, Recycling, Composting, Transformation, and Disposal. UnderAB 939 and subsequent legislation, jurisdictions are required to achieve a 50 percent diversion rate of garbage from landfills. The City of Tustin has adopted a Source Reduction and Recycling Element, which includes policies addressing source reduction, recycling, composting, special waste, public education and information, disposal facility capacity, funding, and integration.3 CR&R Waste & Recycling Services, which collects solid waste from the City of Tustin, provides residential customers with a black bin for solid waste and a blue bin for recyclable materials. Participation in the City's recycling programs during project construction and operation would ensure that the project would not conflict with federal, state, and local statutes and regulations related to solid waste. 3 See City of Tustin Source Reduction and Recycling Element. City of Tustin-Initial Study/Mitigated Negative Declaration Page 133 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis TCC Sections 4351 et seq. require diversion of construction and demolition debris in conformance with California Green Building Standards Code Section 5.408. A minimum of 50 percent of construction and demolition debris must be diverted from landfills. This requirement is implemented through preparation and implementation of a Waste Reduction & Recycling Plan (WRRP), which must be approved by the City's Public Works Department prior to issuance of permits for construction, demolition, grading, or landscaping activities. A security deposit is placed with the City at the time of WRRP approval; failure to comply with the waste diversion requirements in the WRRP results in forfeiture of the deposit. Based on the programs in effect to limit the generation of waste, and the availability of capacity at the local landfill to service the project, there are less than significant impacts related to solid waste. Project Design Features & Standard Conditions/Existing Plans, Programs, or Policies No PDFs or PPPs are applicable to utilities and service systems have been identified. Mitigation Measures No mitigation measures are required because no significant impacts to the utilities and service systems have been identified. City of Tustin-Initial Study/Mitigated Negative Declaration Page 134 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis Less Than Significant Potentially Impact with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to ❑ X ❑ ❑ 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 ❑ ❑ X ❑ 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 ❑ X ❑ ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? Explanation of Checklist Responses Would the project: 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? Less than Significant with Mitigation — The proposed project is an infill development project located in an urbanized area of the City. The project site is currently occupied by an industrial park consisting of 11 buildings, paving and landscaped areas. The project site is not populated or used by any species identified as a candidate, sensitive, or special status, and does not contain habitat that would support sensitive species. The project site is not within or adjacent to the City of Tustin-Initial Study/Mitigated Negative Declaration Page 135 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis NCCP/HCP Habitat Reserve. Therefore, the proposed project would not conflict with the provisions of an adopted HCP, NCCP, other approved local, regional, or state habitat conservation plan. Therefore, impacts would be less than significant. As discussed in Section V above, there are no historical resources located within the project site. The records search confirmed that no cultural resources have been recorded on the project site. In addition, due to the development of the project site and previous disturbances associated with the construction and operation of the existing site use, the potential for encountering paleontological and archeological resources is considered low. However, in the event that cultural resources are inadvertently discovered during ground-disturbing activities, implementation of mitigation measures C-1 and C-2 would ensure that impacts to cultural and paleontological resources remain less than significant. Therefore, the proposed project would not eliminate important examples of the major periods of California history or prehistory. Would the project: 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)? Less than Significant Impact—Cumulative impacts are defined as two or more individual effects that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact from several projects is the change in the environment that results from the incremental impact of the development when added to the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a period. The CEQA Guidelines, Section 15130 (a) and (b), states: (a) Cumulative impacts shall be discussed when the project's incremental effect is cumulatively considerable. (b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project. The discussion should be guided by the standards of practicality and reasonableness.4 As discussed above, the project would not have a cumulatively considerable impact under any impact area, including Air Quality, Cultural Resources, GHG, Noise, Public Services or Traffic and Transportation. There are currently no significant projects in the entitlement process or under development within the vicinity of the project site. Cumulative impacts would therefore be less than significant. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less than Significant with Mitigation —As described in Sections I through XVI I, above, prior to mitigation, the project has potentially significant impacts in the areas of, Cultural Resources, Geology and Soils, Hazards and Hazardous materials and Noise. With the implementation of the mitigation measures provided in this Initial Study, these impacts are reduced to below a level of 4 CEQA Guidelines, sections 15130(a) and (b) City of Tustin-Initial Study/Mitigated Negative Declaration Page 136 Vintage Lofts Residential Project July 2016 4.0 Environmental Checklist and Analysis significance. There are no project impacts which remain significant and unavoidable following implementation of mitigation measures. In addition, for environmental issue areas that were not found to be significantly impacted by the project and therefore do not include mitigation measures, the implementation of project design features and City, standards, and guidelines would ensure that there would be no substantial adverse effects on human beings, either directly or indirectly. Project Design Features & Existing Plans, Programs, or Policies Refer to PDFs and PPPs from Item I (Aesthetics), Item III (Air Quality), Item V (Cultural Resources), Item VI (Geology and Soils), Item VIII (Hazards and Hazardous Materials), Item IX (Hydrology and Water Quality), Item X(Land Use and Planning), Item XI I (Noise), Item XIV(Public Services), Item XVI (Transportation and Traffic), and Item XVII (Utilities and Service Systems). These PDFs and PPPs are applicant-initiated actions or existing plans, programs, or policies which effectively reduce potential environmental impacts. Mitigation Measures Refer to mitigation measures from Item V (Cultural Resources), Item VI (Geology and Soils), Item XII (Noise), and Item VIII (Hazards and Hazardous Materials). These mitigation measures for potentially significant impacts resulting from project implementation have been presented in the relevant sections of this Initial Study. As described above, the implementation of these mitigation measures has been found to be adequate to reduce all potentially significant impacts to below a level of significance. City of Tustin-Initial Study/Mitigated Negative Declaration Page 137 Vintage Lofts Residential Project July 2016 5.0 MITIGATION MONITORING AND REPORTING PROGRAM 5.0 Mitigation Monitoring and Reporting Program This page intentionally left blank. City of Tustin-Initial Study/Mitigated Negative Declaration Page 139 Vintage Lofts Residential Project July 2016 5.0 Mitigation Monitoring and Reporting Program 5.1 MITIGATION MONITORING REQUIREMENTS PRC Section 21081.6 (enacted by the passage of AB 3180) mandates that the following requirements shall apply to all reporting or mitigation monitoring programs: The public agency shall adopt a reporting or monitoring program for the changes made to the Project or conditions of Project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during Project implementation. For those changes which have been required or incorporated into the Project at the request of a Responsible Agency or a public agency having jurisdiction by law over natural resources affected by the Project, that agency shall, if so requested by the Lead Agency or a Responsible Agency, prepare and submit a proposed reporting or monitoring program. The Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. A public agency shall provide the measures to mitigate or avoid significant effects on the environment that are fully enforceable through permit conditions, agreements, or other measures. Conditions of Project approval may be set forth in referenced documents which address required mitigation measures or in the case of the adoption of a plan, policy, regulation, or other Project, by incorporating the mitigation measures into the plan, policy, regulation, or Project design. Prior to the close of the public review period for a draft Environmental Impact Report (EIR) or MND, a Responsible Agency, or a public agency having jurisdiction over natural resources affected by the Project, shall either submit to the Lead Agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the Responsible Agency or agency having jurisdiction over natural resources affected by the Project, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a Lead Agency by a Responsible Agency or an agency having jurisdiction over natural resources affected by the Project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a Responsible Agency or agency having jurisdiction over natural resources affected by a Project with that requirement shall not limit that authority of the Responsible Agency or agency having jurisdiction over natural resources affected by a Project, or the authority of the Lead Agency, to approve, condition, or deny Projects as provided by this division or any other provision of law. 5.2 MITIGATION MONITORING PROCEDURES The mitigation monitoring and reporting program has been prepared in compliance with PRC Section 21081.6. It describes the requirements and procedures to be followed by the City to ensure that all mitigation measures, project design features, and plans, policies and procedures adopted as part of the proposed project would be carried out as described in this IS/MND. Table 5-1 lists each of the mitigation measures specified in this IS/MND and identifies the party or parties responsible for implementation and monitoring of each measure. City of Tustin-Initial Study/Mitigated Negative Declaration Page 140 Vintage Lofts Residential Project July 2016 5.0 Mitigation Monitoring and Reporting Program This page intentionally left blank. 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City of Tustin 300 Centennial Way Tustin, CA 92780 Elaine Dove, Senior Planner (714) 573-3136 edove(a-tustinca.org This page intentionally left blank. EXHIBIT B TO RESOLUTION NO. 4325 Mitigation Monitoring And Reporting Program 10 r 0 . LP C N O O a ° c M � •y O u O z z z C C cn C •Em c ° N o N F p ao E a E c o a Q a m m m .�. O u C ❑ ❑ C � a1•tl u .N T a) � T a7 � � a7 •c •'��' a -• c p. Q I F- c F- ' O c . a, E d 0 m> t 0 CD o m g cz � v ❑ vvo u u 0 a •o p o 0 0 i M a W-- o 1a. ? ? 2 a - c a o = O N N N (� c c c Z y� •$V u u V ~ C M• LL L L •ui p an d •d a t] Ci C- u 0 y 0- y 0 a a .099 uj O a p 0 Nom' V > C '6 > C '� > C x z dau. n` au eau z � a a •z �• . a e ae• '> L a�E, o r r. Z O Q O �n O c a t- •`o 2 rn o p c c s ~ s T� O r p N s O r d . ° a ° D Q 0 ,Ol-a } O F 6 'a Q s c a m . 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E ` E � 2 I LL e 64 $� °§ i%� 2\\ . ± \ƒ &%ƒ \ \ §u aEk � /$ � z 8-0 x o � __ _ � _cc _ 2 E = o U ' f2 / « , § ; © I2e \ = CO b = U - $ ƒ _ =c a - CL D 2 < 2 0= 2 % ' � � ƒ ƒ ) } � E $ % § % to u CA $ $ % £- 2 -0 E o v o e »- J § / o 0 % mt2 & E72 0 ƒ & ƒ § 2 o - - 'o % § 20 >.- J % , § ± . % 0 $ % Lu Z j £ % 2 2 ° m q I o + o - 0 u 7t & m$ o � $ ? �¢ 00 w o CL> 0 k � $ 5a0. d? 5 �� § ; e5 � ; CL CL C \ - ix �LIZ D �4 E � CX 8 � � � L :� � ° / icu 0 o 2 5 § E ; e 7 9 a 2 E 5 � k � / 5 oo ' � 0. \ > cr-p0 < \ ■ � � b �A § 0 - �jka = Ek7 & & �kQ � � E £ ƒ qu2 � § / zu % m � § 3 § 2 CL CL % } \ r EXHIBIT C TO RESOLUTION NO. 4326 Responses to MND Comments City of Tustin Vintage Lofts Residential Project Response to Comments for Initial Study (IS) 1 Mitigated Negative Declaration (MND) Lead Agency: City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Project Applicant: Intracorp SoCal-1, LLC 4041 MacArthur Boulevard, Suite 250 Newport Beach, CA 92660 Table o�Contents Section Page 1. INTRODUCTION...........................................................................................................................1-1 1.1 INTRODUCTION..............................................................................................................1-1 1.2 FORMAT OF THE RESPONSE TO COMMENTS ..........................................................1-1 1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES....................1-1 2. RESPONSE TO COMMENTS......................................................................................................2-1 3. REVISIONS TO THE MND....................................................... .----.3-1 3.1 INTRODUCTION..............................................................................................................3-1 3.2 MND REVISIONS IN RESPONSE TO WRITTEN COMMENTS.....................................3-1 APPENDICES A. Traffic Impact Analysis Memo Vintage Lofts Residential Project City of Tustin •Page i Table of Contents LIST OF FIGURES Figure Page Figure8 Landscape Plan ...............................................................................................................3-5 Figure10 Recreation Area...............................................................................................................3-7 Figure 11 Paseos ...................................................................................... .3-9 ..................................... Page ii September 2016 1, Introduction 1.1 INTRODUCTION This document contains responses to the comments that the City of Tustin received on the Mitigated Negative Declaration (MND)for the Vintage Lofts project during the public review period,which began July 27, 2016, and closed August 26, 2016. This document has been prepared in accordance with California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and represents the independent judgment of the Lead Agency. This document and the circulated MND together comprise the Final MND. 1.2 FORMAT OF THE RESPONSE TO COMMENTS This document is organized as follows: Section 1,Introduction. This section describes CEQA requirements and content of this Final MND. Section 2, Response to Comments. This section provides a list of agencies and interested persons commenting on the MND; copies of comment letters received during the public review period,and individual responses to written comments. To facilitate review of the responses, each comment letter has been reproduced and assigned a number(Al through A4 for letters received from agencies and organizations, and R1 through R4 for letters received from residents). Individual comments have been numbered for each letter and the letter is followed by responses with references to the corresponding comment number. Section 3, Revisions to the MND.This section contains revisions to the'MND text and figures as a result of the comments received by agencies and interested persons as described in Section 2, and/or typographical errors and omissions discovered subsequent to release of the MND for public review. The responses to comments contain material and revisions that will be added to the text of the Final MND. The City of Tustin staff has reviewed this material and determined that none of this material constitutes the type of significant new information that requires recirculation of the MND for further public comment under CEQA Guidelines Section 15073.5. None of this new material indicates that the project will result in a significant new environmental impact not previously disclosed in the Vintage Lofts MND.Additionally, none of this material indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in Section 15073.5. 1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES CEQA and the State CEQA Guidelines do not require that lead agencies prepare formal written responses to comments on a Mitigated Negative Declaration. Nevertheless, the City of Tustin, in the interest of full disclosure, has prepared formal written responses to comments on the MND.Because CEQA and the State CEQA Guidelines do not outline a procedure for responding to comments on Mitigated Negative Declarations, the City of Tustin implements the procedures for responding to comments on environmental impact reports in this situation. Thus, in accordance with CEQA, Public Resources Code Section 21092.5, copies of the written responses to public agencies will be forwarded'to those agencies at least 10 days prior to the City Council's consideration of the MND. The responses will be forwarded with copies of this Final Vintage Lofts Residential Project City of Tustin •Page I-1 1. Introduction MND,as permitted by CEQA, and will conform to the legal standards established for response to comments on draft environmental impact reports. Page 1-2 September 2016 2. Response to Comments 2. Response to Comments This section provides all written responses received on the MND and the City's responses to each comment. Comment letters and specific comments are given letters and numbers for reference purposes. Where sections of the MND are excerpted in this document, the sections are shown indented. Changes to the MND tent are shown in underlined text for additions and stfikeaw for deletions. The following is a list of agencies and persons that submitted comments on the MND during the public review period. Number Page Reference Commenting Person/Agency Date of Comment No. Agencies&Organizations Al Department of Transportation Caltrans August 17, 2016 2-11 A2 Governor's Office of Planning and Research (OPR) August 31, 2016 2-11 A3 Orange County Fire Authority OCFA) August 11, 2016 2-11 A4 South Coast Air Quality Management District August 11, 2016 2-19 Residents R1 Dave Hackett August 26, 2016 2-23 R2 Heather Hackett August 25, 2016 2-27 R3 Maureen Li August ust 15, 2016 2-31 R4 Reese Udall. August 26, 2016 2-27 Vantage Lofts Residential Project City of Tustin •Page 2-1 2. Response to Comments This page intentionally left blank. Page 2-2 September 2016 2. Response to Comments LETTER Al —Christopher Herre, Branch Chief, Caltrans (2 pages) srb]EQF ewfnayfAKNIASMrP JRAeS W=QNcA ENCX _ Fumt"r..RHOWN Jr-r rune DEPARTMENT OF TRANSPORTATION DISTRICT 12 3347 MIOMSON DRI VP,SUrM 100 IRVINE,CA 92612.8894 RECEIVED SerioeuOrmghR PHONE(949)724-2M � �8 FAX(949)724-2592 M 711 AUG 2 2 2016 xalp save wwerl W Ww,dQLC3.gpV COMMUNITY DEVELOPMENT August 17,2016 Ms.Elaine Dove Fide:IGR/CEQA City of Tustin SCM#:2016071081 Planning Division Log#h 2016-00100 30D Centennial Way I-5 Tustin,CA.92780 Dear Ms.Dove: The California Department of Transportation(Caltrans)appreciates the opportunity to review and comment on the Mitigated Negative Declaration for the Vintage Lofts Residential Project. The project applicant is proposing to subdivide a 6.81-acre lot into,two development parcels for condominium purposes to accommodate 140-residential units and ancillaryuses,including,but not limited to onsite private drives,parking,sidewalks,recreation.uses and community center, walls and landscaping.The discretionary actions required to allow for the development of 140 multi-fatuity residential units are as follows: • General Plan Amendment--Change the site's land use designation from I(Industrial)to Planned Community Residential(PC Residential). • Zone Chaege—Change the site's zoning from Planned Industrial(PM)to Planned Al-1 Community Residential(P-C}Disirict. • Tentative Tract Map--Subdivision of existing 6.81-acre parcel into two development parcels for condominium purposes, • Design Review • Development Agreement-The Development Agreement authorizes the development of project with a 5-yeas term and two 1-year extensions and in return requires public benefits in the form of payment of park in-lieu,affordable housing and traffic fees over and above'the City's standard development impact fees,city signage and public infrastructure improvements. Caltrans Local-Development-Intergovernmental Review program reviews impacts of local development to°the transportation system,including the State Highway System. The Department works to ensure that local land use planning and development decisions include the provision of transportation choices,including transit,intercity rail passenger service,.air service,wanting and biking,when appropriate. The Department advocates community design(e.&urban infill,mixed use.transit oriented development)that promotes an efficient transportation,System and healthy communities. "Frm1de as*.rilmlRobls.lRlegrWedauf to slen!&wWwlnrfm Vve+R tow0mceCdltAmidsecannn meiliveb111q" Vintage Lofts Residential Project City of Tustin •Page 2-3 2. Response to Comments Ms.Elaine Dove August 17,2016 Page 2 Caltrans is a commenting agency at this time on this project and has the following comments for your consideration,in addition to those made in our letter to the city dated Al-2 June 15,2016(see attached). Hydraullcm 1. Hydraulic comments:-Final construction plans and hydrology calculations (existing&proposed condition)need to be reviewed and approved by hydraulics branch during lrneroachment Permit Process.-Need-the hydraulic calculations (existing&proposed condition)to clarify that there will be no increase in water AI-3 surface elevation in the existing system.-No diversion flow shalt be allowed.1. Need a letter from City of Tustin concurring approval of this,proposal prior to Caltrans final approval.2.Caltrans Maintenance Branch should review and make comments on this proposal. Landscape Architecture: 2. On page 48 the 31a paragraph under Response it is slated"The huildings would be A1-4 replaced with 140 two-three and four story residential units" This is the only mention of a four story residents is'this an error? Permits: 3. In the event of any activity in Caltrans right-of-way an encroachment permit will be required.For specific details on the Department's Encroachment Permits procedure, Al-5 please refer to Department Encroachment Permits Manual,Eight Edition. This Manual is available on the web site:hlt,p:llwww.dot.ca,govltrafficoVELW -Pravda as*,a aWMable,!nlrgfflkd mid rjfdM IMR*W0IWr 1y8em to rm&=ECaI&mra}rmwmy andle'abilly" Page 2-4 September 2016 Z. Response to Comments Ms.Elaine Dove August 17,2016 Page 3 Please continue to keep as informed of this project and any future developments that could potentially impact State transportation facilities, If you have any questions or need to contact us,please do not hesitate to call Aileen Kennedy at(949)724-2239. Sincerely, ta MAUREEN EL HARAKE Branch Chief,Regional-Community-Transit Planning District 12 c. Eric Dickson, Landscape Architecture Steven Sowers, Traffic Operations Southwest Kamran Mazhar, Traffic Design Ahmad Khosravi, Hydraulics Scott Morgan,Office of Planning and Research "Frowde a cafe,smrarmble,arregmred m+d[ffldmr rmn Vanadon syum to e.Ak a Colllnrnra y ec—&Y and lnmahitrry" ["inlu e Loff.e Residential Project Ow ol'Tustin P(ige ?-J 2. Response to Comments Attachment to Caltrans'August 17, 2016 letter DEPARTMENT OF TRANSPORTATION DlFmcr 12 3347 MI[REtSON DWVE SUrCE 100 IRVINE,CA 926t2•Ba94 o,fp,p,g PHONE(949)724.9A86 SertmyE FAX(949)724-2592 8elP 7Y711 www,datm.bvv June 13,2016 Ms.Elaine Dove File:IGRICEQA City or Tustin SCH#:None Planning Division Log#:4733 300 Centennial Way I-5 Tustin,CA.92780 Dear Ms.Dove: Thank you for the opportunity to review and comment on the General Plan Amendment(GPA) 201601,Zone Cbeuge 2016.001,Tentative Parcel Map(PPM).Ne.17993 and Deslga Review(DR)2016.004,for the Vintage 140 unit cmdominlurn complex at 428 W.61h Street within the City of Tustin. Caltrans Local Development-Intergovernmemal Review program reviews impacts of local development to the transportation system,including the State Highway System. The Department works to ensure that local hind use planning and development decisions include the provision of transportation cholees,including transit,interdty rail passenger service,air service,walking and biking,when appropriate.To ensure a safe,efficient,and reliable transportation system,we Al-ti encourage early consultation and coordination with local jurisdictions and project proponents on all development,projects that utilize the multimodal ttamsportation network. 'Me Department advocates community design(e.g.urban WWI,mixed use,transit oriented development)that promotes an efficient transportation system and healthy communitles The Department ofTranspartatlon(Caltrans)is a commenting agency on this project and has tate following comments for your oonsideiadon. Traffic Opemtlone: I.Demonstrate if a traffic Impact Study(TIS)is needed following the Caltrans T15 guide at lt(;g;/ dot,ca.eod/hallpnlofflce&(ycoli�ceea fiieshiseuida.ndf. Al-7 2.If a Tis is required„please prepare a draft TIS scope Proposal and submit for our review,include any Vehicle Miles Travel(VMT)reducing strategies. -PMVI&onanuadwbk.A+hAeurrdmcr�lua�arau�wtwron o++r�+ ro ffnh a Cali 6mb f aameq wef tf uv1411A1- Page 2-6 September 2016 2. Response to Comments Ms.Elaine Dove ]aue13,2016 Page 2 3.Submit the required traffic analysls sc enados for a general plea amendment showing traffic Impacts at all intersections leading to and from ail CaHfomia State Highways:Include all intersections with ramps at the Newport Avenue and Red Al-8 Hill Avenue interchanges for the 1-5 Santa Ana Freeway.As a minimum,provide Existing Conditions,Proposed Project Only with Select Zone Analysis,General Plan Build-out Only,and Gene'al Plan Build-out Plus Proposed Projem 0111ce of Outdoor Advertising. 4. Regarding A-15(Freeway Signage)of the project plans,if the display operatcs as an ori- premise display as defined in Business and Professions Code 5272 ODA(Outdoor Advertising)will not require a permit. 5. However if the display advertises off-premise commercial copy you will have to Al-.9 apply for a State ODA Permit and comply with the current standards of the California Outdoor Advertising Act and the Federal Highway Beautification Act. Information on outdoor advertising may be obtained by contacting George Anzo ]r,southern Area MB-1 rGeorr&wot@doI.cag9v. 6. Illurrttnated signs could be considered a traffic safety hazard given the potential of light and glen:to distract drivars. Section 21466.5 of the California Vebicie Code regulates illumination by placing limits on ataximum light output. b(IRLUwww.dmv.cu.gm portal/dmvldetail(pubslvclo&cLdi11cWA121466.5 Landscape Architecture; 7. There is no existing landscape adjacent to the proposed project. The area between Caltrans not of way and the proposed development is too narrow to landscape.There are no landscaping issues. 8. The proposed 20'high sound wall is located about 8'below the level of the 1-5 freeway, Al-10 and approximately 12'of sound well will be visible Crow ith the Freeway level w 3 story buildings above and beyond the sound wall. The height of the proposed sound wall Is approximately the height of the existing building. 9. Please provide final detail plants of the sound wall aesthetics visible from the freeway. "Prarldras*.imrclnubh.WryrurrdaWrfjkknrrr mjwwdprrflum to rMhMr Cor(/arn8�Y rvsmeSy mid lrrablUy" Vintage Lofts Residential Project City of Tustin •Page 2-7 2. Response to Comments Ms.Maine Dove June I3,2016 Page 3 10.The visual character of the corridor changes slightly from the existing commercial theme, to a residential theme. Although the development will consist of 2 and 3 story buildings, Al-10 freeway viewers would not notice substantial visual changes the freeways. cont'd Loral Development IGP- 11.Please identify if there is an environmental determination for this project under CEQA. AI-11 Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us,please do not hesitate to call Aileen Kennedy at(949)724-2239. .Sincerely, MAUREEN EL HARAKE Branch Chief,Regional-Community-Transit Planning District 12 e:Steve Sower,Traffic operations Southwest George Anzo Jr-Southern Area Manager Office of Outdoor Advertising Greg Grant,.ltight of Way Engineering Kamran Mazhar,Chief Design 7&Trnffiffic Design `PmyUr a wfe,nffaWbk brteymkdad rf dau caumrmtIm symm to v mem CWJfamWj ecwmarymrdlhabulry" Page 2-8 September 2016 2. Response. to Comments Al. Response to Comments from Maureen EI Harake, Branch Chief, Caltrans,dated August 17, 2016. A11-1 This comment is a summary of the Vintage Lofts residential project and a summary of the.role Caltrans' Local Development-Intergovernmental Review program. Because this summary does not raise concerns related to the project's environmental impacts,. no response is necessary. Al-2 This comment references a•comment letter-submitted to the City,of Tustin on June 15, 2016; this letter is addressed in Response to Comment A1-6 through A11-12. All m3 Caltrans review is underway. Although no improvements are proposed within the Caltrans right of way, due to the site's proximity to Interstate 5,the hydraulic plans and final calculations were:submitted to Caltrans: on July 7, ,2018 to ensure that an encroachment permit.would not be required., A1-4 The proposed-project would be limited to three stories.The last paragraph on page 48 is revised to indicate that'.demolished buildingsiwould be replaced with 140 two-, and three-story residential-units. Al-5 Please refer to Response to�Comment Al-3 above., Aim This comment is a -summary of the role Caltrans' Local Development- Intergovernmental Review program: Because this summary does not raise concerns related to the project's environmental impacts, no.response is necessary. A1-7 According to the Trip.Generation Thresholds provided on page 2 of the Caltrans Guide for the Preparation of Traffic-Impact Studies, .a Traffic Impact Study (TIS) may be required if a project generates'1 or more trips assigned to a state highway-facility. As demonstrated in MND page'126,Table 4-20,Project Trip Generation(provided below), the project would-generate fewer trips than the existing land use. Therefore,the project would :result in fewer trips on the surrounding roadway network'than in the existing' condition. AM Peak Ebur PM Peak Flour Land Use units Dally In Out., Total in Out Total Trig Rates Condomnium' DU 5.81 0.07 0.37;, 0.44 ,0.35 0.17'' 0.52, Industrial Perk2 TSF 6.83 0.67 0.15 0.82 0.18 0.67 0.85 Protect Trip Genera(6 Proposed Project(Condos) 140 DU 813 10 r51 62 49 24 73" Existing Industrial Park 183.43 .IT5F -1253 -123 -27- -150 -33 -123 -156' Total Trip Generation 439 -113 .:24 -89 16. -99 -83 TSF-T owwd Sq=e Fee[ 'Tdp iA�rramxhalnsfitteaFTr.epar�ion Fsgineas,7rtp tgeaton 8Mfdtlrort 204.lmq Use Cetle23G-Cenaonrrun =7dprA�Ftemrhel�irteoF Traapormian Llgineers,Trip Gesadion BMfdd;ort 264.L dUse Code Lid-IrdmInd Park Vintage Lofts Residential Project City of Tustin •Page 2-9 2. Response to Comments Al-8 Please seethe response to Comment A11-6. A TIS following the Caltrans Guide is not required based on the project trip generation. The City's TIA comports with the City's existing standards for traffic studies and based on that analysis, the proposed project would not result in any significant impacts. As discussed in the MND and the project TIA (Transpo Group, Inc., 2016), no project impacts are forecast under the Existing With-Project conditions and in the Buildout Year 2035 With-Project scenario. Therefore, no mitigation is required. Al-9 The comment is a summary of Caltrans requirements related to freeway signage.The project shall comply with all Caltrans regulations related to freeway signage. The project would construct a non-illuminated sign identifying"Old Town Tustin"which shall be placed/imbedded on the project sound wall adjacent to Interstate 5 freeway and be of a size and in a location which will not encroach into Caltrans right-of-way; therefore, Caltrans review would not be required. Al-10 The comment correctly states that there are no landscape issues, that the three-story buildings would be visible beyond the 20-foot sound wall, but would not cuase substantial visual changes along the freeway. As requested, the final plans for the sound wall have been submitted to Caltrans as part of the hydrology review. As discussed in Section I, Aesthetics, of the MND, visual and aesthetic impacts would be less than significant.All lighting fixtures are required to have light shielding pursuant to the City's municipal code, "Tustin City Code" (TCC) Section 9271hh, which would prevent light spillage off of the property. The 20-foot noise wall adjacent oto the site boundary with 1-5 would screen passing motorists from light and glare impacts. Al-11 The environmental documentation for this project is a MND. All project impacts would be less than significant with implementation of existing regulations, project design features, and mitigation measures. Page 2-10 September 2016 2. Response to Comments LETTER A2—Scott Morgan, Director, OPR(1 page) a _ to'na STATS OF CALIFORNIA - x# s GaVER mt OFFICE o PC,ANNlNG f ,AND xMF,AxCx a,� • 5`lATE CLEAI2INGHOUSEAND PLANNING UNITgcreu EDMt1ND G.BROWNJR GC 9 CIR RPWA= D1RaCIOH August 29,2016 RECEIVED Elaine Dove City of Tustin AUG 312016 300 Centennial Way Tustin CA 92680 CMMN1TY1}ihM0PMW11EPT Subject: Vintage Lofts Residential Project SCH#:2016071081 Dear Elaine Dove: Ike State Clearinghouse submitted the above named Mitigated Negative Dccleration to selected state agencies for review: The review period closed on August 26,2016,and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse A2-1 review requirements for draft environmental docutnems,pmsuant to the California F.aviromneatal Quality Act. Please call the Stave CJcm1agbotssc at(916)445-0613 if you have any questions regarding the environmental review process..If you have a question about the above-named project,please refer to the tan-(figtt State Clearingbouse number when contacting this office. Sincerely, Morgan Director,State Clearinghouse 140010th Street P.O.BW044 SacramealO California 95812.3044 (916)445.0613 PAX(916)323-3018 wmapr.ra.gov Vintage Lofts Residential Project City of Tustin •Page 2-11 2. Response to Comments b Document Details report ` State Clearinghouse Data Base Sch* 201 00 71 08 7 Project This Vintage Lofts Residential Project Lead Agency Tustin,City of Type MND Mitigated Negative Declaration Description The Vintage Lofts Residential project proposes to subdivide a 6,81 acre lot into two parcels for condominium purposes to accommodate 140 for sale residential units and ancillary uses(e.g private drives,parking,sidewalks,recreation uses and community center,walls and landscaping),The discretionary actions required to allow the project include a general plan amendment,zone change, planned community residential district standards,tentative tract map,and development agreement. Lead Agency Contact Name Elaine Dove Agency City of Tustin Phone (714)573-3136 par email Address 300 Centennial Way City Tustin State CA Mp Mao Project Location County orange City Tustin Region .LaflLon9 33'44',2i'N1'117'4937'W Cross Sheets Southwest comer of W.6th St and S.B St Parcel No. 401-341-04 Township 5W Range BW Section Base SB Proximity to: Highways 5 Airports Railways Waterways Schools Tustin HS Land Use GP.,Industrial;Z;Planned industrial Projectlssnas AesthetidVisual;Agricultural Land;Air puatIty,Archaeofoglc-Hlstoric;81016011cal Resources; DrainagelAbsorption;flood PlafrdMooding;Forest Land/Firs Hazard;GeologlclUsmic;Minerals; Noise:PopulationlHousing Balance;Public Services;RecmatioriiParlcs;Schoola/Universities;Septic System;Sower Capacity;.Soft ErosloNCompaction/Grading;Solid Waste;ToxiclHazardous; TrafficGroulatfon;Vegetation;Water Quality;Water Suppty;WatfandImparlan;Landuse;Growth Inducing;Cumulative Effects Reviewing Resources Agency;Department of Fish and Wildlife,Region 5;Department of Parke end Recreation; Agencies Department of Water Resources;Office of Emergency Services,California;California Highway Patrol; Caltrans,Distdct 12;Regional Water Quality Control Board,Region 6;Native American Heritage Commission DatoRecelved 0712=016 StartaReview 07/28/2015 EndofReview 08/1812018 Nnfn• Rianka In(lata fwMn mmilt frnm InmrMpJant fnf rn.elr,,,.w.n.ArroA k.,raffia Page 2-12 September 2016 2. Response to Comments A2. Response to Comments from Scott Morgan, Director, OPR, dated April 20, 2012. A2-1 This comment states that the State Clearinghouse circulated the MND for state agency review. As the comment does not raise concerns related to the project's environmental impacts, no response is necessary. Vintage Lofts Residential Project City of Tustin •Page 2-13 2. Response to Comments This page intentionally left blank. Page 2-14 September 2016 2. response to Comments LETTER A3 - Tamera Rivers. Management Analyst, Orange County Fire Authority (OCFA) (2 pages) t 'ORANGE COUNTY FIRE AUTHORITY 57115,Irving. T -71I • t Fire Authority Road Irvin' CA 92601 .lerrBowman,Fire shier (714)573-6000 www-ocfo.org tit August 11,2016 City of Tustin 300 Centennial Way Tustin,CA92780 Arm:Elaine Dove,Senior Planner Subject: Nlitigated Negative Declaration-Vintage Lofts Residential Project Dear Ms.Dove: Thank you for the opportunity to review the subject document.As stated in the document,The Orange County Fire Authority(OCFA)provides Fire protection and emergency medical services response to the pmject area. We have the following comments regarding the subject document: A3-1 o Page 117-Orange County Fire Authority has 72 fire stations. o Page 120-Under Project Design Features,the following items should be considered in order to insure a fire safe project: • Structures should have automatic fire sprinkler systems. • Access to and around structures to meet OCFA and California Fire Code requirements A3-2 • A water supply system to supply fire hydrants and automatic fire sprinkler systems. Fire hydrant spacing is 500 feet between fire hydrants. • Turning radius and access in and around the project site and buildings shall be designed to accommodate large fire department vehicles and their weight. • If the project includes traffic signals on public access ways,they should include the installation of optical preemption devices. • All electrically operated gates within the Project shall install emergency opening devices as approved by the Orange County Fire Authority, A3-3 In addition, we would like to point out that all standard conditions with regard to development,including water supply,built in fire protection systems,road grades and width,access,building materials,and the like will be applied to this project at the time of plan submittal. &Tvlirg[be Citio of Akiso vic}a•sumo Tsui•Cgn l•naaa pain)•E yinv Laguna kE:s-Lacuna Nipuel-Laguna Woods-Laic Forest-U Palma Lm Alzmi m•NUSSion Yieju•Placentia•Rmcho Snnla NSarWu-Sen Cl=cmc•San Juan Capalrmm•Sonia Am•Seal acavh•SLAMm•Tustin-Vil?a Rut Wrnminsttr•Yorba Linda•wul Unincorpmacd Anter,orOrmge Couay RMDE,"AL SPRINKLERS AND SMOKE ALARMS SAVE LIVES Vintage Lofis Residential Project Cityof*Ttistin aPage 2-15 2. Response to Comments Sincerely, Tamers Rivers Management Analyst (714)573-6199 Sarins the Cities or,Aliso Viejo•Bursa Park•LlV=•Dm Rolm-Irvine•Wgurw 8dis•Ugm Niguel•Lag=woods•Lakc Faresr•La Pal= Las ALndim•Mission Viejo•Plamniq•Acancc Sonia McrpdFfi•San Cla a ate•Soo loan Cops=•Santa Ana•Seal Beach•Suaaoo•74riut•Vdla Pork WearnInster•Ymha Lhtda•and Unineospor=d Areas arOnngc Counry RFSIDENTULSPRINKLERS AND SMOKE ALARMS SAVE LIVES Page 2-16 September 2016 2. Response to Comments A3. Response to Comment from Tamera Rivers, Management Analyst, OCFA A3-1 OCFA provides a comment correcting the number of fire stations within its service area. Page 117 of the MND is revised to state that OCFA consists of 72 fire stations. See Section 3 of this Response to Comment document, Revisions to the MND. A3-2 The commenter provides a list of OCFA standard conditions and suggests they be included as Project Design Features(PDFs).These items have not been included as PDFs because they are required by existing regulation (OCFA and CA Fire Code Requirements) and compliance with the such regulation is required by City of Tustin Conditions of Approval. Prior to issuance of building permits, the City of Tustin would route the project plans to the OCFA for review and approval, and requires the payment of OCFA Plan Check and inspection fees, per Condition of Approval 16.5. Condition 14.7 ensures that the adequacy of a proposed water system plan, including the number, size and distribution of fire hydrants, must meet OCFA fire protection requirements and must be stamped and approved by OCFA. A3-3 The proposed project would comply with all applicable OCFA standard conditions applied at the time of OCFA submittal. The project does not include electronically operated gates or new traffic signals. Vintage Lofts Residential Project City of Tustin •Page 2-17 2. Response to Comments This page intentionally left blank. Page 2-18 September 2016 2. Response to Comments LETTER A4---Jillian Wong, PHD, Planning and Rules Manager, SCAQMD (2 pages) South Coast Air Quality Management District 21865 Copley Drive,Diamond Bar,CA 91765-4178 (909)396.2000•www.agnd.gov ',FN'r\-I \1,-MA11,AND USPS: 1tt:uct 11.2016 edo,e,u ulstinca.ore Cslaine Dove,Senior Planner Community Develupntent Department City of Tustin 340 Centennial Way Tustin.CA 92780 Dr-aft 11iti¢ated Ncgativc (I)NIND1 for the Prttpowd Vinta-v 1_<rtt, Residential Pr•ujret Tbesi,tllhC,tast \ir(lu:1111% %I;1n�l��ctltrntliiti4tirl ("CkQNlf))�1alTnhl-r1,i+l�.rh� , ,,g,,rllllnrti IC,COIll m�nt r,II Ih,•nbl, -I11"1111 11',d dk,cum.�nt III,, tollrnciIJO 0011lt11.f01, :;I n1 -11:1 1��r the I.ead Agen,� 111d >Ilc=ulJ h: irlooap,rat',d Into Ills I in;11 MN 1) Proico Description In the pIt-i.�t de,criIII ion. Ileo I cad \P'MC% pn"I,, ;. to denx,lr,h Ill lI: 1 1 ,\I,lII ',uldu'IT ia!-11:11k huihlidl_ lulalin• i .t.-1.;1>;yuarc teetl ill linter Ill.uhdl•.IJI: the r,.hl-,I,rti 1,'1 irk,1t%o P,u-,els,. Ci�natC1I:IILr11 tk 0tIIeJ diel,�ee.in to build I.4�,-re,Iden tia! Cond�,nliIli unt h<,ntcs2 al„m,,tN ith arlciilal'N tl<,.,(e,",.1)rtt;tte(1ri',,�;ta%';.r;lr4.in". sideuall1. rO,:rC,III n uti ,. a ell:hlr ter. Et;tll, and Icul31ral,in,L�) C0111tRICti011 w Ili McCue in throe Itha�c. r%'cl :m allltnt�ilnatcl _' rtt,xtth period al ilSiln!',Ill 21117 Nt Itit ol-Li 1mlte\ 51:3F 11111-- W 2UI N. Health Ris4,Asse.,vtrtent and_ls.,<e9:netl hlilil all,,n A4-1 The I.ead :\,enol notes that the proposed residcn,o� +a ill hr:it,:d iu�t north of Ili,! lnler,Z A"C-5 filch I+:IS an a eragn:daily Ira i, t,.tante o! 24.000 t ehitile<th.11 in4ludc, 19,030 30 die-J IFLIJ k— 111'40„rthe c1oSe prosilnw, I.,Ilse e�i,llni.firo�ca r'ceillent,tcould he cxl «,I I,, lwltl4ulate matter.which is a L+ i,air o„r,lanlinasll. \s I,:Irl ut'llt, I rad A,,tin.v ,ar.d%ses.a health risk assesstttent"a,hcri�,rnlod. I hat anal%,i, dct,;rill uled that future residents would be cxpo%ed to cancer risk that 1N,Iuld e\.coed the 5C \()\I1)'s recotttmcnded significance threshold of 10 in one million cases. lo r,du,c the Qslinlatcd risk to a Im than significant level.tate Lead Agency rnitigation inclu,ll II• .1 4tc.aing, tentilation,and air I t)' NI),Appendix A ACS eC GHG Analyses,CalU.Mod output sheets useJ 175-SOD square feet for demolition r/huit Page 15 and CAEF.Mod output sheet,Land Use Size t httD Uwww dol co yovl (fi nsu 'Caltrans 2014Traffic fit Volumes on California Highways...flack Pcak Month(The peal:month ADT is the average daily traffic for the month of heaviest traffic flaw.This data is oht:llned because on many routes,high traffic volumes which occur during a certain season of the year are more representative of traffic conditions than the annual Alli)for 1-5 at Newport Avenue and 2014 L)aily Truck-Traffic Percentage(5 5%) for TustirOunction iiia 55 Vintage Lofts Residential Project City of Tustin +Page 2-19 2. Response to Comments Elaine Dove 2 August 11,2016 conditioning(HVAC)air filtration system for each residential unit.The air filtration system will A4-1 have a Minimum Efficiency Reporting Value(MERV)of 13 or higher.These and other support cont'd. action'will also be.part of the development's Covenant,Codes&Restrictions(CC&Rs)_ Based on the proposed mitigation,ilia project's cancer risk was estimated to be less than significant. Limits to Enhanced Filtration Units The Lead Agency should consider the Iimitations of the proposed mitigation for this project (enhanced filtration)on housing residents, For example,because the filters would not have any effectiveness unless the HVAC system is running,there may be increased energy costs to the A4-2 resident. The proposed mitigation also assumes that the filters operate: 100 percent of the time while residents are indoors. These filters also have no ability to filter out any toxic gases from vehicle e!dtaust. The presumed effectiveness and feasibility of this mitigation should therefore be evaluated in more detail prior to assuming that it wiII sufficiently alleviate near roadway exposures. , Compliance With SCAQMD Rules Finally,the project includes demolition and soil disturbance activities that could fall under the following SCAQIvID rules: Rule 1403—Asbestos Emissions from Demolition/Renovation Activities would apply if asbestos is found during demolition,and Rule 1166—Volatile Organic A4-3 Compound Emissions from Decontamination of Soil would apply if soils containing Volatile Organic Compounds(VOCs)are encountered during soil disturbance activities. If applicable, compliance with these rules should be included in the Final MND. Please provide the SCAQ;vID with written responses to all comments contained herein prior to A4-4 the adoption of the Final MND. The SCAQyID stag is available to work with the Lead Agency to address these issues and any other air quality questions that may arise. Please contact Gordon Mize,Air Quality Specialist—CEQA.Saction,at(909)396-3302,if you have any questions regarding these comments. Sincerely, ph�w ZU009� Jillian Wong,Ph.D. Planning and Rules Manager Planning,Rule Development&Area Sources JW:GM ORC 160802-OS Control Number Support Actions De.=ibed in the Draft 1S1R- 0 on Page 38. 2 Page .2-20 September 2016 2. Response to Comments A4. Response to Comments from JilIian Wong, PHD, Planning and Rules Manager,South Coast Air Quality Management District(SCAQMD), dated August 11, 2016. A4-1 This comment is a summary of the project description, the findings of the Health Risk Assessment (HRA), and the project's air filtration mitigation measure. Because this summary does not raise concerns related to the project's environmental impacts, no response is necessary. A4-2 Based on market research,the developer/applicant has identified a consumer demand for upgraded air filtration systems in similarly located projects. Therefore, the developerlapplicant has included as a project design feature (PDF-1) upgraded air filtration systems, rated MERV13 or higher, in all residential units. According to Status of Research on Potential Mitigation Concepts to Reduce Exposure to Nearby Trac Pollution, prepared by California Air Resources Board (CARE), August 23, 2012, research has shown that homes with positive static pressure HVAC systems with MERV 13 to 16 air filters result in a 90 percent reduction in fine particles (PM10) when compared to outdoor levels of PM10. It should be noted that the requirement for MERV 13 filters is a project design feature and is not mitigation, as CEQA is limited to the analysis of a project onto the surrounding environment and does not include analysis of environmental impacts onto the proposed project. Pursuant to California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Ca[Ath 369, Case No. S213478, agencies are not required to analyze the CEQA impact of existing environmental conditions on a project's future users or residents, unless the proposed project risks exacerbating those environmental hazards or conditions that already exist. The proposed project would not exacerbate existing environmental hazards. As discussed in the MND, all construction and operational air quality impacts are found to be less than significant. The project will negligibly add ADT to the 1-5 Freeway.The health risk assessment determined that the net reductions from the filtration system would result in the risks being lowered to less than 10 in one million,the SCAQMD cancer risk significance threshold. Therefore, impacts related to emissions from 1-5 would be less than significant.The health risk assessment has been provided to the City as an information item for land use decision making, but is not a CEQA required analysis condition. A4-3 ,Pursuant to existing regulations,the project applicant will be required to ensure that all contractors that perform work on the proposed project adhere to all applicable regulations, including SCAQMD Rule 1403 and 1166. Page 89 of the MND has been revised to state that the project includes demolition and soil disturbance activities that are subject to SCAQMD Rule 1403—Asbestos Emissions from DemolitionlRenovation Activities— if asbestos is found during demolition, and Rule 1166 —Volatile Organic Compound Emissions from Decontamination of Soil for soils containing VOCs. A4-4 Written responses will be transmitted to SCAQMD prior to adoption of the MND by the City Council. Vintage Lofts Residential Project City of Tustin •Page 2-21 2. Response to Comments This page intentionally left blank. Page 2-22 September 2016 2. Response to Comments LETTER R1 —Dave Hackett, Dated August 26, 2016 (1 page) From:Hackett, Dave[mailto:HwkettDCrbCTT,com] Sent:Friday,August 26,2016 4:21 PM To:Dove,Elaine Subject:420 W,6th Street Hi Blaine!My name is Dave Hackett.I own 445 112 W.6th Steet with my wife and live directly across the street from the proposed project at 420 W. 6th St. 4(though there are aspects of the proposed project I am very_concemed about the additional traffic,parking,and the construction dirt/noise. The parking on164h St.is already an issue due to the residents of Tustin Acres and some apartments parking on R1-1 the street Often cars will stay three grid four days in a row parked on 6th.I also see people being dropped off to park their car in my neighborhood.The additional homes will add to the issue. -I would fully support any permit parking for residents only or a no parking overnight initiative. In addition speeding on 6th Street is a real issue:I am concerned not only about the speed but the volume of traffic.Hopefully there will,not be an entrance to the development in front'ofmy house.I am concemed,on how the additional traffic will.be handled.I would support speed bumps. Hopefully the developers will work with the current residents regarding the noise and dirt. Regards, Dave&Karen Hackett Sent from my iPlione NOTICE:The infomiation contained in this message is proprietary and/or confidential and may be privileged.If you are not the intended recipient of this communication,you are hereby notified to:(i)delete the message and all copies;(ii)do not disclose,distribute or use the message in any manner;and(iii)notify the-sender immediately. Vintage Lofts Residential Project City of Tustin •Page 2-23 2. Response to Comments This page intentionally left blank. Page 2-24 September 2016 2. Response to Comments R1. Response to Comments from Dave Hackett, dated August 26, 2016. R1-1 The commenter's main concern is that the proposed project could negatively impact traffic speed and volume, and parking in the area. The commenter also expresses concern with regard to the potential negative construction noise and construction dust impacts of the proposed project. The MND demonstrated that there are not significant and unavoidable impacts associated with the proposed 140-unit development, including Air Quality, Noise, and Traffic.As demonstrated in MND Section 3.3, Air Quatity, there are no project-related air quality impacts from short-term construction activities or long-term operation of the project. The project will comply with South Coast Air Quality Management District (SCAQMD) Rule 402 (Nuisance)and Rule 403 (Fugitive Dust).As required by PPP-3 of the Mitigation Monitoring and Reporting Program (MMRP, Section 4 herein) the project developer will require construction contractors and subcontractors to employ the following enhanced dust control measures during construction to minimize particulate matter(PM-10 and PM-2.5) emissions: 1. Suspend the use of all construction equipment during first-stage smog alerts. 2. Apply soil stabilizers such as hay bales or aggregate cover to inactive areas. 3. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. 4. Stabilize previously disturbed areas if subsequent construction is delayed. 5. Water exposed surfaces and haul roads 3 timestday. 6. Cover all stock piles with tarps. 7. Replace ground cover in disturbed areas quickly. 8. Reduce speeds on unpaved roads to less than 15 mph. 9. Trenches shall be left exposed for as short a time as possible. 10. Identify proper compaction for backfilled soils in construction specifications. 11. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard. 12. Sweep streets daily if visible soil material is carried out from the construction r site. 13. Provide water spray during loading and unloading of earthen materials. 14. Minimize in-out traffic from construction zone. Section 3.12,Noise,demonstrates that changes in traffic noise due to the project would not result in significant long-term, traffic-related noise impacts to offsite uses and no mitigation is required. Likewise, the project would not result in any significant short- term or long-term impacts from project construction or operations. Section 3.16, ,Transportation/Traffic, and the project-specific traffic study both demonstrate that the project would not result in more traffic as compared to existing conditions, but would reduce the volume of 'traffic to the site. The project would generate a net total of 439 fewer daily trips (439) including 89 fewer trips(-89)during the AM peak hour and 83 fewer trips(-83)during the PM peak hour. Net negative trips are anticipated because the existing industrial use generates more trips than the proposed residential use. As a result, in the project's opening year, and in year 2035, all intersections would continue to operate at acceptable Level of Service (LOS) B or better in the "with-project" traffic condition. Project-generated traffic would not contribute to a significant cumulative traffic impact in either the AM or PM peak hours. The majority of intersections would operate at LOS A. Vintage Lofts Residential Project City of Tustin •Page 2-25 2. Response to Comments Every unit in the Vintage Lofts project would have a two-car attached garage. Parking for the proposed project would meet the off-street parking requirements of the City of Tustin. A total of 315 parking spaces are required, including 280 covered spaces and 35 guest parking spaces. The project provides 280 garage spaces and 69 guest parking spaces for a total of 349 parking spaces. City Condition of Approval 6.5 (k) requires residents to keep garages clear and available to park vehicles. In addition,the CC&Rs shall include provisions requiring the HOA to develop and adopt an enforcement program for parking regulations within the development to ensure garages are kept clear. The rest of the MND demonstrates that there are no significant environmental impacts. These comments, including the comment's support for speed bumps, permit parking and no overnight parking will be forwarded to the decisionmakers for their consideration. Page 2-26 September 2016 2. Response to Comments LETTER R2-- Heather Hackett, Dated August 25, 2016 (1 page) From:Heather Hackett[rnailto:hackettheatherogmail.com] Sent:Thursday,August 25,2016 7:47 PM To:Dove,Elakre Subject:420 W.6th Street Hi Elaine!My name is Heather Hackett.I own 445 W.6th Steet and live directly across the street from the proposed project at 420 W. 6th St. Although there are aspects of the proposed project am very concerned about the additional traffic,parking,and the construction dirUnoise. The parking on 6th St.is already anissue due to the residents of Tustin Acres and some apartments parking on R2-1 the street.Often cars will stay three and four days in a row parked on 6th.I-also see people being dropped off to park their car in my neighborhood.The additional homes will add to the issue. Iwould fully support any permit parking for residents only or a no parking overnight initiative. In addition speeding,on 6th Street is a real issue.I am concerned not only about the speed but the volume of traffic.Hopefully there will not be an entrance to the development in front ofmy house.I am concerned on how the additional traffic be handled.I would support speed bumps. Hopefully the developers will work with the current residents regarding the.noise and dirt. Regards, Heather Hackett Vintage Lofts Residential Project City of Tustin •Page 2-27 2. Response to Comments This page intentionally left blank. Page 2-28 September 2016 2. Response to Comments R2. Response to Comments from Heather Hackett, dated August 25, 2016. R2-1 The commenter's makes the identical comments as Dave Hackett in Letter R-1 and is referred to Responses to Comment R1-1. These comments will be forwarded to the decisionmakers for their consideration. r. Vintage Lofts Residential Project City of Tustin •Page 2-29 2. Response to Comments This page intentionally left blank. Page 2-30 September 2016 2. Response to Comments Maureen U, Dated August 15, 2016 (1 page) ----original Message----- From;Maureen U[mail to:Maureen.Li@wde.com] Sent:Monday,August 15,20161:43 PM To:Dove,Elaine Cc.maureenli@yahoo.com Subject.Intracorp So Cal-1 LLC-Written Comments Dear Ms.Dove, As a property owner near by,I am writing to express my concern related to additional residential development in a very cramped area of old Town Tustin. Not only the streets are narrow(5th,Pacific,A and B)surrounding the proposed development, over the years,high density apartment complexes were built at the end of 6th street and apartments at the City line with Santa Ana to the East. All kinds of vehicles were parked on the streets mentioned in Old Town Tustin. The proposed development will posted additional Parking challenges and continue to be the 91 concerns for the impacted home owners. We see folks from other high density area coming to drop off their vehicles and left them parked overnight and over the R1-3 weekends. They came in 2-3 at a time and carpool back to where they come from. Other uses skateboards,roller blades and other transport after dropping off their vehicle parked on 6th,Pacific,Main,A and B streets These folks left behind trash and oil drips on the roadway. I have to call police several time because my driveway was blocked by the parked vehicle preventing me from getting out. I understanding the importance of community development. If I may suggest the following actions for your consideration: Traffic study to support the added traffic resulting from the condo development. Requiring parking permits for the residents who reside in the area and no parking on these streets without City Issued permit. Red curb the areas where parked vehicle is interfering with our driveway access. I can be contacted at maureenli@yahoo.com if you need any additional information from me. Respectfully submitted, Maureen U HO-535 Pacific street Tustin Vintage Lofts Residential Project City of Tustin •Page 2-31 2. Response to Comments This page intentionally left blank. Page .2-32 September 2016 2. Response to Comments R3. Response to Comments from Maureen Li, dated August 15, 2016. R3-1 The commenter states that there is a parking issue in this part of Old Tustin and expresses concern that the proposed project would result in additional parking challenges on public streets. The commenter wants to ensure that a traffic study for the project has been prepared. Furthermore, she expresses support of permit parking on the local public streets and the use of red curbs in areas where parking is interfering with private driveways. Section 3.16, Transportation/Traffic, and the project-specific traffic study both demonstrate that the project would not result in more traffic as compared to existing conditions, but would reduce the volume of traffic to the site. The project would generate a net total of 439 fewer daily trips (439) including 89 fewer trips (-89)during the AM peak hour and 83 fewer trips(-83)during the PM peak hour. Net negative trips are anticipated because the existing industrial use generates more trips than the proposed residential use.As a result, in the project's opening year, and in year 2035, all intersections would continue to operate at acceptable Level of Service (LOS) B or better in the "with-project" traffic condition. Project-generated traffic would not contribute to a significant cumulative traffic impact in either the AM or PM peak hours. The majority of intersections would operate at LOS A. Every unit in the Vintage Lofts project would have a two-car attached garage. Parking for the proposed project would meet the off-street parking requirements of the City of Tustin. A total of 315 parking spaces are required, including 280 covered spaces and 35 guest parking spaces. The project provides 280 garage spaces and 69 guest parking spaces for a total of 349 parking spaces. City Condition of Approval 6.5 (k) requires residents to keep garages clear and available to park vehicles. In addition,the CC&Rs shall include provisions requiring the HOA to develop and adopt an enforcement program for parking regulations within the development to ensure garages are kept clear. The rest of the MND demonstrates that there are no significant environmental impacts. These comments, including the comment's in support for permit parking and no overnight and red curbs near private driveways, will be forwarded to the decisionmakers for their consideration. Vintage Lofts Residential Project City of Tustin .Page 2-33 2. Response to Comments This page intentionally left blank. r Page 2-34 September 2016 2. Response to Comments LETTER R4—Reese Udall, Dated August 26, 2016 (1 page) From: Reese Udall[malito:resseudalighotmail.com] Sent: Friday,August 26,2016 4:31 PM To:Dove,Elafie Subject:Vintage Lofts Project Hi Elaine, Carne in today 8/26 to inspect the Vintage Lofts,Project on 6th Street. oven a small 5-unit apartment.building down wind end'caddy-corner to this project at 545 S.8 St. This project R4-4 sound nice and removing the industrial park is-a plus. The current concerns are for my many tenants,the neishborhood and future building values as follows: 11 dustcoming down wind blanketinR everythinR(the plan is to take,5'of top soil off),2)dirty streets and 3)future parking. If these issues arise,1 am confident the City will help rectify the problem. i Thanks for your time and attention to this matter. Reese Udall,.Manager 5455:B Street Apartments,LLC 949-363-7238 Vintage Lofts Residential Project City of Tustin +Page 2-35 2. Response to Comments This page intentionally left blank. Page 2-36 September 2016 2. Response to Comments R4. Response to Comments from Reese Udall, dated August 26,2016. R4-1 The Commenter's concern is that the proposed project could negatively impact individual property value. The commenter also expresses concern for the proposed project with regard to construction dust and parking. The Commenter's concerns regarding property value will be shared with the decision- makers. However, it should be noted that neither the Public Resources Code nor the State CEQA Guidelines requires that a MND evaluate social or economic impacts of a project unless those social or economic impacts would lead to physical environmental changes (CEQA Guidelines Section 15064(e) and Section.15131). Since property values are an economic consideration,they are not included within the MND. As demonstrated in MND Section 3.3, Air Quality, there are no project-related air quality impacts from short-term construction activities or long-term operation of the project. The project will comply with South Coast Air Quality Management District (SCAQMD) Rule 402 (Nuisance) and Rule 403(Fugitive Dust). The project developer will require construction contractors and subcontractors to employ the following enhanced dust control measures during construction to minimize particulate matter (PM-10 and PM-2.5) emissions: 1. Suspend the use of all construction equipment during first-stage smog alerts. 2. Apply soil stabilizers such as hay bales.or aggregate cover to inactive areas. 3. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. 4. Stabilize previously disturbed areas if subsequent construction is delayed. 5. Water exposed surfaces and haul roads 3 times/day. 6. Cover all stock piles with tarps. 7. Replace ground cover in disturbed areas quickly. 8. Reduce speeds on unpaved roads to less than 15 mph. 9. Trenches shall be left exposed for as short a time as possible. 10. Identify proper compaction for backfilled soils in construction specifications. 11. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard. 12. Sweep streets daily if visible soil material is carried out from the construction site. 13. Provide water spray during loading and unloading of earthen materials. 14. Minimize in-out traffic from construction zone. As determined by the MND, dust control measures required by the SCAQMD would ensure that there are no significant impacts to streets and adjacent properties. Please see Response to Comment R1-1 for a detailed response to the project's provision of guest parking spaces. The rest of the MND demonstrates that there are no significant environmental impacts. These comments will be forwarded to the decisionmakers for their consideration. This page intentionally left blank. Vintage Lofts Residential Project City of Tustin a Page 2-37 2. Response to Comments Page 2-2 September 2016 3. Revisions to the MND 3.1 INTRODUCTION This section contains revisions to the MND based upon (1) additional or revised information required to prepare a response to a specific comment; (2) applicable updated information that was not available at the time of MND publication; and/or(3)typographical errors. Changes made to the MND are identified here in Gt.°�ut tto indicate deletions and in bold underlined text to signify additions. These changes do not result in new, different or more significant impacts than previously identified. These changes represent minor alterations that clarify and amplify information that was contained in the publicly circulated version of the Mitigated Negative Declaration. 3.2 MND REVISIONS IN RESPONSE TO WRITTEN COMMENTS The following text has been revised in response to comments received on the MND. Page 48,Section I,Aesthetics, is revised as follows: The buildings would be replaced with 140 two—, and three-, a r-story residential units. Page 50, Section I,Aesthetics is revised as follows: PPP-2: Lighting. Prior to the issuance of building permits,the applicant shall submit a photometric lighting plan showing compliance with the TCC Section 8102, (N492) which requires a minimum one foot- candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. The photometric plan must also show no light spillage pursuant to TCC Section 9271 hh. Page 89,Section VIII, Hazards and Hazardous Materials, is revised as follows: Furthermore, the project includes demolition and soil disturbance activities that are subject to SCAQMD Rule 1403 —Asbestos Emissions from Demolition/Renovation Activities—if asbestos is found during demolition, and Rule 1166 — Volatile Organic Compound Emissions from Decontamination of Soil—for soils containing VOCs. Page 118, Section XIV, Public Services, is revised as follows: The OCFA consists of 7 divisions, 9 battalions,-74 72 fire stations, 951 firefighters, 6 executive chiefs, and 248 professional staff members. Vintage.Lofts Residential Project City of Tustin •Page 3-1 3. Revisions to the 1V1ND Page 118,Section XIV, Public Services, is revised as follows: must enteF inte the seGuFed fife pfeteetkm agreement pFjqF tq K_;q,1RnAA Af any building p q f6r thp 5e� est. Irn ementati., „f o00 7-wo,d.l r���..e etefltial--i 6 5� moo— PF ",Gt'n fps �s1 �—P �Q to the ��"�_=-_ level. Page 128,Section 3.15 Transportation and Traffic, is.revised as follows: As shown in Table 4-22, all study area intersections are forecast to operate at satisfactory LOS under the Buildout Year 24�3 With-Project conditions. Page 120,Section XIV, Public Services, is revised as follows: PPP-7-SerWedCire-RrncEGten Agreement. . P r 0 a r t e .1 s r-,-'R_.R A-em _R f_;; -h'Uilding permit fbr aRy resideRres, the designated site developeF shall enteF into a SeGured Fire Prater_-tien AgFeement with the QFange County FiFe AutheF4. The R-eiGured Fire Preter-fien establish adequate fire nreten#ien faGillties and equipment, andlnr nernnnnel Table 5-1, Mitigation Monitoring and Reporting Program, has been revised as follows: Page 3-2 September 2016 3. Revisions to the AIIIVD 5.0 M1llgadmdonllarino and Reputing Program . TABLE}t . MITIGATION MONITORING AND REFORTING PROGRAM Number Measure Monitoring AcWry Implementation Responslblliryfor Timing Oulslde Agency Responsibilityl Oversight of Cwtdinatinn yeriflcatlon Compiiancel yenOcation AESTHETICS Prdect Design Fozilurcu; None. PoYcros Plarfs and Procedures PPP-1 Project construcInn hours will be Ii to tha Construction hours, pil Cbyor Tuslin Ongoing NIA hours of 7:00 a.m. and O;W pm, Mondays DoveloperiConstrud ion Commpnily dpvugh Friday,and the Iwo*of 910 am end Cantrwtor Development Dept. 0.00 pm on Saturday and never on Sundays or dtyabserved federal holidays. Ill Prior to the issuance of building perl the Lighting plan. PfOjegt Cityof Tustin Prior to Bull NIA applicant shall subrrdt a photometric fighting plan DevefoperlConstruction Cernmrmily lands showing eompliaace v ith the TCC.Section 8102, Contractor Development Dept �PF7B2�-f2}-which requires a minimum we tat• t' candle of light en the private drives and parking surfaces and a minimum of one-quarter fact- candle of light on the �Ildng mrlar•Ps Tho fighting plan Istohe ovedad onto a tree IartduGape plan,The photometric plan musl:Msoshawno light npiUage pursuant to TCC Semon g271hh mill tion Measures - .. .. - ....... Now. AIR QUALITY Fro eof 0esr n Features PCF-[ The appticanVdeveloper shall install upgraded air Air figratlon systema Il CCdy of Tustin Prior to Bulding NIA fd Wilt systems in all residential units. Air DevelopedConstruction Community Permits fdtratandeviees sliall berated M=13 or higher. Contractor Development Dept Verba n systems in residential units shall meet thistoWng minimal des'nslandards Cilyof rwm-Imw SrL'*Atpgpled Negen. Derlaralbn Pape 142 - Vi lepeL fisReadeatialPrpp-cl JWy2016 Vintage Lofts Residential Project City of Tustin •Page 3-1 3. Revisions to the MND SL Mlddadon M-116Hng and AepnrHry Program TABLE 5-f MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Imptementatian Responsibilltyfor Timing Outside Agency Rcsponslbitityf Oversight of Coordination Yerittcatlan Camplianca) verincaVon AMERv13 or higher rating; Atleast ono air exchange(s)per tour of frestl outside filteled air, At least lour ait exchange(s) per hour redreulation;and At leatl 0.25 air exchange(s) per hour In urNoered Innlnation. F"sWan0s p'24 for the buildingd heating, W F041 OF 0 WAkQ'A namtoAnq, and FOP M aeedc4 Pofides,Plans,and Procedures PPP-3 Fugilivedust. Pto}ed City of Tustin Ongoing Powirbte The project will corfiply with South Coast Air 0evelopedConsiruc11ion Community Durinci coordination vMr CuaTay Management District(SCA,OMD)Rule 402 Contractor Development Dept. Constructlom SCAQMO (Nuisance)and Rule 403(Fugat.e Dust)..The project developer WD require earmtructmr contractors and subcontractors to employ the foUovAng enhanced dust control measures during construcUonto mi&rm ve parucuiate matter(PM-10 and PM-2. emissions: Cilyef T.M.-1.,W SW11 bWbd Neperiro Dedwal'ae Pepe 143 4lrrlepe tonsR..V-hW pmper _ Jrry2ele Page 3-2 September 2016 3. Revisions to the AMD 5.0 Mogadon Monlloring and Repwling Aromam TABLE St MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monktoring Activity lmplementatian Responsibllityfar Timing Outside Agency Responsibility( Oversight of Coordination Verification compliance! Verification 1- Suspend the use of all construction equipment during first-stage smog aierts- 2. Apply soil stabllzem such as hay bales or aggregate cover to inactive areas 3 Prepare a high wind dust central plan and Implement plan elements and terminate sail disturbance when wsnds exceed 25 mph 4. Smbigzo previously disturbed areas it subsequent construction Is deed. 5_ Water exposed surfaces and haul roads 3 tvnesfday. 0. Cover all stock piles nfth tarps T. Replace ground rover In disturbed areas quicldy. B. Reduce speeds on unpaved roads to less than 15 mph. 9_ Trenches!hall be left exposed for as short a time as passible. 10. Ideftfy proper compaction for backfilled sacs In constructIon specifications. 11.Cover all trucks hauling dirt,sand,or Icons material or require all trucks to rrrai lain at reast two rest of freeboard. 12. Sweep streets dairy if.visible sal material m carded out from the construction site. 13. Provide water spray during loading and unloading of earthen materials, 14. M'alimi=ein-dui traiflC!rpm CarlstNWOa zone. BIOLOGICAL RESOURCES - :M ecrOesf nFeatures_ None. PoUctes Plans andPracedUred' Nom Mlrf ation Measures ' CRYN Tomo-Iaftel Slud{RVnrpafef NegalAe Ded"bon Pave I" Y rspa LalsReekenYaf Aoubct Joy 2016 Vintage Lofts Residential Project City of Tustin •Page 3-3 3. Revisions to the A17VD SD Mi igenmrdmlfodng and Reporting Pmgram TAELF 54 F MRIGATION MON1TORiNG AND REPORTING PROGRAM Number Measure Monitoring Actl0ty Implementation Responsibilityfor Timing Outside Agency Responsibility? Overslgbtof Coordination Verification Compliancef Verification MM 8-1 Prior to appowaloi grading plans,the Community Nesting Bird Survey Project City of Tustin Prior to grading N/A Development Oeparlrrient stea1 verify that the DeveMmdCwstruatfon Community permit following role s included m the contractor Contractor Development Dept specifications to ensure compliance with the Migratory Bird Treaty Act(MBTA), ?o avoid InW e"on nesting birds,vegetaton on the project site should be,cleared between September i and February 26. If vegetation deaffrtg occurs inside Ne peak nesting season (between March 3 and August 31), a pre- cdnstnrction survey(or possibly multiple surveys) shaft be conducted by a qualified 8idogst to idamifyirthere are any active nesting kxatiocr.it the Bialogisttices not find any active nestswithin the impact area, then vegetation dearirgroonstructim murk will,be allowed.If the Idlelogist folds an active nest wdhin the construction area and detemtines that the nen may be impacted:by eonslrucdon activities.Bre BioNiM viii deineale an appropriate buffer zone around the nest depending on tha spectesand the type dcorlstruclion actuAy,(:ons1ruction activAiea would be prohibited in the buffer zone until a gva!ified Biologist determines that tine nest has been abandoned" CULTURALRESOURCES Project Des?n Feartires None. es send Procedures•... UPPP-4 Shoultl human remains be discovered during Discovery of human Rajpq City of Tustin tingeing— Pessrole pmjectc�nstruction,theproject,wuldharegured remains. De+elo a nstruction Community DurinoGradina 000tdinatianwith to-comply With state Health and Sof Code Contractor Deveto ntDe NAHC and C0ycf TuMn•Imblat SludydNJgated NcphrDedere0on Pope 013 V.Uge LalsRetrldarrial prejecl Jrdy 7018 MND Figures 8,40, and 77 have been revised as follows: Page 3-4 September 2016 3. Revisions to the AND Figure 8 Landscape Plan rJIM ri I .v r I I .A • Y T tif• _ 1 s r' VINTAGE RES[DE?MAL PROJECT FIGURE 8 "`"°' ,,"" Landscape Plan Vintage Lojis Residential Project City of Tustin •Page 3-5 3. Revisions to the .MND This page intentionally left blank. Page 3-6 September 2016 3. Revisions to the MND Figure 10 Recreation Area • r ,. d 'r j CflI.IC PARK' � " I D13 A 11 `ENkANCEU WING 101,kATIVE f Y —004 WA', SSATIOE ATION SEAT WAII r 1 , RECREATION AREA DOG � •a 1. 1I I[u PIANri ANCF4 PAYING _..ILO W M kOU Gkr 10.0N reNCk "'6'n--..4 ..Sen nlAlurek w�Etr+. IN I I vrAGE RESIDENTIAL PROJECT FIGURE 10 lelrf ""(r""'" Recreation Area .lerl+cr br.2u T.6 Vintage Lofts Residential Project City of Tustin +Page 3-7 3. Revisions to the MND This page intentionally left blank. Page 3-8 September 2016 3. Revisions to the I AD Figure 11 Paseos .6 -ql LY - - Sl1A�[I011IANr+IFNTIN(: COLOM CONCITTE i ._.._._. J IPP� � .�.._.._.._._ IOIIIP IIANrL � • -- Ij '�'' , �'�' �E""„, � _ --- Ii.r•n onrw[rexo fry::� � • TYPICAL VERANDA COVET P..SEO TYPICAL'MELEOEE PLACE'PASEO �.1 Y WNTAGEAMMSMALPao1F.cT FIGURE Il l:tty u6 Nam Srprrn'eAer PS,?E1yfi Paseos Vintage Lofts Residential Project City of Tustin v Page 3-9 3. Revisions to the MND This page intentionally left blank. Page 3-10 September 2016 Appendices Appendix A. Traffic Impact Analysis Memo Vintage Lofts Residential Project City of Tustin Appendices This page intentionally left blank. September 2016 Appendices TUSTIN Inter-Com DATE JUNE 28, 2016 till ,,..... TO ELAINE DOVE, SENIOR PLANNER FROM: KRYS SALDIVAR, PUBLIC WORKS MANAGER-TRAFFIC/TRANSPORTATION SUBJE=CT DRAFT TRAFFIC IMPACT ANALYSIS: 420 W 61" STREET RESIDENTIAL PROJECT —21'E' REVIEW Public Works Staff has reviewed the Revised 420 W. (37"Street Residential Project dated May 13, 2016. The preparation of the document is consistent with Tustin requirements and the conclusions are supported throughout the analysis. However, there are minor inconsistencies and corrections throughout the document that need to be addressed. Please consider the following comments: 1. There are a couple of minor inconsistencies and corrections in Figure 3 for intersections#1 and#3 Note that SB is a driveway at#1 and NB is a driveway at#3 but Figure 4 inconsistent as far as showing corresponding lanes and turn volumes Also at#1 note de facto NBR 2 In Figure 5, please note in the title that this Figure represents the Buildout Year (2035) Peak Hour Volumes"No-Project" 3. Please re-review the headings on the calculation sheets in the Appendices to be consistent with the headings in the document figures (i e. Pacific& W 6" St vs. E 6'" St.?) Again, City staff did not check every worst sheet, but did notice inconsistencies on a few Please contact me if you have any questions. Finteigc Look Rcsiclewicrl Ngjea On,ol'bislin Appendices This page intentionally left blank. Septemher 2016 ATTACHMENT K Resolution No. 4326 -- GPA 2016-01 i RESOLUTION NO. 4326 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL 'PLAN AMENDMENT 2016-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM INDUSTRIAL (1) TO PLANNED COMMUNITY RESIDENTIAL (PCR) FOR THE PROPERTY LOCATED AT 420 WEST 6T" STREET AND 320-694 S. B STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: ; I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin Community Development 'Department by Intracorp SoCal-1 LLC for a General Plan Amendment 2016-01, Zone Change 2016-001, Tentative Tract Map 17993 for Condominium ' Purposes, Design Review 2016-0004 and Development Agreement 2016-004 to demolish an existing industrial park consisting of eleven (11) buildings and associated facilities and develop one hundred forty (140) residential condominium units with common and private open space including a recreation center, swimming pool and paseos, and a privately owned and maintained public park, on an approximately 6.81 acre site located at 420 W. 6th Street and 320-694 S. B Street. B. That the subject property is zoned Planned Industrial and designated as Industrial (1) under the General Plan Land Use description. C. That the subject property has been used for various industrial uses since 1961. D. That the project, as proposed would conflict with the existing Industrial General Plan land use designation for the site. E. That the subject property is surrounded by a range of uses including commercial, light industrial, residential and the Interstate 5 freeway. F. That the proposed change to the General Plan land use- designation to Planned Community Residential (PC Residential) would allow for the development of low, medium and high density residential development within a wide range of living accommodations. G. That the project, as proposed, would have a density of 20.5 du/acre, consistent with high density residential developments. H. That the City ',conducted a ninety-day consultation period on the project with California Native American Tribes pursuant to Government Code Sections 65351 and 65352.3 and received no comments; Resolution No. 4326 Page 2 I. That City of Tustin prepared an Initial Study to evaluate the potential environmental impacts associated with General Plan Amendment 2016-01 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared; J. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study were made available for a 30-day public review and comment period from July 27, 2016, to August 26, 2016, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; K. Public comments were received and a Final MND Declaration with responses to submitted comments was prepared. L. That a public hearing was duly called, noticed and held for General Plan Amendment 2016-01 on September 27, 2016 by the Planning Commission; M. That proposed General Plan Amendment 2016-01 is consistent with the following General Plan Land Use goals and policies: 1. Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. 2. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 3. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. 4. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. 5. Policy 5.8: Improve edge conditions and buffers between older residential neighborhoods and adjacent freeway edges. 6. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 7. Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. 8. Policy 8.7: To ensure an orderly extension of essential services and facilities, and preservation of a free-flowing circulation system, continue to require provision of essential facilities and services at the developer's Resolution No. 4326 Page 3 expense where these systems do not exist or are not already part of the City's financed capital improvement program. 9. Policy 1.0.2: Review and consider the possible development of residential uses in the Old Town area both as individual residential projects, and integrated above ground floor retail and office uses. 10.Policy 10.3: Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development. N. That the proposed project is consistent with the Planned Community Designation PC Residential which allows for a diversification in the relationships of various densities, building and open spaces and provides for development of low, medium and high density residential development within a wide range of living accommodations. O. That the Planning Commission has considered the Initial Study/Mitigated Negative Declaration along with its Mitigation Monitoring and Reporting Program in its recommendation that the City Council approve General Plan Amendment 2016-01. II. That the Planning Commission does hereby recommend that the City Council approve General Plan Amendment GPA 2016-01. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of September, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A" Existing and Proposed General Plan Land Use Designation Resolution No. 4326 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 City of Tustin, California; that Resolution No. 4326 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27thth day of September, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4326 L 4 LDR� TDR LDR4 HDR $ Subject Property SI .TF 5T IT w PI I OTC PI PCR UTC SOS kD SGA{R am Uw Mk Existing General Plan - I Proposed General Plan - PCR ATTACHMENT L Resolution No. 4328 -- ZC 2016-001 RESOLUTION NO. 4328 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1472 APPROVAL OF ZONE CHANGE 2016-001, AMENDING THE ZONING DESIGNATIONS FROM PLANNED INDUSTRIAL (PM) TO PLANNED COMMUNITY (PC) TO ACCOMMODATE THE CONSTRUCTION OF A 140-UNIT RESIDENTIAL -CONDOMINUM PROJECT AT 420 W. SIXTH STREET -AND 320 -694 S. B STREET The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin by Intracorp SoCa[-1 LLC to change zoning designation from Planned Industrial (PM) to Planned' Community (PC) to accommodate the construction of 140-unit residential condominium project located at 420 W. Sixth and 320-694 S. B Street with common and private open space including a recreation center, swimming pool and paseos, and a privately owned and maintained public park, on an approximately 6.81 acre site located at 420 W. Sixth Street and 320-694 S. B Street. B. That a public hearing was duly called, noticed, and held on said application on September 27, 2016, by the Planning Commission. C. That the proposed amendment to the zoning district is in the best interest of the public in that it increases the diversity in available housing for existing and new residents in the City of Tustin. D. That the proposed zone change is consistent with General Plan Amendment 2016-01 and the policies of the General Plan;-as evidenced by the following findings: (a) That the project is adjacent to other residential uses, particularly single family dwellings across W. Sixth Street. (b) That residential uses are more beneficial to adjacent single family dwellings than the current industrial uses. (c) That the Fiscal Impact Analysis prepared for the project determined that the project will have a positive outcome for the City. Resolution No. 4328 Page 2 (d) That the Planning Commission has considered. General Plan Amendment 2016-01 and recommended that the City Council approve the request to change the General Plan Land Use Designation from Industrial (1) to Planned Community (PC). (e) That the proposed zone change is consistent with the General Plan in that the Planned Community zoning district it provides for a multi- family development to meet regional housing needs and is consistent with the following goal and policies of the General Plan Land Use Element: 1. Goal 1: ProvAde for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. 3. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 4. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or .passive recreation as well as for visual relief. 5. Policy 2.2: Maintain. consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. 6. Policy 5.8: Improve edge conditions and buffers between older residential neighborhoods and adjacent freeway edges. 7. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 8. Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. 9. Policy 8.7: To ensure an orderly extension of essential services and facilities, and preservation of a free-flowing circulation system, continue to require provision of essential facilities and i Resolution No. 4328 Page 3 services at the developer's expense where these systems do not exist or are not already part 'of the City's financed capital improvement program. 10.Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development. E. That the proposed project is consistent with the Planned Community land use designation which allows for a diversification in the relationships of various densities, building and open spaces and provides for development of low, medium and high density residential development within a wide range of.living accommodations. F. That the Vintage Planned Community District Regulations is attached hereto as Exhibit B of Ordinance 1472. The Vintage Planned Community Regulations define development standards applicable to the project site. G. That an Initial Study was prepared to evaluate the potential environmental impacts associated with Zone Change 2016-001 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared; 11. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1472 approving Zone Change 2016-001, amending the Zoning designations from Planned Industrial (PM) to Planned Community (PC) zoning district, as identified in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of September 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A: Draft Ordinance 1472 Resolution No. 4328 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4328 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 2016. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TO RESOLUTION NO. 4328 Draft Ordinance 1472 DRAFT ORDINANCE 1472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2016-001, AMENDING THE ZONING DESIGNATIONS FROM PLANNED INDUSTRIAL (PM) TO PLANNED COMMUNITY (PC) TO ACCOMMODATE THE CONSTRUCTION OF A 140-UNIT RESIDENTIAL CONDOMINUM PROJECT AT 420 W. SIXTH STREET AND 320 -694 S. B STREET The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows A. That a proper application. has been submitted to the City of Tustin by Intracorp SoCal-1 LLC to change zoning designation from Planned Industrial (PM) to Planned Community (PC) to accommodate the construction of 140-unit residential condominium project located at 420 W. Sixth and 320-694 S. B Street with common and private open space including a recreation center, swimming pool and �paseos, and a privately owned and maintained public park, on an approximately 6.81 acre site located at 420 W. Sixth Street and 320-694 S. B Street. B. That a public hearing was duly called, noticed and held on said application on September 27, 2016, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution 4326 recommending the Tustin City Council approve,Zone Change (ZC) 2016-001 by adopting Ordinance No. 1472. C. That a public hearing was duly called, noticed, and held on said application on October 18, 2016, by the City Council. D That the proposed amendment to the zoning district is in the best interest of the public in that it increases the diversity in available housing for existing and new residents in the City of Tustin. E. That the proposed zone change is consistent with General Plan Amendment 2016-01 and the policies of the General Plan, as evidenced by the following findings: F. That the project is adjacent to other residential uses, particularly single family dwellings across W. Sixth Street. 1. That residential uses are more beneficial to adjacent single family dwellings than the current industrial uses. Ordinance 1472 Page 1 of 4. 2. That the Fiscal Impact Analysis prepared for the project determined that the project will have a positive outcome for the City. 3. That the Planning Commission has considered General Plan Amendment 2016-01 and recommended that the City Council approve the request to change the General Plan Land Use Designation from Industrial (1) to Planned Community (PC). 4. That the proposed zone change is consistent with the General Plan in that the Planned Community zoning district it provides for a multi- family development to meet regional housing needs and is consistent with the following goal and policies of the General Plan Land Use Element: 1 . Goal 1: Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. 3. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 4. Policy 1 .11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. 5. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. 6. Policy 5.8: Improve edge conditions and buffers between older residential neighborhoods and adjacent freeway edges. 7. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 8. Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. Ordinance 1472 Page 2of4 9. Policy 8.7: To ensure an orderly extension of essential services and facilities, and preservation of a free-flowing circulation system, continue to require provision of essential facilities and services at the developer's expense where these systems do not exist or are not already part of the City's financed capital improvement program. 10.Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development. G. That the proposed project is consistent with the Planned Community land use designation which allows for a diversification in the relationships of various densities, building and open spaces and provides for development of low, medium and high density residential development within_ a wide range of living accommodations. H. That the Vintage Planned Community District Regulations is attached hereto as Exhibit B. The Vintage Planned Community Regulations define development standards'applicable to the project site. I. That an Initial Study was prepared to evaluate the potential environmental impacts associated with Zone Change 2016-001 that concluded, with mitigation measures, potential significant impacts can be .reduced to a level of insignificance and a Mitigated Negative Declaration (MND) was prepared; SECTION 2: That the City Council hereby adopts Ordinance 1472 approving Zone Change 2016-001, amending the Zoning designations from Planned Industrial (PM) to Planned Community (PC) zoning district, as identified in Exhibit A attached hereto. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 18th day of October, 2016. Ordinance 1472 Page 3 of 4 JOHN NIELSEN Mayor Exhibit A: Zoning Map ExistinglProposed Exhibit B: Vintage Planned Development Regulations ATTEST: ERICA N. RABE City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney Ordinance 1472 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ERICA N. RABE, 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 member of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1472 was duly passed and adopted at a regular meeting of the City Council on October 18, 2016by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCIL MEMBER ABSENT: ERICA N. RABE City Clerk Ordinance 1472 Page 5 of 4 EXHIBIT A Ordinance 1 472 Page 6 of 4 EXHIBIT A ORDINANCE 1472 R1 — —Jr =� =ri R� Subject Property - v F&I P&t PC'. , PMSq r R" of R4PD R4PD , . Existing Zoning - PM Proposed Zoning - PC EXHIBIT B Ordinance 1472 Page 7 of 4 VINTAGE Planned Community Regulations ,.,.. c•^p '`�`�' '�r�y�ia ad'u'9"��R�l��tuu d; �Ary� N Y i y ,� . ..t YINTpGE ' Prepared for the City of Tustin, California September 27, 2016 Table of Contents Vintage Planned Community District Regulations..................................................................................................................2 1. INTRODUCTION,.................................................................................................................--............................................2 1.1. Project Objectives.......................................................................................................................................................2 1.2. Project Setting........................................................................................................................ ..................................2 1.3. Existing Conditions.....................................................................................................................................................3 1.4. Key issues.....................................................................................................................................................................4 2. STATISTICAL SUMMARY......................................................................................................................................................4 2.1. Melrose Place................................................................................................................................................................4 2.2. Veranda Court..............................................................................................................................................................5 3. LAND USE REGULATIONS...................................................................................................................................................5 3.1. Purpose and Intent,... ........................................................................................................................... ......5 3.2. Permitted and Conditionally Permitted Uses...................................................................................................5 3.3. Development Standards..........................................................................................................................................5 3.4. Open Space..................................................................................................................................................................6 3.5. Fences and Walls.........................................................................................................................................................6 3.6. Signage...........................................................................................................................................................................7 3.7. General Parking Requirements..............................................................................................................................7 3.8. Private Drives... ...............................................................................................................................................8 3.9. Other Development Standards--.......................................................................................................................8 4. IMPLEMENTATION AND ADMINISTRATION.................................................................................................................8 4.1. Responsibility...............................................................................................................................................................8 4.2. Interpretations.............................................................................................................................................................8 4.3. Modifications................................................................................................................................................................9 4.4. Subdivisions..................................................................................................................................................................9 4.5. Variances,Conditional Use Permits,and Other Discretionary Actions...................................................9 4.6. Amendment to District Regulations....................................................................................................................9 4.7. Enforcement..................................................................................................................................................................9 4.8. Severability Clause......................................................................................................................................................9 4.9. Design Review.............--............. ..................................................................................-.........—.....................9 5. CONCEPTUAL DEVELOPMENT PLANS......................................................................................................................... 10 Figure1:Local Vicinity........................................................................................................................................................................3 Table1: Proposed Nome Types....................................................................................................................... ..............................5 Table2: Parking Requirements.—.............—....................................—............................................................................-..... ....7 Figure 2:Conceptual Development Plan.................................................................................................................................. 10 Figure 3:Conceptual Sixth Street Elevations..........................................................................................................................10 Figure5,Typical Paseo Concepts................................................................................................................................................12 Figure 6:Recreation Center and Public Park Concept.........................................................................................................13 Figure 7:Conceptual Monumentation Signage.....................................................................................................................14 City of Tustin J Vintage Planned Community District Regulations Vintage Planned Community District Regulations 1_ INTRODUCTION The Vintage Planned Community District Regulations represent the orderly plan to develop a new high- quality residential community in the City of Tustin. This section outlines the project objectives, project setting, existing conditions, and key ways in which the Vintage Planned Community implements the City's General Plan vision and improves the quality of life in the City. 1,1, PI-0ject Objectives The regulations set forth in this set of District Regulations for the Vintage Planned Community District have been established to satisfy the Planned Community District requirements of the Tustin City Code and to provide diversification among the relationship of uses, buildings and structures in planned building groups. These regulations provide direction for the orderly development of 140 multifamily residential units on an existing 6.81 acre industrial site in the City of Tustin. The application of these regulations and development standards are intended to achieve the following major objectives: • Encourage the appropriate use of land within the City. • Create a harmonious residential development that protects the health, safety and general welfare of the community and provide the flexibility needed to create a quality environment. • Develop a collection of high-quality multifamily homes that appeal to a diverse market of homebuyers, promote the site's potential,and enhance the character of the site and adjacent land uses. • Revitalize older industrial development to maintain a quality urban environment adjacent to Old Town Tustin, and reposition the current site into a more attractive residential project compatible with the surrounding single-family neighborhood, • Provide access to open space and recreation with the provision of on-site facilities. • Improve the city-wide urban design and pedestrian environment along Sixth Street and B Street through site design, building orientation, and landscaping, and by creating a uniquely identifiable neighborhood. • Incorporate sustainable design strategies, including water-efficient landscaping and energy-saving appliances. Development within the Vintage Planned Community shall occur consistent with these Planned Community District Regulations, including the Conceptual Development Plans in Section 5.0, 1.2. Project Setting The Tustin Vintage project is a 6.81 acre site located at the southwest corner of Sixth Street and B Street in the City of Tustin,just north of Interstate 5 (1-5/Santa Ana Freeway). Rergiona!Location The City of Tustin is located in central Orange County, and is bordered by Irvine to the south and east, unincorporated portions of the County of Orange and the City of Orange to the north,and Santa Ana to the south and west. The City encompasses 11.082 total square miles, with a population of approximately 75,000 residents (2016). Access to the Vintage site is provided via 1-5 and SR-55 (Costa Mesa Freeway), which intersect directly southwest of the project area. City of Tustin C Vintage Planned Community District Regulations FIRST STREET Lu CITY OF of UUv TUSTIN r Q m MAIN ST W 5 SIXTH ST r 51�TE < 55LJ N > > a z ¢ P� cn w < �� MCFADDEN AVE Local Context The Vintage site is located just west of the Old Town Commercial area in Tustin,which is characterized by retail, professional offices, and service-oriented businesses serving Old Town Tustin. To the north of the project area is a single-family residential neighborhood, which encompasses several historic homes.These homes are located within the boundaries of Tustin's Cultural Resources District, which was created to ensure the maintenance, preservation, and enhancement of Tustin's Old Town area and existing single family zoning within the area, Existing vehicular access to the site is provided along Sixth Street to the north and B Street to the east. 1.3. Existing Conditions Property on the site currently serves an array of uses including sign and electronics light manufacturing facilities for signs, as well as a church, self-storage facility, and a number of other similar uses. None of the existing structures will be retained as part of the project, and demolition of any existing on-site structures will occur before project grading begins City of Tustin I Vintage Planned Community District Regulations Cerrer•nl Nun Under the Tustin General Plan, the project site is designated as an Industrial land use, which permits industrial and office uses, such as wholesale businesses, light manufacturing, storage, distribution and sales,research and development laboratories,and service commercial businesses with a max FAR of 0.5. zoninq In the City of Tustin's Zoning Ordinance, the project area is designated as a "Planned Industrial" zone, which allows for various light industrial and manufacturing uses. The PM zone implements the Industrial general plan land use designation. 1.4. Key' issues The land uses and design standards for the PCD align with Tustin General Plan goals to: • Achieve balanced development that accommodates existing and future needs for housing and community facilities. • Ensure that new development is compatible with surrounding land uses in the community, the City's circulation network, availability of public facilities, existing development constraints and the City's unique characteristics and resources. The development types proposed in these regulations are compatible with the historic and architecturally significant residential properties which lie adjacent to the project area. • Revitalize older industrial developments to maintain a quality urban environment, and create more complimentary uses in between the historic district and the freeway. • Improve city-wide urban design by creating uniquely identifiable neighborhoods that connect with the best parts of the community,and provide for both public and private open space. • Promote economic expansion and diversification of the Old Town District. The integration of residential uses in Old Town provides increased market support for retail and commercial uses, and improves the vitality of the district. • Provide new for-sale market rate housing options in the City of Tustin. Z. STATISTICAL SUMMARY The Vintage project includes two townhome product types (Melrose Place and Veranda Court) that have been designed to blend harmoniously with the surrounding neighborhood and the existing single-family homes along Sixth Street. The project supports a range of unit sizes with three- and four-bedroom floor plans that meet the housing needs of the community. The Vintage project allows for the development of 140 townhome residential units.Table 1 outlines the proposed product details. 2.1. Melrose Place Melrose Place homes range in size from 1,700 to 2,300 square feet, utilizing four different creative floorplans.A total of 92 Melrose Place units are proposed.Melrose Place units are located along Sixth Street and B Street, generally in groups of 4 to 8 units per building, and are 2-3 stories tall, with a maximum building height of 42 feet.All Melrose Place units include two-car attached garages (side-by-side) accessed from private drives. City of Tustin I Vintage Planned Community District Regulations ?. Veranda Court Veranda Court homes range in size from 1,400 to 1,700 square feet, featuring three separate floorplans. Veranda Court homes are proposed in packs of four (for a total of 48 units) and are generally located along the project's southern boundary parallel to 1-5. All Veranda Court units are three stories, with a maximum building height of 42 feet.All Veranda Court units include two-car attached garages (side-by-side) accessed from private drives. Table 1: Proposed borne Types Home Type Units Range of Unit Sizes(approximate) Unit Groupings Melrose Place 92 1,700 SF—2,300 SF 4-8 units/building Veranda Court 48 1,400 SF— 1,700 SF 4—5 units/building 3. LAND USE REGULATIONS The land use regulations and development standards contained within this document act as a principle part of the controlling mechanism for implementation of the Planned Community District designation. Standards set forth in this Section will ensure that development within the Vintage Planned Community proceeds in a consistent and appropriate manner. 3.1. Purpose and intent To accommodate the proposed development's variety of home types, variations from the City zoning regulations are necessary.The City's Planned Community zoning district (P-C) provides the mechanism for creating special land use regulations to best meet the needs of the project area. These custom-tailored regulations support the project's integration into the existing neighborhood and help create a more pedestrian-friendly environment along Sixth Street and B Street. For these reasons, a zone change from Planned Industrial (as described in Section 1)to Planned Community(P-C) is proposed. 3.2. Permitted and Conditionally Permitted Uses The following uses shall be permitted in the Vintage project area: • Dwelling,multiple • Home occupations All uses not specifically listed above are prohibited in the project area. Additionally, temporary uses are subject to provisions of Tustin City Code. 3.3, Development Standards The development standards contained in this Planned Community (P-C) district document solely apply to the subject site and supersede all provisions, standards, and requirements of Tustin City Code, except in instances where the district regulations remain silent. If a conflict arises between the regulations contained in this code and the City's Municipal Code,then the standards in this chapter shall take precedence. • Gross Acres:6.81 acres • Gross Density:20.6 du/ac • Lot Coverage:45% City of Tustin G Vintage Planned Community District Regulations • Minimum front yard setback: 5 feet • Minimum interior side yard setback: 3 feet • Minimum corner side yard setback:5 feet • Minimum rear yard setback: 5 feet • Minimum building to building separation: 10 feet • Maximum Building Height:Two stories, 30 feet.Three stories,42 feet. "i.4- UJ)L'II SIWLL' The Vintage community presents a complete landscape program with ample private and common open space to serve the active and passive recreation needs of its residents. Private open space will be maintained by the property owner and common open space will be perpetually owned and maintained by the Homeowners Association. PlIvate Open spoc e Private open space provides individual outdoor areas where residents can enjoy themseCves in relative privacy.These spaces may take the form of yards, patios,or balconies and be designed to allow residents to relax,gather,garden,and/or eat in an outdoor environment.Vintage requires a minimum of 80 square feet of private open space per unit;the actual amount of private open space provided per unit ranges from 80 square feet to 200 square feet. Common Open Space Vintage also provides common open space in the form of a Public Park, recreation area, and pedestrian paseos. A minimum of 300 square feet of common open space is required per unit. The Public Park, fronting on Sixth Street, has an informal "garden" aesthetic to fit the existing streetscape character. The park features a seat wall area with central decorative feature, lawn area,and dog waste station. The recreation area, located just south of the park, features an 880 square-foot clubhouse that provides social space, changing space and restrooms. Additional features of the recreation area include an 800 square-foot pool, cabanas and loungers,tables and chairs, raised planters with built in seating,and a built- in BBQ.The clubhouse,pool,and associated features shall meet accessibility standards. The pedestrian paseos provide passive open spaces where people can walk, sit or gather in small groups are located between residential buildings.The project's paseos include outdoor seating (chairs and coffee tables), gathering space (fire table and chairs), and ambient lighting. Landscaped parkways are located throughout the community, providing an additional amenity for residents looking to take a leisurely walk with their family or pet. "No outlet" signage will be installed at the entrance of all alleys to convey paseo access is for residents only. 3,F). Fence-, and Nails Vintage is designed to blend harmoniously with the existing single family neighborhood, and as such, the project features only a limited number of fences and walls. The intent is for the community to feel open and welcoming, while still providing the necessary protection from 1-5 and security for its recreational facilities, residents and guests. City of Tustin I Vintage Planned Community District Regulations Noise Wall Adjacent to 1-5 The community will be protected from the noise of 1-5 by a 20-foot sound wall running the length of its southern boundary, adjacent to 1-5. The freeway is sloped such that the south end of the project site is 9.5 feet below the freeway's grade, and at the northern portion of the site, 4 feet below the freeway's grade. Thus, when viewed from the residential side, the noise wall is 20 feet, but when viewed from 1-5, the noise wall would only appear to be 10.5 feet in height at the southern edge and 16-feet high at the northern edge. Freeway 5ecurit-v Fencing A freeway security fence will be installed on-site to provide protection between the freeway and the project and to provide access to the space between the freeway and the sound wall adjacent to 1-5. The allowable Freeway Security Fence height shall be up to and including 8 feet 6 inches. Recreation Area Security Fencing The recreation area will be protected with a 6-foot tall wrought iron security fence.The design of the fence will be integrated into the site design to ensure it does not distract from the high-quality landscape design and architecture of the project. Private Front Yards In some areas of the community, units have private front yards; private open space is delineated on the architectural open space exhibit to mark the difference between personal private space belonging to a specific unit (and maintained by that unit) and common open space accessible to the community (maintained by the homeowner's association). 3.6. sign'lge Monumentation identifying the project will be sited within the project site boundary on the southwest corner of Sixth Street and B Street, in compliance with the Tustin City Code. Signage may read "Vintage at Old Town Tustin'; final signage content and design will be provided by the City prior to issuance of building permits. 3.7. General Parking Requirements A minimum of two (2) enclosed garage spaces shall be provided for each dwelling unit (280 covered spaces).In addition,a minimum of 0.25 guest spaces per unit is required (35 uncovered guest spaces). Table 2: Parking Requirements Home Type Units Required Covered Spaces Required Guest Spaces Melrose Place 92 184 23 Veranda Court 48 96 12 Total 140 280 35 On-site, the project provides the required 280 covered parking spaces and exceeds the required guest spaces by actually provided 69 guest spaces (34 more than required); overall, the project provides 349 parking spaces on-site. Based on these figures, the project is actually providing nearly two times the required guest spaces to ensure the project adequately meets the needs of the community. City of Tustin I Vintage Planned Community District Regulations Parking area dimensions, locations and access shall conform to the City's design review criteria on file in the Community Development Department. At a minimum,garages shall be 20'x20' inside clear dimension. Each residential garage shall be designed and constructed to be electric vehicle charging station (EVCS) ready. Open parking spaces shall be a minimum of 9 feet wide by 19 feet deep including any bumper overhang. Up to a two (2) foot overhang may be permitted into a landscape planter or sidewalk area provided the sidewalk has sufficient width to comply with accessibility requirements. In the guest parking area,at least one space shall be EVCS ready. : .t+. Private [Drives Private drives with no guest parking (parallel or pull-in) within the travel way shall have a minimum travel way width of 20 feet curb face-to-curb face. Private drives with on-street (private drive)guest parking shall have a minimum travel way width of 26 feet. Sidewalks are not required within private drives, but are provided to create key pedestrian connections within the community. Sidewalks, where provided, shall be designed in accordance with Standard 8102 of the City's Construction Standards for Private Streets, Storm Drains, and On-Site Private Improvements,and shall be subject to compliance with applicable accessibility requirements of the Americans with Disabilities Act,Title 24 of the California Building Code as locally amended,and the Department of Housing and Urban Development's Fair Housing Accessibility Guidelines. 3.9, Other Developinent Standards Any development standards which are not specifically identified within the District Regulations shall be subject to the applicable provisions of the Tustin City Code. 4. IMPLEMENTATION AND ADMINISTRATION Administration of the provisions of these regulations shall be undertaken by the City of Tustin in accordance with the State of California Government Code, Subdivision Map Act, the Tustin General Plan and the Tustin City Code. Other documents have been prepared and processed concurrently with the adoption of the Vintage District Regulations, including a General Plan Amendment, Zoning Change, and Development Agreement. 4.1. Responsibility The Community Development Department of the City of Tustin shall be responsible for the administration and enforcement of provisions of these regulations. 4.2. Interpretations If ambiguity arises concerning the appropriate application of provisions contained in these District Regulations, the Community Development Director shall make the appropriate determination. In making a determination,the Director shall consider the following,but not by way of limitation: • Prior administrative interpretation of similar provisions; • General intent and purpose of these District Regulations; • Provisions contained in the General Plan;and, • Other provisions of the Tustin City code where standards do exist. Any decision of the Director may be appealed to the Planning Commission. City of Tustin I Vintage Planned Community District Regulations i.. Modifications The characteristics and amenities of the Vintage Planned Community are to be implemented through adoption of development plans.Any modifications to the approved development plans shall be processed in accordance with the provisions of the Tustin City Code. €.-t. Subdivisions All divisions of land shall be processed in accordance with the Tustin City Code and State Subdivision Map Act. 4.5, Variances,Conditional Use Permits,and Oth(,v Discretionary Actions All applications shall be processed in accordance with the Tustin City Code. 4.6. Arriendnrent to District Regulations Any amendment to these District Regulations contained herein which change the allowed uses within the development, impose any regulation upon property not therefore imposed, or removes or modifies any such regulation shall be initiated and processed in the same manner set forth in the Tustin City Code for amending the Zoning Code. 4.7. Enforcement The District Regulations are adopted by Ordinance and are therefore subject to penalty provisions of the Tustin City Code. Specifically, violations of land use or development standards shall be subject to penalty provisions and citation procedures of the Tustin City Code, in addition to the City's authority to seek civil litigation in a court of law. 4,8. Severability Clause In any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of these Development Regulations is held to be invalid, unconstitutional,or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of these District Regulations. The Tustin City Council hereby declares that these District Regulations and each part, subsection, paragraph, sentence, clause, phrase, or portion thereof would have been adopted irrespective of the fact that one or more portions of the District Regulations may be declared invalid, unconstitutional, or unenforceable. 4.9. Design Review The Vintage project is subject to the City of Tustin's Design Review requirements, as outlined in Tustin City Code Section 9272, Design Review. The intent of the Design Review process is to ensure high-quality exterior design, development and maintenance of structures, landscaping, and general appearance. Prior to the issuance of any building permit,the Community Development Director shall approve,at a minimum, the site plan, elevations, and landscaping for such development. The decision of the Community Development Director shall be final, unless appealed in writing to the Planning Commission, by the procedure specified in Tustin City Code Section 9294. Development shall commence within one year of approval, otherwise, a new evaluation and review shall be required prior to any development, unless otherwise authorized by the Community Development Director. City of Tustin I Vintage Planned Community District Regulations ' S. CONCEPTUAL DEVELOPMENT PLANS The following pages identify the conceptual development plans included in the original development application. The conceptual exhibits are provided for reference only, and minor modifications are acceptable without a change to these District Regulations so long as the original intent and purpose is maintained. See the Tentative Tract Map and Architectural Package for complete details on the Vintage project area. Figure Z: COnCePtUal Development Plan 41 I J 40 AT .. P Figure 3: Conceptual Sixth Street Elevations MW h _ - . PAIM 111Ev PAST cri AUEY FU�IlC'.PARK h - City of Tustin Vintage Planned Community District Regulations Figure A Conceptual w i«tedureSt¥Gw � � k � . . . � . - K { MW . . — - � � . 9 2 { . . ^2`A 00- \ \� _ Z _ man 5 _ POW _ ^\ (it of Tustin Vintage Planned community District Regulations Fi;;ure 5: Typical Pasco Concepts 0 M p fv K } ,1 { w l7 u z � W a Z Q W a T � U Q Y n 4 Q - O � s I I Q N 4 ..a w 0 W City of Tustin Vintage Planned Community District Regulations Figure 6: Recreation Center and Public Park Concept ML .x r m F a Z � Z 4o z O Z Q x El T c DD a z a m m 4 3 3 4WOMM � t r M1 r' City of Tustin Vintage Planned Community District Regulations Figure 7: Conceptual MQ]BlLMICTIOtiOil Sigmige ' VINTAGE x ■ City of Tustin Vintage Planned Community District Regulations 1 ATTACHMENT M Resolution No. 4327 -- SUB 2016-03/TTM 17993, DR 2016-004, DA 2016-002 RESOLUTION NO. 4327 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 17993 FOR RESIDENTIAL CONDOMINIUM PURPOSES, DESIGN REVIEW 2016-004, AND DEVELOPMENT AGREEMENT 2016-002 AUTHORIZING THE SUBDIVISION OF AN APPROXIMATELY 6.81 ACRE SITE CONSISTING OF TWO (2) NUMBERED LOTS AND ONE (1) LETTERED LOT FOR THE DEVELOPMENT OF ONE HUNDRED FORTY 1140) CONDOMINIUM RESIDENCES LOCATED AT 420 WEST 6 " STREET AND 320-694 S. B STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted by Intracorp SoCal-1 LLC for the development of one hundred forty (140) residential condominium units with common and private open space including a recreation center, swimming pool and paseos, and a privately owned and maintained public park, on an approximately 6.81 acre site located at 420 W. 6th Street and 320-694 S. B Street. B. That the Development Application requests the following approvals: • General Plan Amendment (GPA) 2016-01 to change the General Plan Land Use Designation from Industrial to Planned Community Residential. • Zone Change (ZC) 2016-001 to change the Zoning district from Planned Industrial (PM) to Planned Community (P-C) District. • Tentative Tract Map (TTM) 17993 to subdivide an approximately 6.81 acre parcel located at 420 W. Sixth Street and 320-694 S. B Street into two (2) numbered and one (1) lettered lots for condominium purposes to accommodate construction of one hundred forty (140) attached residential condominium units within twenty seven (27) residential buildings, a recreation center and swimming pool to serve residents, and a privately owned and maintained 3,709 square foot park for the use and enjoyment of the public for public benefit. • Design Review (DR) 2016-004 for the site, architectural and landscape plans. • Development Agreement (DA) 2016-002 to facilitate the development'of a 6.8 acre site and to provide for public benefits. Resolution No. 4327 Page 2 C. The project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element; D. That Tustin City Code (TCC) Section 9323b2 requires a tentative tract map be prepared for subdivisions,creating five or more condominiums as defined in Section 783 of the California Civil Code. E. That TCC Section 9272b requires the applicant obtain Design Review for site plan, architectural elevations and landscaping for construction of a new development prior to the issuance of any building permit. F. That the subject property is currently developed with an industrial park consisting of eleven (11) industrial buildings. G. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with Tentative Tract Map 17993, DR 2016-004 and DA 2016-002 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a Mitigated Negative Declaration (MND) was prepared. H. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study, were made available for a thirty (30) day public review and comment period from July 27, 2016, to August 26, 2016, in.compliance with Sections 15072 and 15105 of the State CEQA Guideline.; I. Public comments were received and a Final MND with responses to submitted comments was.prepared. J. That a public hearing was duly called, noticed, and held for Subdivision (SUB) 2016-03/Tentative Tract Map (TTM) 17793, DR 2016-004, and DA 2016-004 on September 27, 2016, by the Planning Commission. K. That the Planning Commission considered the Initial Study and the MND (Resolution 4324) and recommended that the City Council find it adequate for SUB 2016-03/TTM 17793, DR 2016-004, and DA 2016-004. L. That as conditioned, the map would be in conformance with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The, proposed TTM 17993 and improvements are consistent with GPA 2016-01, Planned Community (P-C) zoning designation, TCC, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density in that the development of one hundred forty (140) Resolution No. 4327 Page 3 condominium residences on a 6.81-acre parcel and is within the allowable density requirements of GPA 2016-01. 3. The design of the proposed subdivision and improvements are not likely to cause substantial . environmental damage in that the development is located on an improved parcel within an urbanized area and any potential environmental impacts can be mitigated to a level less than significant. 4. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems as determined by a Health Risk Assessment Report dated March 5, 2016 and the development is in compliance with the Zoning Code and will be required to comply with the applicable building and life safety codes. 5. That the waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board in that the development will be permitted through the Orange County Sanitation District to utilize community sewer facilities. , 6. That recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. M. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. N. That the project meets the development standards of the Planned Community (P-C) zoning district as defined in the Vintage Planned Community Regulations. O. That TCC Section 9331d requires the subdivider to pay a fee in lieu of providing a parkland dedication. P. That where private open space for park and recreational purposes is provided, owned and maintained by future residents (HOA), a credit of twenty five (25) percent of the total parkland requirement may be allowed by the City subject to standards set forth in TCC Section 9331 d5. Q. That the project complies with the standards contained in TCC 9331d5 and a park-in lieu fee credit of 10,215 square feet is appropriate. R. That the State Housing Element mandates that local governments adequately plan for housing needs of all economic segments of the community and Goal 1 of the Tustin General Plan Housing Element supports state housing law. The project is a market-rate for sale housing Resolution No. 4327 Page 4 development and would not be affordable housing under the state law. S. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing another location within the City. T. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that there are existing two story multi-family residences in the area of a similar massing and scale. In addition, the architectural design and features are an enhancement to the existing housing stock in the neighborhood. The proposal 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 Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structures. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, and roof structures. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of mechanical and electrical equipment. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development guidelines and criteria as adopted by the City Council. U. That the application for a DA is governed by 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC. In accordance with TCC 9611, the Planning Commission must make a recommendation on the proposed- Development Agreement to the City Council. The Development Agreement attached hereto as Exhibit B can be supported by the following findings: 1. That the Development Agreement is consistent with GPA 2016-01 and ZC 2016-001, the project will be consistent with the objectives, policies, genera[ land uses and programs specified in the General Plan in that residential uses are permitted uses within the Planned Community Residential (PC-Residential) land use designation and the Planned Community (PC) zoning district. Resolution No. 4327 Page 5 2. The project is compatible with the uses in the district in which the real property is located in that similar and compatible residential uses exist in close proximity to the project site. 3. That the project is compatible with the uses authorized in the district in which the property is located. 4. That the project is located adjacent to the Cultural Resources District and within walking distance of Old Town Tustin and .will generate and contribute to the support of commercial activity in Old Town Tustin. 5. That the project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide 140 new housing units for new and existing Tustin residents thereby providing additional options of housing types to the City's house stock. 6. The project will not be detrimental to the health, safety and general welfare. The project will comply with the TCC, mitigation measures and conditions of approval and other regulations to ensure that the project will not be detrimental to the community. 7. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed and equipped with the necessary infrastructure and amenities to support existing and future residents and businesses in the City. 8. That the provision to require the removal of the cell site prior to completion of the project would ensure the project compliance with the Tustin City Code and would not create a non-conforming condition at the project site. 9. That the approval of the DA will provide for an orderly development and provide public benefits. 10. A Fiscal Impact Analysis was prepared and submitted along with the DA which verifies that the project will have a positive fiscal impact on the City over and above that of the current industrial uses. 11. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map 17993, Design Review 2016-004, and Development Agreement DA 2016-002 authorizing the subdivision of an existing 6.81-acre site consisting of two (2) numbered lots and one (1) lettered lot for the development of one-hundred forty (140) condominium residences located at 420 W. Sixth Street and 320-695 S. B Street, subject to the conditions contained within Exhibit A, attached hereto. Resolution No. 4327 Page 6 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27thth day of September, 2016. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4327 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TO RESOLUTION NO. 4327 Conditions of Approval EXHIBIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 17993, DESIGN REVIEW 2016-004 AND DEVELOPMENT AGREEMENT 2016-002 420 W. Sixth Street & 620 to 694 S. B Street GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 18, 2016, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Approval of Design Review (DR) 2016-004 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within sixty (60) days of recordation of the final map or within twelve (12) months of this approval, whichever comes first, unless otherwise provided for by Development Agreement (DA) 2016-002. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 DR 2016-004 and Subdivision (SUB) 2016-03/Tentative Tract Map (TTM) 17993 shall be null and void unless the City Council approves General Plan Amendment (GPA) 2016-01 and Zone Change (ZC) 2016-001. (1) 1.4 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.5 Approval of DA 2016-002, SUB 2016-03/T-fM 17993 and DR 2016-004 are contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4327 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 As a condition of approval of GPA 2016-01, ZC 2016-001, DA 2016-002, SUB 2016-03/TTM 17993 and DR 2016-004, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of - any such action under this condition. (1). 1.9 Ordinance No. 1472 rezoning the property from Planned Industrial (PM) to Planned Community District (P-C) shall not become effective until recordation of the final subdivision map and a covenant running with the Iand. The covenant running with the land shall provide that no more than one hundred forty (140) dwelling units shall be developed and maintained on the property and that in the event building permits for the construction of the project as approved pursuant to DA 2016-002, SUB2016-03/TTM 17993 and DR 2016-004 are not issued within sixty (60) days of recordation of the final map or within twelve (12) months of this approval, unless otherwise provided for by DA 2016-002, whichever occurs first, the Developer and/or Owner of the property and their successors and assigns will not contest or protest the rezoning of the property by the City, nor will any of them contest or protest the, invalidation of DA 2016-002 and DR 2016-004 approvals and other project approvals. (1) 1.10 All activities shall comply with the City's Noise Ordinance. (1) 1.11 The applicant shall comply with executed DA 2016-002. MITIGATION MONITORING AND REPORTING PROGRAM (1) 2.1 The project shall comply with the Mitigation Monitoring and Reporting (Resolution No. 4325) PUBLIC BENEFITS/DEVELOPMENT AGREEMENT (***) 3.1 Prior to the issuance of the final certificate of occupancy for a residential Exhibit A Resolution No. 4327 Page 3 unit in Phase 1, Developer shall construct and install the approved non- illuminated sign identifying "Old Town Tustin" on the Project sound wall adjacent to Interstate 5 freeway such that it will not encroach into the Caltrans right-of-way. (***) 3.2 Project signage (wall, monument and directional signage) shall be reviewed under separate permit and are not part of the project approval. (***) 3.3 Prior to issuance of the first certificate of occupancy for a residential unit in Phase 1 of the development Developer shall construct, a privately owned, publicly accessible urban park (Park Facilities) along Sixth Street, of not less than 3,786 square feet in the location shown on the approved plans, including, but not limited to, the following amenities: dog station, seating, focal point, pathway and landscaping, or such alternative amenities as may be approved by the Director of Community Development. (***) 3.4 Prior to the issuance of the first certificate of occupancy for a residential unit in Phase 1 of the development, Developer. shall pay to the City the sum of Twenty Two Thousand Dollars ($22,000) to be utilized by the City for intersection and signal improvements. (***) 3.5 Prior to the issuance of the demolition permit, Developer shall submit plans to the Director of Community Development for fencing or other temporary enclosure to shield the communications cell tower equipment from pedestrian and vehicular view on Sixth Street for review and approval. Such fencing or enclosure design shall require approval by the Director of Community Development and shall remain in place until the communications cell tower and equipment are removed. (***) 3.6 Prior to issuance of the last certificate of occupancy for a residential unit in Phase 6 of the Project and no later than August 31, 2019, Developer shall remove the existing communications cell tower and related ground-level equipment currently located on the subject property. No lease extension of time shall be allowed or granted for the removal of the cell tower and related ground-level equipment beyond August 31, 2019. TENTATIVE TRACT MAP 17993 (1) 4.1 Within twenty-four (24) months from tentative map approval, the applicant shall record with appropriate agencies a final map prepared in'accordance with subdivision requirements of the TCC, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin City Code. The Final Map shall be submitted at least ninety (90) days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of the TCC and State Subdivision Map Act. Exhibit A Resolution No. 4327 Page 4 1 (1) 4.2 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance, the TCC, applicable City guidelines and standards and applicable mitigation measures, project design features and policies, plans and procedures identified in the certified Mitigated Negative Declaration, and other agreements with the City unless otherwise modified by this Resolution. (1) 4.3 Preparation and recordation of a final subdivision map shall be required. (1) 4.4 Prior to recordation of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (1) 4.5 As a condition of recordation of the first phase final map, Developer shall provide a public access agreement or easement to the Park Facilities in favor of the City and the public in form acceptable to the City in its sole discretion. (1) 4.7 Design and construction of all on-site and off-site developer required public infrastructure and in-tract private streets and utility systems, sound wall and signage, recreation area/clubhouse and swimming pool, park facilities, corner bulb-out and striping, frontage landscaping, shall be constructed within the initial phase (Phase 1) of development as identified on the approved Phasing Plan.. Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to -the satisfaction of the Building Official and Orange County Fire Authority. (1) 4.8 Concurrently with the recordation of the Final Tract Map, the subdivider shall record a covenant that runs with the land which cannot be defeated or eliminated without the consent of the City that the Homeowner's Association maintain 58,065 square feet of usable private open space which is restricted for park and recreational purposes in perpetuity for the benefit of future owners of condominium units. - (1) 4.9 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, sewer' easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1) 4.10 CADD Requirements - In addition to the normal full-size map and plan submittal,-all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, Exhibit A Resolution No. 4327 Page 5 and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linetype conventions are AutoCAD-based (latest version available upon request from the Public.Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (1) 4.11 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the Orange County Sanitation District East Orange County Water District (EOCWD) for sewer connections. (1) 4.12 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. USE RESTRICTIONS (***) 5.1 The project shall include one hundred forty (140) residential condominium units with common and private open space 'including a recreation center, swimming pool and paseos, and a privately owned and maintained public park (Park Facility), on an approximately 6.81 acre site. (4) 5.2 All parking spaces shall be .maintained as shown on the approved "Site Plan (Sheet A-2)" Any changes to the,number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. (4) 5.3 Driveways along Sixth Street that serve only as access to garages shall be signed to alert drivers that there is no outlet and no parking in alleys. (4) 5.4 The project shall continuously maintain a minimum of 40,860 square feet of private common-open space. (##*) 5.5 The project shall maintain a minimum of 3,709 square feet of publicly accessible private park. (***) 5.6 The project shall install a non-illuminated sign identifying "Old Town Tustin" on the south side of the sound wall adjacent to the Interstate 5 freeway subject to the approval of the Director of Community Development. (1) 5.7 Unless otherwise agreed by the City in its sole discretion, the property within the tract or any street or sidewalk or alleyway thereon shall not be Exhibit A Resolution No. 4327 Page 6 privately gated; provided however, that a swimming pool and/or spa facility within the private common area and any private indoor common area improvement, including clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. (1) 5.8 No outdoor storage shall be permitted, during grading or building stages except as approved by the Community Development Director. (1) 5.9 Prior to the first issuance of occupancy in Phase Seven (7), the alley between Buildings 8 and 9 as shown on Architectural Site Plan (Sheet No. A-2) shall be extended- 3 feet for additional back up space for garage exiting. CONDITIONS, COVENANTS & RESTRICTIONS (CC&R'S) (1) 6.1 Prior to the approval of the final map, 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 and City Attorney's Office. Costs for such review shall be borne by the subdivider. (1) 6.2 CC&Rs submitted to the City for review shall contain a table itemizing each of the requirements identified herein and the page/paragraph where they are addressed in the CC&Rs. (1) , 6.3 The approved CC&Rs shall be recorded with County Recorder's Office concurrent with the Final Map. A copy of the final documents shall be submitted to the Community Development Department after recordation. (1) 6.4 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 units which are jointly owned or benefitted to operate and maintain all other mutually available features of the development including, but not limited to, public and private open space, amenities, landscaping, private street, and utilities. (1) 6.5 The CC&Rs shall include, but not be limited to, the following provisions A. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, Exhibit A Resolution No. 4327 Page 7 use, repair, and maintenance of all common areas-and facilities including open space, landscaped areas, walls and fences, private roadways (i.e., walkways, sidewalks, paseos, driveways), lighting, recreation building and swimming pool facilities and furnishings, awnings, trash enclosures, water quality management plan BMPs and private utilities, if any, shall be established in the CC&Rs. D. Private open space areas within the common area shall be . illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use. The CC&Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas. E. A site plan showing the public portion of the Publicly-Accessible Park and associated.public easements that will be accessible to the public and provisions for maintenance of these areas by the homeowners association. F. Provisions for maintenance of the Publicly-Accessible Park Facilities at the sole cost of the homeowner's association, and such obligation shall be set forth in the CC&Rs for the Project. G. Membership in the homeowners association shall be inseparable from ownership in individual units. H. Architectural controls shall be provided and may include, but not be limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code. I. Maintenance standards shall be provided for applicable items Iisted in Section C above in CC&Rs. Examples of maintenance standards are shown below. I. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of 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. Exhibit A Resolution No. 4327 Page 8 2. All private drives, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. J. 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. L. Provisions for enforcing individual trash cart placement at designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. M. Maintenance of all common areas, driveways, etc., shall be by the homeowners association. N. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. 0. All utility services serving the site shall be installed and maintained underground. P. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1 st of each year with the Community Development Department for the purpose of contacting the association in the case of emergency or 16 those cases where the City has an interest in CC&R violations. Q. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. R. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas Exhibit A Resolution No. 4327 Page 9 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 sound wall, shall be permitted without the ,prior written approval of the Community Development Department. S. In the event Caltrans acquires a portion of the property as part of a future expansion of the Interstate 5 freeway.along the project site, Alternative Plan "2A", shall be constructed to reinstate guest parking and the project sound wall. HOMEBUYER NOTIFICATION (1) 7.1 Prior to' recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes, but is not limited to, the notifications listed below. The notification document shall be signed by each-homebuyer prior to final inspection and occupancy, and a copy of each signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. A. A notice that the Orange County Transportation Authority (OCTA) and the California Department of Transportation (Caltrans) have released a Project Study Report (PSR) proposing to improve Interstate 5 (1-5) between the EI Toro "Y" area near Interstate 405 (1- 405) and State Route 55 (SR-55), in the cities of Irvine and Tustin. The proposed improvements include the addition of a general purpose lane in each direction on the mainline freeway through the project limits, plus additional ramp lanes and auxiliary lanes at some locations. The OCTA and Caltrans project may have a significant impact on the project, including right-of-way acquisition potentially resulting in the loss of guest parking and a requirement that the Homeowner's Association reconstruct the sound wall. A copy of the PSR shall be made available to potential buyers for review. B. A notice that a Health Risk Assessment Report has been prepared for the Tustin Vintage Lofts Project. The•health risk assessment determined that the proposed project would not exceed the South Coast Air Quality Management District cancer risk significance threshold. A copy of the Health Risk Assessment Report shall be made available to potential buyers to review. C. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. Exhibit A Resolution No. 4327 Page 10 D. A notice that aircraft and freeway noise may impact the subdivision. The notice shall further indicate the building upgrades provided to attenuate noise impacts and all requirements of the homeowner to effectively reduce noise in their units. E. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and will require zoning clearance and a business license. F. A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating all'on-site driveways dnd common areas are to be maintained by the homeowners association. G. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection. H. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&Rs provisions. 1. A notice explaining and providing a copy of the approved "CR&R" Hauler Route". J. A notice explaining and providing a copy of the approved "Phasing Plan" for future construction within the subdivision and that activity may be disruptive. K. A notice that the public use of the publicly-accessible park will be allowed. L. A notice that all units include upgraded air filtration systems which require regular maintenance in accordance with manufacturer's specifications for optimal performance." SITE AND BUILDING DESIGN (4) 8.1 Driveways along Sixth Street that serve only as access to garages shall be signed to alert drivers that there is no outlet and no parking in alleys. (4) 8.3 Project signage (wall, monument and directional - signage) shall be reviewed under separate permit and are not part of the project approval. (4) 8.4 In the event of a Caltrans acquires a portion of the property to expand the Interstate 5 freeway along the project site, Alternative Plan "2A", shall be constructed to reinstate parking and the project sound wall. Exhibit A Resolution No. 4327 Page 11 (4) 8.5 The project shall comply with regulatory requirements and mitigation measures from the project Mitigated Negative Declaration included in the Mitigation Monitoring and Reporting Program (Resolution No. 4325) (4) 8.6 . Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (4) 8.7 Project materials shall comply with those identified in the approved plans and are subject to field verification. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 8.8 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, if. needed, shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (4) 8.9 Balcony run-off shall be integrated into the building structure and storm drain system. Balcony drain water shall not drain down the side of balconies and/or building exterior. (4) 8.10 Construction drawings shall specify use of anti-graffiti .products for treatment of the sound wall. LANDSCAPING (1, 4) 9.1 At plan check, complete detailed Iandscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustih's, Water Efficient Landscape Ordinance and Tustin City Code Section 9266e. The plans shall include the following: A. 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. B. 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. Exhibit A Resolution No. 4327 Page 12 C. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. D. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. E. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department F. 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. G. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. I. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. J. 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. K. Landscape adjacent to the right-of-way shall be in compliance with the requirements of the Tustin City Code. 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. L. Landscaping at the project entry shall not limit sight distance of vehicles and pedestrians entering and exiting the site. (1, 4) 9.2 The project sound wall adjacent to the Interstate 5 freeway shall be planted with a fast-growing vine on both sides of the wall, but shall not block the "Old Town Tustin" sign. Exhibit A Resolution No. 4327 Page 13 (1, 4) 9.3 Prior to issuance of a certificate of occupancy for the last building in each phase of the development, the applicant shall install landscaping and irrigation in accordance with the approved landscape plans. The property owner and Homeowners Association shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner or Homeowner's Association with the same species type and size identified in the approved landscape plans. NOISE (1) 10.1 At plan check, a noise analysis shall be provided to ensure compliance with the Tustin Noise standards. (1) 10.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. (1) 10.3 At plan check, the applicant shall submit a detailed plan showing the length and height, grading details and type of materials of any required sound walls for review and approval of the Community Development Department. ORANGE COUNTY FIRE AUTHORITY (1, 5) 11.1 Prior to final map approval, the applicant shall submit a Fire Master Plan and Final Tract Map for review and pay all fees associated therewith. (1, 5) 11.2 Prior to issuance of building permits, the applicant shall submit plans for residential fire sprinklers, sprinkler monitoring system and fire alarm system. (1, 5) 11.3 Prior to commencement of construction, applicant shall attend a pre- construction meeting with an OCFA inspector. WATER QUALITY (1) 12.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 12.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Department, a final Water Quality Management Plan (WQMP). If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on- site to retain storm water and treat predictable pollutant run-off. After Exhibit A Resolution No. 4327 Page 14 demolition of existing buildings, the applicant shall provide updated infiltration test to confirm proposed BMP will infiltrate. (1) 12.3 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 12.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs Consent to Inspect, and Indemnification", with the County Clerk-Recorder. These documents shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as..specified in the approved WQMP. (1) 12.5 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. (1) 12.6 Prior to approval . of the final WQMP, the applicant shall perform percolation testing at the location of the proposed BMP's, currently obstructed by existing buildings. Revised BMP sizing calculations shall be provided using the proven infiltration rate with an appropriate factor of safety applied, as specified in the Technical Guidance Document (TGD). BMP selection and design shall be revised, as necessary. STREET IMPROVEMENTS (1) 13.1 Prior to issuance of the first certificate of occupancy of Phase 1, the applicant shall complete street improvements on 6t" Street and B Street along the project frontage, consisting of: a. Design and re-construct the existing damaged concrete sidewalk along project frontage. b. Design and construct the landscape and irrigation system along project frontage to the City of Tustin Old Town standards. c. Design and construct a bulb-out at the southwest corner of 6th Street and B Street. Curb ramp(s) shall be designed and constructed to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. Improvements shall include curb, gutter, and sidewalk from beginning of curb return (BCR) to end of curb return (ECR) and any necessary striping modifications at the intersection and the southbound approach to the intersection on B Street. Exhibit A Resolution No.4327 Page 15 d. The applicant shall remove the existing driveways, design and construct new curb & gutter and sidewalk at the old driveway locations, and design and construct the new commercial driveways per the City of Tustin Public Works Department commercial driveway standards. e. The applicant shall provide for the undergrounding of all existing and proposed utility distribution facilities within the public right-of-way adjacent to ,the project along the south side of 6th Street and the west side of B Street, as well as within the project, unless exempt per the Tustin City Code. The applicant shall be responsible for the associated costs and arrangement with each public utility. (1) 13.2 The applicant shall grant in fee title the appropriate corner cut-off at the southwest corner of Sixth Street and B Street, at no cost to the City. (1) 13.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public 'Works Department. (1) 13.4 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or. replacement of any missing or 'damaged public improvements adjacent to this development. (1) 13.5 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 13.6 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private: property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. WATER IMPROVEMENTS (1) 14.1 Water Improvement Pians must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) Exhibit A Resolution No. 4327 Page 16 guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 14.2 The applicant shall design and construct the on-site public water distribution system using ductile iron pipe, as required by the City of Tustin Water Service Division. (1) 14.3 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. a. If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. c. If the applicant proposes to use an irrigation system, then a separate water meter will be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross- connection with the public water system. (***) 14.4 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk- Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Licensed Land Surveyor or a California Registered Civil Engineer authorized to practice land surveying. (1) 14.5 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1, 5) 14.6 Since the project is within the East Orange County Water District (EOCWD) service area, a release/approval from the EOCWD shall be obtained by the applicant prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1, 5) 14.7 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Exhibit A Resolution No. 4327 Page 17 Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1, 5) 14.8 The proposed domestic water system plans must conform to'all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING (1, 3) 15.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. b. The applicanfwill be required to submit a $50.00 application fee and a cash security deposit. c. All single family projects shall submit a security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall by$500 and the maximum deposit amount shall be $2,500. d. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". e. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. f. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). g. Waste and Recycling collection facilities must be placed in a location that can- be easily and safely accessed by the solid waste hauler while utilizing either'front loader or side loading equipment. h. Adequate collection capacity shall be provided to insure that collection frequency shall not exceed four times per week for commercial customers. i. All trash enclosures shall utilize the City's standard enclosure designed with roof to accommodate at least two (2) 4-yd. bins, with at least one (1) bin reserved for recyclable materials. Exhibit A Resolution No. 4327 Page 18 j. Prior to the approval of a site plan or the _issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. FEES (1, 5) 16.1 Prior to issuance of the first building permit for a residential unit in each Phase, Developer shall pay a per unit park in-lieu fee for all of the condominium residential lots createdby the final map for such Phase, which shall be paid in a per lot amount equal for each lot to 11140th of the total in lieu fee calculated in accordance with Tustin City Code Section 9331 d.3. (1, 5) 16.2 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1 st of each year. (1, 5) 16.3 Developer shall pay an affordable housing in-lieu fee in the amount of $8.00 per square foot of gross floor area, to a maximum aggregate total of One Million Nine Hundred Seventy Nine Thousand Six Hundred Thirty Two Dollars ($1,979,632), to be utilized by the City for development of affordable housing. The affordable housing fee shall be paid on a per unit basis at the time of issuance of a building permit for each residential unit, until such time as a total of One Million Nine Hundred Seventy Nine Thousand Six Hundred Thirty Two Dollars ($1,979,632),has been paid in satisfaction of this requirement. (1, 5) 16.4 At plan check, the applicant shall submit a deposit as estimated by the City for staff time required to complete plan check and inspections. „ (1, S) 16.5 Prior to issuance of each building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. Exhibit A Resolution No. 4327 Page 19 c. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. e. Sewer connection fees to the Orange County Sanitation District. f. New development tax fee based upon the current schedule at the time of permit issuance. g. School facilities fee in the amount as required by Tustin Unified School District. (1) 16.6 Within forty-eight. (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) and a CASHIER'S CHECK payable to the California Department of Fish & Wildlife (CDFW) in the amount of Two thousand two hundred ten and 25 cents ($2,210.25), or in the current CDFW fee at the time of filing, 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 Califomia Environmental,Quality Act could be significantly lengthened. BUILDING PLAN SUBMITTAL (1) 17.1 The final approved conditions of approval and mitigation measures, project design features and plans, policies and procedures contained in the Mitigated Negative Declaration for the Project shall be reprinted on the first or second page of the construction documents when submitting to the Building Department for the plan check process for each construction phase of the Project. (1, 3) 17.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, state and federal laws, and regulations as adopted by the Tustin City Council. (1) 17.3 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of Exhibit A Resolution No. 4327 Page 20 light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (1) 17.4 An automatic residential fire sprinkler system shall be installed per NFPA 13 D in all new residential constructions. CRC R 313.2. (1) 17.5 A soils report is required for all new residential constructions. A soils report addressing foundation and seismic designs shall be provided for review with the construction documents. (1) 17.6 Each unit shall be readied for an electrical vehicle charging station and solar panels. (1) 17.7 All new structures shall provide adequate radio coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communication System. Further, the applicant/owners or tenants shall maintain a reasonable standard of reliable radio communication within their buildings and structures once a certificate of occupancy is issued or a final inspection is conducted. For the purposes of this section, adequate radio coverage shall include those specifications in the City of Tustin Public Safety Radio System Coverage Specifications set forth in Chapter 10, Section 8958 of the TCC, even if the project is exempt from Section 8958. (City of Tustin Public Safety Radio System Coverage Specifications). EXHIBIT B TO RESOLUTION NO. 4327 Development Agreement 2016002 DRAFT 9120/16 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Tustin 300 Centennial Way Tustin,CA 92780 Attn: City Clerk (Space Above This Line Is for Recorder's Use Only) This Agreement is recorded at the request and for the benefit of the City of Tustin and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT (2016002) between CITY OF TUSTIN and INTRACORP SOCAL-1, LLC, a California limited liability company a 166356 W 9184.2 DRAFT 9120116 TABLE OF CONTENTS Page 1. Definitions. ..........................................................................................................................3 ?- General Provisions...............................................................................................................7 2.1 Binding Effect of Agreement; Authorized Use of Property....................................7 2.2 Developer Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement...................................7 2.3 Term.........................................................................................................................7 3. Development of Project.......................................................................................................8 3.1 Development Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals.................................................................................................................8 3.2 Other Governmental or Quasi-Governmental Permits............................................9 3.3 No Conflicting Enactments......................................................................................9 3.4 Reservations of Authority......................................................................................10 3.5 Tentative Subdivision Maps..................................................................................12 4. Public Benefits...................................................................................................................12 4.1 Provision of Public Benefits..................................................................................12 4.2 Effect of Public Benefits Default...........................................................................16 4.3 Zoning Release. .....................................................................................................16 5 Enforcement.......................................................................................................................17 6. Annual Review of Developer's Compliance With Agreement. ........................................17 6.1 General...................................................................................................................17 6.2 Developer Obligation to Demonstrate Good Faith Compliance............................17 6.3 Procedure...............................................................................................................18 6.4 Annual Review a Non-Exclusive Means for Determining and Requiring Cure of Developer's Default..................................................................................18 7. Events of Default...............................................................................................................18 7.1 General Provisions.................................................................................................18 7.2 City's Remedies. ....................................................................................................18 7.3 Developer's Remedies............................................................................................19 7.4 Waiver....................................................................................................................19 7.5 Additional City Remedy for Developer's Default.................................................19 7.6 No Personal Liability of City Officials,Employees,or Agents............................19 #166356,.4 91942 1 DRAFT 9120/16 TABLE OF CONTENTS PaRe 7.7 Recovery of Legal Expenses by Prevailing Party in Any Action..........................20 8. Force Majeure....................................................................................................................20 9. Indemnity Obligations of Developer.................................................................................20 9.1 Indemnity Arising From Acts or Omissions of Developer....................................20 9.2 Third Party Litigation............................................................................................20 9.3 Environmental Indemnity......................................................................................21 9.4 Labor Laws............................................................................................................21 10. Assignment........................................................................................................................22 10.1 Permitted Transfers................................................................................................22 10.2 City Approval of Transferee..................................................................................22 10.3 Ongoing Liability of Transferor. ...........................................................................22 11. Mortgagee Rights...............................................................................................................23 11.1 Encumbrances on Property....................................................................................23 11.2 Mortgagee Protection.............................................................................................23 11.3 Mortgagee Not Obligated. .....................................................................................23 11.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure..............................24 12. Miscellaneous Terms.........................................................................................................24 12.1 Notices...................................................................................................................24 12.2 Project as Private Undertaking. .............................................................................25 12.3 Cooperation............................................................................................................25 12.4 Estoppel Certificates..............................................................................................25 12.5 Rules of Construction............................................................................................26 12.6 Time Is of the Essence...........................................................................................26 12.7 Waiver....................................................................................................................26 12.8 Counterparts...........................................................................................................26 12.9 Entire Agreement...................................................................................................26 12.10 Severability............................................................................................................26 12.11 Developer Deposit.................................................................................................27 12.12 Construction...........................................................................................................27 12.13 Successors and Assigns;Constructive Notice and Acceptance.............................27 12.14 No Third Party Beneficiaries.................................................................................28 12.15 Applicable Law and Venue....................................................................................28 #166356 0 4184.2 11 DRAFT 9/20/16 TABLE OF CONTENTS Page 12.16 Section Headings...................................................................................................28 12.17 Incorporation of Recitals and Exhibits. .................................................................28 12.18 Recordation............................................................................................................29 12.19 Authority to Execute..............................................................................................29 EXHIBITS Exhibit A Legal Description of Property Exhibit B-1 Tract Map Boundary and Site Plan Exhibit C Phasing PIan Exhibit D Depiction of Intersection Bulb Out #166156 v4 91842 111 DEVELOPMENT AGREEMENT (2016-002) (Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the day of , 2016, and is being entered into by and between the CITY OF TUSTIN ("City")and INTRACORP SOCAL-1, LLC, a California limited liability company ("Developer'). City and Developer are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party." All terms defined in the Agreement shall have the same meaning when used herein. RECITALS A. Developer has entered into a long term, legally binding contract to purchase that certain real property constituting 6.813 acres located in the City of Tustin, County of Orange, State of California, located at 420 West 6th Street and 620-694 South B Street (APN#401-341- 04) as legally described on Exhibit A and depicted on Exhibit B-1 attached to this Agreement (the "PropertX"). As of the Agreement Date, Developer owns an equitable interest in the Property, and therefore is authorized to enter into this Agreement pursuant to Government Code Section 65865. The Property is more particularly described in the legal description attached hereto as Exhibit A and is depicted on the Tract Map Boundary and Site Plan attached hereto as Exhibit B-1. B. Developer is proposing to develop the Property with 140 attached residential condominium townhomes(as further defined in Section 1 below, the"Project'). C. In order to encourage investment in, and commitment to, comprehensive planning and strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code sections 65864- 65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction. D. On December 3, 1984, the City Council adopted Ordinance No. 923, codified at Section 9600 et seq. of the Tustin Code Regarding Development Agreements (the "Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance. E. Developer shall provide public benefits as provided in this Agreement as consideration for this Agreement. #166356 A 9184.2 l DRAFT 9120115 F. The following land use entitlements for the Project are being adopted and approved by the City Council concurrently with its approval of this Agreement ("Applicable Approvals"): (1) General Plan Amendment 2016-01 proposes to change the existing land use designation for the Property from industrial to planned community residential. (2) Zoning Code Amendment 2016-01 proposes to change the zoning designations for the Property from planned industrial to planned community district. (3) Subdivision (SUB) 2016-03Nesting Tentative Tract Map (TTM) 17993 proposes to establish a 140 residential townhomes subdivision on the Property for condominium purposes, within multiple Phases (Exhibit Q. (4) Design Review(DR)2016-004. (5) Development Agreement 2016-002. (6) Mitigated Negative Declaration dated July 27, 2016 and adopted by the City for the Project. G. City has determined that this Agreement and the Project are consistent with the City's General Plan and that the Development Agreement complies with the findings established by the Development Agreement Ordinance,in that the Agreement: 1. Is consistent with the objectives,policies,general land uses and programs specified in the General Plan. 2. Is compatible with the uses authorized in the district in which the real property is located. 3. Is in conformity with the public necessity,public convenience,general welfare,and good land use practices. 4. Will not be detrimental to the health,safety,and general welfare. 5. Will not adversely affect the orderly development of Property. 6. Will have a positive fiscal impact on the City. H. On , 2016, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. 1. On , 2016, the City Council held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Developer, and members of the public. On , 2016, consistent with applicable provisions of the Development Agreement ft 16635E v4 9184.2 2 DRAFT 9120/16 Statute and Development Agreement Ordinance, the City Council adopted its Ordinance No. (the "Adopting Ordinance"), finding this Agreement to be consistent with the City of Tustin General Plan and approving this Agreement. and authorizing its execution. J. The Property is proposed to be subdivided and developed in multiple Phases within two product lines referred to as"Melrose Place" and"Veranda Court." Each Phase within each product line is depicted on the Phasing Plan attached as Exhibit C to this Agreement. For purposes of this Agreement, any reference to a Phase shall be deemed to be a reference to the portion of the Property described as that Phase on such Exhibit AGREEMENT NOW,THEREFORE,City and Developer agree as follows: 1. Definitions. In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below: "Action"shall have the meaning ascribed in Section 7.7 of this Agreement. "Adopting Ordinance"shall have the meaning ascribed in Recital I of this Agreement. "Agreement"shall mean this Development Agreement. "Agreement Date" shall mean the date this Agreement is recorded in the Office of the Orange County Recorder. "Applicable Approvals" shall have the meaning ascribed in Recital F of this Agreement. "Cell Tower'shall have the meaning ascribed in Section 4.1.3(a). "CE A" shall mean the California Environmental Quality Act (California Public Resources Code sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.), as the same may be amended from time to time. "City" shall mean the City of Tustin, a California city, and any successor or assignee of the rights and obligations of the City of Tustin hereunder. "City Council" shall mean the governing body of the City of Tustin. "City's Affiliated Parties" shall have the meaning ascribed in Section 9.1 of this Agreement. "Claim"shall have the meaning ascribed in Section 9.1 of this Agreement. "Cure Period" shall have the meaning ascribed in Section 7.1 of this Agreement. #166356%4 9184.2 3 DRAFT 9120116 "Damages"shall have the meaning ascribed in Section 7.3 of this Agreement. "Default"shall have the meaning ascribed to that term in Section 7.1 of this Agreement. "Develop' or"Development" shall mean to improve or the improvement of the Property for the purpose of completing the structures, improvements, and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of landscaping. The terms "Develop" and "Development," as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement,or facility after the initial construction and completion thereof. "Developer' shall mean Intracorp SoCal-1,LLC, a California limited liability company, and any successor or assignee to all or any portion of the right, title, and interest of the Project in and to ownership of all or a portion of the Property. "Development Agreement Ordinance" shall mean the Chapter 6, Part 1, Section 9600 et seq.of the Tustin City Code. "Development Agreement Statute" shall mean California Government Code sections 65864-65869.5, inclusive, as the same may be amended from time to time. "Development Exactions" shall mean the requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of development of the Project on the environment or other public interests, except as specifically excluded from such definition pursuant to Section 3.4.4. "Development Limitation"shall have the meaning ascribed in Section 2.3.2. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and permits include, without limitation, the Development Regulations, to the extent provided under this Agreement, the Applicable Approvals and all conditions of approval and all mitigation measures approved for the Project on or before the Agreement Date. "Development Regulations" shall mean the following regulations as they are in effect as of the Effective Date and to the extent they govern or regulate the development of the Property: the General Plan; the Development Plan; and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted uses,density and intensity of use,design, improvement,and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Property during the Term of this Agreement that are set forth in the Tustin City Code dealing with #166356 W 9184? 4 DRAFT 9/20116 buildings and construction, subdivisions and inclusionary housing, and planning, zoning and density bonus. Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property;or(v)the exercise of the power of eminent domain. "Effective Date" shall mean the date that is thirty (30) days after the date the Adopting Ordinance is approved by the City Council. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Effective Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, Lt sec,., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seg., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et sea., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seg., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et sea., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et seq., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 e_t sea., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et sea., as amended; the Federal Safe Drinking Water Act,42 U.S.C. Sections 300f et sea., as amended; the Federal Radon and Indoor Air Quality Research Act,42 U.S.C. Sections 7401 et se4., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651 ems., as amended; and California Health and Safety Code Section 25100,et seg. "Equipment"shall have the meaning ascribed in Section 4.1.3(a). "Expiration Date"shall have the meaning ascribed in Section 4.1.3(a). "General Plan" shall mean City's General Plan in effect on the Effective Date. "Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum-derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law. "Lease"shall have the meaning ascribed in Section 4.1.3(a). #166356v4 9164.2 5 DRAFT 9120!16 "Lease End Date"shall have the meaning ascribed in Section 4.1.3(a). "Mortgage"shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee. "Notice of Default"shall have the meaning ascribed in Section 7.1 of this Agreement. "Park Facilities"shall have the meaning ascribed in Section 4.1.1(a). "Party" or "Parties" shall mean either City or Developer or both, as determined by the context. "Phase" shall mean any Phase depicted on Exhibit C. "Phases"shall mean all of the Phases depicted on Exhibit C,collectively. "Pr_!2 ect" shall mean all on-site and off-site improvements that Developer is authorized and/or required to construct with respect to the Property, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law in order to carry out the Development Plan. "Property" shall have the meaning ascribed in Recital A of this Agreement. "Public Benefits" means those public benefits to be provided by the Developer and the Project as described in Section 4 of this Agreement that comprise enforceable additional consideration to City for this Agreement. "Subse went Development Approvals" shall mean all discretionary development and building approvals that Developer is required to obtain to Develop the Project on and with respect to the Property after the Effective Date consistent with the Development Regulations and this Agreement, with the understanding that except as expressly set forth herein City shall not have the right subsequent to the Agreement Date and during the Term of this Agreement to adopt or impose requirements for any such Subsequent Development Approvals that do not exist as of the Agreement Date. "Term"shall have the meaning ascribed in Section 2.3.1 of this Agreement. "Termination Date"shall have the meaning ascribed in Section 2.3.2 of this Agreement. "Transfer"shall have the meaning ascribed in Section 10.1 of this Agreement. #166356 v4 9184,2 6 DRAFT 9120116 2. General Provisions. 2.1 Binding Effect of Agreement,• Authorized Use of Property. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement and the Development Regulations and the Applicable Approvals, which establish the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings on the Property and provisions for reservation and dedication of land for public purposes. For avoidance of doubt, the permitted uses on the Property are residential development, recreational uses and public facilities and infrastructure in connection with such uses as described by the Applicable Approvals. Notwithstanding the foregoing, except as set forth in Section 4.1.3 with respect to the Cell Tower and Equipment, the City hereby agrees that the existing industrial use of the Property shall be permitted to continue as a non-conforming use until the earlier of the Termination Date of this Agreement or the commencement of construction (grading)of the first phase of the Project. 2.2 Developer Representations and Warranties Re ariling Ownership of the Property and Related Matters Pertaining to this Agreement. Developer and each person executing this Agreement on behalf of Developer hereby represents and warrants to City as follows: (i) that Developer has entered into a binding Purchase and Sale Agreement to purchase the fee simple title to the Property and will be the owner of fee simple title to the Property as of the Effective Date; (ii) if Developer or any co-owner comprising Developer is a legal entity that such entity is duly formed and existing and is authorized to do business in the State of California; (iii)if Developer or any co-owner comprising Developer is a natural person that such natural person has the legal right and capacity to execute this Agreement; (iv) that all actions required to be taken by all persons and entities comprising Developer to enter into this Agreement have been taken and that Developer has the legal authority to enter into this Agreement; (v) that Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation,contractual or otherwise, that Developer or any person or entity comprising Developer has to any third party; (vi) that neither Developer nor any co-owner comprising Developer is the subject of any voluntary or involuntary bankruptcy or insolvency petition; and (vii) that Developer has no actual knowledge of any pending or threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i)-(vi), inclusive, or affecting Developer's authority or ability to enter into or perform any of its obligations set forth in this Agreement. 2.3 Term. 2.3.1 The term of this Agreement (the "Term") shall commence on the Agreement Date and shall extend until the Termination Date (as defined below). Following the Termination Date, this Agreement shall be deemed terminated and of no further force and effect; provided however, that said termination of the Agreement shall not affect any right or duty emanating from the Applicable Approvals or any Subsequent Development Approvals. #166156 v3 9184 2 7 DRAFT 9120/16 2.3.2 The "Termination Date" shall be the earliest of the following dates: (i) the fifth (5th) anniversary of the Effective Date as the same may be extended pursuant to Section 2.3.3; (ii) the date of termination of this Agreement by the City in accordance with any of Articles 6, 7 and/or 8 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; (iii)the date upon which Developer completes the Project and the Public Benefits in accordance with the terms of this Agreement, the Applicable Approvals and the Development Regulations, including Developer's complete satisfaction, performance, and payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits for residential units on the Property, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required public improvements and offers of dedication; (iv) the date of entry of a final court judgment not subject to further appeal setting aside, voiding or annulling the adoption of the Adopting Ordinance or any of the Applicable Approvals; or (v) the date of adoption of a referendum measure overriding or repealing the City ordinance approving this Agreement. 2.3.3 Notwithstanding the Parties' expectation that there will be no limit or moratorium upon the Project's development or the issuance of building or other development related permits ("Development Limitation") during the Term, the Parties understand and agree that various third parties may take action causing a de facto Development Limitation. Consequently, and subject to the limit on the Term set forth in Section 2.3.5, the Term and the obligations imposed pursuant to this Agreement shall be extended day for day for any delay arising from or related to a timely filed lawsuit challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Applicable Approvals, until the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, and/or the Applicable Approvals, whether such finality is achieved by a final non-appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement. Each Party shall promptly notify the other Party to this Agreement upon learning of any Development Limitation. 2.3.4 Notwithstanding any other provision of this Agreement, unless otherwise agreed by the City Council in its sole discretion, the maximum Term of this Agreement shall be seven(7) years from the Effective Date. 3. Development of Project. 3.1 _Development Regulations: Developer's Vested Rights and City's Reservation of Discretion With Respect to Subseg uent Development Approvals. 3.1.1 Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, (ii)exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals that are required for #166356 v4 91842 8 DRAFT 9/20116 Development of the Project as of the Effective Date, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i)-(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Developer's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the date on which the City Council approves the Adopting Ordinance. 3.1.2 Developer has expended and will continue to expend substantial amounts of time and money planning and preparing for Development of the Project. Developer represents and City acknowledges that Developer would not make these expenditures without this Agreement, and that Developer is and will be making these expenditures in reasonable reliance upon its vested rights to Develop the Project as set forth in this Agreement. 3.1.3 Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, provided that the request does not propose an increase in the maximum density, intensity, height, or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic and, in addition, Developer may apply to City for approval of minor amendments to existing tentative tract maps, tentative parcel maps, or associated conditions of approval,consistent with the Tustin City Code. This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to approve the same with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement. 3.2 Other Governmental or Quasi-Governmental Permits. Developer shall apply for such other permits and approvals as may be required by non- City governmental or quasi-governmental agencies having regulatory jurisdiction over the Project (such as public utilities or special districts, or other federal or state resource agencies) to the extent required for the development of, or provision of, services and facilities to the Project as set forth in the Development Plan. The City shall cooperate with and assist Developer in obtaining such permits and approvals, and, where necessary in making application for such approvals or permits. Developer shall be solely responsible for all costs and shall be responsible for the processing of all such permits. 3.3 No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set forth in this Agreement (including,without limitation,as set forth in Section 3.4 and Article 4 of this Agreement), during the Term of this Agreement, the City shall not apply to the Project or the Property any ordinance, policy,rule, regulation,or other measure relating to Development of the Project that is enacted or #166156�4 9184' 9 DRAFT 9/24116 becomes effective after the Agreement Date to the extent it conflicts with this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city's growth control ordinance even though the city and construction company had entered into a consent judgment(tantamount to a contract under California law) establishing the company's vested rights to develop its property consistent with the zoning. The California Supreme Court reached this result because the consent judgment failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Developer shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that Developer deems appropriate within the exercise of Developer's sole subjective business judgment, provided that such Development occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Agreement Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Developer's vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement. 3.4 Reservations of Authority. Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 3.4 shall apply to and govern the Development of the Project on and with respect to the Property. 3.4.1 Procedural Regulations. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that such procedural regulations are adopted and applied City-wide or to all other properties similarly situated in City. 3.4.2 Processing and Permit Fees. City shall have the right to charge and Developer shall be required to pay (a) all applicable processing and permit fees to cover the reasonable cost to City of(i) processing and reviewing applications and plans for any Applicable Approvals, Subsequent Development Approvals, building permits, excavation and grading permits, encroachment permits, plan checking, site review and approval, administrative review, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting Project applications, plans and specifications, (ii) inspecting the work constructed or installed by or on behalf of Developer, and (iii) monitoring compliance with any requirements applicable to Development of the Project, in each case at the rates in effect at the time fees are due and (b) all costs incurred by the City performance of necessary studies and reports in connection with the foregoing and its obligations under this Agreement (collectively, the "City Processing Fees"). 3.4.3 Consistent Future City Regulations. City ordinances, resolutions, regulations, and official policies governing Development which do not conflict with the Development Regulations, or with respect to such regulations that do conflict, where Developer has consented in writing to the regulations, shall apply to the Property. #106356 r4 9184 2 10 DRAFT 9/20116 3.4.4 Development Exactions AP12licable to Property. During the Term of this Agreement, Developer shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Developer and the Project in the absence of this Agreement; provided, however, that to the extent the scope and extent of a particular Development Exaction for the Project has been established and fixed by City in this Agreement or the conditions of approval for any of the Development Regulations approved on or before the Effective Date, the City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with such Development Regulations without Developer's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 3.4.5 hereinbelow). Notwithstanding any other provision of this Agreement, nothing in this Agreement is intended or shall be deemed to vest Developer against the obligation to pay any of the following (which are specifically excluded from the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district,or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, park fees and the New Construction Tax(as described in Section 2601 of the Tustin City Code.) 3.4.5 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Developer's vested rights set forth in this Agreement shall apply to the Property, together with any City ordinances, resolutions, regulations, and official policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Developer does not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or regulation that prevents or precludes compliance with any provision of this Agreement, City or Developer shall provide to the other Party a written notice identifying the federal, state, or City law or regulation, together with a copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter City and Developer shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City and Developer agree to preserve the terms of this Agreement and the rights of Developer as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Developer at no cost to City in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Developer. City also agrees to process in a prompt manner Developer's proposed changes to the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the sole discretion of City,consistent with this Agreement. #166356 v4 9164 2 11 DRAFT 9120116 3.4.6 Public Health and Safety. Any City ordinance, resolution,rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property,even though the application of the ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer's vested rights under this Agreement. 3.4.7 Uniform Building Standards. Existing and future building and building- related standards set forth in the uniform codes adopted by City and any local amendments to those codes adopted by the City, including without limitation building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the Property to the same extent that the same would apply in the absence of this Agreement. 3.4.8 Public Works Improvements. To the extent Developer constructs or installs any public improvements, works,or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City's issuance of a permit, license, or other authorization for construction or installation of same shall apply. 3.4.9 No Guarantee or Reservation of Utility Capacity. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that City undertakes to provide such services to other similarly situated new developments in the City of Tustin as and when service connections are provided and service commences). 3.5 Tentative Subdivision Ma s. City agrees that Developer may file and process new and existing tentative maps for the Property consistent with California Government Code sections 66498.1-66498.9. Pursuant to the applicable provision of the California Subdivision Map Act (California Government Code Section 66452.6(a)(1)), the life of any tentative subdivision map approved for the Property, whether designated a"vesting tentative map"or otherwise, shall be extended for the Term of this Agreement. 4. Public Benefits. 4.1 Provision of Public Benefits. Developer shall provide the following public benefits which shall constitute additional consideration for this Agreement for the benefit of the City("Public Benefits"): #166356 0 9194 2 12 DRAFT 9120116 4.1.1 Private Park Facilities; Public Access. The Tustin City Code (Section 9331 et sec.) requires that the Project meet the City's parkland requirements through one or more of the following methods: dedication of parkland, credits for provision of private open space or payment of in-lieu fees. Under the Tustin City Code, the Project (utilizing an average gross density of 20.6 du/ac, and an average persons per dwelling unit of 2.24 people) shall be required to provide 0.0067 acres of parkland per unit, or a total requirement of 40,859 square feet, of which a total of 10,215 square feet may be met through credit for provision of private open space. Developer shall meet the parkland requirements of the Tustin City Code as follows: (a) Developer shall construct, as part of the first phase of the Project, a privately owned, publicly accessible urban park along Sixth Street, of not less than 3,709.55 square feet in the location shown on the Tract Boundary and Site Plan as Exhibit B-1, including the following amenities: dog station, seating, focal point, pathway and landscaping, or such alternative amenities as may be approved by the Director of Community Development and the Director of Parks & Recreation ("Park Facilities"). As a condition recordation of the first phase final map, Developer shall provide a public access easement to the Park Facilities in favor of the City and the public pursuant to the final map or a separate access agreement in form acceptable to the City in its sole discretion. Developer shall maintain, or, following formation thereof, shall cause the homeowners' association to maintain, the Park Facilities at the sole cost of the Developer or homeowner's association, as applicable, and such obligation shall be set forth in the CC&Rs for the Project. Prior and as a condition to recording of the first phase of the final map, the City shall have the right to review and approve the CC&Rs in order to, among other things, confirm the aforesaid maintenance obligations are set forth therein. Upon completion of the Park Facilities and provision to the City of the required access easement, Developer shall receive park credit on a per square foot basis for the actual square footage of land comprising the Park Facilities. (b) Developer shall provide private recreational facilities on the Property, in an amount not to exceed 6,506 square feet comprised of a recreation area with pool and pedestrian paseos. Private recreation facilities shall not include private open space belonging to individual residential units and other non-useable open space. Upon completion of the foregoing private recreation facilities, Developer shall receive park credit on a per square foot basis for the actual square footage of land comprising private recreational facilities approved by the City. (c) In satisfaction of the remaining park requirement after taking into account the credits described in clauses (a) and (b) above (which remaining park requirement shall comprise not less than 30,645 square feet), prior to issuance of the first building permit for a residential unit in each Phase, Developer shall pay a per unit in-lieu fee for all of the condominium residential lots created by the final map for such Phase, which shall be paid in a per lot amount equal for each lot to 1/140`h of the total in lieu fee calculated pursuant to the following sentence. The total in-lieu fee amount shall be determined in accordance with Tustin City Code Section 9331d.3 based on the appraised fair market value of the land as determined by the City immediately prior to the recording of the final map for the first phase of the Project and as otherwise described Tustin City Code Section 9331d and the in-lieu fee applicable to each unit shall remain fixed. Notwithstanding that such fees are paid in advance of building permit #166156 v4 9184 2 13 DRAFT 9/20116 issuance, Developer shall not be entitled to apply for a refund of fees paid pursuant to this Section 4.1.1 even if building permits are not issued for any of the individual lots or residential units for which fees have been paid. 4.1.2 Affordable Housing. The City is proposing to adopt on a City-wide basis, a requirement either(a) that 15% of all housing units constructed in the City be made affordable to very low, low or moderate income households in specified percentages and that for sale units comprising affordable housing be restricted for such use for a period of not less than 45 years or (b) that an in-lieu fee of be paid to the City which the City shall be entitled to utilize for development of affordable housing. Under the terms of this Agreement, Developer would be responsible to pay an in-lieu fee therefor. Developer acknowledges that provision of affordable housing is a matter of public health and safety. As additional consideration for the vested rights granted to Developer by this Agreement, Developer hereby agrees to pay to the City in-lieu fees related to development of the Project in the amount of$8.00 per square foot of gross floor area, to a maximum aggregate total of One Million Nine Hundred Seventy Nine Thousand Six Hundred Thirty Two Dollars ($1,979,632), which shall fully satisfy all future requirements by the City related to provision of affordable housing by the Project. The affordable housing fee shall be paid on a per unit basis at the time of issuance of a building permit for each residential unit, until such time as a total of One Million Nine Hundred Seventy Nine Thousand Six Hundred Thirty Two Dollars ($1,979,632) has been paid in satisfaction of this requirement, and thereafter the Developer shall not be required to make further payments related to affordable housing. 4.1.3 Cell Tower and E ui ment. (a) A communications cell tower ("Cell Tower") and certain Cell Tower-related ground level equipment ("Equipment") is currently located on the Property and comprises a non-conforming use under the Tustin City Code. The Cell Tower and Equipment are currently subject to that certain Building and Land Lease dated June 2, 1989 by and between Tustin Freeway Commerce Center, a California limited partnership, as successor in interest to Tustin Freeway Commerce Center, as landlord, and CCATT LLC, successor in interest to Los Angeles Cellular Telephone Company, as tenant, as amended by that certain First Amendment to Building and Land Lease dated as of November 1, 2003 made by predecessors in interest to landlord and tenant with respect to a portion of the commercial property commonly known as 622 South B Street, Suite B, Tustin, California ("Lease"). Developer covenants, represents and warrants for the benefit of the City that (i) Developer has provided City with true and correct copy of the Lease and as of the date on which the City Council approved the Adopting Ordinance and the Effective Date, the Lease has not been amended or modified and remains in full force and effect in accordance with its terms; (ii) Developer shall, upon its acquisition of the Property, acquire all right, title and interest of Iandlord under the Lease; (iii) the expiration date of the Lease is August 31, 2019 ("Expiration Date") and the tenant has no right under the terms of the Lease or otherwise to extend the term of the Lease beyond such Expiration Date; (iv) Developer shall not extend the Expiration Date of the Lease nor permit the current owner of the Property to do so(and has the authority under the option agreement with the current owner to prohibit such action),and neither Developer nor the current owner of the Property shall enter into any agreement the effect of which is to extend the Expiration Date of the Lease or to permit the use of the Cell Tower and Equipment beyond the earlier of the Expiration Date or the actual date #166356 0 9184.2 14 DRAFT 9/20116 upon which the Lease is terminated(the "Lease End Date") and (v) in all events, Developer shall cause the Cell Tower and Equipment to be removed from the Property on or before (1) the date that is ninety (90) days following the Lease End Date or (2) upon such earlier date on which Developer seeks issuance of the first certificate of occupancy for a residential unit in Phases 6 or 7 of Melrose Place. (b) In consideration for the covenants, representations and warranties of Developer contained in this Section 4.1.3, City hereby agrees to permit the Cell Tower and Equipment to remain on the Property until the Lease End Date. Developer acknowledges and agrees that from and after the Lease End Date, the Cell Tower and Equipment shall no longer be deemed a legal non-conforming use and thereafter shall be deemed to be a public nuisance as defined in the Tustin City Code, subject to the remedies set forth in Section 1122 of the Tustin City Code. Accordingly, as an additional public benefit, Developer hereby waives its right to challenge or seek to set aside the termination of the non-conforming use designation and the designation of the Cell Tower and Equipment as a public nuisance by the City and waives its right to any public hearing with respect to same. To assure that the Cell Tower and Equipment is timely removed, Developer hereby agrees that it shall not receive a certificate of occupancy for a residential unit in Phases 6 or 7 of Melrose Place unless and until the Lease has terminated or expired and the Cell Tower and Equipment has been removed and Developer expressly assumes the risk that development of such Phases of the Project may not be carried out unless and until the Lease has terminated or expired and the Cell Tower and Equipment has been removed. Any breach of the covenants, representations and warranties contained in this Section 4.1.3 shall be a Default under this Agreement and shall constitute cause for a City determination that Developer has failed to demonstrate good faith compliance with the terms and conditions of this Agreement. (c) Promptly upon Developer's acquisition of the Property, Developer shall install fencing or other temporary enclosure accepted to the Director of Community Planning to shield the Equipment from pedestrian and vehicular traffic on 6`h Street. Such fencing or enclosure shall remain in place until the Cell Tower and Equipment are removed. 4.1.4 Construction of Intersection Bulb Out. As part of the first Phase of the Project to be built and prior to issuance of the first certificate of occupancy for a residential unit on the Property, Developer shall construct the intersection bulb out adjacent to the Property in the location shown and as generally depicted on Exhibit D as further described in the conditions of approval for the Project including without limitation by incorporating the striping plan depicted on Exhibit D. The City shall have the right to review and approve the final construction drawings for this improvement prior to construction thereof. 4.1.5 Street and Highways Iml2rovements Payment. As additional consideration for the vested rights granted to Developer by this Agreement, Developer shall pay to the City the sum of Twenty Two Thousand Dollars ($22,000) as a condition to issuance of the first certificate of occupancy for a residential unit upon the Property, which amount shall be utilized by the City for intersection and signal improvements. 4.l.6 Old Town Sign. Prior and as a condition to issuance of the final certificate of occupancy for a residential unit in the first Phase of the Project to be built, Developer shall construct a non-illuminated sign identifying "Old Town Tustin" which shall be placed on the #166356 vA 9184 15 DRAFT 9120/16 Project sound wall adjacent to Interstate 5 freeway and be of a size and in a location which will not encroach into Caltrans right-of-way thereby eliminating Caltrans review. The City shall have the right to review and approve the proposed location, lighting, size and design of the signage prior to construction thereof. 4.2 Effect of Public Benefits Default. Notwithstanding any other provision of this Agreement to the contrary, if any payment under this Article 4 is not made or any obligation requiring performance is not timely performed by Developer, The City may withhold further issuance of building permits or other approvals, including final maps, for the Project and the Property, until such time as Developer has made the required payment or undertaken the required performance. 4.3 ZoningRlease. Developer acknowledges and agrees that in accordance with Condition 1.9 to the Applicable Approvals ("Zoning Condition"): (a) the rezoning of the Property pursuant to the Applicable Approvals shall not become effective until (i) recordation of the final subdivision map and a covenant running with the land and (ii) the satisfaction of the prerequisites to effectiveness of the rezoning set forth in such recorded covenant and (b) in the event that the conditions to the effectiveness of such rezoning are not met, Developer shall not contest or protest the rezoning of the Property by the City, nor will Developer contest or protest the invalidation of the Applicable Approvals. As material consideration to the City for execution of this Agreement, Developer, on behalf of itself, subsequent owners and their respective successors and assigns and all other persons and entities claiming by or through the foregoing ("Releasing Parties") hereby (1) agrees that neither it nor the Releasing Parties will contest or protest any act taken by the City with respect to the Zoning Condition, or the enforcement of same by the City including without limitation, the rezoning of the property by the City and/or the invalidation of the Applicable Approvals as a result of such enforcement and (2) waives the right of each Releasing Party to recover from, and fully and irrevocably releases the City and its elected and appointed officials, employees, agents, attorneys, affiliates, representatives, contractors, successors and assigns (individually, a "Released Party" and collectively, the "Released Parties") from any and all claims, actions,causes of action,demands,orders,or other means of seeking or recovering losses, damages, liabilities,costs,expenses (including attorneys' fees, fees of expert witnesses, and consultants' and court and litigation costs),costs and expenses attributable to compliance with judicial and regulatory orders and requirements, fines, penalties, liens, taxes, or any type of compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen ("Claims") that Developer or any Releasing Party may now have or hereafter suffer or acquire arising from or related to the Zoning Condition or the enforcement of same by the City, including without limitation, the rezoning of the property by the City and/or the invalidation of the Applicable Approvals as a result of such enforcement. This release includes Claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer's release of the Released Parties. Developer specifically waives the provision of California Civil Code Section 1542, which provides as follows: #166356 v4 9184.2 16 DRAFT 9/20116 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." In this connection and to the extent permitted by law, Developer on behalf of itself and the other Releasing Parties hereby agrees, represents and warrants that (x) it realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to Claims or controversies which are presently unknown, unanticipated and unsuspected, (y) the waivers and releases in this Section 4.3 have been negotiated and agreed upon in light of that realization and (z) Developer, on behalf of itself and the other Releasing Parties, nevertheless hereby intends to release, discharge and acquit the Released Parties from any such unknown Claims and controversies to the extent set forth above which might in any way be included as a material portion of the consideration given to the City by Developer in exchange for the City's performance hereunder. 5. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code Section 65869.5, this Agreement shall be enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate)that purports to apply to any or all of the Property. 6. Annual Review of Developer's Compliance With Agreement. 6.1 General. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code Section 65865.1 and Tustin City Code Section 9617, as the same may be amended from time to time. Developer (including any successor to the owner executing this Agreement on or before the date the Effective Date) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. 6.2 Developer Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Developer is required to demonstrate good faith compliance with the terms of the Agreement. Developer agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require,thirty (30)days prior to each anniversary of the Effective Date during the Term. 5166356 v4 9184 2 17 DRAFT 9/20/16 6.3 Procedure. The City shall conduct its annual review of the Agreement in accordance with Tustin City Code Section 9617, as the same may be amended from time to time. 6.4 Annual Review a Non-Exclusive Means for Determining and Requiring Cure of Developer's Default. The annual review procedures set forth in this Article 6 shall not be the exclusive means for City to identify a Default by Developer or limit City's rights or remedies for any such Default. 7. Events of Default. 7.1 General Provisions. In the event of any default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall have the right to deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) days if the Default relates to the failure to timely make a monetary payment due hereunder and thirty (30) days in the event of non-monetary Defaults) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If however, a non-monetary Default cannot be cured within such thirty (30) day period, as long as the defaulting Party does each of the following: i. notifies the non-defaulting Party in writing with a reasonable explanation as to the reasons the asserted Default is not curable within the thirty(30) day period; ii. notifies the non-defaulting Party in writing of the defaulting Party's proposed course of action to cure the Default; iii. promptly commences to cure the Default within the thirty (30) day period; iv. makes periodic written reports to the non-defaulting Party as to the progress of the program of cure; and V. diligently prosecutes such cure to completion, then the non-defaulting Party shall grant in writing the defaulting Party such additional time as determined by the non-defaulting party as reasonably necessary to cure such Default. 7.2 City's Remedies. In the event of a Default by Developer under this Agreement that is not cured during the Cure Period, City, at its option, may institute legal action to cure, correct or remedy such #166156 v41 91841 2 18 DRAFT 9120116 Default, enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 7.2, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to Tustin City Code Section 9618, in which event the matter shall be scheduled for consideration and review by the City Council. The decision of the City Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b). 7.3 Developer's Remedies. In the event that City is in material default under this Agreement, Developer shall be entitled to any or all of the following remedies: (1)Seeking mandamus or special writs, injunctive relief, or specific performance of this Agreement; (2)Modifications or termination of this Agreement; or (3) Seeking any other remedy available at law or in equity, provided, however, except as provided in Section 7.7 below with respect to recovery of legal expenses, Developer agrees and covenants on behalf of itself and it successors and assigns, not to sue City for damages or monetary relief for any breach of this Agreement or arising out of or connected with any dispute, controversy or issue regarding the application or effect of this Agreement, or for general, special, compensatory, expectation, anticipation, indirect, consequential, exemplary or punitive damages ("Damages") arising out of or connected with any dispute, controversy, or issues regarding the application or effect of this Agreement, the Applicable Approvals, the Development Plan, the Development Regulations, any Subsequent Development Approvals, or any permits or entitlements sought in connection with development or use of the Property or Project, or any portion thereof. Developer acknowledges that City would not have entered into this Agreement if City could be held liable for Damages for any default or breach arising out of this Agreement and that Developer has adequate remedies other than Damages, to secure City's compliance with its obligations under this Agreement. Therefore, Developer agrees that City, its officers, employees and agents shall not be liable for any Damages and that this Section shall apply to any successor,assignee or transferee of the Developer. 7.4 Waiver. Failure or delay by either Party in delivering a Notice of Default shall not waive that Party's right to deliver a future Notice of Default of the same or any other Default. 7.5 Additional City Remedy for Developer's Default. In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications,or improvements to public property which it may have received prior to Developer's Default without recourse from Developer or its successors or assigns. 7.6 No Personal Liability of City Officials Employees, or Agents. No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement. #166356 W 9184:! 19 DRAFT 9120/18 7.7 Recovery of Legal Expenses by Prevailing Party in Any Action. In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include court costs, expert witness fees, attorneys' fees, and costs of investigation and preparation before initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. 8. Force Majeure. Neither Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In no event shall the occurrence of an event of force majeure operate to extend the Term of this Agreement. In addition, in no event shall the time for performance of a monetary obligation, including without limitation Developer's obligation to pay Development Exactions and amounts specified as Public Benefits under this Agreement, be extended pursuant to this Section. 9. Indemnity Obligations of Develo er. 9.1 Indemnity Arising From Acts or Omissions of Develo er. Except to the extent caused by the intentional misconduct or actively negligent acts, errors or omissions of City or one or more of City's officials, employees, agents, attorneys and contractors (collectively, the"City's Affiliated Parties"), Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorneys' fees, expert witness fees and court costs) (collectively, a "Claim") that may arise, directly or indirectly, from the acts, omissions, or operations of Developer or Developer's officers, agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Developer relating to the Property or pursuant to this Agreement. City shall have the right to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Developer shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 9.1 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. 9.2 Third Party Litigation. In addition to its indemnity obligations set forth in Section 9.1, Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any #166356%4 91842 20 DRAFT 9120116 Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of this Agreement, the Adopting Ordinance, the Development Plan, any of the Development Regulations for the Project (including without limitation any actions taken pursuant to CEQA with respect thereto), any Subsequent Development Approval,or the approval of any permit or entitlement granted pursuant to this Agreement. Said indemnity obligation shall include, without limitation, payment of attorney's fees, expert witness fees, and court costs. City shall promptly notify Developer of any such Claim and City shall cooperate with Developer in the defense of such Claim. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Developer's indemnity obligation, provided that such counsel shall reasonably cooperate with Developer in an effort to minimize the total litigation expenses incurred by Developer. Provided that Developer has then paid in full all sums due to the City or its counsel incurred pursuant to this Section and otherwise fully performed its indemnity obligations hereunder, Developer shall be entitled to retain the same. The indemnity provisions in this Section 9.2 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. 9.3 Environmental Indemnity. In addition to its indemnity obligations set forth in Section 9.1, from and after the date on which the Adopting Ordinance is approved by the City Council, Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever, including without limitation attorney's fees, expert witness fees, and court costs, based upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii)the storage, handling, transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area disturbed, graded, or developed by Developer in connection with Developer's Development of the Project. The indemnity provisions in this Section 9.3 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. 9.4 Labor Laws. Developer shall carry out the construction of the Project, including all improvements, in conformity with all Development Regulations including all applicable federal and state labor laws and regulations and shall investigate the applicability of and, if and to the extent applicable, pay prevailing wages meeting the requirements of such laws and regulations; provided that Developer reserves the right to reasonably contest such laws and regulations. Developer hereby agrees that, with respect to the Project, Developer shall be fully responsible for determining whether the foregoing wage requirements are applicable and agrees to indemnify, defend and hold the City and its elected and appointed officials, employees, agents, attorneys, affiliates, representatives, contractors, successors and assigns free and harmless from and against any and all Claims arising from or related to compliance by Developer or Developer's officers, directors, employees, agents, representatives, consultants and/or contractors (at every tier) in construction #166356 v4 9184 2 21 DRAFT 9120116 of the Project with the prevailing wage requirements imposed by any applicable federal and State labor laws. 10. Assignment. 10.1 Permitted Transfers. Developer shall have the right, upon approval of City, which approval shall not be unreasonably withheld, to sell, transfer or assign (hereinafter, collectively, a "Transfer") Developer's interest in this Agreement and the Property, in whole or in part, to a third party acquiring an interest or estate in the Property or any portion thereof(such successor, a"Permitted Transferee") and such successor, as of the effective date of the Transfer, shall become the "Developer" under this Agreement; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and each Transfer shall be made in strict compliance with the conditions precedent set forth in Sections 10.2 and 10.3. 10.2 City Approval of Transferee. Prior to the effective date of any proposed Transfer,Developer(as transferor)shall: i. notify City, in writing, of such proposed Transfer and, in order to permit the City to make an informed decision to approve or disapprove the Transfer, provide to the City such financial statements and evidence of the proposed Transferee's fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations assumed; and ii. deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Developer and in a form subject to the reasonable approval of the City Attorney of City(or designee),pursuant to which the transferring Developer assigns to the successor Developer and the successor Developer assumes from the transferring Developer all of the rights and obligations of the transferring Developer with respect to the Property, or interest in the Property, or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed outside of the Property so Transferred that are a condition precedent to the successor Developer's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Developer under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Developer with respect to the balance of the Property. 10.3 Ongoing Liability of Transferor. Notwithstanding any Transfer, the transferring Developer shall continue to be jointly and severally liable to City, together with the successor Developer, to perform all of the transferred #166356 v4 9184 2 717 DRAFT 9120116 obligations set forth in or arising under this Agreement unless there is full satisfaction of all of the following conditions, in which event the transferring Developer shall be automatically released from any and all obligations with respect to the portion of the Property so Transferred: (i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Developer is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the transferring Developer has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in Section 10.2(b); and (iv) the successor Developer either (A) provides City with substitute security equivalent to any security previously provided by the transferring Developer to City to secure performance of the successor Developer's obligations hereunder with respect to the Property, or interest in the Property, or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Developer either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Developer has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. 11. Mortgagee Rights. 11.1 Encumbrances on Property. The Parties agree that this Agreement shall not prevent or limit Developer in any manner from encumbering the Property, any part of the Property, or any improvements on the Property with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project. 11.2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement. 11.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 11.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Developer or other affirmative covenants of Developer, or to guarantee this performance except that: (i) the Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City's performance. #166356 v4 9184 2 23 DRAFT 9120116 11.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of. (i) the results of the periodic review of compliance specified in Article 6 of this Agreement, and(ii) any default by Developer of its obligations set forth in this Agreement. Each Mortgagee shall have a further right, but not an obligation, to cure the Default within thirty(30) days after receiving a Notice of Default with respect to a monetary Default and within sixty(60)days after receiving a Notice of Default with respect to a non-monetary Default. If the Mortgagee can only remedy or cure a non-monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure the non-monetary Default within sixty (60) days after obtaining possession and, except in case of emergency or to protect the public health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the sixty (60)-day period. In the case of a non-monetary Default that cannot with diligence be remedied or cured within sixty (60) days, the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee promptly commences to cure the non-monetary Default within sixty (60) days and diligently prosecutes the cure to completion. 12. Miscellaneous Terms. 12.1 Notices. Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited in the United States mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Manager With a copy to: Woodruff,Spradlin Smart 555 Anton Boulevard, Ste 1200 Costa Mesa,CA 92626 Attn: David E. Kendig, Esq. #166356 v4 9184.2 `4 DRAFT 9124116 TO DEVELOPER: Intracorp SoCal-1, LLC 4041 MacArthur Blvd.,Suite 250 Newport Beach,CA 92660 Attn: Peter Lauener With a copy to: O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine,CA 92602 Attn: John P. Yeager,Esq. Either Party may change the address stated in this Section 12.1 by delivering notice to the other Party in the manner provided in this Section 12.1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of: (i) the date received or(iii) three business days after deposit in the mail as provided above. 12.2 Project as Private Undertaking. The Development of the Project is a private undertaking. Neither Party is acting as the agent of the other in any respect, and each Party is an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership,joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the Development of private property by the owner of the property. 12.3 Cooperation. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 12.4 Estoppel Certificates. At any time, either Party may deliver written notice to the other Party requesting that that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect and is binding on the Party; (ii) this Agreement has not been amended or modified either orally or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is not the case, then the other Party shall describe the nature and amount of the actual or prospective Default. #166356 a4 9184.2 25 DRAFT 9/20/16 The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty(30)days following receipt. 12.5 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and"may" is permissive. 12.6 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 12.7 Waiver. The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. 12.8 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart,but all of which shall together constitute one and the same agreement. 12.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement. 12.10 Severability. The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that neither Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without limiting the generality of the foregoing, the Parties intend that Developer shall not receive any of the benefits of this Agreement if any of Developer's obligations are rendered void or unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Developer shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Developer's obligations under this Agreement. The provisions of this Section 12.10 shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive the Termination Date. #1663561,4 9184 1 26 DRAFT 9120116 12.11 Developer Deposit. Developer shall, within ten (10) business days following approval by the City of this Agreement, and as a condition to the effectiveness of this Agreement, deliver to the City in cash or cash equivalent funds, a deposit in the amount requested by the City based on the City's estimated City Processing Fees including staff time required to complete plan check and perform inspections (the "City Costs Deposit"), which amount shall be deposited by City in an account in a bank or trust company selected by the City and with no requirement that such account be interest bearing. If any interest is paid on such account, such interest shall accrue to any balances in the account for the benefit of the City. If at any time prior to the issuance of the final certificate of occupancy for a residential unit on the Property, the amount of funds in the City Costs Deposit account is depleted below Ten Thousand Dollars ($10,000), Developer shall be required to pay to the City each time an additional Twenty Thousand Dollars ($20,000) or such other amount as the City may specify as required in City's estimation to cover the cost of City Processing Fees, including as required to complete plan check and perform inspections, which shall be credited to the City Costs Deposit. Each such payment shall be deposited by the City into the City Costs Deposit account and shall be applied to City Processing Fees. The City Costs Deposit has been established to fund the City Processing Fees and may be used by the City for such purpose, and shall be depleted accordingly. Immediately upon incurring any City Processing Fees or costs or receipt of an invoice from third parties for same, the City shall have the right to deduct the amounts due it on account thereof from the City Costs Deposit The City Costs Deposit shall be retained by the City until the date of issuance of the final certificate of occupancy for a residential unit on the Property and the remaining amount of the City Costs Deposit then held by the City, if any, shall be promptly returned by the City to Developer thereafter, provided that the return of such funds shall not terminate the obligations of Developer to pay all City Processing Fees arising or incurred prior to issuance of the final certificate of occupancy for the final residential unit on the Property. Developer shall pay any outstanding amounts due with respect to City Processing Fees to the City within thirty (30) calendar days following receipt of an invoice from the City therefor, provided that the City shall first apply the amount of the City Costs Deposit, if any, then held by it in satisfaction of such invoice, and shall reflect the amount of such credit on the invoice. 12.12 Construction. This Agreement has been drafted after extensive negotiation and revision. Both City and Developer are sophisticated parties who were represented by independent counsel throughout the negotiations or City and Developer had the opportunity to be so represented and voluntarily chose to not be so represented. City and Developer each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning, and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Agreement in favor of or against either Party. 12.13 Successors and Assigns,Constructive Notice and Acceptance. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the #1663%v4 91842 27 DRAFT 9120116 land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii)runs with the Property and each portion thereof; and (iii) is binding upon each Party and each successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 12.12 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Article 10 or is a Permitted Transferee under this Agreement. 12.14 No Third Party Beneficiaries. The only Parties to this Agreement are City and Developer. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. 12.15 Applicable Law and Venue. This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing,construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court. 12.16 Section Headinss. All Section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 12.17 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and B are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B-1 Tract Map Boundary and Site Plan C Phasing Plan D Depiction of Intersection Bulb Out #166356Y4 9184.3 28 DRAFT 9120116 12.18 Recordation. The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code Section 65868.5. The date of recordation of this Agreement shall not modify or amend the Effective Date or the Termination Date. 12.19 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of such Party and warrants and represents that he or she/they has/have the authority to bind such Party to the performance of its obligations hereunder. [Signature page follows] #166356%-4 9184 29 DRAFT 9120116 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" INTRACORP SOCAL-1,LLC, a California limited liability company By: Peter Lauener,President "CITY" CITY OF TUSTIN By: John Nielsen, Mayor ATTEST: Erica N. Rabe,City Clerk APPROVED AS TO FORM: David E. Kendig, City Attorney #166356v4 9184.1 -30 DRAFT 9/20/16 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness.accuracy,or validity of that document. State of California ) County of Orange ) On , before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of Orange ) On , before me, a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature #166356 0 9184.2 31 DRAFT 9120/16 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TUSTIN, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELS 1, 2 AND 3, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 190, PAGES 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. 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FHJx _ ,� lEX TREET . _ _ EX. PP� J/ LI m - - EX PP g' 12 12' ZRAL.T N0. 17993 I 40' RIGHT' I 11 i Of WAY � I I , HHfAGE--NSM, CA �� ULD-M off HEET�2 11]MM BAD-= F J #166356 vA 91841 D-2