HomeMy WebLinkAbout12 REQ DEVELOPER INTEREST-HANGAR
Community Redevelopment Agency
February 2, 2005
City of Tustin
300 Centennial Way
Tustin, CA 92780
Administration 714.573.3107
Development 714.573.3121
Housing 714.573.3128
Tustin Legacy 714.573.3116
714.573.3124
FAX 714.573.3113
RE: A CALL FOR DEVELOPER INTEREST, HANGAR 29 COMPLEX, TUSTIN LEGACY
Dear Sir or Madam:
Thank you for requesting a copy of the City of Tustin's Request for Expressions of
Interest/Request for Proposal (REI/RFP) document that markets the historic blimp hangar
29 at Tustin Legacy. REI's are due not later than 4:00 p.m. on March 17,2005. Written
question should be addressed to: Dana Ogdon, City of Tustin, 300 Centennial Way, Tustin
California, 92780, (714) 573-3116.
Sincerely,
Dana Ogdon
Program Manager
S,IRDA\MCAS\DANAIHANGAR 29 Complex RFP\F¡na~transm¡ttalletter.doc
Request for Developer
Expressions of Interest and Proposals
Southerly Hangar at the Former MCAS Tustin
City of Tustin, California
January 2005
Hangar 29 Complex REI/RFP
January 3, 2005
Page 3
City Of Tustin
REQUEST FOR EXPRESSIONS OF INTEREST/PROPOSALS FOR HANGAR 29 COMPLEX
(BUILDINGS 29 AND 29A)
Former MCAS Tustin
Table of Contents
1.0
2.0
3.0
4.0
5.0
6.0
7.0
EXECUTIVE SUMMARY.................................................................................................6
INTRODUCTION.......................................................................................................... 7
2.1 Memorandum of Agreement.............................................................................. 9
GENERAL BACKGROUND.............................................................................................. 10
3.1 Regional and Local Setting ................................................................................10
3.2 Local Background .............................................................................................14
3.3 Market Profile...................................................................................................15
THE HANGAR 29 COMPLEX SITE .................................................................................. 20
4.1 Regional and Local Setting ................................................................................20
4.2 History of the Site ............................................................................................22
4.3 Historic Status.................................................................................................. 22
4.4 Hangar Complex Construction and Utility Summary ............................................ 23
4.5 DispositionfUse of Properties in Vicinity of Hangar 29 Complex Site..................... 27
CITY OBJECTIVES ....................................................................................................... 29
5.1 Planning and Community Objectives.................................................................. 29
5.2 Urban Design Objectives...................................................................................31
DEVELOPMENT CONSIDERATIONS...............................................................................33
6.1 Site Ownership and Property Status................................................................... 33
6.2 Hazardous Materials/Remediation/Sold "As Is" .............................................."... 34
6.2.1 Deed Constraints...................................................................................35
6.2.2 Lease Restrictions.................................................................................. 37
6.3 Opportunities & Incentives................................................................................37
PLANNING BACKGROUND............................................................................................41
7.1 MCAS Tustin Specific Plan/Reuse Plan................................................................ 41
7.2 Development Standards....................................................................................43
7.3 Entitlements..................................................................................................... 45
7.4 Redevelopment Project Area ............................................................................. 45
7.5 NEPNCEQA .....................................................................................................45
7.6 Other Special Environmental Requirements ........................................................ 46
7.6.1 Wetlands ..............................................................................................46
7.6.2 Regional Water Quality .......................................................................... 46
Public Safety ....................................................................................................46
Infrastructure and Utilities ................................................................................ 47
Site Access, Transportation and Circulation .............................."........................ 49
Demolition and Site Preparation/Management.................................................... 54
Applicable Development ..Fees.......................................................................... 55
7.7
7.8
7.9
7.10
7.11
Hangar 29 Complex REI/RFP
January 3, 2005
Page 4
8.0
9.0
10.0
RESPONDENT RESPONSIBILmES..................................................................................55
SUBMISSION INFORMATION AND CONTENT FOR REI/RFP RESPONSE ..........................,58
9.1 REI (Phase I) Submittal Information and Contents .............................................60
9.2 Phase I (REI) Submittal Instructions and Deadline.............................................. 65
9.3 Phase I (REI) Evaluation Criteria .......................................................................65
PHASE II (RFP) PROCESS ............................................................................................66
10.1 Introduction .....................................................................................................66
10.2 Phase II (RFP) Submittal Information and Contents............................................ 67
10.3 Phase II (RFP) Evaluation Criteria...................................................................... 75
lOA Ranking of Phase II (RFP) Respondents and Selection ........................................ 76
10.5 Exclusive Negotiation Agreement (ENA) .............................................................77
10.6 Questions Regarding Proposal and Process ........................................................ 77
TERMS AND CONDmONS OF REI/RFP......................................................................... 78
11.0
APPENDICES
1. Memorandum of Agreement Among the Department of the Navy, the California State
Historic Preservation Officer, and the Advisory Council on Historic Preservation for the
Disposal and Reuse of Marine Corps Air Station Tustin (December 1999) ............................. 81
2. Economic Development Conveyance Deed and Lease in Furtherance of Conveyance Map ..... 100
3. MCAS Tustin Specific Plan Figure 3-1 ........................,..,.....................................................102
4. MCAS Tustin Specific Plan Table 3-1 ..................................................................................104
5. Reuse Plan Requirement for Planning Area 8......................................................................109
6. Cover Letter .....................................................................................................................125
7. Financial Disclosure Statement ..........................................................................................128
8. Status Update Form ..........................................................................................................131
9. Respondent's Certification and Acknowledgement of Respondent Responsibilities................. 133
10. Protest Procedures..................................................................................,.."..".................135
LIST OF EXHIBITS
1. Hangar Parcel Exhibit
2. Southern California Map
3. Tustin Legacy map
4. Local Setting Map
5. Land Use Map
6. Map of Area Transit and Circulation
Hangar 29 Complex REI/RFP
January 3, 2005
Page 5
Additional Information:
All building and utility plans are owned by the City of Tustin. Anyone interested in acquiring
copies of the plans must arrange in advance and pay for this service by contacting Mr. Tony
Sanchez., the City's caretaker manager" at 714-719-6033. The following documents are
available for review at the City of Tustin or copies may be purchased from the City of Tustin or
oes Reprographics [17721 Mitchell North, Irvine, CA 92614 (949) 660-1150 or go to
www.ocbínc.coml
Historic Resources Survey (October 1993)
Historic Blimp Hangar Analysis (September 1994)
Community Facilities & Infrastructure Report (July 1995)
IRWD Sub Area Master Plan for MCAF Tustin (December 1999)
Condition Assessment & Economic Analysis for Reuse of the Historic Blimp Hangars (July
1998)
Report of Lead-Based Paint Testing, MCAS Tustin Buildings 28 and 29 (May 1997)
Report of Limited Asbestos Survey, MCAS Tustin Buildings 28 and 29 (May 1997)
Report of Geotechnical and Foundation and Materials Investigation Hangars 28 and 29
(November 1997)
Structural Evaluation and Report Building 28 and Building 29 (November 1997) - Vol. 1
and Vol. 2
Historic American Building Survey for the Marine Corps Air Station, Tustin Lighter-Than-
Air Ship Hangars (HABS No. CA-2707 (January 2000)
Reuse Assessment - Blimp Hangar 2 (Building 29) (September 2001)
Joint Final ElS/ElR for the Disposal and Reuse of MCAS Tustin (December 1999) (in 3
volumes)
Tustin General Plan
MCAS Tustin Specific Plan (February 3, 2003)
Finding of Suitability to Lease for Carve-Out Areas 5,6,7,8,9,10 and 11 MCAS Tustin
(April 2002)
Toxic Mold Survey for Hangar 29 Complex (July 2004)
Administrative Record for Navy Remediation Documents (held at UC Irvine, Government
Document Collection).
Lease in Furtherance of Conveyance Between the United States of America and City of
Tustin (May 13, 2002)
Final Record of Decision/Remedial Action Plan, Operable Unit 18, IRP-3 - Paint Stripper
Disposal Area, IRP-12 - Drum Storage Area No.2, Former Marine Corps Air Station
Tustin, California (Oct 2004)
City of Tustin Transportation Demand Ordinance 1062 (April 1991)
City of Tustin Water Quality Control Ordinance 1275 (November 2003)
This REl/RFP document is available in Adobe PDF format and can be downloaded from the
City's Tustin Legacy website at www.tustiniegacy.com. This website also will be the location for
updated information on the REl/RFP process, including details on the date and location of the
mandatory Pre-Submittal Briefing.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 6
1.0. EXECUTIVE SUMMARY
The City of Tustin in cooperation with Centex/Shea the proposed Master Developer for an
approximate 700 acre portion of the former Marine Corps Air Station (MCAS), Tustin (now
referred to as the Tustin Legacy project) is seeking submittal of a formal expression of interest
from highly qualified and well-financed companies and/or respondents with the experience and
capability necessary to acquire an approximate 15 acre site and implement an economically
viable reuse concept for the "Hangar 29 Complex" (Buildings 29 and 29A) at Tustin Legacy (the
former Marine Corps Air Station (MCAS) Tustin).
Building 29 is a 62-year old, 170-foot tall, 298,133 square foot former blimp hangar; building
29A is a 62 year-old, 941 square foot former support building. Buildings 29 and 29A were
determined eligible for inclusion in the National Register of Historic Places as a result of the City
of Tustin and Department of Navy's joint efforts in closing, planning and disposing of the former
MCAS Tustin. At the conclusion of these efforts, the City of Tustin and Department of Navy
approved the MCAS Tustin Reuse Plan/Specific Plan and Final Joint Environmental Impact
StatementfEnvironmentalImpact Report (FElS/ElR) for the Disposal and Reuse of MCAS Tustin.
Preservation and reuse of the Hangar 29 Complex is dependent upon an economically viable
adaptive use being identified. Proposals submitted in response to this advertisement must be
consistent with the City of Tustin's adopted zoning for the Hangar Complex site (MCAS Tustin
Specific Plan "Community Core") which permits a variety of light industrial, office and residential
uses. Proposals must also not unduly conflict with the proposed redevelopment of the Hangar
28 Complex (Urban Regional Park-Commercial Recreational Use) currently being undertaken by
the County of Orange. Proposals must also be consistent with the Secretary of Interior's
Standards for the Treatment of Historic Properties (36 CFR part 68). In addition, the selected
respondent is required to pay for a "fair share" of base-wide backbone infrastructure costs, and
acquire the land from the City of Tustin at its current fair market value. The City will not expend
local tax dollars for the preservation or any adaptive reuse of the Hangar 29 Complex.
To determine whether there is an economically viable adaptive use for the Hangar 29 Complex,
the City has developed a Marketing Plan that may involve a two-step process. The first step
(Phase I) involves a marketing solicitation for interested parties to submit an Expression of
Interest (REI) in a format consistent with the provisions of the Marketing Plan. Responses to
the REI are due not later than 4:00 p.m. on March 17, 2005. At the conclusion of Phase
I, it may be determined that no economically viable reuse proposal has been presented.
In the event that submittals during the REI process respond favorably to evaluation criteria
established for the Phase I REI process, a short list of qualified respondents will be invited to
participate in a Phase II process and would be requested to submit a proposal in accordance
with requirements for a Request for Proposal (RFP). Any potential RFP submittal date is still to
be determined. Submittals of REI's during Phase I and RFP's, if a Phase II process is necessary,
will be graded and ranked by an Evaluation Subcommittee established by the City of Tustin
based on evaluation criteria established for each submittal phase including but not limited to a
proposed project being an economically viable reuse for the complex.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 7
The REI/RFP document provides general background information concerning the former MCAS
Tustin, the Hangar 29 Complex, identifies Phase I and 2 submittal requirements and respondent
selection criteria. After the evaluation and ranking of REI (Phase I) and RFP (Phase II)
submittals (in the event the City proceeds to Phase II), the City will submit a report to the
Department of Navy, State Historic Preservation Officer and Advisory Council for their review
and comment.
Optimally, the Request for Expressions of Interest/Request for Proposal (REI/RFP) process is
intended to identify a respondent with whom the City will enter into exclusive negotiations for
the conveyance (lease with subsequent deed transfer) of the Hangar 29 Complex. However, if
the City's marketing efforts do not result in the submission of an economically viable adaptive
reuse proposal consistent with the MCAS Tustin Specific Plan and other evaluation criteria for
the Phase I or Phase II process (in the event that a Phase II process is necessary), all further
efforts associated with the REI/RFP process will be terminated and the City will pursue
implementation of the mitigation required of the MOA and disposal of the Hangar 29 Complex
through other conveyance methods.
2.0. INTRODUCTION
This REI seeks a formal expression of interest from highly qualified and well-financed
respondents interested in acquiring a 62-year old, historic complex of buildings located within
the "Tustin Legacy". Based on evaluation of submittals, qualified respondents may be asked to
submit a formal response to the Request for Proposal Phase II process.
The "Hangar 29 Complex" site is situated on 15 acres of property and includes two existing
historic buildings (Buildings 29 and 29A) that were constructed in 1942 to support United States
Navy anti-submarine blimp activities during World War II (Exhibit 1). Building 29 is one of two
existing historic blimp hangars that were operated at the former Marine Corps Air Station,
Tustin. The Hangar 28 Complex (Buildings 28 and 28A), is located to the northwest of the
Hangar 29 Complex and is part of an 84.5 acre Urban Regional Park. The County of Orange
previously issued REI's and RFP's for the Hangar 28 complex for ground leasing of the Complex
and is still in the process of determining whether there is an economically viable commercial
recreational reuse possible for the Hangar 28 Complex. A proposed use of the Hangar 28
Complex has not yet been determined by the County of Orange. However, the County of
Orange has advertised an REI/RFP for the Hangar 28 Complex that resulted in the interview of
two finalist developer/proponents, including a proposal for an "American Museum of Military
History" proposed by the United Veterans Organization of Orange County, Inc., and a 711,000
square foot commercial retail project titled "Play at Tustin Legacy" proposed by Industrial Realty
Group, LLc. The Veterans proposal would create a specialized historic-commercial theme park
utilizing Hangar 28 as a Military Museum and public/private assembly/convention area. The IRG
proposal would develop the site as a commercial/recreational retail mall with a 95,000 square
foot multiplex cinema, 51,000 square foot in entertainment anchors and surround the site in
"for-lease" ball fields and concession areas. Both proposals are currently inconsistent with the
adopted Reuse Plan/Specific Plan for MCAS Tustin.
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HANGAR PARCEL EXHIBIT I
CITY OF TUSTIN, RFQ
DECEMBER 6, 2004
LEGEND
29A BUILDING NUMBER
- II II - PROPERTY LINE
Hangar 29 Complex REI/RFP
January 3, 2005
Page 9
In July 1998, the Department of Navy prepared a study entitled Condition Assessment and
Economic Analysis for Reuse of the Historic Blimp Hangars, MCAF Tustin. According to this
document, Building 29 was built from Oregon Douglas Fir wood, is 183 feet high, 1,086 feet
long, and 297 feet wide, and contains an interior space totaling 241,110 square feet. Building
29A is a 941 square foot storage building located adjacent to Building 29. Other buildings
located within the Hangar 29 Complex include the following:
Building Military Purpose Date Square
No. Built Footaae
29 Blimp Hanaar 1942 241110
29A Storage 1942 941
40B Storace 1942 233
174 Weldina Shop 1967 1240
265 Haz/Flam Locker 1984 300
514 Storace 1986 1800
515 Storace 1986 1800
2.1 Memorandum of Agreement
This solicitation is being conducted under the terms of the Memorandum of Agreement (MOA)
executed in December 1999 between the Department of the Navy, California State Historic
Preservation Officer, the Advisory Council on Historic Preservation, City of Tustin and County of
Orange. A copy of the MOA is attached as Appendix 1. Prior to disposal of the buildings to the
City of Tustin, the Navy, the California State Historic Preservation Officer (SHPO), the federal
Advisory Council on Historic Preservation and the City of Tustin executed the MOA that
recognized that the structures were important historic resources but that their preservation was
dependent upon the identification of an economically viable adaptive reuse in a manner that
preserves its historic and architectural integrity, consistent with the MCAS Tustin Reuse
Plan/Specific Plan. As stated in the MOA, "the term 'economically viable adaptive use' means a
proposed use that maintains the historic and architectural integrity of the structure and that
generates sufficient income so as not to require the infusion of local tax dollars or local public
funds and provides for required 'fair share' infrastructure contributions and development costs,
including land acquisition at fair market value of the Hangar 29 Complex." Since the City of
Tustin does not propose to commit or expend local tax dollars for the preservation of the
Hangar 29 Complex, a substantive and comprehensive marketing effort must be pursued to
determine whether an interested party would be interested in acquiring/leasing and reusing the
site. The City is seeking a respondent with the experience, imagination and financial capability
to adaptively reuse the Hangar 29 Complex in a financially self-sufficient manner. Economically
feasible development proposals for the Hangar 29 Complex must be consistent with the vision
and constraints identified in the MCAS Tustin Specific Plan and FEIS/EIR.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 10
The challenge for any potential respondents to the Expression of Interest and any subsequent
Proposal process that might need to be pursued will be for the interested applicant to
adequately balance the Hangar 29 Complex' historic preservation and rehabilitation costs with
an economically viable adaptive reuse that is consistent with the MCAS Tustin Specific Plan and
which has a neutral or positive effect on City funds.
3.0 GENERAL BACKGROUND
3.1 Regional and Local Setting
ORANGE COUNTY
Orange County is situated
along forty-two miles of
Southern California
coastline between the Los
Angeles and San Diego
metropolitan areas (see'
Exhibit 2). Considered one
of the premier real estate
markets in the nation,
Orange County offers
world-renowned tourist
destinations such as
Disneyland and Knott's
Berry Farm, some of the
most popular beaches in
California, including
Laguna Beach and
Huntington Beach ("Surf
City"), nearly year-round sunny and mild weather, a resilient and diversified economy, and the
state's wealthiest resident population. Orange County is also at the center of an extensive
freeway network that connects the County's labor force to major economic and employment
centers throughout the five-county Los Angeles region. For example, the Ports of Long Beach
and Los Angeles, which together comprise the third largest container port in the world, are
located just 30 miles from central Orange County. Meanwhile, the John Wayne Airport provides
non-stop service to twenty-two cities, and connects nearly 8million passengers annually to
destinations throughout the world.
CITY OF TUSTIN
Nestled in central Orange County, the City of Tustin offers all the benefits of an Orange County
location as well as unparalleled access to destinations elsewhere in Southern California and
. Lao Angeles
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Hangar 29 Complex REI/RFP
January 3, 2005
Page 12
beyond. Tustin is located at the literal center of Orange County's impressive transportation
network, with Interstates 5, 405, State Route 55 and the Eastern Transportation Corridor (State
Routes 241 and 261) at its doorstep, and the John Wayne Airport less than 2 miles from its
southern border. Tustin offers a collection of diverse neighborhoods and districts, each with a
distinct character. The City's historic district, Old Town Tustin, including EI Camino Real and
Main Street, remains an important community gathering place. One of the most recent
residential developments in the City is Tustin Ranch, a master planned community of 2,257
acres that offers a broad array of housing and recreational opportunities for families and
individuals. Another important local development is the Marketplace, which stretches across
portions of Tustin and Irvine, and is home to more than 100 stores, services, and entertainment
venues. Tustin's existing neighborhoods have a unique and rich character contributing to the
overall identity and livability of the City.
A NEW DISTRICT
The Tustin Legacy property is located in the southeast portion of the City and is conveniently
located in relation to the major activity centers described above, as well as other City and
County landmarks. The Hangar 29 Complex site is located in the center of the Tustin Legacy
project (Exhibit 3).
Tustin Legacy is envisioned as a premier master planned district within the City of Tustin - a
mixed-use district that enhances the quality of life for Tustin residents and that demonstrates
the City's commitment to quality development, smart growth and sustainability. The district will
create a new center of activity within the City, providing an engaging place to live, work, learn
and play, a place that complements and supports adjacent neighborhoods and districts, and a
place that offers significant new resources to the broader region. At buildout, Tustin Legacy
could include up to 4,049 units of housing within Tustin's jurisdiction, and over nine million
square feet of commercial and institutional development. Within the 15-acres of this offering,
the potential respondent will have the opportunity to develop a broad range of uses as
permitted by the MCAS Tustin Specific Plan. Tustin Legacy will be easily accessible from the
surrounding community by an expanded roadway system, transit, including adjacency to a
regional commuter rail station, and by a comprehensive system of linking open spaces and
bicycle and pedestrian trails.
Tustin Legacy is also envisioned as a new urban district that will provide a strong southern
anchor to the community, and will complement existing activity centers. Within five miles of
the Hangar 29 Complex site are the Irvine Business Complex, a key office and business center,
the Irvine Spectrum, a major mixed use business center, South Coast Plaza, the County's
signature retail destination, and the University of California's Irvine campus, which is one of the
top ten public universities in the country.
Tustin Legacy will provide a range of new residential and commercial neighborhoods that will
enhance the City's residential choices while maintaining the high quality and strong retail
destination identity previously established in existing communities like Tustin Ranch. The
development will provide new retail venues that better serve the community and that support
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Hangar 29 Complex REI/RFP
January 3, 2005
Page 14
other commercial centers like the Tustin Marketplace. The development will also provide a
mixed-use employment center with attractive commercial and recreational amenities and a
stronger sense of community identity.
Given its central location within Tustin Legacy, it is extremely important that it be determined
whether an economically viable reuse can be found for the Hangar 29 Complex. If an
economically viable reuse for the Hangar 29 Complex can be identified and implemented, the
project will be part of an integrated part of a compact and walkable mixed-use district with a
distinctive sense of place that builds on the major features of the site, and that is synergistically
linked with the adjacent disposition parcels.
3.2 Local Background
HISTORY
The area now known as
the City of Tustin was
originally established as a
real estate venture in
1868 by Columbus Tustin,
and was incorporated in
1927. Often referred to
as "The City of the
Trees," Tustin's early
history was steered by its
hospitable climate and the
extensive availability of
fertile land. Tustin
became an established
agricultural center during
the 1880s, dominated
initially by groves of
apricots and walnuts, and
later Valencia oranges.
During the mid-1950s, Tustin grew rapidly as freeways, quality schools, and post-war industries
attracted thousands of new residents. By 1970, the population had grown to 32,000 residents,
and a large portion of the City's land had been developed to meet demand for houses, schools
and shopping centers. Development of the Tustin Ranch master-planned community followed in
the late 1980s and 1990s, substantially increasing the City's population with the addition of
homes, and expanding the City's retail offering with the addition of the Marketplace, a major
shopping destination.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 15
GOVERNMENT
The City of Tustin has a council-manager form of government. The City Manager is appointed
by the City Council and has overall responsibility for the management of all City employees and
the administration of all City affairs. The City Council comprises five Council Members, each of
whom serves a four-year term. Two Council Members are elected annually by their colleagues
to serve as Mayor and Mayor Pro Tem for a one-year term. The City of Tustin is considered one
of California's prime business locations due to its unrivaled transportation access and the City
government's commitment to helping businesses of all sizes achieve greater success. The City
leadership has identified three goals for its future: 1) to remain financially secure; 2) to create
jobs; and 3) to improve the quality of life for all who live and work in Tustin by promoting a
healthy balance of safe neighborhoods, parks, community facilities, as well as strong
commercial and industrial areas.
3.3
Market Profile
REGIONAL CONTEXT
Tustin Legacy is centrally located in Orange County, less than a 45 minute drive to the County's
northern and southern borders. The Tustin Legacy site is centrally located being one of the
largest remaining undeveloped infill sites in Central Orange County.
The five county Southern California region is one of nation's largest residential and commercial
development concentrations. In total, 335 million square feet of office, 1,590 million square
feet of industrial, 6.5 million housing units and 7.7 million jobs are located in Southern
California. Orange County contains 15% of the region's housing and industrial stock and 18%
of total employment, and 37% of Southern California's office product. As such, Orange County
is a net importer of jobs. The primary exporter of jobs to Orange County has been Riverside
County, because of moderately priced housing. The migration of middle income households to
Riverside County is likely to continue given the housing prices and the nature of the Orange
County market.
Orange County possesses 125 million square feet of office space, 246 million square feet of
industrial space, 990,000 housing units and 1.43 million jobs. Within the context of Orange
County, Tustin Legacy is located in the Airport Market Area ("Market Area"), generally consisting
of the cities of Tustin, Irvine, Newport Beach, Costa Mesa, Fountain Valley, and Santa Ana. The
Market Area is the office core of Orange County, with the greatest concentration of service
sector employment. While the market area contains 28% of the County's housing stock and
29% of the industrial stock, it includes a proportionately higher office stock of 43%. Much like
Orange County, the Market Area is a net importer of office using employment, and possesses
the highest home prices in Orange County. Similar to the County as a whole, the Market Area
is in need of more moderately priced housing, in line with the overall employment base.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 16
DEMOGRAPHIC AND SOCIO-ECONOMIC TRENDS
Orange County is increasingly becoming constrained by the availability of readily developable
land. While demand for housing in the County is high, the availability of developable, entitled
land to meet that demand has fallen short of demand. Demographic and economic projections
for future County growth reflect the land supply constraints. Orange County Projections 2000
("OCP'Î, a land use and demographic study of County growth trends issued by Cal State
Fullerton, projects 28,000 persons, 25,000 jobs and 8,000 housing units will be added to the
County each year over the next twenty years.
The OCP 2000 study projected that the Airport Market Area will capture 25% of population,
33% of employment and 20% of housing unit growth within Orange County over the next
twenty years. The projected capture rates are slightly below the Market Area's current share of
existing population, employment and housing stock in the County. The lower forecasted
capture rates are the result of a dwindling number of development opportunities in the Market
Area. Tustin Legacy is anticipated to capture a significant share of the projected Market Area
growth.
A Market Study conducted by The Concord Group in March 2004 for the City of Tustin and
Tustin Legacy Community Partners (TLCP) indicated the following:
Residential Demand Analysis
Demand for new for-sale homes in Orange County is strong and is expected to remain
strong over the long term. With favorable projected employment growth of 25,000 annual
new jobs over the next fifteen years, Orange County new home sales will not be limited by
demand, but rather by the ability to deliver a plentiful and full array of segmented product
(densities, price points and rent levels). Orange County has a need for both for-sale
housing and rental apartment product. Based on a forecasted effective growth of 8,000
housing units per year, the current breakdown of homeowners (61%) to renters (39%)
translates to a need for 4,900 for-sale units and 3,100 rental units per year. However,
based on potential housing need, Orange County could support the development of 16,000
housing units per year, based upon the historical national equilibrium of 1.6 jobs per
housing unit.
Especially strong demand persists for homes priced under $500,000, as well as for more
typical new home values from $500,000 to over $1.0 million. Key to the absorption of any
large scale residential project will be the ability to capture the strong potential demand in
broad price ranges, meeting a variety of market segment needs. Overall, a strong market
opportunity exists for a well segmented array of housing product at the Tustin Legacy.
Office/Business Park Demand Analysis
Office and industrial business park demand is directly related to employment growth in key
job sectors. Office growth is most closely tied to employment in professional services,
Hangar 29 Complex REI/RFP
January 3, 2005
Page 17
including finance, insurance and real estate. During the last business cycle, employment
growth in professional services accounted for a third of total Orange County employment.
Typically, 90% of employment growth in this category requires office space. With a typical
requirement of 250 square feet of office space per employee, there is an annual demand for
3.2 million square feet of office space in Orange County.
Industrial space demand is tied to a greater variety of industries, and is more closely related
to employment growth in the manufacturing, transportation, public utilities, construction,
wholesale trade and services industries. During the last business cycle, key industrial using
industries accounted for 60% of total employment growth. With a typical requirement of
1,500 square feet of industrial space per employee, there is annual demand for 6.2 million
square feet over the next fifteen years. Business park space, which typically offers a small
mix of office in an industrial setting, is more closely tied to research and development and
service employment growth. As such, business park space accounts for 43% of total
industrial growth, translating to an annual demand of 2.7 million square feet of business
park space over the next fifteen years. Overall, Orange County employment driven demand
trends support the opportunity for development of office and business park products at the
Tustin Legacy.
Retail Demand Analysis
Retail demand is directly linked to household and employment generation within a market
area. Retail is further subdivided into demand for regional, community and neighborhood
retail centers. Current stock of retail in the Market Area consists of 50% regional, 30%
community and 20% neighborhood serving space. Regional centers are large, typically
greater than 300,000 square feet in size, much like the neighboring Tustin Marketplace.
Community centers are smaller, typically anchored by a grocery, and range in size from
100,000 to 250,000 square feet. Neighborhood centers are small, generally older, in-line
locations, ranging in size from 10,000 to 75,000 square feet. Within the Tustin/Irvine trade
area, nearly 300,000 square feet of retail space has been absorbed annually over the past
twenty years. Based solely upon internal population and employment growth projected to
be generated by the Tustin Legacy (including demand generated by new households added
in the Lennar, William Lyon and John Laing housing projects), there is demand for
approximately 750,000 square feet of retail space upon build-out.
During the past ten years, taxable retail sales have grown on average 8% annually in
Orange County. The Tustin and Irvine marketplace has been able to capture 12% of total
County growth during the past three years, up from a capture of less than 7% in 1980 and
10% in 1990.
Residential Supply Trends
Building permit issuances provide a good indication on the overall health of a housing
market. Over the past ten years, there has been an average of 11,000 residential building
permit issuances annually. Multi-family housing units have accounted for 35% of total
Hangar 29 Complex REI/RFP
January 3, 2005
Page 18
County issuances. However, over that last ten years, the trend to multi-family housing has
increased, from 27% to 42% of total issuances from 1997 to 2003. The trend towards
multi-family housing, as well as smaller lot single family housing product, is a response to
the dwindling supply of entitled, developable land in Orange County.
In 2002, Orange County delivered 4,400 new for-sale housing units and new home sales
accounted for only 9% of total home sales. New home sales during the late 1990s and
early 2000s have been far off the peak established in the late 1980s. In 1988, there were
over 12,000 new home sales, compared to an average of 6,000 home sales between 1992
and 2002.
The Market Area provides a significant portion of Orange County new housing stock. During
the past five years, the Market Area has averaged 35% of total Orange County building
permit issuances. The majority of new for-sale housing stock is in Irvine, where new
housing product is primarily being delivered in two master planned communities - Quail Hill
and Turtle Ridge.
In the next few years, the primary local competition for residential development within the
Market Area will come from the reuse of MCAS EI Toro ("Heritage Fields") and from existing
developable land at the eastern portion of the Irvine Ranch.
Office Supply Trends
Annual office deliveries have averaged 3 million square feet during the past two economic
cycles, spanning the early 1980s to early 2000s. Over the past five years, the Market Area
has captured 38% of total Orange County office deliveries, approximately 1.1 million square
feet per year.
Retail Supply Trends
Orange County has an inventory of nearly 75 million square feet of retail space, 40 million of
which is in community and neighborhood retail centers. Over the past ten years, an
average of nearly 800,000 square feet of retail space has been added annually to Orange
County. Countywide retail vacancy is currently at 4.3%, consistent with 2001 and 2002
levels.
Since 1980, the Tustin and Irvine market has averaged an absorption of nearly 300,000
square feet of retail space annually. The current primary competition for regional retail
centers is the Tustin Marketplace, one mile to the north, and the Irvine Spectrum,
approximately five miles to the southwest. The Tustin Marketplace and Irvine Spectrum
total nearly 3 million square feet of regional retail space.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 19
The City recently entitled a 1 million square foot retail project at Tustin Legacy identified as
The District at Tustin Legacy': The central lifestyle component of the project will contain
over 250,000 square feet anchored by a state-of-the-art 14 screen movie theater megaplex,
restaurants, regional power retail uses. The first phase of the project is anticipated to open
by April 2006.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 20
4. THE HANGAR 29 COMPLEX SITE
4.1 Regional and Local Setting
The Hangar 29 Complex is located within the southerly portion of the City of Tustin, the third
oldest city in Orange County (Exhibit 4). The Hangar 29 Complex site is also located in the
heart of one of central Orange County's most dynamic business environments and is
approximately 40 miles southeast of downtown Los Angeles. The site is bounded by four
freeways: the Costa Mesa (SR-55), Santa Ana (1-5), Laguna (SR-133) and San Diego (1-405).
Tustin Legacy is also served by the west leg of the Eastern Transportation Corridor (SR 261).
The major roadways bordering the site include Red Hill Avenue on the west, Edinger Avenue
and Irvine Center Drive on the north, Harvard Avenue on the east, and Barranca Parkway on
the south. Jamboree Road transects the site. John Wayne Airport is located approximately
three miles to the south and a Metrolink Commuter Rail Station is located immediately to the
north providing daily passenger service to employment centers in Orange, Los Angeles,
Riverside, and San Diego counties. Tustin Legacy is virtually an undeveloped "island" in a
highly urbanized location. The visibility of the Hangar Complex, its location and character offer
the successful REI /RFP respondent a unique opportunity to contribute to the evolving character
of Tustin Legacy. The Hangar 29 Complex site is an approximately 15-acre parcel located
within a portion of Planning Area 8. A successful respondent will also have the opportunity to
coordinate with major respondents selected by the City who will be developing the
surrounding Tustin Legacy property, including Tustin Legacy Community Partners (a team made
up of Centex Homes, Shea Properties, and Shea Homes who are the selected Master Developer
for 700+ acres adjoining the Hangar 29 Complex site including the remainder of Planning Area
8, and all of Planning Area 13 and Planning Area 15 to ensure that an interconnected, unique
and creative synergy occurs between the planned developments at this location (Appendix 3)
Nearby attractions, institutions and activity centers within a two- to ten-mile distance of the
Hangar 29 Complex include:
. The Marketplace (Tustin and Irvine) retail and entertainment centers.
Irvine Spectrum - entertainment Center, mixed-use office, and high-tech R&D in Irvine.
The Block at Orange - retail and entertainment center in Orange.
Main Place - retail mall in Santa Ana
Disneyland and California Adventure in Anaheim
South Coast Plaza - retail mall, office, hotel, performing arts in Costa Mesa
Fashion Island - office, retail, hotel in Newport Beach
University of California, Irvine
. The Arrowhead Pond, Anaheim
Angel Stadium, Anaheim
Orange County beaches
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January 3, 2005
Page 23
facilities that, when combined with the Hangar 29 and Hangar 28 (the County hangar were
determined eligible for inclusion in the National Register as a discontiguous district. The eligible
elements included Buildings 28 A and 29A and mooring mats 1, 2, 3, 4 and 5 and the roads that
connect these elements with Hangars 28 and 29, The Navy, SHPO, Advisory Council on Historic
Preservation, and City of Tustin have executed a Memorandum of Agreement (MOA) that
recognized that reuse and redevelopment at Tustin Legacy necessitates the demolition of all
structures and facilities, and elimination of the discontiguous district, other than Hangar 29 and
29A (the Hangar 29 Complex), However, the MOA also agreed that continued preservation of
the Hangar 29 Complex and Hangar 28 Complex were as dependent upon the identification of
an economically viable adaptive reuse in a manner that preserves their historic and architectural
integrity, consistent with the MCAS Tustin Specific Plan/Reuse Plan, The City of Tustin is
responsible for the solicitation process for the Hangar 29 Complex and the County of Orange is
responsible for the Hangar 29 Complex,
The MOA states; "the term 'economically viable adaptive use' means a proposed use that
maintains the historic and architectural integrity of the structure and that generates sufficient
income so as not to require the infusion of local tax dollars or local public funds and provides
for required 'fair share' infrastructure contributions and development costs, including land
acquisition at fair market value of the Hangar 29 Complex." Economically feasible development
proposals for the Hangar 29 Complex must also be consistent with the vision and constraints
identified in the MCAS Tustin Specific Plan and EISjEIR. If an economically viable proposal is
proposed and accepted by the City of Tustin, an Architectural Preservation Covenant will be
recorded on the property quitclaim deed by the Navy prior to conveyance, The Covenant is
intended to ensure that the historic buildings are preserved and maintained in accordance with
the Secretary of Interior's Standards for the Treatment of Historic Properties and Guidelines
(National Park Service) and is binding on the successful respondent, its successors and assigns
and shall run with the land. A copy of the proposed preservation covenant is attached as an
exhibit to the MOA.
4.4 Hangar Complex Construction and Utility Summary
All lumber used for the hangar is Oregon Douglas Fir. Because of the large amount of lumber,
and the associated potential for fire damage, all lumber was treated with metallic salts as a fire
Hangar 29 Complex REI/RFP
January 3, 2005
Page 24
retardant. Each structure has 51 parabolic heavy timber trusses forming a barrel-shaped roof
approximately 1,000 feet long, 170 feet high, and approximately 296 feet wide. At each end of
the hangars are a series of vertical flat-leaf, rolling doors, Each 120 foot high, 37-foot wide
door leaf rests on a rolling carriage set on rails, and operates by means of electric rnotors,
There are six door panels per opening. Each opening has a pair of reinforced concrete towers
approximately 145 feet high that support the overhead box beam, which serves to guide the
top of the door panels, and provides part of the roof enclosure. The door panels open at the
center, and stack three (3) deep at each concrete tower, The hangar floor consists of 5 inch
thick, un-reinforced concrete slabs, Each slab is approximately 400 square feet and was poured
in a checkerboard pattern, According to Marine Corps information provided to the City of Tustin,
the overall floor area is approximately 299,188 square feet. The foundations for the hangar
consist of approximately 1,600 Raymond piles. Each pile was constructed using steel shells filled
with un-reinforced concrete, Piles supporting trusses are designed for 30-ton capacity each,
and piles supporting the concrete towers are designed for 60-ton capacity each, The Hangar 29
piles are 48 feet deep, Groupings of piles support steel reinforced pile caps. In turn, the steel
reinforced concrete A-frames are attached to the pile caps, and transfer the load from the
trusses onto the pile caps.
The roof structure is
composed of 51 parabolic
heavy timber trusses
spaced 20 feet on center.
3" x 12" purlins are
attached to the top of
each truss at each panel
joint, and span 20 feet
perpendicular to the
trusses, 3" x 12" rafters at
6'-8" on center attach to
the top of the purlins,
running parallel to the
direction of the trusses,
The roof sheathing is 2" x
8" tongue and groove
nailed to the rafters with
two rows of framed
openings running the
length of each side of
each hangar creating long skylights, With the exception of the roof sheathing, all structural
members are bolted together, The original roofing was built-up membrane, The hangars were
re-roofed in 1957 using composition felt under corrugated aluminum panels, corrugated
fiberglass panels for the skylights, built-up roofing for the monitor at the top of the structure
with a polyurethane foam (PUF) covering, and standing seam sheet metal roofing at the warped
ends/box beams, Access to the roof is via stairs leading to catwalks near the top of the trusses.
There are trolley beams at each structure just in front of each catwalk, The trolley beams were
Hangar 29 Complex REI/RFP
January 3, 2005
Page 25
designed for rolling winches capable of lifting a maximum of 5,000 Ibs. along any point of the
1,000-foot length of travel.
Shops and offices were created at the area of the concrete frames along the base of the
structures, Wood frame/concrete walls between each truss are accentuated by rows of windows
for light/ventilation, Walls are covered with cement asbestos board, The box beams and hangar
end wall enclosures are also covered with asbestos cement board. Shops and offices were
provided with gas and electrical service, lighting, heating, a fire sprinkler system, and rest room
facilities. The electrical system is fed by direct buried underground cables leading to a series of
transformer vaults in the hangar, then distributed to various electrical panels. The structure is
provided with 480-volt electric service that is distributed into the various transformers and sub-
panels to provide 220 volt and 110-volt service for shops and offices. The original heating
system was a series of radiators served by steam and condensate lines. This steam system is
now abandoned in place, Currently, gas and electric heating units are suspended from ceiling
areas as needed in
various shops/offices,
Fire sprinklers are
installed serving the
shops/offices only, Large
water mains, with hose
connections, were
available along each side
of the base of the wood
trusses, Sprinkler risers
are located within office
spaces and were fed from
underground water mains.
Sprinklers are not
provided above the base
of the trusses, Gas lines
were also provided along
each side of each
building, atop the
office/shop areas serving
the heating needs of the facility and gas service as needed for shop areas, All existing utility
systems within Hangar 29 Complex were shut down and placed in moth ball status by the Navy
well prior to the 1999 closure of the facility, The condition and operational characteristics of
these systems are unknown,
Original Navy/Marine Corps backbone utility systems serving buildings at MCAS Tustin are no
longer functional and were discontinued within the Complex prior to the 1999 closure of the
former Marine Corps Air Station. These systems were largely conveyed by the Navy to the City
with the Navy's conveyance of a large portion of the former base property in May of 2002. It
was the City's intention that these former military systems would be replaced by new backbone
systems to be constructed in conjunction with development of Tustin Legacy. The City has
Hangar 29 Complex REI/RFP
January 3, 2005
Page 26
completed final design of Phase I infrastructure improvements which will include Valencia from
Red Hill Avenue to the West Connector, and Armstrong from Valencia south to Barranca
Parkway. Improvement Plans propose installation of water, sewer, storm drains, and backbone
utility systems such as electricity, gas, telephone and cable as well as master planned
roadways. As has been the case with other site development, if a respondent wishes to proceed
prior to completion of new infrastructure in the vicinity of the Hangar 29 Complex, a selected
respondent would be required to secure/install temporary utility service to support any interim
or permanent use of the Hangar 29 Complex,
The Hangar 29 Complex was constructed on federal property under federal regulations,
Consequently, local building permits or inspections were not required so no such records exist.
However, as-built building and infrastructure plans, engineering drawings and documents
related to the Hangar 29 Complex have been provided by the Navy to the City of Tustin and
may be viewed and/or copied at respondents sole cost by contacting the caretaker manager,
Mr, Tony Sanchez, at (714) 719-6033.
The Navy/Marine Corps
evaluated the condition
of the hangar structures
and a Final report was
issued in July 1998
( Condition Assessment
and Economic Anaiysis
for Reuse of the Historic
Biimp Hangars, MCAF
Tustin). The study
assessed some of the
anticipated implications
of future ownership by
outlining hangar
maintenance
requirements and the
range of local building
and fire code upgrades
that may be necessary
depending on a limited
range of reuse assumptions. Some of the reuse scenarios evaluated in the Report are not
consistent with the reuse approved for the Hangar 29 Complex, and the report did not consider
costs associated with property tax, assessment districts and federal income tax, In addition,
the selected Respondent of the Hangar 29 Complex will be responsible for a fair share
contribution toward the cost of designing and constructing a new backbone infrastructure to
support redevelopment and job creation at Tustin Legacy. The Navy report concluded that
reuse development costs (rehabilitation and tenant improvement) for the hangar ranged
between $15 million and $45 million with an additional operation and maintenance cost
estimated at between $150,000 and $900,000 annually. The County commissioned a follow-up
Hangar 29 Complex REI/RFP
January 3, 2005
Page 27
study issued in September 2001 (MCAS Tustin Blimp Hangar 1 - Buiiding 28 - Reuse
Assessment, prepared by JHTM & Associates). This assessment incorporated the findings of
other past reports and identified a number of building issues and costs related to the Hangar 28
Complex, This report might be also helpful to any respondent on the Hangar 29 Complex. A
further compilation of previous studies was prepared for the County of Orange in October 2002
as part of a report on the economic feasibility of a military museum and cultural center in
Hangar 28 by LORD Cultural Resources Planning and Management (Economic Feasibiiity Study,
Phase One: Draft Final Reporf). Respondents are urged to review these documents as a basis
for their own independent anaiysis of rehabilitation and maintenance costs,
4.5 Disposition/Use of Properties in Vicinity of Hangar 29 Complex Site
The following is the current status and development potential of sites in the vicinity of the
Hangar 29 Complex at Tustin Legacy (see Exhibits 3 and 5 and Appendices 3 and 4):
CITY DISPOSITION
An Economic Development Conveyance (EDC) for the former MCAS Tustin was approved on
May 13, 2002 with the execution of an Agreement between the United States of America and
the City of Tustin (the "EDC Agreement").The EDC Agreement provided for the conveyance of
approximately 1,153 acres
of property to the City of
Tustin, Of the 1,153
acres to be conveyed to
the City under the EDC
Agreement, approximately
1,000 acres have been
deeded to the City of
Tustin, while
approximately 152.4 acres
are leased by the Navy to
Tustin through a Lease in
Furtherance of
Conveyance (LIFOC)
pending completion of a
Finding of Suitability to
Transfer (FOST) and
approval by state and
federal environmental regulators. The Department of the Navy also conveyed to the City all
electrical, gas, telephone, cable systems, water, sewer, and storm drain systems under
ownership by the federal government by a separate Bill of Sale.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 28
Since receipt of the property, and in support of the approved Reuse Plan for MCAS Tustin, the
City has pursued the transfer of a number of sites to private development interests summarized
as follows:
. The City of Tustin and Tustin Legacy Community Partners, LLC (a partnership consisting
of Shea Properties, Shea Homes and Centex Homes) are currently negotiating the
transfer and master-planned development of a 700+ acre site in proximity to the Hangar
29 Complex including the remainder of Planning Area 8, Planning Area 13 and Planning
Area 15.
. To the southeast of the Hangar 29 Complex, the City approved a Disposition and
Development Agreement with Vestar/Kimco, loP. for development of a major commercial
retail project at Tustin Legacy, The project involves construction of a high quality, Class
'A" commercial retail project which will contain both 'big box" and "lifestyle' components,
consisting of 1,006,100 square feet of floor area and an accompanying set of high
quality amenities, which is intended to function as the centerpiece and leading
retail/entertainment element of the Tustin Legacy project.
. The City conveyed 25,3 acres to WL Homes (John Laing Homes) for development of 376
homes of which 78 will be affordable units. Construction is underway.
. The City conveyed an approximate 37 acre site to WL Homes (John Laing Homes) for
development of 189 unites of low density detached single family units, of which 41 will
be affordable units.
NAVY/GSA DISPOSAL PROPERTIES
The Department of the Navy, via GSA, recently sold the 238 acres of property excluded from
the Economic Development Conveyance through a public bid sale. Approximately 171 acres of
the property bid are located within the City of Tustin. The successful bidder for the GSA
disposition parcels was a partnership of Lennar Communities and William Lyons Homes. The
Specific Plan authorizes up to 1,379 low- and medium-density residential units on these
properties. The GSA disposition parcels are located along the eastern edge of the former MCAS
property, and in the northwesterly corner, Two of these parcels are located within the City of
Tustin, while the third parcel is located in the City of Irvine. The developer has demolished all
of the existing military family housing units in anticipation of their proposed development at the
site. Applications for entitlement of residential projects on each site are currently under review
by the City of Tustin and Irvine,
PUBLIC USES
About 240 acres of land along the west side of the former base, fronting on Red Hill Avenue
have been designated in the MCAS Tustin Specific Plan for institutional and recreational uses,
The following summarizes current activities on these public uses.
. The City conveyed approximately 37.6 acres and subleased approximately 30.7 acres of
property to the South Orange County Community College District (SOCCCD). The
Hangar 29 Complex REIjRFP
January 3, 2005
Page 29
SOCCCD is currently pursuing the development of an Advanced Technology and
Education Park (ATEP)
The City conveyed 15 acres of property to the Rancho Santiago Community College
District (RSCCD). The RSCCD is currently pursuing the development of an educational
campus intends to support police science educational opportunities to County Sheriff
and other law enforcement professionals.
. The City of Tustin leased to the Orange County Rescue Mission two newer Marine Corps
barracks buildings and the underlying 5.1 acre site for a transitional housing facility.
The Village of Hope will include 128 dorm rooms, a child development center,
playground, parent education center, vocational training classrooms, health care facility,
donation warehouse and support offices, a cafeteria and vegetable gardens. When
completed, the Village of Hope will serve as a national model, demonstrating how to
successfully redevelop closed U.S. military bases to help the homeless.
The City has entered into a Lease in Furtherance of Conveyance (LIFOC) with the
Department of the Navy for a 24 acre community park site.
The Department of Navy is working to convey three parcels to the County of Orange for
future reuse as an 84.S-acre Urban Regional Park (containing the historic Blimp Hangar
28 Complex), a 10-acre Sheriff's Training Facility, and a 4-acre Abused Children's
Shelter. The present status of the conveyance is currently unknown.
. The Department of Navy has conveyed a 10-acre site to the Tustin Unified School
District and another 10-acre site to the Irvine Unified School District for educational
reuse.
The Department of Navy has conveyed an 8-acre site to the City of Irvine for
neighborhood park reuse.
. The Department of Navy and City of Tustin are currently discussing the possibility of
conveying to the City several regional drainage channels located within Tustin Legacy.
5.0 CITY OBJECTIVES
5.1 Planning and Community Objectives
Development plans will be required to conform to the program of uses and development
envelopes entitled in the Specific Plan and FEISjEIR. The City of Tustin identified the following
additional objectives to guide the planning of all development at Tustin Legacy, including the
Hangar 29 Complex.
ESTABLISH A NEW CENTER OF ACTIVITY IN THE CITY AND REGION
The City wishes to create a premier master planned community - a mixed-use district that
enhances the quality of life for Tustin residents and that demonstrates the City's commitment to
quality development, smart growth and sustainability. The district will create a new center of
activity within the City, providing an engaging place to live, work, learn and play, and a place
that complements and supports adjacent neighborhoods and districts, and offers significant new
resources to the broader region.
Hangar 29 Complex REIjRFP
January 3, 2005
Page 30
CREATE A UNIQUE SENSE OF PLACE
Tustin Legacy will have a unique identity and sense of place that clearly distinguishes it in the
community and the region. Its compact and walkable pattern of development, its inter-related
system of open spaces, its vibrant mixed-use core, its active people-oriented streets, and its
high standard of development will make it a model community of the twenty-first century.
Livable and sociable neighborhoods, attractively landscaped open spaces with recreational
amenities, and an engaging and vibrant Community Core will all contribute to this unique
identity.
ESTABLISH A COMPLEMENTARY RELATIONSHIPTO THE SURROUNDING COMMUNITY
While the redevelopment of 1,600 acres of land within a community that is substantially built
out offers exciting opportunities, it also presents critical challenges. The City wants to ensure
that development of Tustin Legacy does not undermine the quality of life in the existing
community, that it is a "self-mitigating" plan that resolves all of its potential impacts including
traffic and transportation, environmental quality, and recreational, educational and public
facilities. The FEISjEIR and the entitlements are aimed at achieving this goal.
CREATE LIVABLE COMMUNITIES
The City of Tustin wishes to create a community where uses meet the daily needs of residents
and are located within walking distance of one another. To further this objective, the City has
identified a set of general planning guidelines based on the "Ahwahnee Principles Toward More
Livable Communities" to aide land use decision making. The Ahwahnee Principles, as they have
been modified to apply in Tustin, include the following:
1. All planning should be in the form of complete and integrated communities containing
housing, shops, work places, schools, parks and civic facilities essential to the daily life of
the residents.
2. Community size should be designed so that housing, jobs, daily needs and other activities
are within easy access of each other.
3. As many activities as possible should be located within easy walking distance of transit
stops.
4. A community should contain a diversity of housing types to enable citizens from a wide
range of economic levels and age groups to live within its boundaries.
S. Businesses within the community should provide a range of job types for the community's
residents.
6. The location and character of the community should be consistent with a larger transit
network.
7. The community should have a center focus that combines commercial, public, cultural and
recreational uses.
Hangar 29 Complex REIjRFP
January 3, 2005
Page 31
8. The community should contain an ample supply of specialized open space in the form of
squares, greens and parks whose frequent use is encouraged through placement and
design.
9. Public spaces should be designed to encourage the attention and presence of people at all
hours of the day and night.
10. Each community or cluster of communities should have a well-defined edge.
11. Local streets, pedestrian paths and bike paths should contribute to a system of fully-
connected and interesting routes to all destinations. Their design should encourage
pedestrian and bicycle use by being small and spatially defined by buildings, trees and
lighting; and by discouraging high speed traffic.
12. The community design should help conserve resources and minimize waste.
13. Communities should provide for the efficient use of water through the use of natural
drainage, drought tolerant landscaping and recycling.
14. The street orientation, the placement of buildings and the use of shading should contribute
to the energy efficiency of the community.
5.2 Urban Design Objectives
The City seeks to create an exciting new district that contributes to the quality of life and
economic vitality of Tustin and Orange County. The district is envisioned not simply as an
extension of the surrounding land uses, but as a vibrant and complementary activity center that
gains its identity through an engaging and interconnected pattern of development. In addition
to the urban design guidelines articulated in Section 2.17 of the Specific Plan, seven principles
will guide the urban design of Tustin Legacy:
SOCIABLE NEIGHBORHOODS
The neighborhoods of Tustin Legacy will be engaging and public-spirited communities with a
strong sense of identity and with a wide range of housing types that support a diverse resident
population and an active and engaging community life. Residential communities will be
organized with pedestrian friendly streets and local-serving parks, and with schools and
neighborhood commercial amenities nearby that encourage social interaction and a strong
sense of belonging (for example, Tustin Legacy will not be a gated community). Housing will be
designed to meet the most current market demands and consumer tastes, but at the same time
to reinforce a traditional sense of neighborhood and community.
Hangar 29 Complex REIjRFP
January 3, 2005
Page 32
INTEGRATION WITH PUBLIC USES
New institutions and open spaces that have been or will be conveyed to the City's public sector
partners are an integral part of Tustin Legacy, providing educational, open space and
recreational facilities that extend and enrich the fabric of community life. The pattern of these
public facilities should be coordinated with the County's planned Urban Regional Park, with the
two Community College Districts' campuses and with the location of the high school and
proposed elementary schools.
A MIXED USE CORE
The Hangar 29 Complex site is part of the Community Core which provides the flexibility for a
broad array of commercial uses. It will be a vibrant mixed use activity center for all of Tustin
Legacy, and a natural gathering place for existing and future residents as well as employees.
The Core is envisioned as a pedestrian-friendly precinct with bustling streets, plazas and
promenades, kept lively throughout the day and evening by the diversity of activities and the
many employees, residents and visitors who may populate the area.
INTERCONNECTED OPEN SPACES
Parks, promenades, parkways, plazas, and paseos will provide a rich and interconnected system
of public open spaces linking the various neighborhoods of Tustin Legacy, and providing an
important recreational and visual amenity to the district. The open space system will be
designed to give structure and orientation to the community and its neighborhoods and
districts, providing visual relief and greenery, pedestrian and bicycle connections, and vibrant
places to gather and meet.
LIVELY MULTI-MODAL STREETS
In addition to meeting vehicular mobility needs, the streets are envisioned as active people-
oriented places, which provide linkages between districts, extend the greenery of the open
space network, and support pedestrian, bicycle and transit movement. The hierarchy of
boulevards, arterials and streets will be designed to give structure and orientation to the
development, to convey the welcoming character of the community, and to bring energy and
life to the urban experience.
HUMAN SCALE
Buildings within Tustin Legacy will be designed to give life and definition to the public realm of
streets and open spaces, to promote a friendly and comfortable pedestrian environment, and to
reinforce the community's distinctive identity and sense of place. Individual identity will be
strongly encouraged to promote diversity and delight, within the framework of a coordinated
and cohesive urban pattern. Tustin Legacy will also promote green building practices that
reduce depletion of nonrenewable resources, conserve energy, and support alternative forms of
transportation.
SUSTAINABLE DESIGN
The design of Tustin Legacy must endeavor to meet the needs of the present without
compromising the ability of future generations to meet their own needs. This can be
accomplished by minimizing resource degradation and unnecessary consumption of resources.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 33
6.0 DEVELOPMENT CONSIDERATIONS
6.1 Site Ownership and Property Status
As noted earlier, the United States Navy has agreed to convey 1,lS3acres to the City of Tustin
under the EDC Agreement. As part of the EDC Agreement, the Navy has deeded approximately
1,000 acres of property to the City, and identified a potential schedule for conveyance of the
remaining 152 acres. In the interim, the Navy has leased the 152 acres to the City through a
Lease in Furtherance of Conveyance (LIFOC).The Navy also conveyed to the City by a separate
Bill of Sale all federal government owned electrical, gas, telephone, cable systems, water,
sewer, and storm drain systems. A map identifying the location of the City of Tustin's Economic
Development Conveyance deed and LIFOC parcels is provided in Appendix 2.
Prior to the Navy's lease of the Hangar 29 Complex to Tustin, the Navy issued a Finding of
Suitability to Lease (FOSL). The FOSL and LIFOC documents identify possible restrictions on the
use of the Hangar 29 Complex under the LIFOc. Under the provisions of the City's lease with
the Navy, the City can sub-lease the Hangar 29 Complex to a respondent who identifies an
economically viable reuse for the Hangar 29 Complex. Once a Finding of Suitability to Transfer
(FOST) has been issued by the Department of the Navy, the Hangar 29 Complex would be
conveyed to the City for subsequent conveyance to the successful respondent subject to all
terms and conditions of the City's agreement with the Department of the Navy. The successful
respondent would be required to assume and faithfully perform any and all obligations and
covenants running with the land and any City of Tustin obligations set forth in any Navy
quitclaim deed for the Hangar 29 Complex or in the LIFOc.
It is the City's intent in this solicitation to identify a qualified entity who responds to all
requirements of the REI. Should a potential feasible response be submitted and subsequent
proposal stage of the solicitation process (Phase II) occur, and a qualified entity is selected, it
would be the City of Tustin's intention to negotiate a Disposition and Development Agreement
between the City, selected entity and the Master Developer and to also initially sublease the
Hangar 29 Complex until such time as the Navy implements the intended remediation for the
site. In leasing the Hangar 29 Complex, a successful respondent would be required to comply
with all the provisions of the FOSL and Lease in Furtherance of Conveyance (LIFOC) and all
laws, regulations, and/or orders which may be promulgated, from time to time, with respect to
the discharge and/or removal of Hazardous Substances and will be required to agree to not
release or dispose of any Hazardous Substances at the site. It would be the intention that any
sublease would terminate upon receipt of the Quitclaim Deed following the installation of the
remedy and upon completion of a Finding of Suitability to Transfer (FOST) by the Navy and the
City's transfer of fee title to the Hangar 29 Complex subject to any and all terms and conditions
(Institutional Controls) assigned to the property by the Department of the Navy.
Any successful respondent will be expected to:
Perform its own assessment of lead based paint and asbestos containing material on the
property, the implications of land use restrictions on any proposed development plan
Hangar 29 Complex REI/RFP
January 3, 2005
Page 34
and the consequences of any subsequently discovered contamination, as well as all
matters related to the site including the physical conditions thereof, including but not
limited to the accessibility and location of utilities, the physical condition of all structures
located on the site, and all mechanical, plumbing and electrical systems located therein,
suitability of soils, environmental and other site investigations regarding the site.
Review the Navy documentation reflecting the Navy's knowledge of the environmental
condition of the property.
Defend, indemnify and hold harmless the City of Tustin and related entities for all
claims, expenses, liabilities and losses arising from the pre-existing known and unknown
and subsequently caused or created environmental conditions.
Obtain Pollution Legal Liability insurance coverage naming the City of Tustin or related
entities, as appropriate, as an additional insured, in an amount and of such duration and
with a Self Insured Retention amount to be determined. This insurance will provide an
element of financial assurance of the ability of a successful respondent to satisfy the
contractual obligation to indemnify, defend and hold harmless the City against any
liability arising from or related to environmental conditions at the property. Coverage
will include remediation and defense costs as well as bodily injury and property damage
for on and off site pre-existing or subsequently created known or unknown pollution
conditions. The City has obtained its own pollution legal liability insurance policy on
the property so there has been previous underwriting of the pollution liability risk on the
property.
6.2 Hazardous Materials/Remediation/Sold "As Is"
The Navy has determined that soil and groundwater contamination exists under the Hangar 29
Complex (the Navy refers to the area as IRP-3) that requires the Navy to complete a response
under CERCLA at the site and install a long-term remediation system intended to prevent the
migration of a groundwater plume. Once a FOST has been issued by the Department of the
Navy, the parcel will be conveyed to the City for subsequent conveyance to the selected
Respondent. At present, the Navy believes it will have completed installation of the required
remediation system and obtained regulatory concurrence that the system is effective so that
deed conveyance of the Hangar 29 Complex might occur in 2008.
The locations and public information regarding all sites investigated by the military at the
former MCAS Tustin are on file at the University of California at Irvine, MCAS Tustin publications
repository within the Government Publications Collection or by contacting Mr. Jerry Dunaway,
Navy Base Environmental Coordinator, at (619) 532-0975. In addition, the City of Tustin has
recently performed a toxic mold survey analyzing the current potential of the building to contain
toxic molds which may need to be mitigated prior to occupancy due to health and safety
concerns. In addition to the various documents listed at the beginning of this REI/RFP and
those Navy documents available at UCI, respondents should specifically consider the following:
Hangar 29 Complex REI/RFP
January 3, 2005
Page 35
Finding of Suitability to Lease for Carve-Out Areas 5, 6, 7, 8, 9, 10, 11, Marine Corps
Air Station Tustin, California, (FOSL #3) dated April 26, 2002.
Lease In Furtherance of Conveyance Between the United States of America and the
City of Tustin, California for Portions of the Former Marine Corps Air Station Tustin
dated May 10, 2002.
Final Record of Decision/Remedial Action Plan, Operable Unit IB, IRP-3 - Paint Stripper
Disposal Area, IRP-12 - Drum Storage Area No.2, Former Marine Corps Air Station
Tustin, California dated October 2004.
Toxic Mold Survey dated July 2004
The City makes no representation or warranty as to the environmental condition of
the property, the Navy's obligations with respect to the environmental condition of
the property or the adequacy or accuracy of any environmental report that has been
rendered. All Respondents are responsible for their own investigation of the
presence of hazardous material on the Hangar 29 Complex and the suitability of the
soil for improvements to be constructed. Also, all Respondents must acknowledge
that a Respondent will be buying property in an "as is, where is, with all faults"
condition without warranty or warranties or representation or representations of
any kind whatsoever, express or implied, including, without limitation, any implied
warranty of fitness of the site for the intended use, whether by the City or any of its
agents, elected or appointed officials, representatives or employees. In particular,
by way of example but not of limitation, the City makes no warranties or
representations with respect to the use or condition, including without limitation,
the condition of the soils, groundwater at the site and presence or absence of
asbestos, lead-based paint, toxic materials or hazardous substances in, on or under
the site, compliance with applicable statutes, laws, codes, ordinances, regulations
or requirements related to zoning, subdivision, planning, building, fire, safety,
health or environmental matters, compliance with covenants, conditions and
restrictions, and deed restrictions, other local, municipal, regional, state or federal
requirements or other statutes, laws, codes, ordinances, regulations or
requirements. Respondents to this RFP should consult with their own attorneys for
further advice.
6.2.1 Deed Constraints. Respondents are advised that the City will be conveying all
real and personal property at the Hangar 29 Complex in an "as is" and "where is"
condition without any representations, promise, agreement or warranty on the part of
the City regarding the condition and state of repair. The Navy has conducted an
Environmental Baseline Study (EBS), a Base Realignment and Closure Cleanup Plan and
many other documents concerning the status and direction of environmental
remediation at the former MCAS Tustin property which should be reviewed by any
prospective respondent of the Hangar 29 Complex.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 36
The Navy's Revised Draft Final Record of Decision/Remedial Action Plan for Operable
Unit l-B identifies the following land-use control (LUC) objectives proposed for the site
which are still subject to change:
Prohibit the installation of new groundwater wells of any type and prevent exposure
to VOC-contaminated groundwater without prior review and written approval from
the DON, DTSC, U.s. EPA, and RWQCB until remediation objectives have been
achieved.
Prohibit the installation of any well that has the potential to affect plume migration.
Prohibit the alteration, disturbance, or removal of groundwater extraction and
monitoring wells and associated piping and equipment (e.g., treatment system)
without prior review and written approval from the DON, DTSC, U.S. EPA, and
RWQCB.
A Finding of Suitability to Transfer (FOST) document has not yet been prepared for the
Hangar 29 Complex. Once Navy remediation at the site is found to be in place and
effective, the property will be conveyed to the City and subsequently to a successful
Respondent. The Navy does have an on-going responsibility for certain unknown
contamination issues that might arise in the future on the subject site. However, any
Hangar 29 Complex respondent should undertake independent investigations to
determine the presence of lead based paint or asbestos containing material on the site.
The following excerpts from Federal statutes apply to hazardous materials located on
sites transferred by the Navy, and are provided for information purposes only.
Comprehensive Environmental Responses Compensation and Liability Act (CERCLA,42
USC 9620): "The United States is required, at the time of transfer of title of real
property, to provide covenants and warranties which: Assure that all response action
necessary to protect human health and the environment with respect to any substance
remaining on the property on the date of transfer has been taken before the date of
transfer, and commit to undertake any additional remedial action found to be necessary
after the date of such transfer. "
The National Defense Authorization Action for Fiscal Year 1993 as amended (Public Law
No. 102-434), Section 330: "The Secretary of Defense, in the case of Base Closure
Property transferred to any state or political subdivision of a state or to any other person
or entity that acquires ownership or contro¿ shall hold harmless defend and indemnify
that person or entity form any suit, claim, demand or action, liability, judgment, cost or
other fee arising out of any claim for personal injury or property damage that results
from, or is in any manner predicated upon, the release or threatened release of any
hazardous substance, pollutant or contaminant or petroleum or petroleum derivative as
result of Department of Defense activities. "
Hangar 29 Complex REI/RFP
January 3, 2005
Page 37
These two provisions establish the responsibility of the United States to select and
implement remedies which protect human health and the environment prior to deed
transfer; to return and remediate any subsequently discovered contamination; and to
hold a subsequent transferee harmless for certain consequences of pre-transfer of
Department of Defense activities. Respondents should also refer to the FOSL and LIFOC
for CO-6.
6.2.2 Lease Restrictions. The Hangar 29 Complex is currently within a portion of
LIFOC Parcel IV-G-3, a part of Carve-Out 6. Pursuant to FOSL #3, the Hangar 29
Complex is suitable for immediate reuse activities as long as certain lease restrictions
have been met by the selected respondent. Until a Finding of Suitability to Transfer
(FOST) has been issued by the Navy on this leased parcel, the City intends to enter into
a lease with a successful Respondent to implement the proposed reuse as well as
maintain, manage and operate the property within the Hangar 29 Complex. In leasing
the Hangar 29 Complex from the City, the selected Respondent will be required to
comply with all the provisions of the LIFOC and all laws, regulations, and/or orders
which may be promulgated, from time to time, with respect to the discharge and/or
removal of Hazardous Substances and will be required to agree to not release or dispose
of any Hazardous Substances at the site.
FOSL #3 currently prohibits access to the NBC Room inside Hangar 29 and holds the
tenant responsible for the management (survey and abatement) of any friable asbestos
and Lead-Based Paint prior to occupancy (please see FOSL #3 for additional information
on this matter).
FOSL#3 and the LIFOC permits interim reuse of the Hangar 29 Complex site prior to
deed conveyance but contains specific use restrictions and conditions primarily intended
to protect future tenants, the historic nature of Hangar 29, and the Navy's continuing
interest in implementing remediation at the site.
6.3 Opportunities & Incentives
CITY OF TUSTIN
Due to its favorable location, demographics and business environment, Tustin was
identified in 1994 by California Business Magazine as one of the top four Best Places for
Business in California.
In 1998 the "1998 Kostmont Cost of Doing Business Survey" rated Tustin as the top
Orange County city for business.
Pursuant to California Redevelopment Law, the City has created and adopted a
Redevelopment Project Area for the Tustin portion of the former MCAS Tustin.
However, as stated previously, the City of Tustin does not propose to commit or expend
local tax dollars or redevelopment funding for the preservation or any adaptive reuse of
the Hangar 29 Complex.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 38
MCAS Tustin has been designated by the State of California as a Local Agency Military
Base Recovery Area (LAM BRA) Zone providing tax credit incentives to businesses similar
to those typically found in State Enterprise Zones. These credits include: a lS-year net
operating loss carryover; tax credits for sales and use taxes paid; hiring credits for
wages paid; and various business expense deductions.
PRESERVATION FINANCIAL INCENTIVES
a. Federal Rehabilitation Tax Credit for Historic Properties - The Federal
Government encourages the preservation of historic buildings through Federal tax
incentives to support the rehabilitation. The National Park Service administers the
program in
partnership with the
Internal Revenue
Service and the State
Historic Preservation
Officer. Current tax
incentives for
preservation include a
20% rehabilitation tax
credit equaling 20%
of the amount spent
in a certified
rehabilitation of a
certified historic
structure. The Hangar
29 Complex (Buildings
29 and 29A) is a
certified historic structure and would be eligible for tax credit consideration to a
respondent. Details on this program are available from the State Office of Historic
Preservation. Under this program, it is expected that the proposed
rehabilitation/preservation will adhere to the Secretary of the Interiors Standards
for Rehabilitation. Rehabilitation projects must meet the following Standards, as
interpreted by the National Park Service, to qualify as "certified rehabilitations" eligible
for the 20% rehabilitation tax credit. The Standards are applied to projects in a
reasonable manner, taking into consideration economic and technical feasibility. The
Standards (36 CFR Part 67) apply to historic buildings of all periods, styles, types,
materials, and sizes. They apply to both the exterior and the interior of historic
buildings. The Standards also encompass related landscape features and the building's
site and environment as well as attached, adjacent, or related new construction.
A property shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the building and its site
and environment.
Hangar 29 Complex REI/RFP
January 3, 200S
Page 39
. The historic character of a property shall be retained and preserved. The removal of
historic materials or alteration of features and spaces that characterize a property
shall be avoided.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken.
Most properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved.
Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a historic property shall be preserved.
Deteriorated historic features shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design, color, texture, and other visual qualities and,
where possible, materials. Replacement of missing features shall be substantiated
by documentary, physical, or pictorial evidence.
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall
be undertaken using the gentlest means possible.
Significant archeological resources affected by a project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the property and its
environment.
New additions and adjacent or related new construction shall be undertaken in such
a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
b. California Heritage Fund - Through the State Office of Historic Preservation,
projects may compete for matching fund grants under the Heritage Fund program. This
and other opportunities offered through the state can be reviewed by going to:
http://ohp.parks.ca.Qov/
Hangar 29 Complex REI/RFP
January 3, 2005
Page 40
c. Heritage Preservation Services - The National Park Service, under the direction of
the federal Department of the Interior, offers information and assistance in a variety of
areas related to historic preservation and rehabilitation. Details can be found on their
website at: http://www2.cr.nps.Qov/
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Low Density Residential (1-7 du/acre)
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Learning Village
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Commercial 8usiness
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Hangar 29 Complex REI/RFP
January 3, 2005
Page 43
provided as background information as Appendix 3 and 4, respectively. Key features of the
MCAS Tustin Specific Plan include the following:
Up to 4,049 residential units are authorized by the MCAS Tustin Specific Plan within the
jurisdictional boundaries of the City of Tustin including a significant number of units to
be affordable to very low, low and moderate income households.
Over 9 square feet of commercial retail, office and commercial/business/industrial uses
predominately located in the central and southern portions of the Tustin Legacy Project.
A range of educational uses including an Advance Technology Education Park operated
by the South Orange County Community College District, an educational campus for the
Rancho Santiago Community College District, several elementary schools, a high school,
and other educational uses will be located throughout the property.
Dedicated open space uses, including an Urban Regional Park, Community Park and
neighborhood parks, bicycle and hiking trails and other recreational facilities will be
dispersed throughout the plan.
7.2 Development Standards
The Hangar 29 Complex is located within the Community Core Land Use Designation in the
Specific Plan and is located within Neighborhood D, Planning Area 8. The Hangar 29 Complex is
also adjacent to Planning Area 15 (residential use) to the northeast, Planning Are 13
(commercial/business use) to the southwest and Planning Area 15 (commercial retail use) to
the southeast. The Community Core supports a broad opportunity for commercial, retail, office,
light industrial and residential land uses. Land uses not identified in the Specific Plan are
prohibited. For further information, please refer to the MCAS Tustin Specific Plan Section
definition of the Community Core Land Use designation in Section 2.21.B.S and the Land Use
Development Standards in Chapter 3 (Appendix 5). A bound copy of the entire MCAS Tustin
Specific Plan is available at the City of Tustin ($73) or in PDF form on disk ($12), or the PDF
version can be downloaded for free from the City of Tustin's Web Site at www.tustinca.orq.
The following is a summary of development standards that will impact the Hangar 29 Complex.
Non-Residential Uses
Examples of Outright Permitted Uses include (see Section 3.6.2 for other uses):
Service-commercial uses including banks, barber and beauty shops, dry cleaners,
conference/convention facilities, restaurants, print shops, and travel agencies.
Office uses including corporate headquarters, general offices, medical clinics and offices,
professional offices, etc.
Industrial uses including advertising and publishing, copying, blue printing and photo
reproduction, commercial library, communications businesses, data storage,
communications equipment center, instructional/vocational school, light industrial uses
(including manufacturing, assembly and distribution), motion picture and recording
studios, research and development, and software design uses.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 44
Non-residential uses are restricted by the following development standards:
Minimum lot size - one (1) acre
Maximum building height - none
Maximum floor area ratio - .5 which equates to a maximum of 331,056 sq. feet subject
to compliance with all other development requirements
Maximum site coverage - 100 percent less required setback and open space
requirements
Minimum building setbacks - measured from future right-of-way
Tustin Ranch Road - 30 feet
Warner Avenue - 20 feet
Adjacent to open space or public/institutional uses - 10 feet
Landscape setbacks - from back of curb or future right-of-way
Tustin Ranch Road - 30 feet
Warner Avenue - 20 feet
Bicycle and pedestrian circulation facilities shall provide connections to the rest of
Planning Area, to adjacent Planning areas, and to citywide bicycle trails where
applicable. Class two street bicycle lanes are proposed in Tustin Ranch Road and
Warner Avenue.
Signage - refer to Section 3.12 of Specific Plan
Off-street parking - refer to Section 3.13 of Specific Plan
Other development standards - refer to Section 3.13 of Specific Plan
Residential Uses
Permitted and conditionally permitted uses include family care home or group home, large
family day care, condominiums and apartments, patio homes, single family detached units, and
public/institutional uses such as churches, hospitals, schools, etc.
Residential uses are restricted by the following development standards:
Maximum dwelling units - varies based on type of product from 7 dwelling units per
acre for single family detached product to 15 du/acre for single family attached and
patio homes to 25 du/acre for condominiums and multiple family units.
Minimum Building Setbacks
Tustin Ranch Road - 30 feet
Warner Avenue - 20 feet
Local public street - 10 feet
Local private street - 5 feet
Interior side yard - 3 feet with 10 feet aggregate on both sides
Rear yard - 10 feet
. Other Residential Development Standards - Refer to Section 3.6.2I, 3.6.2a, 3.6.2H, and
3.6.2I of the Specific Plan.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 45
Landscape Setbacks - same as for non-residential uses
. Affordability obligation - where dwelling units are proposed, at least 15% of costs shall
be for very low income to moderate income households with 6% or 40% of units
affordable to very low income households. An additional 21 units shall also be added for
low income households and 41 units for moderate income households. Restricted
affordable housing units shall be reasonably dispersed and shall be compatible with
design of market rate units in appearance, a legally binding agreement with city or
Agency will be required to ensure deed restriction are binding to ensure continued
affordability of these units.
. Tenure: Apartments are not an outright permitted use, are not preferred and require a
conditional use permit approval from the City of Tustin.
7.3 Entitlements
Development of the Hangar 29 Complex may require that additional entitlements be secured,
including but not limited to tract maps, conditional use permits, and site plan review, and
design review, as applicable. Please refer to Chapter 4 of the Specific Plan.
7.4 Redevelopment Project Area
The MCAS Tustin Redevelopment Plan has been adopted under California Redevelopment Law
to include the former MCAS Tustin property within the City of Tustin, including the Hangar 29
Complex.
7.5 NEPA/CEQA
The City of Tustin and Department of the Navy prepared the FEIS/EIR for the Disposal and
Reuse of MCAS Tustin in accordance with the National Environmental Policy Act (NEPA) and the
California Environmental Quality Act (CEQA). The Tustin City Council certified the "FEIS/EIR on
January 16, 2001. The Navy published its record of decision on March 3, 2001.
The FEIS/EIR is a program EIR under CEQA. By statute, additional future environmental review
on any public or private development activity may be deemed necessary under the following
conditions: 1) if substantial changes are proposed in the project; 2) if substantial changes occur
with respect to the circumstance under which the project is undertaken; or 3) if new
information becomes available that was not known at the time the environmental impact report
was certified as complete.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 46
CEQA will apply to development activities on the former MCAS Tustin property including the
Hangar 29 Complex, and additional project approvals may require additional CEQA
documentation. Respondents are encouraged to review the NEPA/CEQA documentation and
evaluate for themselves whether additional environmental studies are required or mitigation
measures will have to be adopted. The selected Respondent shall be responsible for adhering to
all applicable provisions of the FEIS/EIR (SCH No. 9407100S) and all requirements as might be
determined to apply to development activities related to the Hangar 29 Complex whether on-
site or off-site.
7.6 Other Special Environmental Requirements
The FEIS/EIR and other regulatory documents outline a number of environmental requirements.
For informational purposes and as a summary only, additional requirements that would likely be
faced on the Hangar 29 Complex are described below.
7.6.1 Wetlands
The FEIS/EIR for the disposal and reuse of MCAS Tustin has preliminarily identified
vegetated wetlands within jurisdictional waters of the u.s. on this site. The City, working
with the firm of Bon Terra Consulting, has subsequently done additional surveying and has
found that the size of some of the jurisdictional wetland areas may vary from those
identified in the EIS/EIR. While the City is not aware of any information that would indicate
that the Hangar 29 Complex contains either wetlands or jurisdictional waters of the U.S.,
any Respondent is responsible for conducting its own investigation of the presence of
wetlands or jurisdictional waters within the Hangar 29 Complex site.
7.6.2 Regional Water Quality
The selected Respondent will be responsible for complying with applicable provisions of the
City of Tustin Water Quality Ordinance and all federal, state, and regional water quality
control board and Orange County Sanitation District rules and regulations that relate to
development of the site and specific uses on the site. This includes implementing the
regulatory requirements contained in Section 4900 of the Tustin City Code which requires all
development to comply with the County of Orange Drainage Area Management Plan and to
submit Water Quality Management Plans, and Storm Water Pollution Prevention Plans. It
requires applicable techniques from the City's Best Management Practices Handbook (based
on the Cal Trans Storm Drain Quality Handbook) be implemented.
7.7 Public Safety
The City of Tustin Police Department and Orange County Fire Authority will serve the site.
OCFA Fire Station 37 is located in the vicinity of Red Hill and Edinger (this station may be
replaced in the future and relocated to a site at Edinger and the West Connector within Tustin
Hangar 29 Complex REI/RFP
January 3, 200S
Page 47
Legacy). Fire Station 6 is located along Barranca Parkway east of Harvard Avenue. Applicants
for development will be required to enter into an agreement with the City of Tustin to establish
a fair-share mechanism for construction of any new fire facility to serve the project. It should
be noted again that the Hangar 29 Complex was constructed to serve a military mission and
that it was not built in conformance with local building and fire codes. Although the new
backbone water systems and water pressures have been designed to provide adequate fire
protection to Hangar 29, the new backbone systems and fire protection in Hangar 29
(sprinklers) are not currently in place.
7.8 Infrastructure and Utilities
The Hangar 29 Complex is centrally located within Tustin Legacy and was supported by military
utility systems that will need to be removed and replaced with a new Tustin Legacy Backbone
Infrastructure System. In addition, it is very unlikely that existing utility purveyor (for water,
sewer, electricity and gas) will accept existing utility service lines on the Hangar 29 Complex for
provision of new service from any new Tustin Legacy Backbone Infrastructure Systems. As a
result, any successful Respondent would be responsible for removal of existing infrastructure on
the Hangar 29 Complex, including performing any severances and service relocations necessary
to ensure that property outside of the site, and any existing or anticipated Navy remediation
activity on the Hangar 29 Complex is not severed from service. New utilities will have to be
installed underground, to connect with dedicated right-of-way easements. According to the
City's agreement with the Navy, certain utility systems can not be disturbed without four weeks
prior notice to the Navy.
Tustin Legacy Backbone Infrastructure to include new public arterial roadways and other
backbone systems such as water, sewer, etc planned in the vicinity of the Hangar 29 Complex
and more specifically within the proposed Tustin Ranch Road and Warner Avenue rights-of-way.
These Tustin Backbone Infrastructure improvements are expected to be built by the City in
coordination with the Master Developer and Vestar/Kimco LLP developments. In the near term
and by approximately Spring or early Summer of 2005 construction is expected to begin and be
completed by Spring of 2006 on the southerly segment of Tustin Ranch Road (from Barranca
Parkway to Warner Avenue) and the easterly extension of Warner Avenue (from Jamboree
Road to the future Tustin Ranch Road) and associated backbone infrastructure will be
constructed by Vestar.
Prior to approval of any development permit or subdivision for the Hangar 29 Complex, a
successful Respondent would be required to enter into an agreement with the City of Tustin
and appropriate regional utility agencies to ensure adequate easements and rights-of-way to
construct backbone infrastructure and facilities (i.e., arterial backbone roadways, utilities, storm
drains, regional flood control facilities, parks and recreational facilities and other community
facilities) needed to serve the project.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 48
The agreement would assign components required by the FEIS/EIR to the development site and
will require participation in providing a fair share contribution towards the Tustin Legacy
Backbone Infrastructure Program. Estimates for the Fair Share Backbone Infrastructure fee for
the Hangar 29 Complex will continue to be adjusted based on refined design information,
completion by the City or a more detailed benefit analysis and any adjustments to the
construction cost index. In addition, projects containing vertically mixed uses would be
assessed at the highest land value proposed at the site. The 2001 Fair Share Backbone
Infrastructure fair share fee program estimates by type of land use are as follows:
Land Use
Multi-Family Residential
Industrial
Office
Retail
Fee Per Sa. Ft. of Land Area
$4.50
$5.04
$7.02
$11.67
In addition to a fair share contribution toward construction of Tustin Legacy Infrastructure,
successful Respondents should take into consideration any specific infrastructure necessary to
support their project that is not considered Tustin Legacy Backbone Infrastructure (i.e. in-tract
infrastructure). Respondents should also be aware that it is the City's intent to also establish a
community facilities district for maintenance of certain capital improvement facilities such as but
not limited to parks, open space, parkways, police and fire service, storm drainage services as
may be authorized.
WATER AND SEWER
The Irvine Ranch Water District (IRWD) will be the jurisdictional agency responsible for
providing plan approvals and potable and non-potable water and sewer service to Tustin
Legacy. IRWD will specify waterline pipe sizes and locations based on the proposed
development. IRWD has recommended abandoning existing water mains (formerly owned by
the military and transferred to the City of Tustin) and several IRWD lines and connections and
providing service connections to developments on the former base from the Tustin Legacy
Backbone Infrastructure system and from existing water mains in adjacent roadways. IRWD
recommended abandoning the existing reclaimed water mains and providing service
connections to developments from the Tustin Legacy Backbone Infrastructure. Irvine Ranch
Water District (IRWD) is the jurisdictional agency responsible for providing plan approval and
sewer service to Tustin Legacy. IRWD would be responsible for specifying pipe sizes and
locations based on development intensity. IRWD has recommended abandoning the existing
sewer lines and providing service to developments through connection to a new backbone
system. IRWD has recently included the Hangar 29 Complex in new water and sewer
improvement districts. Each respondent should contact IRWD to evaluate the financial impact
of the district on their project.
DRAINAGE
A Runoff Management Plan (ROMP) has been developed for the Tustin Legacy project. The
drainage plan assumes peak runoffs using the Orange County Hydrology Manual Rational
Method based on a 2S year return frequency storm. The proposed backbone drainage system
Hangar 29 Complex REI/RFP
January 3, 2005
Page 49
would follow the alignments of the major arterial roadways adjacent to the site, such as Tustin
Ranch Road, South Loop Road, and Warner Avenue to coincide with the local collector system.
In conjunction with any proposed development of the Hangar 29 Complex, a comprehensive
drainage study will be required.
The IRWD has adopted water and sewer improvement districts which will place an assessment
on all properties at Tustin Legacy for costs associated with construction of water and sewer
backbone systems. Each respondent should contact IRWD to evaluate the impact on their
project.
TELECOMMUNICATIONS
SBC provides telephone service to the Tustin Legacy project from a wire center located on
Irvine Center Drive in the City of Irvine. The existing system does not meet current standards
and cannot be used in future development. The installation of fiber optic facilities has not yet
occurred and should coincide with the installation of other land line telephone infrastructure.
Wireless telecommunication services are available through a variety of carriers serving the
Orange County area.
ELECTRICITY
Electricity to the site will likely be supplied by Southern California Edison (SCE) from four off-
site substations that offer sufficient capacity to meet the electrical demand of the planned
reuse. The existing network of overhead and underground electrical lines will be removed and
replaced with a new underground electrical Tustin Legacy backbone system. It is likely that a
new electrical distribution system to serve the Hangar 29 Complex will be required from the
utility purveyor.
NATURAL GAS
Natural gas to the site will be supplied by Southern California Gas Company (SCGC). The City
has placed all existing natural gas distribution lines on the site into a caretaker moth-ball
condition, and will require all new service connections to be from the Tustin Legacy Backbone
Infrastructure system. The existing gas line connections to all existing major structures must
be removed.
CABLE TELEVISION
There are two cable television operators who currently provide non-exclusive service within the
City of Tustin. Both Cox and AT&T currently have non-exclusive franchise agreements in Tustin
and the selected Respondent can work with either provider regarding all new development on
the Hangar 29 Complex and will be responsible for all system maintenance. Any backbone
cable system installed by the selected Respondent would have to be undergrounded.
7.9 Site Access, Transportation and Circulation
Tustin Legacy is framed by an extensive network of transportation elements that link residents,
employees, and visitors to unlimited destinations via freeway and road systems, bicycle and
pedestrian paths, commuter rail and public transit, and commercial and general aviation (Exhibit
Hangar 29 Complex REI/RFP
January 3, 200S
Page 50
6). The Hangar 29 Complex Site in particular, is accessible from Interstates 5 and 405 as well
as State Route 55, 241, and 261. The Hangar 29 Complex Site can be accessed from the major
roadways that frame or traverse the perimeter of the Tustin Legacy project, including Jamboree
Road, Edinger Avenue to the north, Harvard Avenue to the east, Barranca Parkway to the
south, and Red Hill Avenue to the west.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 51
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Hangar 29 Complex REI/RFP
January 3, 2005
Page 52
The roadway system for the Specific Plan is designed to provide efficient accessibility to the
regional and local transportation system, to supply adequate internal circulation capacity, and to
effectively service the proposed land uses. Future land uses within Tustin Legacy will interact
with population and employment centers throughout the County.
The Circulation Plan features two arterial "levels" of roadways which together will serve future
land uses at Tustin Legacy and will maintain connectivity with the regional roadway system.
Roadways of "regional significance" cross the Plan area, serving both through traffic and project
generated traffic. Meanwhile, a local internal roadway system will serve and connect the land
uses of the Plan itself.
One north-south arterial roadway, Tustin Ranch Road, and one east-west arterial roadway,
Warner Avenue, are planned to cross the Plan area. Valencia Avenue, Armstrong Avenue, the
West and East Connectors, and Moffett Avenue, which are secondary arterials, will provide local
circulation, complementing the proposed land uses and providing access. Together, these two
arterial roadway components are designed to serve the backbone circulation and external
accessibility needs of the future land uses. The roadway links across the Plan are important
components of the overall circulation concept, because they provide continuity with existing
east-west connections beyond Tustin Legacy, and because they address future capacity needs.
These backbone arterial roadways will be supplemented with local in-tract streets.
BICYCLE AND PEDESTRIAN CIRCULATION
Bicycle and pedestrian circulation elements that provide opportunities for connections
throughout Tustin Legacy and other citywide bicycle trails will be constructed with installation of
Tustin Legacy Backbone Infrastructure. The selected Respondent of the Hangar 29 Complex
will be required to design connections from the site to the Tustin Legacy's bicycle and
pedestrian circulation improvements to Tustin Legacy Backbone Infrastructure.
The Recreational Bikeway/Trail Concept Plan of the Specific Plan articulates a two-tiered system
of bikeways. Class I bikeways provide for a completely separated right-of-way designated for
the exclusive use of bicycles and pedestrians; cross flows with motorized vehicles are
minimized. Class II bike lanes provide for a restricted right-of-way on a roadway's shoulder
designated for the exclusive or semi-exclusive use of bicycles with through travel by motor
vehicles or pedestrians prohibited. Only Class II bikeways are anticipated adjacent to the
Hangar 29 Complex in Tustin Ranch Road and Warner Avenue.
In addition to the bikeways, development of non-residential land uses may also require the
provision of on-site bicycle storage facilities, where appropriate, in accord with the City's
Transportation Demand Management (TDM) Ordinance. These facilities may include bicycle
racks or parking facilities, and shower and locker room facilities.
TRANSIT SYSTEMS
Tustin Legacy is well-served by existing transit systems. A Metrolink station is located near the
northeast corner of the Tustin Legacy project north of Edinger Avenue, providing commuter rail
service to destinations in Los Angeles, Riverside, San Bernardino, Ventura, and northern San
Hangar 29 Complex REI/RFP
January 3, 200S
Page 53
Diego counties. In addition, a number of bus lines are operated along the surrounding major
arterials, including Edinger, Harvard, and Red Hill Avenues, and Barranca Parkway; these routes
provide service to locations throughout Orange County, and connect to other transit systems in
the region. It is anticipated that bus routes will also be extended through the Tustin Legacy
project site.
TRAFFIC MITIGATION, MAXIMUM DEVELOPMENT THRESHOLDS AND TRIP BUDGETS
As part of the FEIS/EIR, the City is required to ensure that adequate arterial roadway and
intersection improvements are planned and that necessary off-site traffic mitigation measures
are implemented, according to cumulative Average Daily Trip (ADT) thresholds. The City is also
responsible in the FEIS/EIR for monitoring all new development within Tustin Legacy and
accounting for the cumulative non-residential ADTs generated by development projects.
As specific ADT thresholds are reached, certain roadway improvements listed in the FEIS/EIR
must be constructed before additional development projects are approved. As indicated in the
"Infrastructure" discussion above, construction of portions of Tustin Legacy Backbone
Infrastructure is planned. Additional Tustin Legacy Infrastructure and roadway improvements
are required by the FEIS/EIR based on cumulative Average Daily Trip (ADT) thresholds reached.
To the extent Tustin Legacy Backbone Infrastructure is not available based on any Cumulative
ADT Thresholds already reached at a point in time when a successful Respondent wishes to
proceed with development of the Hangar 29 Complex, additional Tustin Legacy Backbone
Infrastructure may be required to be installed by a successful Respondent with the City
reimbursing the Respondent for any Tustin Legacy Backbone improvements or over-sizing of
improvements beyond the Fair Share obligation otherwise required of the Hangar 29 Complex.
Vehicle trips will be managed by a Trip Budget to ensure that new development can be
accommodated within the planned capacity of the roadway systems proposed both in the Tustin
Legacy project and those systems outside of the project boundaries. The EIS/EIR determined
that the Tustin Legacy project will cause significant impacts in the cities of Santa Ana and
Irvine, and also identified certain transportation and circulation mitigation measures that will
adequately accommodate those traffic impacts. The City of Tustin has entered into a traffic
mitigation agreement with the City of Irvine, and another traffic mitigation agreement with the
City of Santa Ana, which require Tustin to pay the cost of constructing a portion of the required
improvements. A successful Respondent will be required to contribute its fair share under these
two agreements.
The non-residential land use/trip budget tracking system is a mechanism for managing
anticipated vehicular trips generated by future land uses at Tustin Legacy. The purpose of the
tracking system is to ensure that development can be accommodated within the planned
roadway capacity of the on-site and off-site roadway systems.
The trip budget establishes a baseline capacity of ADT's for each neighborhood, based on
assumptions of traffic generation rates and the amount of non-residential development at build-
out. The trip budget for Tustin Legacy was further allocated to Planning Areas for ease of
administration. However, the trip budget by neighborhood will control the amount and intensity
Hangar 29 Complex REI/RFP
January 3, 200S
Page 54
of non-residential uses by neighborhood. The trip management system contains some
provisions for exchange of land uses and ADTs, between areas under certain conditions. The
trip budget tracking system is detailed in the Specific Plan, and in the FEIS/EIR.
Proposed reuse of the Hangar 29 Complex must be consistent with the MCAS Tustin Specific
Plan and EIS/EIR. Based upon its size, the development thresholds identified in the MCAS
Tustin Specific Plan and the EIS/EIR, a maximum of approximately 331,056 square feet of non-
residential space is permitted with the build-out of the Hangar 29 Complex site. Consistent with
the methodology for calculating the ADT thresholds identified in the FEIS/EIR Traffic Study, the
City of Tustin's Traffic Engineer has determined that the approximately 331,056 square feet of
non-residential square footage would generate approximately 3,705 ADTs.
7.10 Demolition and Site Preparation/Management
Buildings 29 and 29A must be identified for preservation and reuse in any proposal submitted to
the City in response to this REI/RFP. As noted previously, several non-historic buildings,
structures, utilities, paved areas and unimproved open space also exists within the Hangar 29
Complex site. The MCAS Tustin Specific Plan/Reuse Plan states that demolition of non-historic
structures shall be considered or undertaken under the following conditions: 1) where it has
been determined that public health and safety risks need to be eliminated, 2) to improve the
appearance of the Planning Area, and 3) to implement the permanent land use intent of the
Planning Area. Unless identified by the Respondent as an integral element of the development
proposal for the site, the Respondent will be responsible for removing these structures and the
associated improvements. Cost estimates have not previously been developed for either the
demolition or rehabilitation of these buildings or site preparation in general. The ultimate
disposition of the other buildings and facilities on the Hangar 29 Complex should be described
in any submitted Site Master Plan to be prepared by a Respondent.
As noted previously, the Hangar 29 Complex is centrally located within Tustin Legacy and was
supported by military utility systems which are not suitable for reuse. New public roadway
access and Tustin Legacy Backbone Infrastructure is planned in the vicinity of the Hangar 29
site.
In the event that an economically viable reuse for the Hangar 29 Complex is proposed, the
successful Respondent would be responsible for all costs of management and maintenance of
the Hangar 29 Complex including but not limited to site security, weed abatement, facility
maintenance activities, etc., once an Exclusive Negotiation Agreement is executed with the City.
A successful Respondent will also be required to comply with any CC&Rs for Tustin Legacy that
addresses general design and planning standards.
Hangar 29 Complex REI/RFP
January 3, 200S
Page 55
7.11 Applicable Development Fees
In addition to the Fair Share Backbone Infrastructure and traffic mitigation fees described
previously, fees for the Hangar 29 Complex would likely include, but not be limited to the
following:
City of Tustin
Community Development Department Planning and Building Fees, Water Quality Control
Ordinance review fees.
Public Works Department Fees for engineering, encroachment permits, inspection, TDM
and NDPES review fees
Park and Recreation-park dedication (Quimby Act fees) for any residential development
Other Jurisdictions
Santa Ana-Tustin Transportation System Improvement Area (TSIA) Fees.
School District Fees (Tustin Unified School District).
Orange County School Facility Bond (Measure G)-property tax assessment for Tustin
Unified School District)
Eastern Transportation Corridor Fees.
Orange County Fire Authority Fees.
Utilities
Water and sewer fees and property assessments by Irvine Ranch Water District (IRWD)
8.0 RESPONDENT RESPONSIBILITIES
A successful Respondent to the REI/RFP shall be responsible for the following:
PRE-DEVELOPMENT COSTS
A selected respondent will be responsible for all direct and indirect costs associated with the
purchase and development of the site prior to conveyance. This includes, but is not limited to,
permits and fees required of local, regional, state and federal agencies and all costs incurred by
the City prior to execution of any Disposition and Development Agreement, lease or conveyance
document.
ACQUISITION AND FINANCING OF IMPROVEMENTS
A successful respondent will be responsible for acquisition of the Hangar 29 Complex at fair
market value and for the financing of acquisition, design and construction of all on-site and off-
site improvements required for the project, including but not limited to on-site vertical
Hangar 29 Complex REI/RFP
January 3, 2005
Page 56
improvements and rehabilitation and on-site and off-site infrastructure necessary to support the
project.
In addition, any qualified selected respondent shall acknowledge and agree that the project,
together with the development of the remainder of Tustin Legacy, will contribute the need for
Tustin Legacy Backbone Infrastructure located both on and off of the Hangar 29 Complex (the
"Tustin Legacy Backbone Infrastructure Program'Î, including Tustin Legacy roadway
improvements, traffic and circulation mitigation to support the Tustin Legacy development;
storm drains, detention basins and flood control channels; utility backbone systems (i.e.
electricity, gas, telephone, cable, telecommunications, etc.; community facilities including but
not limited to parks and recreational areas, open space and recreational facilities. The
respondent shall make a fair share contribution to the development of the Tustin Legacy
Backbone Infrastructure Program on behalf of their project, which contribution amount is
described in Section 7.8, above. Respondent shall acknowledge and agree that there is an
essential nexus between the imposition on their project of the fair share contribution towards
the Tustin Legacy Backbone Infrastructure Program and the requirement that Respondent may
be required to also construct certain of the Backbone infrastructure Work as may be necessary
to ensure the orderly development of the Hangar 29 Complex in the event that adjacent Tustin
Legacy Backbone Infrastructure has not yet been completed prior to respondent desiring to
proceed with their project, and a legitimate government interest; and that such obligations are
roughly proportional to and reasonably and rationally related to the project and the impacts that
will be caused by the project.
In connection with development of their project, a successful Respondent agrees that the
amount allocated to the Hangar 29 complex as its fair share allocation of the Tustin Legacy
Backbone Infrastructure Program will be estimated based on the current methodology identified
in Section 7.8, above. Following close of escrow and prior to issuance of any permits for the
project by the City, as a part of refinement of the Tustin Legacy Backbone Infrastructure
Program, the City shall determine the final Fair Share Contribution, which shall be determined
by adjusting the estimated amount set forth above to reflect (a) design modifications, if any, to
the Tustin Legacy Backbone Infrastructure Program to such date and (b) increases in the cost
to construct the Tustin Legacy Backbone Infrastructure Program determined as of the month in
which first permits are issued, which increase shall be determined by applying any increase in
general construction cost from the date of determination of the initial Tustin Legacy Backbone
Infrastructure Program construction costs to the date of such permit issuance, using the
Construction Cost Index for Los Angeles/Anaheim/Riverside County Areas. The City will not
commit local tax dollars or funds toward the development or preservation of the site.
MARKmNG
A successful Respondent will be responsible for developing and implementing and marketing
necessary for the proposed project including all activities and costs associated with the
marketing of the site, including any phases or products. All marketing programs must be
coordinated with City staff.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 57
COORDINATION WITH CITY STAFF
A successful Respondent shall be responsible for coordinating all development related activities
with the City staff and other agencies necessary in the development of the project.
ADHERENCE TO STATUTES
A successful Respondent shall be responsible for adhering to local, regional, state and federal
statues governing development of the Hangar 29 complex and site including any applicable
regulations and requirements under the prevailing wage provisions of Section 1720 et. Seq., of
the California Labor Code and/or Federal requirements of the United States of America (Davis-
Bacon Act).
EQUAL EMPLOYMENT OPPORTUNITY
In connection with its proposed performance under this REI/RFP, the Respondent shall not
discriminate against any employee or applicant for employment because of race, color, religion,
creed, sex, age, national origin, ancestry, physical handicap, medical condition, age, marital
status, sex or sexual orientation. The Respondent shall take affirmative action to ensure that
applicants are employed, and that employees are treated during their employment without
regard to such conditions or factors. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and selection
for training, including apprenticeship.
NONDISCRIMINATION
In connection with its proposed performance under this REI/RFP and as a requirement of the
DDA, each respondent hereby agrees for itself, its successors, assignees and any successors in
interest in the Site, that
(a) it has received, read, understands and agrees to be bound with respect to the
entirety of the Site by the Nondiscrimination Covenant contained in the Federal Quitclaim Deed
which states as follows:
"Non-Discrimination. GRANTEE ("City of Tustin'Î covenants for itself, its
successors and assigns, that it will comply with all applicable provisions of the
Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and the
Age Discrimination in Employment Act of 1975 in the use, occupancy, sale or
lease of the Property. The foregoing shall not be construed to prohibit the
operation of federal or state approved programs focusing on the special needs of
the homeless, veterans, victims of domestic violence and other classes of
persons at risk; nor shall it be construed to prohibit employment practices not
otherwise prohibited by law. The GRANTOR ("Governmenn shall be deemed a
beneficiary of this covenant without regard to whether it remains the owner of
any land or interest therein in the locality of the Property hereby conveyed and
shall have the sole right to enforce this covenant in any court of competent
jurisdiction".
Hangar 29 Complex REI/RFP
January 3, 200S
Page 58
(b) there shall be no discrimination against or segregation of any person, or
group of persons, on account of race, color, creed, religion, sex, sexual orientation,
marital status, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Site nor shall the respondent itself or any person
claiming under or through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site and
(c) respondent shall refrain from restricting the sale of the property on the basis
of the race, color, creed, religion, sex, sexual orientation, marital status, national origin
or ancestry of any person and shall incorporate in all deeds, leases or contracts with
respect to the property non-discrimination and non-segregation clauses required by
State Redevelopment Law. The foregoing covenants shall run with the Hangar 29
Complex Site and shall be binding upon the respondent and all successors and assigns
of the respondent owning all or any portion of the site.
ENVIRONMENTAL INDEMNIFICATION
A successful Respondent shall covenant responsibility for compliance with all environmental
laws and regulations and that they will not use property directly or indirectly for use,
generation, treatment, release or disposal of hazardous materials. The selected Respondent
will be responsible for all liability related to asbestos remediation and lead based paint with no
liability to City. Although the Navy has responsibility for the remediation of certain substances
as described later in this document, the Master Respondent shall provide environmental
insurance naming the City as an additional insured, and shall indemnify, defend and hold
harmless the City from liability against all claims, judgments, suits, costs or expenses including
attorney costs arising out of the release, existence, presence, or disposal of hazardous
substances in, on, under, about or adjacent to the property after conveyance of property to the
selected Respondent.
ANTI-SPECULATION/ ANTI-COLLUSION
The Respondent shall acknowledge that any instrument conveying title or development rights
for the property or a portion of the property will contain anti-speculation and anti-collusion
provisions.
9.0 SUBMISSION INFORMATION AND CONTENT FOR REI/RFP RESPONSE
As indicated earlier in this document, the solicitation process is two-phased. The first phase is
the REI process. The City will not decide to proceed with any Phase II RFP process until
completion of the evaluation process in response to the Phase I REI process.
The Phase I REI process will be conducted based upon the following tentative timeline.
February 24, 2005 - Pre-Submittal Briefing and Tour - All firms intending to prepare submissions
are strongly encouraged to attend the Pre- Submittal Briefing and Tour.
Hangar 29 Complex REI/RFP
January 3, 200S
Page 59
March 17, 2005 - Response to Request for Expressions of Interest due.
June 2005 - Determination whether there are potentially feasible REI submittals. If so,
Selection Committee selects a potential Short-List for Phase II RFP (the City anticipates
selection of a short-list of potential respondents to be made approximately 60 days from the
date of an REI submittal), or the City will determine that that are no economically viable
submittal was submitted.
June 2005 - draft "findings" report to the DON, SHPO and Advisory Council for review and
commènt (45 day contractual review time).
August 2005 - City Council action confirms short list of respondents for a Phase II RFP process.
The timeline for the Phase II RFP process will be issued at the time that any short-list or
respondents is announced. Please note, the City reserves the right to terminate the respondent
selection process at the end of Phase I if it is determined that no economically viable concept
has been proposed in the responses to the REI.
PRE-SUBMITTAL INFORMATION
The City has compiled resources and established a pre-submittal process that will provide
respondents with necessary information in a timely and efficient manner. The following
resources are available to all respondents.
WEB SITE
A project web site has been established (www.tustiniegacy.com) to post the REI/RFP, updates
on the process, and other relevant information.
DOCUMENT AVAILABILITY
A reference library has been assembled with several documents that provide important
background information on the former MCAS Tustin property, the Tustin Legacy project, and
the Hangar 29 Complex. For information on available documents and how to acquire them,
refer to the Tustin Legacy web site. For further information regarding documents, contact Dana
Ogdon at (714) 573-3117.
SITE ACCESS
Respondents are strongly encouraged to tour the Tustin Legacy project area and the Hangar 29
Complex. Access to the site will be made available by appointment only to Respondents,
between February 1, 2005 and March 1, 2005. Please contact Dana Ogdon, Redevelopment
Program Manager, at (714) 573-3117 to schedule a self-guided site tour.
RESPONDENT QUESTIONS AND ANSWERS
To ensure fair consideration for all Respondents, the City requests that communication to or
with the City during the submission process, during the REI (Phase I) or any RFP (Phase II)
process and prior to the award of an ENA, only be conducted as herein identified. Any
questions in the Qualifications process shall be addressed in writing, and submitted as indicated
Hangar 29 Complex REI/RFP
January 3, 2005
Page 60
below. The last day for the submission of questions shall be March 3, 2005. All questions and
answers will be posted to the project website.
Mail/Delivery
City of Tustin, c/o Dana Ogdon
300 Centennial Way
Tustin, California 92780
FAX
Attention: Dana Ogdon, Redevelopment
Facsimile: 714-573-3113
E-Mail
dogdon@tustinca.org
The Respondent assumes all responsibility for the delivery of communications including
transmittals of facsimiles or e-mail, which may not be received. The City can only certify receipt
of communications that are signed for by representatives of the City of Tustin.
9.1 REI (Phase I) Submittal Information and Contents
FORMAT AND CONTENT OF SUBMITTAL
The REI/RFP submittal should follow the format described below in terms of the order and
content of topics to be addressed. The content of the submittal should address each of the
points set forth in the sections below in as much detail as necessary to provide a complete
response. Submittals that fail to address all topic areas in sufficient depth will be judged to be
less responsive that those that do.
RESPONDENT ENTITY
The City has a strong preference for a single entity respondent that can provide unified
management of the negotiation, planning and development process. To the extent that teams
or consortia of respondents will be proposed, the teaming should be based on the need to bring
in specialized development expertise, such as for historic preservation and rehabilitation. In the
event that a joint venture or other teaming approach is proposed, it is critical that a clear
organizational and decision-making structure be specified, with one entity in overall charge of
the development, and that the roles and responsibilities of each of the team members are
clearly defined. Please provide the following information regarding the proposed development
entity:
1. Identify the legal entity constituting the respondent that will carry out the
development and implementation of the project, including managing members, joint
ventures and/or limited partners. Identify the address, e-mail, telephone and fax
number for the entity.
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January 3, 200S
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2. Provide a full description of the Respondent's experience, including types of products
developed, land development and/or vertical development capabilities, number of years
in business, geographical range of activities, ownership structure, size of firm, volume of
business, distinguishing achievements, and other pertinent information, including
whether respondent has a California presence.
3. Identify the role of principal members of the Respondent's team, and specify the
organizational structure for decision-making and operational management. This
description should include the operational relationship of any joint venture or limited
partner respondents to the principal respondent. It also should include the members of
the respondent's consultant team, including architects, planners, economic/financial
analysts, engineers, contractors, marketing consultants, legal counsel, and other key
team members. Indicate any working relationship on other projects with members of the
development team proposed for this Project.
4. Identify the roles and submit resumes for the principals of the firm, project managers
and key individuals who will be involved in the development, implementation, and
operation of the Project. Indicate the individual who will be overall charge of the project
for the respondent on a day-to-day basis.
S. Indicate approximately what percentage of firm capacity would be devoted to the
Tustin Legacy project, relative to other ongoing projects in the respondent's portfolio.
6. For each member of the Respondent's team, identify any past or pending legal or
arbitration proceedings, or any motion to bar that firm or individual from working for a
public agency as a result of professional actions or omissions. Please provide details of
any such proceedings or debarment.
DEVELOPMENT CONCEPT
This is not a request for proposals, and it is understood that respondents will not have worked
out a detailed development strategy and business plan at this point. Nevertheless, the City
wishes to have an understanding of how respondents will generally approach development of
the Hangar 29 Complex.
The adopted Specific Plan and FEIS/EIR define the program of uses and the development
envelopes for the site. However, the selected Respondent will be required to work closely with
the City to create a viable Master Development Plan and Business Plan. This section of the
submittal is intended to elicit the respondent's initial thinking on development strategy. Please
provide the following information (not to exceed 10 pages).
Provide a narrative description (no more than five pages) of the programmatic site
development concept for use of the Hangar 29 Complex (Buildings 29 and 29A) and
surrounding site and its relation to the land use designations of the MCAS Tustin Reuse
Plan. Include comments on the desirability and feasibility of using the historic blimp
Hangar 29 Complex REI/RFP
January 3, 2005
Page 62
hangar, and a description of the expected effect on the integrity or appearance of the
hangar.
Provide a description of how the project would be compatible with and would not
adversely affect the economic viability of the proposed use of the Hangar 28 Complex
(County of Orange parcel).
Describe generally any additional infrastructure requirements (beyond those existing or
proposed in the Reuse Plan) that would be required to operate and maintain the
property in accordance with applicable codes, including utility connections and services.
A summary (approximately three pages or less) of the Developer's sense of
opportunities and constraints affecting development of the project, and the relationship
of the site to surrounding uses, critical land development issues that need to be
addressed to achieve the desired project.
FINANCIAL CAPABILITY
The City requests evidence that a respondent has the financial capacity to carry out the
proposed project and recognizes the sensitive nature of financial information. The information
requested below may, therefore, be submitted under separate cover and labeled as
"Confidential". Only two copies are required. This information will be used solely by the
Selection Committee for purposes of evaluation and will be kept confidential to the fullest extent
allowed by law:
Describe the potential funding vehicles being considered or proposed for the project,
and evidence of committed resources. In order to demonstrate access to, and capacity
to obtain, equity capital and financing resources to carry out the proposed project,
provide the information indicated below:
Summary description of the respondent's current real estate portfolio, and projects
undertaken in the last five years. Include description of business entity (e.g.,
partnerships, LLCs, etc.) and any major financial partners.
Narrative and/or tabular description of recent history (last 2-3 years) in obtaining equity
and debt financing commitments, detailing type of project, financing source, amounts
committed, and security required for debt. Include description of existing or planned
arrangements for lines of credit, credit facilities, institutional sources of debt and equity,
etc.
Provide references from financial institutions that have knowledge of previous major
financial transactions with the Developer.
Audited financial statements and balance sheets for each of the last three years. This
information may be submitted under separate cover, and will be treated as confidential.
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January 3, 2005
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List and describe all projects in pipeline including status; development schedule and
financial commitment required of the respondent; and a description of project financing
methods, sources, and amounts.
Identification of specific sources of debt/equity capital, including relationship to the
respondent (outside lender, parent company, etc.) and contact information.
Indicate respondent's capability and willingness to provide corporate guarantees or
other approaches to collateralizing financial commitments.
Indicate whether any funding sources or financial institutions have taken any adverse
action against the respondent or joint venture partner, such as terminating or restricting
the use of funds anytime during the past five years. Indicate any bankruptcies and/or
legal suits or disputes pending with financial implications for the respondent or that
could result in a financial settlement having a material adverse effect on the ability to
execute the proposed project. If so, please provide an explanation.
Identify any major contingencies, conditions, or requirements that would apply to land
acquisition, financial investment by the respondent, or other aspects of the business
transaction.
RELEVANT EXPERIENCE
Describe respondent's previous relevant experience in developing and operating similar projects
and any experience in adaptive reuse of historic properties. For each project cited include:
a) Project name and type.
b) Location, including addresses.
c) Identification and description of development entity, including any managing members, joint
ventures or limited partners.
d) Project description, including overall development concept, size, mix of uses, key tenants.
e) Photographs illustrating quality of development.
f) Development timeline (from developer selection/site control to completion of construction,
indicating phasing, if relevant).
g) Project cost, capital and financing sources used, and economic performance.
h) General description, including role of development entity, interaction with and roles of public
sector partners, method of land acquisition, unique challenges of project, any creative solutions
to development challenges, and other important aspects of the project.
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January 3, 2005
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i) Narrative description of how Developer performed in context of public/private partnership,
lessons learned, and key elements for success.
j) References and contact information for key individuals who can describe the Developer's
performance in the management of the development, along with a brief description of the
relationship of specific team members to the reference.
k) Describe the specific attributes or experience that the Developer believes uniquely qualifies
them to be selected for this project over competing development teams.
COVER LETTER SUBMITTAL
Respondents to an REI or RFP shall include an executed original of the cover letter attached as
Appendix 6 which shall bear the signature of a duly authorized officer or officers, manager or
partner of the proposing entity and shall be dated. Where a response is made by a joint
venture, each of the parties included in the venture shall comply individually with this provision.
The cover letter shall clearly identify the person or persons authorized to represent the
respondent, including contact information. Respondents are required to submit only one copy of
the completed formes) as part of their submittal, which should be included only in the original
submittal document. The letter will constitute agreement of the Respondent team that:
1. the Respondent team will comply with the Protest Procedures attached to the REI
and will not file a protest concerning the selection process unless, and only unless,
the choice of a successful Respondent is tainted by fraud or political corruption, and
that any protest the Respondent team may file in accordance with the foregoing
shall be subject to the Protest Procedures included with the REI;
2. submission of a response to the REI or RFP will constitute a firm offer to the City for
180 calendar days from the last day for receipt of proposals;
3. in the event of an Phase II RFP process and if selected as a short-listed Respondent,
a Respondent team will be required to and agrees to submit to the City an executed
copy of an Exclusive Negotiation Agreement (an "ENA") as a condition precedent to
participation in Phase II (RFP) of the selection process; and
FINANCIAL INTEREST DISCLOSURE
In order to assist the City of Tustin in compliance with prohibitions against actions by officials
with financial interests in decisions, as required by Government Code Section 1090 and the
State of California Political Reform Act (Government Code §§87100 et seq.), each respondent to
an REI or RFP as applicable, and each contractor, subcontractor, joint venturer, partner and
consultant of the respondent listed in the respondent's response to the REI/RFP, as applicable,
is required to complete and submit a Financial Disclosure Statement form provided as Appendix
7 to this REI/RFP. Respondents are required to submit only one copy of the completed formes)
as part of their submittal, which should be originally executed and placed only in the original
submittal document.
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January 3, 200S
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9.2 Phase I (REI) Submittal Instructions and Deadline
Respondents must submit fifteen (lS) bound copies of their response document and one (1)
electronic copy in Adobe PDF format on CD, in sealed envelopes or boxes labeled Response to
Request for Proposals - Hangar 29 Complex (Buildings 29 and 29A) no later than 4 p.m. PDT on
March 17, 200S at the following address:
Tustin Community Redevelopment Agency
City of Tustin
. 300 Centennial Way
Tustin, California 92780
Submittals will not be accepted by fax or e-mail.
Respondents intending to respond to the REI should also complete and return the Status
Update Form in Appendix 8 by mail, e-mail or fax in order to receive notice of the Pre-Submittal
Briefing date as well as any updates or additional infQ[mation regarding the REI/RFP. This will
allow the City to ensure that all respondents are informed of any changes, new information or
status updates regarding the project.
9.3 Phase I (REI) Evaluation Criteria
All submissions received will be reviewed based on the following criteria:
Has respondent provided required the required REI submittal information?
Does the respondent or firm appear to have the professional experience and
organization for the proposed project including the following considerations:
1. experience in Commercial/business/cultural rehabilitation projects and
reuse of historic properties
2. overall urban and architectural design, and construction quality
3. has completed similar Projects in size and construction value
4. demonstrated experience in undertaking redevelopment projects and in
with public agencies and in responding to public objectives
adaptive
working
Is the development concept compatible with the MCAS Tustin Specific plan/Reuse Plan
including land use designation, zoning designation, and the City's goals and objectives
for the property.
Does the project appear to be economically viable?
In the case of the Hangar 29 complex, does the project appear to adversely effect the
economic viability of reuse of the Hangar 28 Complex?
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January 3, 2005
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Can any unique infrastructure needs of the project be met?
Does the respondent appear to have experience in management, operation and
ownership of the types of projects/facilities to those proposed:
1. Management success in comparable undertakings
2. Experience operating developments in an urban setting
3. Success in achieving and enforcing high quality project maintenance standards
Does the respondent appear to have the financial capability to carry out the project
including the following considerations:
1. Adequate capital for the project
2. Strength of current relationships with financing sources
3. Ability to provide operation and maintenance
10.0 PHASE II (RFP) PROCESS
10.1 Introduction
Based upon the City's evaluation of the Expressions of Interest submittals, a short list of
qualified respondents may be provided the opportunity to submit a proposal (Phase II). As a
result of REI process (Phase 1), the City may also determine that no economically viable
proposal has been presented. The timeline for the Phase II RFP process will be issued at the
time that any short-list or respondents is announced. Please note, the City reserves the right to
terminate the respondent selection process at the end of Phase I, if it is determined that no
economically viable concept has been proposed in the responses to the REI.
If your firm is selected to advance to Phase II - Request for Proposal (RFP) for the development
of the Hangar 29 Complex site, you will be asked to submit a detailed "Business Plan"
addressing all of the requirements of this RFP. The items requested in the Business Plan will be
the basis on which a recommendation to the City Council will be made regarding the potential
selection of a Respondent to enter into an Exclusive Negotiation Agreement (ENA). A
recommendation will be made to the Tustin City Council based on the submission of the
Respondent's Business Plan and the judged ability of a respondent to implement this Plan
whereupon the City Council may direct staff to negotiate a Disposition and Development
Agreement (DDA) with a respondent (all terms and conditions for both processes are listed
below).
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January 3, 2005
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Interested respondents shall furnish fifteen (15) copies of the Business Plan and proposal to:
Maria Huizar
City Clerk
City of Tustin
300 Centennial Way
Tustin, California 92780
The due date for submission of the Business Plan and Proposal will be issued by a separate
notification but will not be less than 60 days from said notice.
10.2 Phase II (RFP) Submittal Information and Contents
Any short-listed Respondents shall submit a comprehensive Business Plan. The Table of
Contents listed below shall be incorporated into the Business Plan in the order shown below. All
of the items listed below must be responded to, in the order and within the parameters stated
below. Supplemental items should be added to the end of the Business Plan under a title sheet
stating as such, "Supplemental Items,"
Respondent Entity/Project Team
Approach to Developing the Site
Market Analysis
Marketing Strategy and Program
Financial Capacity
Feasibility of Project
Business Offer
Respondent Responsibilities
Supplemental Items
An explanation of what the City is expecting in each section is provided below.
RESPONDENT ENTITY/PROJECT TEAM
Respondent Project Team
Provide the name of the entity and clarify any changes made since the submittal of the
Expression of Interest. Indicate the legal status of the named entity including supporting
documents. These supporting documents should include, at a minimum, evidence of filing with
the California Secretary of State in the event the entity is any of the following: a Corporation,
Limited Liability Company or partnership (i.e., Limited Partnership, General Partnership, and
Limited Liability Partnership). If the entity is a sole proprietorship, provide evidence of a filing
with the County Clerk or County Recorder or State Income Tax filing for the most recent year,
as appropriate.
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Project Principal
Provide the name of the project principal, that is, the person and the title of the position
responsible for the oversight of the project. In addition, methods of contact should be
provided as indicated in the example below.
Principal Name, President
Respondent Entity
Street, #000
City, State zip code
E-Mail: respondent@dev.net
Direct Telephone: (000) 000-0000
FAX: (000) 000-0000
Pager: (000) 000-0000
Organization Chart
Provide an organization chart. The chart must clearly indicate the name of the person, the
person's title, associated entity and function for which that person is responsible. The chart
should, at a minimum, go down to the level of project manager. Associated consultants and
advisors (e.g. legal, financial, design/planning, market analysis, engineering, interior design,
property management, public relations, advertising, etc.) directly involved with the project must
be shown including the name of the principal, name of the related entity, and related functional
responsibility.
Respondent Background
Provide information for the following:
1. Background Information on the Respondent's Team - Provide resumes for all
individuals on the Respondent's team from the project's principal to the level of project
manager.
2. Background Information on Consultants/Advisors - Provide resumes or
background descriptions for all individuals on the Respondent's Team from the
consultant's/advisor's principal to the appropriate level of project level responsibility.
3. Statement of Functions and Responsibilities- Provide a description of the functions
and responsibilities of each of the individuals identified as the Respondent's Team and
the Respondent's Consultants/Advisors.
Approach to Developing the Site
Under this section of the proposal the Respondent shall provide narrative descriptions and
graphic illustrations of the proposed project including a clarification of any changes made since
the submittal of the Expressions of Interest. At a minimum, the Respondent must describe the
following:
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January 3, 2005
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1. Overview - Describe in a narrative and graphic/visual overview the proposed
comprehensive approach to developing the site, by addressing planning and design
concepts. Narrative and graphic displays should be interwoven in order to understand
more easily the concepts being proposed. Describe how the proposal is consistent with
the Secretary of Interior's Standards for the Treatment of Historic Properties (36 CFR
part 68). Any changes to the integrity of appearance of the historic property shall be
discussed, as well as whether the development concept and program are compatible
with the land use designations in the Specific Plan/Reuse Plan.
2. Conceptual Plans - The Respondent shall provide conceptual plans addressing the site,
land uses, circulation plans, and utilities and other features as necessary to describe
their proposal. While large scale plans may be submitted, respondents shall submit all
plans at 8.5 inch x 11 inch size as well. Information helpful in the conceptual submittal
includes:
a. Building Sites, proposed uses including gross leaseable building area.
b. A Summary including Floor-to-Area (FAR) ratios and coverage ratios by use.
c. Proposed lot configurations/parcelization scheme (if any), showing at minimum,
all easements, proposed publicly dedicated rights-of-way by entity and proposed
encroachments.
d. Location of off-street parking for the project as required by the Specific Plan.
e. Identification of any buildings and other improvements to be removed from the
site.
f. A conceptual traffic and circulation plan. Information helpful in the concept
submittal to be included would be:
(1) Conceptual street access and project integration into the roadway
backbone system planned as part of the Tustin Legacy Project.
(2) The location of primary and secondary ingress and egress access points
to the Hangar 29 Complex.
(3) The proposal for linkages and connections to surrounding neighborhoods
and future land uses in Tustin Legacy.
(4) Anticipated Average Daily Trips (ADT) projected for the proposed
development as calculated based on the Trip Generation rates identified in the
FEIS/EIR Traffic Study.
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January 3, 2005
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g. The Respondent shall provide a narrative description and conceptual landscaping
and hardscape plan including proposed streetscape and architectural design
concepts, parkway and edge treatments where appropriate. One of the City's
primary goals for the site is the integration of this project with the proposed
surrounding land uses to be developed as part of the Tustin Legacy Project. The
Respondent should demonstrate how the proposed project will integrate the site
with surrounding neighborhoods and land uses in the Tustin Legacy project.
Information helpful in this submittal would include grading concepts including
major modifications to the existing landform, if any, drainage concepts including
storm water management; potential internal walls and fence concepts; perimeter
wall concepts; any lighting concepts; refuse collection locations/ facilities; sign
and graphics concepts for the project, and any private or public outdoor spaces
delineating active and passive areas.
h. The Respondent shall provide a narrative description and graphic illustration of
the conceptual provision of on-site infrastructure and utilities as required and
discussed in this REI/RFP and the relationship to other Tustin Legacy Backbone
Infrastructure that might be systems necessary to serve the site. This
description should explain the impact of the proposed project on the existing
infrastructure capacities and planned improvements. This descriptive should also
indicate any major obstacles to the installation and operation of utilities
necessary to serve the site. Any proposed use of an interim utility service should
also be fully described.
3. Phasing Plan Concept - The Respondent shall furnish any phasing plan concept
indicating the anticipated development schedule for all program components of the
project. The plan should indicate phasing boundaries and the sequence in which those
phases will be developed. The phasing plan should indicate, at a minimum, land use
and product types. All related statistical information (proforma) for each phase should
be included as well as a combined development program for the total project.
4. Approach to Operation and Management - The Respondent shall provide a
description of the operation and management that ensures long-term maintenance of
project quality and facilities. This shall include identification of the organization or entity
that will be responsible for property management including: estimated operating
expenses, including common area maintenance costs, marketing costs, leasing
commissions, utility costs (if applicable), property taxes (if applicable) as well as any
reserve funds to be established. Describe the on-going management structure that will
be implemented to ensure a high quality of operations and maintenance for the project.
A list of at least five (5) references that have knowledge of the respondent's ability to
manage, operate, and develop the projects similar to the one proposed.
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S. Marketing Strategy and Program - The Respondent should describe the overall
marketing strategy and anticipated programs that will be used in carrying out this
strategy including product positioning and target marketing. The type of tenants
envisioned for the Project, by providing information and letters of interest from primary
anchor tenants. The Respondent should also show the marketing budget in the
feasibility analysis as a percentage of gross income.
Financial Capacity
The City is seeking to determine the ability of the Respondent to finance the project in its
entirety.
Submission of Financial Statements - The Respondent must submit signed financial
statements for the last two years (calendar or fiscal years). Two officers of the entity
must sign these financial statements; one must be the Chief Financial Officer. The
Respondent's financial statement will be kept confidential to the extent allowed by law.
The Respondent should refer to California Government Code §62S0-6268 and the case
law decisions for further information.
Sources of Funds - The Respondent must indicate the how the project will be financed
including debt and equity. For the purposes of this submission, the Respondent must
demonstrate how the total cost of developing the project is proposed to be financed in
its entirety and by phase.
Equity Capital - The Respondent must submit, as applicable, the following information.
1. Sources of Equity - Proposed sources of equity including internal and investor
financing for the project in its entirety and by phase. A statement must be
signed by at least two officers of the Respondent's entity, one of which must be
the Chief Financial Officer confirming the proposed sources of this equity. Please
note that the selected Respondent will be required to establish an account in
which cash and cash equivalents will be retained, indicating the willingness of the
Respondent to establish a project account containing the project required equity.
2. Uses of Equity - Amount of equity and percentage of the total cost of
development for the entire project.
3. Distribution of Equity - by phase including the percentage of the total cost for
each phase.
4. Form of equity - including cash and cash equivalents. The form of equity should
be shown by phase.
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Debt Capital - If debt funding is proposed to be used, the Respondent must
demonstrate the availability of funding source(s) from at least two lenders. In the event
that the income stream for a proposal includes funds from other types of sources, such
as grants from government or non-profit institutions, the proposal must include
statements from such sources that the requisite funds will be made available if the
proposal is accepted. These funding sources can be demonstrated by providing
commitment letters from viable sources (e.g., insurance companies, pension funds,
banks, investment funds). The commitment letters must indicate, at a minimum, the
following:
1. Amount of loan(s), by phase if applicable.
2. Form of loan(s) the lender(s) is willing to finance including the basic terms and
conditions of the loan(s) including convertible debt and equity participation.
3. How the lender(s) would propose that the Respondent collateralize the loan(s), if
applicable.
The Respondent must disclose the relationship between the lender(s) and the
Respondent. If the relationship is not arm's length in nature, that is, the Respondent or
any of the persons on the Respondent's team have an interest in a lender's entity; the
Respondent must disclose the nature of the relationship.
Feasibility of Project
The Respondent shall provide two financial feasibility proformas, one will be a Static Analysis
and the second will be a Cash Flow Analysis. The Static Analysis must show the project as if
the project were completed in one phase at build-out. The Cash Flow Analysis shall address, if
applicable, phasing and fund disbursements over the term of the project. All assumptions, with
the exception of interest costs associated with debt, should be consistent with the Static
Analysis.
All assumptions in both the Static and CF Analyses must be explained and assumptions
shall be consistent with the with the items previously addressed in the Business Plan
including the Approach to Developing the Site, Market Analysis, Marketing Strategy and
Program, and the Sources of Funds.
a. Static or Build-out Analysis - The Respondent must provide a static analysis
accompanied by a narrative explaining all assumptions. The format used in the
analysis provided is broken down into three general categories: 1) the estimated
Cost of Developing the Site; 2) Revenues anticipated at stabilization; and 3) Value of
the project at stabilization. Assume stabilization at the end of the 3rd year after
property conveyance. All costs and revenues in this static analysis shall be shown in
2005 dollars.
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b. Cash Flow Analysis - The Respondent must provide a complete proforma showing
the first five years and the tenth year of the project's operation, identifying the
values and assumptions for:
1. Lease rates, both gross and triple net, where applicable;
2. Other potential income, such as common area maintenance assessments,
common marketing assessment, etc.;
3. Estimated vacancy factor;
4. Estimated operating expenses, including common area maintenance costs,
marketing costs, leasing commissions, utility costs (if applicable), property taxes
(if applicable), as well as any reserve funds to be established;
S. Debt service;
6. Proposed distribution, if any, of net income among the partners and the
developer;
7. Committed dates to start construction expressed in elapsed time;
8. Contingencies (i.e. occupancy timeshares, specific market or financing conditions
that could delay the project);
9. Anticipated rates of return.
The submitted Cash Flow Analysis must show the project on an annual basis by
phase and product type. The Respondent may use escalation factors; however, any
escalation rates or other assumptions used must be clearly indicated. As previously
noted, all assumptions used in this analysis must be explained or referenced in an
accompanying narrative. The Respondent must also show the following Measures of
Profitability:
Internal Rate of return (IRR)
Net present value (NPU) using both an annual discount rate of 8% and
15%
Return on Equity
c. Submission of Analyses in Electronic Format - In addition to a written
submission, the Respondent must submit both the Static Analysis and Cash Flow
Analysis, in an electronic format, either on 3'f2-inch magnetic "floppy" disk or on a
standard CD-ROM disk (writable 'R' disk only, 'R/W' read/write disk is not
acceptable). The models used in the analyses must not be "protected" or "locked."
All assumptions must be clearly delineated and a separate narrative description of
the assumptions. Variables used in these analyses are not to be embedded; all
variables must be located in the assumptions section of the model.
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Acceptable electronic formats are Microsoft Excel 2000 (version 9.0) or Microsoft
Excel 2002 (version 10). The City will also accept analyses developed using a
dedicated real estate software application provided all the information requested in
this section of the RFP can be produced with the software; however, the Respondent
will be expected to fund the City purchase of a current version of the appropriate
software. If the Respondent chooses this later option, a check for the required
software must be submitted simultaneous with the submission this Business Plan.
No conversions from the dedicated real estate software to Excel will be accepted
without the accompanying formulas in the spreadsheet. All numbers requiring
calculation must have formulas.
Business Offer
The Business Offer by the Respondent must be submitted in two sections.
Offer for the Site - The site will be conveyed to the Respondent in two phases. Until
the Hangar 29 Complex LIFOC parcel is conveyed by the Navy to the City, the selected
Respondent will be required to sublease the LIFOC parcel from the City and exercise the
City's rights under the LIFOC agreement with the Navy. In proposing, the Respondent
shall identify the following:
a. Base Price - A Base Lease price shall be offered for the Hangar 29 Complex
which is a market rate lease value.
b. Purchase Price - A fair market value purchase price shall be offered for the
Hangar 29 Complex. Until the conveyance of the parcel, the Respondent shall
enter into a lease agreement with the City.
It is important to note that the Fair Share Backbone Infrastructure Obligation Fee
shall not be included in the proposed Purchase Price, this is a fee and shall be
treated in the same manner as any other fee required for the development of the
site.
c.
Other Financial Tender to the City - The proposing Respondent should
identify by separate description, any other financial offer to the City in addition to
the lease price and purchase price (i.e., Respondent's willingness to share future
revenue the City in the form of project participation). Participation proposed on
annual income should be offered as a percentage of gross sales or lease annual
income, not net income. Any refinancing and sale participation should be offered
as a gross percentage of the total amount refinanced or the gross sales
proceeds, as applicable. Any proposed additional financial tenure should also be
separately identified at the present value (2005). The proposing Respondent
should provide an example of how the proposed participation, if any, shall be
calculated.
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Cover Letter, Financial Disclosure and Certification and Agreement to Respondent
Responsibilities - Respondents shall submit an applicable cover letter as shown in Appendix 6
and financial disclosure required in Section 9.1. The proposing Respondents shall submit a
signed form with Respondent's certification and acknowledgement of all of the Respondent
Responsibilities identified in this REI/RFP. The form to be signed and submitted is provided as
Appendix 9 of this REI/RFP.
Supplemental Items - The Respondent is allowed to submit related information in this
section. Information must be clearly delineated as to the purpose of the submission and its
relevancy to the Business Plan.
10.3 Phase II (RFP) Evaluation Criteria
The goal of each Respondent in response to this RFP should be to prepare a comprehensive
Business Plan that best fulfills the objectives of the REI/RFP. The Respondent should use
creativity in the submission of the Business Plan. From these evaluation criteria a Respondent
may be selected to enter into an Exclusive Negotiation Agreement (ENA) and subsequent
Disposition and Development Agreement (DDA). It is possible too that a determination is made
by the City that an economically viable proposal was not submitted.
All submissions received will be evaluated based on the criteria listed below. It is important to
note that all criteria will not be weighted equally. The proposing Respondent should keep in
mind that the City is considering a Business Offer. The net benefit to the City will take into
consideration the purchase price offer and the City's risk in incurring financial liability both
short-term and long-term.
Responsiveness To RFP - The Respondent's submission shall be responsive to the
requirements put forth in the RFP.
. Approach to developing the site - The proposal must be consistent with the
requirements of this RFP, the MCAS Tustin Specific Plan/Reuse Plan and EIS/EIR.
Business Offer - The proposing Respondent's Business Offer will be evaluated taking into
consideration the net financial benefit to the City of Tustin, including the Business Offer. In
addition, the City will take into consideration the Respondent's proposed responsibilities for
developing the site including both on-site and off-site improvements required for
development of the site, liabilities and risks of the City.
Economically Viable - The proposal shall display adequate financial evidence that the
proposed project is economically viable? As stated in the MOA, "the term 'economically
viable adaptive use' means a proposed use that maintains the historic and architectural
integrity of the structure and that generates sufficient income so as not to require the
infusion of local tax dollars or local public funds and provides for required 'fair share'
infrastructure contributions and development costs, including land acquisition at fair market
value of the Hangar 29 Complex."
Hangar 29 Complex REI/RFP
January 3, 200S
Page 76
Experience of Development Team - The proposal shall provide adequate evidence that
the Respondent has the requisite personnel who have the necessary experience and
expertise to manage the project described in the proposal.
Historic Preservation/Adaptive Reuse - The proposal shall provide adequate evidence
that the project will be consistent with the Secretary of Interior's Standards for the
Treatment of Historic Properties (36 CFR Part 68). The Respondent must demonstrate a
record of successful development either directly or through close association with
comparable projects in the last ten (10) years with the background of the Respondent's
principals clearly demonstrated. The Respondent's consultants must also demonstrate a
record of successful development directly or through close association with comparable
projects in the last ten (10) years. A commitment of staff and resources to this project
must be demonstrated such that the project will proceed in a timely manner, at the level of
quality necessary for a project of this scope.
Self-Sustaining - The proposal shall provide adequate evidence that the proposer has the
financial capacity and means to carry out the project and provides for the required "fair
share" infrastructure contributions and development costs, including land acquisition costs
at fair market value. The Respondent must demonstrate that sufficient sources of funds will
be available to complete the project at the standards proposed.
Implementability - The proposal shall provide adequate evidence that the development of
all program components will be implemented in an orderly and timely manner.
10.4 Ranking of Phase II (RFP) Respondents and Selection
All submitted Business Plans will be reviewed by the City of Tustin including staff and
Consultants to the City and a Technical Evaluation Committee. The Technical Evaluation
Committee will be confirmed by the Tustin City Council and would include the Assistant City
Manager/Director of Redevelopment, other appropriate City staff, City retained technical
consultants, and may also include City Council representation. The Committee will review each
Business Plan for compliance with the requested elements contained in this REI/RFP and
requested in the Business Plan. The Committee may conduct pre-award interviews with the
Respondents; however, all Respondents will receive equal treatment with respect to
discussions, revisions or expanded information required to complete the evaluation process.
The Committee may schedule an opportunity for each of the Respondents to make, at least,
one presentation.
The Committee will rank the Respondents according to the criteria discussed in the Evaluation
Criteria listed below. After the evaluation and ranking of the RFP proposals is complete, but
before any action is taken thereon by the Tustin City Council, the City must submit a report to
the Department of Navy, State Historic Preservation Officer and Advisory Council for their
review and comment. The City Council may select a Respondent to enter into an Exclusive
Negotiation Agreement (ENA).
Hangar 29 Complex REI/RFP
January 3, 2005
Page 77
10.5 Exclusive Negotiation Agreement (ENA)
PURPOSE OF NEGOTIATING PERIOD
The term of the ENA will be established in the ENA. During this period the terms and conditions
of the Disposition and Development Agreement (DDA) may be negotiated. To establish these
terms and conditions, a Memorandum of Understanding (MOU) may be prepared to serve as
the basis in drafting the DDA.
OPTION TO PURCHASE FEE AND GOOD FAITH DEPOSIT
Simultaneously with the execution of the ENA the selected Respondent must submit a Good
Faith ENA Deposit in the amount of $100,000 payable to the City of Tustin. The deposit must
be in the form of cash or non-negotiable cash equivalent. The terms and conditions
incorporated into a DDA and lease will conform to adopted City ordinances and City Council
policies including the MCAS Specific Plan/Reuse Plan and EIS/EIR. The City will also require a
Performance Deposit upon execution of a DDA.
10.6 Questions Regarding Proposal and Process
To ensure fair consideration for all Respondents, the City requests that communication to or
with any City employee and City officials during the submission process and prior to the award
of an Exclusive Negotiation Agreement (ENA), only be conducted as herein identified. The
appropriate City employee shall initiate any communication between the proposing Respondent
and the City in order to obtain information or clarification in evaluation of the RFP.
Respondent's and their agents are not to undertake activities or actions to promote or advertise
their proposals. Any questions in the proposal process shall be addressed in writing to City staff
only.
Respondents will be informed in writing of the last day for submission of questions. Questions
may be submitted as indicated below. The Respondent assumes all responsibility for the
delivery of Respondent communications including transmittals of facsimiles or e-mail, which
may not be received. The City can only certify receipt of communications that are signed for by
representatives of the City of Tustin.
CONTACTING THE CITY OF TUSTIN
All questions should be directed in writing to:
Mr. Dana Ogdon
Program Manager
City of Tustin
300 Centennial Way
Tustin, California 92780
Phone: (714) 573-3116
Fax: (714) 573-3113
E-Mail: dogdon@!tustinca.org
Hangar 29 Complex REI/RFP
January 3, 2005
Page 78
11.0 TERMS AND CONDITIONS OF REI/RFP
CONFLICT OF INTEREST
The respondent must disclose any conflict of interest. A conflict of interest is defined as the
Respondent having a known financial interest in connection with the purchasing and
implementing of the project with a member of the governing body of the City of Tustin or to
any office or employee of the City of Tustin who exercises any functions or responsibilities in
connection with the project.
DEGREE AND NATURE OF ANY EXCEPTIONS AND CONTINGENCIES, AND MODIFICATIONS TO
FORM DOCUMENTS
If relevant, exceptions to the provisions contained in this REI/RFP shall be noted by the
respondents in their submission and be fully explained.
RESERVED RIGHTS OF THE CITY AND THE AGENCY
The City reserves the right in its sole discretion and without prior notice: to terminate this
REI/RFP; to issue subsequent REI/RFPs for the same site or sites, or variations thereof; to
revise, to procure any service by any other means; to modify the scope of the project; to
modify the City's obligations or selection criteria; and/or to take other actions which would
ultimately satisfy the City's goals. In addition, the City reserves the following rights:
BACKGROUND CHECK
By submitting Qualifications, the respondent and/or members of the development team
authorize the City of Tustin to conduct a background check associated with the submission of
submittals pursuant to this REI/RFP for development of the site. This background check may
include, but is not limited to, contacting individuals and organizations regarding capabilities,
experience, and financial capability of the respondent and members of the development team.
MODIFICATION, CANCELLATION, OR RE-ISSUANCE OF REI/RFP
The City reserves the right to modify the response requirements to this REI/RFP, including,
without limitation, request additional information, extend the due date for all submissions, and
obtain additional submissions beyond the due date. The City reserves the right to modify,
reissue, or cancel in whole or in part this REI/RFP and/or the response requirements, timing,
arrangement and method of proposal presentations throughout the selection process.
REJECTION OF RESPONSES
The City reserves the right to reject any or all of the submittals by a Respondent, including not
proceeding on the project.
DISQUALIFICATION
The City reserve the right to disqualify any development team on the basis of any real or
perceived conflict of interest that is disclosed or revealed by responses submitted or by any
data available to the City of Tustin.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 79
CITY RIGHT TO JUDGE
The City reserves the sole right to judge a respondent's representations, either in written or oral
form as to their veracity, substance and relation to the proposed project.
CITY PROPERTY
Upon submission, the REI/RFP and all collateral material shall become the property of the City
of Tustin. This REI/RFP is not a contract or commitment of any kind by the City of Tustin, and
does not commit the City to enter into an ENA. No reimbursement will be made for any costs
incurred by respondents in the preparation of the response to this REI/RFP.
ADDITIONAL INFORMATION
The City reserves the right to request additional information of respondents as deemed
necessary and appropriate by the City.
WAIVER OF MINOR DEFICIENCIES
The City reserves the right, in its sole discretion, to waive minor deficiencies, informalities
and/or irregularities in the proposals or in compliance by respondents with requirements for
submission of proposals.
PROTEST PROCEDURES AND WAIVER
Written protest proceedings applicable to this procurement ("Protest Procedures") are provided
as Appendix 10. For purposes of procurement pursuant to this REI/RFP, the term "award" as
utilized in the Protest Provisions shall be deemed to mean, as to the Phase I (REI) selection
process, the Phase I (REI) selection and as to Phase II (RFP) selection process only, Phase II
(RFP) selection. Protest of the Phase I (REI) selection or any other matter related to Phase I
(REI) or the disqualification of respondents for any reason during the Phase I (REI) or as a
result of the Phase I (REI) selection process must be filed with the City within 5 calendar days
of the date of the written notification of Phase I (REI) selection. Protest of the Phase II (RFP)
selection process must be filed with the City within 5 calendar days of the date of the written
notification of Phase II (RFP) selection. Only those respondents who are selected for Phase II
(RFP) pursuant to the Phase I (REI) selection process may file a protest with regard to Phase II
(RFP) or Phase II (RFP) selection. Except as modified hereby, all other provisions of the
Municipal Code, as it may be amended from time, shall continue to apply to this REI/RFP and
procurement process.
WAIVER
The respondent, by submitting a response to this solicitation, waives all rights to protest or seek
any legal remedies whatsoever regarding any aspect of this REI/RFP, the City's selection of any
other Respondent, the City's rejection of any or all responses to this solicitation, and any
subsequent development agreement or lease entered into by the City as a result of this or
future solicitations regarding the subject property, except for protests on the basis set forth in
the "Format and Content of Submittal" section of this REI/RFP.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 80
NO BROKERAGE FEES TO BE PAID BY CITY
The City will not pay brokerage fees to or on behalf of any party in connection with this
REI/RFP solicitation.
PRE-CONTRACTUAL EXPENSES
Pre-Contractual Expenses are defined as expenses incurred by any respondent in:
1. Preparing its proposal in response to this REI/RFP or in response to any request for
information made by the City throughout the selection process;
2. Submitting that proposal to the City;
3. Negotiating with the City on any matter related to this REI/RFP or its proposal; or
4. Any other expenses incurred by any respondent pursuant to this REI/RFP.
Respondents shall respond to this REI/RFP and future undertakings related to the REI/RFP at
their own risk and cost. The City will not payor reimburse respondents for pre-contractual
expenses.
CALIFORNIA PUBLIC RECORDS ACT DISCLOSURES
The respondent acknowledges that proposals are subject to public inspection under the
California Public Records Act unless exempted by law. If the respondent believes any
information submitted should be protected from such disclosure due to its confidential,
proprietary nature or other reasons, it must identify such information and the basis for the
belief in its non-disclosure. Notwithstanding that disclaimer, it is the intention of the City to
keep all proposals confidential until such time as real estate negotiations are successfully
concluded for the property described in this REI/RFP.
EQUAL OPPORTUNITY PARTICIPATION
By submitting its proposal, the respondent agrees to comply with the Equal Employment
Opportunity and Non-Discrimination provisions set forth in this REI/RFP in carrying out its
proposed project.
DISCLAIMERS
This REI/RFP is not a contract or a commitment of any kind by the City and does not commit
the City to enter into an ENA, disposition and development agreement, purchase and sale
agreement, ground lease, or any other agreement, or to accept any part of any proposal,
including, without limitation, a selected proposal, or to pay any costs incurred in the submission
of any proposal. The contents of this REI/RFP and any and all Attachments, Appendices and
Exhibits referenced are not warranted or guaranteed by the City, and respondents are urged to
make independent investigations and evaluations as they deem advisable and to reach
independent conclusions concerning the statements made in this REI/RFP. It is the
responsibility of the recipient of this REI/RFP to assure itself that information contained herein,
including that in the Appendices and the Attachments, is accurate and complete; neither the
City nor its consultants provides any warranties, guarantees or assurances in that regard.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 81
Appendix 1
Memorandum of Agreement Among the Department of the Navy, the California
State Historic Preservation Officer, and the Advisory Council on Historic
Preservation for the Disposal and Reuse of Marine Corps Air Station Tustin
(December 1999)
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Memorandum of Agreement
Among the
Department of the Navy, the
California State Historic Preservation Officer,
and the
Advisory Council on Historic Preservation
for the Disposal and Reuse of
Marine Corps Air Station, Tustin, Orange County, California
. .
WHEREAS. the Department of the Navy (DoN), has determined that the disposal and reuse of
Marine Corps Air Station Tustin (MCAS Tustin), pursuant to the Defense Base Closure and
Realignment Act of 1990, will have an adverse effect upon Hangars 28 and 29 which were
included on the National Register of Historic Places in 1975, and other elements that, when
combined with Hangars 28 and 29, were determined eligible for inclusion in the National
Register of Historic Places as part of a discontiguous historic district in 1996. The eligible
elements include buildings 28A and 29A, mooring mats 1, 2, 3, 4, and 5, and the roads that
connect these elements with Hangars 28 and 29. The district is depicted on Appendix A; and
WHEREAS, no archeological sites or deposits remain at MCAS Tustin, as documented in
several surveys; and
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WHEREAS, DoN received no expressions of interest from any of the approximately 100 Native
American Tribes that were provided an opportunity to request excess federal property at MCAS
Tustin in 1992 and 1993: and
WHEREAS, DoN consulted with the California State Historic Preservation Officer (SHPO) and
the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR Part 800,
-regulations implementing Section 106 of the Nationall:iistoric Preservation Act (Act); and
--
WHEREAS, the City of Tustin, California (City), recognized by the Department of Defense as
the local redevelopment authority (LRA) for MCAS Tustin, has developed a reuse plan for
MCAS Tustin which may preserve Hangars 28 and 29 and buildings 28A and 29A, has
participated in the consultation, has been invited to be a signatory to this Memorandum of
Agreement (MOA), and has agreed to assume certain responsibilities and obligations under this
Memorandum of Agreement; and
WHEREAS, the reuse plan for MCAS Tustin necessitates the demolition of the remainder of the
historic district, which include mooring mats 1, 2, 3, 4, and 5, and the roads that connect these
elements with Hangars 28 and 29; and
WHEREAS, the County of Orange (County) proposes to reuse Hangar 28 and building 28A for
recreation and ancillary entertainment, retail, and special event uses as part of a regional park
for which a public benefit conveyance through the Department of Interior, National Park Service
(NPS) is proposed. and has participated in the consultation, has been invited to be a signatory
to this MOA, and has agreed to assume certain responsibilities and obligations under this
Memorandum of Agreement; and
WHEREAS, the Department of Interior, National Park Service (NPS), acting as the federal
agency sponsoring the proposed public benefit conveyance of Hangar 28 and building 28A to
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the County of Orange pursuant to 40 U.S.C. 484(k) has been invited to be a signatory to this
MOA; and
WHEREAS, the California Preservation Foundation (CPF), Tustin Area Historical Society, Irvine
Historical Society, Orange County Historical Society, and Heritage Orange County, Inc. were
invited to participate in this consultation and have been kept informed of all consultation efforts
for this MOA;
NOW, THEREFORE, DoN, the SHPO, and the Council agree that the lease, disposal and reuse
of MCAS Tustin shall be implemented in accordance with the following stipulations in order to
take into account the effect of the undertaking on historic properties.
STIPULATIONS
In the event that disposal of MCAS Tustin is selected by the appropriate decisionmaker and
memorialized in the appropriate National Environmental Policy Act (NEPA) document, DoN will
ensure that the following measures are carried out:
....
I.
HANGARS 28 AND 29 AND HISTORIC DISTRICT
A. Historic American Building Survey (HABS)
The National Park Service (NPS) has advised DoN pursuant to Section 11 O(b) of the Act
regarding the level of HABS recordation appropriate for Hangars 28 and 29 and the
discontiguous historic district. DoN shall complete the recordation prior to conveyance of any
property within the discontiguous historic district and shall ensure that copies of the recordation
are made available to the SHPO, the City, and to any local or other archive facilities designated
by the SHPO.
B. Curation of Architectural Drawings, Photographs, and Archival Materials
Within 90 days from execution of this MOA, DoN shall donate original or reproducible
copies of plans and architectural drawings and other archival materials and records, as
available, concerning the layout and the buildings and structures that made up the original Navy
lighter-than-air blimp facility to a local curation facility that meets the requirements of 36 CFR
part 79. The City or its designee will also be provided with copies of these materials.
C. Other Measures
With the exception of Hangars 28 and 29 and buildings 28A and 29A, which are
addressed in Stipulation II, upon completion of the tasks described in 1.A and 1.8 above, no
other measures will be required to mitigate adverse effects to the eligible discontiguous historic
district.
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BUILDINGS 28 AND 28A (HANGAR 28 COMPLEX) AND
BUILDINGS 29 AND 29A (HANGAR 29 COMPLEX)
NPS involvement under this MOA shall be with respect to the Hangar 28 Complex only.
If the Hangar 28 Complex is not conveyed to the County of Orange by NPS, NPS shall have no
further responsibilities or obligation under this MOA.
As described in the LRA reuse plan for MCAS Tustin, preservation of the Hangar 28
Complex is dependent upon its marketability for economically viable adaptive uses. The
County, the most likely initial transferee of the Hangar 28 Complex, does not propose to expend
general fund revenues for the preservation of the Hangar 28 Complex. The County seeks to
have the 85 acres surrounding, and including, the Hangar 28 Complex, be used in a manner
consistent with the land uses specified in the MCAS Tustin SDecific Plan/Reuse Plan and
Errata, dId October 1996, and dtd September 1998. For either a Federal Lands to Parks or
Historic Monument program use, the County will seek to have part or the entire Hanger 28
Complex adaptively used by the private sector through a concession agreement.
II.
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As described in the LRA reuse plan for MCAS Tustin, preservation of the Hangar 29
Complex is dependent upon an economically viable adaptive use being identified. The City does
not propose to expend local tax dollars for the preservation of the Hangar 29 Complex. The City
seeks to have the parcel that includes the Hangar 29 Complex and the surrounding parcels, all
defined as the Community Core (Neighborhood Dj, developed by private developers in
accordance with the land uses specified in the MCAS Tustin Specific Plan/Reuse Plan and
Errata, dId October 1996, and dtd September 1998.
..:.'
A substantive effort must be made to determine whether there is an economically viable
adaptive use of the Hangar 28 Complex and the Hangar 29 Complex. DoN, SHPO, and the
Council agree that this shall be accomplished through a comprehensive marketing effort for
each complex that is carried out in accordance with the guidelines contained in Appendix C.
-.
A. Marketing Efforts for Adaptive Use
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1. The City/County may initiate the comprehensive marketing effort for the
complexes at any time after the NEPA Record of Decision.
2. During the marketing period, the City/County and its designated representatives
shall keep DoN, NPS, and SHPO apprised of the status of the marketing efforts
and shall provide any written information requested by those agencies.
-
3. Notwithstanding the provisions of Stipulation XIV, DoN, NPS, and SHPO shall be
afforded 45 days from receipt of the report required pursuant to Appendix C to
determine if the marketing effort has been in compliance with the terms of this
MOA or other measures agreed upon by the City/County, DoN, NPS, and SHPO.
4. If DoN, NPS and SHPO determine that the marketing effort has not complied with
the terms of this MOA or other measures agreed upon by the City/County, DoN,
NPS, and SHPO, DoN shall consolidate all comments and obtain agreement on
a consolidated written determination. DoN shall forward this detenmination,
including a description of the actions required to complete the marketing effort, to
the City/County. If the parties cannot resolve any issue regarding the marketing
effort. any party may invoke the provisions of Stipulation XI.
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B. Historic Preservation Measures
1 . If the marketing effort identifies an economically viable adaptive use of either
of the complexes, that complex will be encumbered by a historic preservation
covenant consistent with Appendix B or by other preservation restrictions
acceptable to NPS and/or SHPO. In the case of the Hangar 28 Complex,
these measures shall balance the needs of the adaptive use and the needs
for effective operation of the Federal Lands to Parks or Historic Monument
programs.
2. If NPS andlor SHPO determine that, despite a marketing effort which
complies with the terms of this MOA or as agreed to by the City/County, NPS,
and/or SHPO, an economically viable adaptive use of the Hangar 28
Complex and/or the Hangar 29 Complex was not identified, NPS and/or
SHPO shall promptly advise DoN and notify the City/County that the
mitigation measures in Stipulation III are required.
III.
MITIGATION MEASURES
The County shall be responsible for completing the following mitigation measures in the
event the Hangar 28 Complex is conveyed without a historic preservation covenant or
restriction. The City shall be responsible for completing the following mitigation measures in the
event the Hangar 29 Complex is conveyed without a historic preservation covenant or
restriction. Notwithstanding these obligations, the County and City may agree to collaborate to
complete a single history, exhibit and video. These measures shall be completed before any
modifications to the affected hangar complex(es) may commence or the complex(es) is
transferred without a covenant. If modifications conform to the items listed in Appendix D, no
mitigation is required.
A. Written History-
The CitylCounty will prepare an illustrated history report on the MCAS Tustin, with
emphasis on the initial construction of the air station and its World War II Navy
lighter-than-air operations. The CitylCounty shall provide a scope of work for this
report and draft reports to the DoN, SHPO, the Council, and the consulting parties for
review and comment as provided in Stipulation XIV. A professional quality
reproducible copy of the report will be distributed to the SHPO, DoN, County, and
City.
B. Exhibit-
The City/County will prepare a professional quality illustrated interpretive exhibit with
emphasis on the initial construction of the air station and its Word War II Navy
lighter-than-air operations. The exhibit will be displayed in a location that will allow
viewing by the public. The City/County shall develop the plans for the exhibit and
provide them to the DoN, SHPO, the Council, and consulting parties for review and
comment as provided in Stipulation XIV.
'.,'
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C, Interpretive Video-
1, The City/County shall prepare a professional quality documentary video that shall
not exceed 30 minutes in length and combine still photographs, any available
historic film footage, current film or video footage, oral interviews, narration, and
appropriate music documenting each hangar. The City/County shall provide a
concept plan for this documentary video to the DoN, SHPO, the Council, and the
consulting parties for review and comment as provided in Stipulation XIV.
r-:
2. The City/County shall undertake a one-time distribution and outreach program for
the documentary video, This effort will include producing, packaging, and
distributing tapes for broadcast and to local public libraries, schools, and
interested organizations.
IV.
CARETAKER MAINTENANCE
Until the Hanger 28 and/or Hanger 29 Complexes are conveyed or leased, DoN shall
protect and maintain these properties at minimum levels recommended in the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Bui/dings
(Standards). Such activities will not require further consultation,
V.
LEASING AND LICENSING ACTIVITIES
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A. In order to reduce caretaker costs and/or to further the redevelopment of the
installation, DoN may enter into leases and licensing agreements for properties at MCAS
Tustin. All real estate leases and licensing agreements shall include provisions that the
lessee or licensee shall not undertake any activity, including, but not limited to,
construction, demolition, alteration or repairs (collectively "work') to the hanger
complexes, except in accordance with paragraph V.B.
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.,
-,
B. DoN shall require all lessees to submit to DoN for review and approval any
proposal for work on the Hangar Complexes. Work may proceed upon written approval
from DoN that the work scope conforms to the Standards. No f,urther consultation with
the SHPO or ACHP shall be required unless DoN determines that the work scope
cannot be modified to conform to the Standards. If DoN determines that the work scope
cannot be modified to conform to the Standards or completed work does not conform to
the Standards; DoN shall immediately comply with 36 CFR §§ 800.5(d)(2) and BOO.6.
Any requested documentation shall be completed to the satisfaction of DoN, SHPO,
and/or the Council at the expense of the lessee. It is agreed that the following will not
require further consultation with the SHPO and/or ACHP, if approved by DoN: painting
interior and exterior surfaces that have been previously painted in non-traditional colors
for temporary uses. if there is a bonded agreement that the property will be restored to
its original color scheme when the temporary use is complete.
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VI.
PERSONNEL QUALIFICATIONS
DoN, in cooperation with the signatories, as applicable, shall ensure that all historic
preservation work pursuant to this MOA and involving the planning for and physical
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rehabilitation of historic structures is carried out by or under the direct supervision of a person or
persons meeting, at a minimum, the Secretary of the Interior's Professional Qualification
Standards (48 FR 44738).
VII.
REPORTING
DoN, in cooperation with the City and County, shall provide bi-annual status reports to all
signatories and consulting parties in compliance with the MOA. DoN will notify all parties when
all the terms of the MOA have been satisfied.
VIII.
DISCOVERIES
The City and County shall notify the DoN as soon as practicable if it appears that
redevelopment of MCAS Tustin will affect a previously unidentified property that may be eligible
for inclusion in the National Register or affect a known historic property in an unanticipated
manner. The City and County shall stop construction in the vicinity of the discovery and will
take all reasonable measures to avoid or minimize harm to the property until the DoN concludes
consultation with the SHPO. If the newly discovered property has not previously been included
in or determined eligible for inclusion in the National Register, the DoN may assume that the
property is eligible for purposes of this MOA. The DoN will notify the SHPO at the earliest
possible time and consult to develop actions that will take into account the effects of the
undertaking. The DoN will notify the SHPO of any time constraints, and DoN, the City or
County, and the SHPO will mutually agree upon time frames for this consultation. The DoN will
provide the SHPO with written recommendation that take the effects of the undertaking into
account. If the SHPO does not object to DoN's recommendations within the agreed upon time
frame, DoN will modify the scope of work as necessary to implement its recommendations.
IX.
DURATION OF MOA
This MOA shall remain in effect until aU stipulations have been fulfilled as determined by
DoN.
x.
DEFINITION OF SIGNATORIES
DoN, SHPO, and the Council are the signatories to this MOA. These agencies have
sole authority to execute, amend or terminate this agreement.
-
The City of Tustin, the County of Orange, and the National Park Service are "invited
signatories. These agencies have assumed responsibilities in this MOA.
,'.,
XI.
RESOLUTION OF OBJECTIONS
Should any signatory or invited signatory object within 30 days to any action(s) provided
for review pursuant to this MOA, DoN shall consult with the objecting party to resolve the
objection. If DoN determines that the objection cannot be resolved, DoN shall notify the
remaining parties as to the nature of the dispute and request Council participation. Within thirty
..
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(30) calendar days after receipt of all pertinent documentation, the Council will either: (a)
provide the DoN with recommendations, which the DoN shall take into account in reaching a
final determination regarding the dispute; or (b) notify the DoN that it will comment pursuant to
36 CFR 800.7 with reference to the subject of the dispute. Any Council comment in response to
such a request will be taken into account by DoN in accordance with 36 CFR §800.7(c)(4) with
reference to the subject of the dispute. Any recommendation or comment provided by the
Council will be understood to pertain only to the subject of the dispute; the DoN's, the City's or
the County's responsibility to carry out all actions under this MOA that are not the subject of the
dispute will remain unchanged.
XII.
PUBLIC OBJECTIONS
At any time during the implementation of the measures stipulated in this MOA should an
objection be raised by a member of the public regarding the lack of compliance or violation by
any party of the terms of this MOA, DoN shall take the objection into account, notify SHPO and
the Council of the objection, and consult as needed with the objecting party.
XIII.
AMENDMENTS TO THE MOA
Any signatory, including invited signatories, to this MOA may request that it be amended,
whereupon the signatories and the consulting parties will consult in accordance with 36 CFR
§800.6(c)(7) to consider such amendment. Such a request shall be supported by adequate
documentation.
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XIV.
REVIEW AND COMMENT PROCEDURES
Whenever a Stipulation in the MOA provides for review and comment by SHPO, the
Council, or consulting parties, the SHPO and consulting parties will be allowed 30 days after
receipt of all pertinent documentation, and the Council will be allowed 40 days after receipt of all
pertinent documentation to provide comments to the requesting party. The requesting party
shall immediately forward copies of all comments received to facilitate review. The failure of
any signatory or consulting party to comment within the timeframes shall not prevent the
requesting party from finalizing the document provided for review. Any objections to the
submitted documents or actions provided for review shall be resolved pursuant to Stipulation
XIV.
~-.
XV.
FAILURE TO CARRY OUT THE TERMS OF THIS MOA.
-'.
In the event that the terms of this MOA are not carried out, DoN shall notify the
signatories and the consulting parties and request further comments of the Council pursuant to
36 CFR part 800. If DoN cannot carry out the terms of the MOA, neither DoN, NPS, the County,
nor the City will take or sanction any action or make an irreversible commitment that would
result in an adverse effect to the historic properties covered by this MOA, or that would
foreclose the Council's consideration of modification or alternatives that could avoid or mitigate
the adverse effect on historic properties until the commenting process has been completed.
-7-
_.
-
I
EXECUTION OF THIS MEMORANDUM OF AGREEMENT by DoN. the SHPO. and the Council
and implementation or its terms. is evidence that DoN has afforded the Council an opportunity to
comment on the disposal and reuse of MCAS Tustin and Its effects on historic properties and
that DoN has taken ¡nIX! account the effects of the undertaking on historic properties.
BY
Date: II It K/7'i
W.G. don . ,
Major nera!. U. S. Marine Cllfps
Commander, Merine Corps PJr BBB" Western Area
By:
SERVATION OFFICER
Date: 1)" ~6 -9 9
ADVISORY ~"~CIL ONcU:RESERVATION .
BY ~f'Ut - . Date: ,-,j'"3/çc¡
John FowIor
Executive Director
INVITED SIGNATORIES
CITY OF TUSTIN
1M;;if#
Lois JefIr8y 0
CIty A!tomey
.City"
City of Tustin
Approved as to Fonn:
COUNlY OF O~
By: ;:r' /. -
Date: ~2-1./5"
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-8-
11
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Appendix A
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DINGERAV
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REUSE PLAN BOUNDARY
DISCONTIGUOUS HISTORIC DISTRICT
HANGAR., (BUilDING f28)
HELIUM TANK BUilDING (BUilDING f2M)
HANGAR #2 (BUilDING #29)
HELIUM TANK BUILDING (BUILDING f29A)
CONNECTION ROAD FOR MOORING MATS "'-16
CONNECTION ROAD FOR MOORING MATS" -f3
MOORING MAT"
MOORING MAT f2
MOORING MAT f3
MOORING MAT ...
MOORING MAT fs
MOORING MAT 16 (PREVIOUSLY DEMOLISHED)
0
Discontiguous Historic District
2000 Feet
..........
MCAS Tustin EISÆIR
99O1T.,ri"\Fi"""'i,',"IDi,~",~. SI1/99
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APPENDIX B
Architectural Preservation Covenant
Grantee hereby covenants on behalf of itself. its successors and assigns. to the United States of
America, acting by and through the Department of the -' to preserve and maintain Hanger - and
Building _A, (hereinafter referred to as '1he Buildings") located in the City of Tustin, County of Orange,
State of California, more particularly described in the legal description attached hereto as Exhibit -' in
a manner that preserves and maintains the attributes that contribute to the eligibility of the Property for
the National Register of Historic Places. Such attributes include exterior features (such as facades and
fenestration, scale, color, materials and mass) and interior features (including the heavy timber trusses
and connecting systems).
(1) The Buildings will be preserved and maintained in accordance with The Secretarv of Interior's
Standards for the Treatment of Historic Properties and Guidelines (National Park Service). No
construction, alteration, rehabilitation, remodeling, demolition, disturbance of the ground surface or other
action shall be undertaken or permitted to be undertaken on said property that would materially affect
the integrity or appearance of the attributes described above without the prior written penmission of
the_, and signed by a fully authorized representative thereof.
(2) Upon acquisition of the property, the Grantee will take prompt action secure the property from the
elements, vandalism and arson, and will undertake any stabilization that may be required to prevent
deterioration. Grantee will make every effort to retain or use, to the extent practicable. the Buildings.
(3) In the event that archeological materials are encountered during construction or ground-
disturbance activities, work shall cease in the immediate area until the - is consulted and provides
written penmission to recommence work, Should the - require, as a condition of the granting of
such penmission, that the Grantee conduct archeological survey data recovery operations or other
activities designed to mitigate the potential adverse effect of the proposed activity on the archeological
resources the Grantee shall at hislher/its expense conduct such activities in accordance with the
Secretary of the Interior's Standards and Guidelines for Archeoloaical Documentation (48 FR 447344-
37) and such standards and guidelines as the _may specify, including, but not limited to,
standards and guidelines for research design, field work, analysis, preparation and dissemination of
reports, disposition of artifacts and other materials, consultation with Native American or other
organizations, and reintenment of human remains.
(4) The Grantee will allow the_, the City of Tustin, or their designees, at all reasonable times
and upon reasonable advance notice to Grantee, to inspect the property in order to ascertain whether
Grantee is complying with the conditions of this preservation covenant.
(5) The Grantee will provide the - with a written summary of actions taken to implement the
provisions of this preservation covenant within one (1) year after the effective date of the transfer of the
property.
(6) Failure of the - to exercise any right or remedy granted under this covenant shall not have
the effect of waiving or limiting the exercise by the - or any other right or remedy or the invocation
of such right or remedy at any other time.
This covenant shall be a binding on Grantee, its successors and assigns, and shall be deemed to run
with the land. The restrictions, stipulations and covenants contained herein shall be inserted by
Grantee, his/her/its successors and assigns, verbatim or by express reference in any deed or other legal
instrument by which it divests itself of either the fee simple title or any lesser estate in the Buildings, or
any part thereof.
Appendix B
- 1 -
-""
APPENDIX C
MarketinQ Plan Guidelines
Preface
~.
Generally, the purpose of the marketing plan is to provide a structured approach to the
development of sufficient market information from which it can be determined whether an
economically viable adaptive use for each complex exists. The term 'economically viable
adaptive use' means a proposed use that maintains the historic and architectural integrity of the
structure and that generates sufficient income so as not to require the infusion of local tax
dollars or local public funds and provides for required "fair share" infrastructure contributions
and development costs, including land acquisition at fair market value of the Hangar 29
Complex.
The marketing plan will clearly present the property and encourage an economically viable
adaptive use in a manner that preserves its historic and architectural integrity. Each proposal
received will be graded and ranked according to a predetermined set of criteria to ensure
selection of the proposal that offers the best preservation measures for the property.
-
The marketing plan will be based on a two-step process. The first step (Phase 1) will involve
the issuance of a Request for Expressions of Interest (REI) in a format consistent with the
provisions of the plan. Those persons submitting an Expression of Interest containing the
information required by the REI may be invited to participate in the second step of the process
(Phase 2) and to submit a proposal in accordance with the Request for Proposals (RFP). The
marketing plan will identify the criteria and rating factors that will be used by the City (Hangar 29
Complex) or County (Hangar 28 Complex) to evaluate and rank proposals received in
connection with the RFP.
~.
.-
-'
The City/County will submit a proposed marketing plan for said buildings to the NPS (for the
Hangar 28 Complex only), DoN, SHPO and the Council for review and comment in accordance
with Stipulation XIV. The marketing plan submittal shall demonstrate how the timing of the
marketing effort will not inhibit the identification and implementation of an economically viable
adaptive use for the complex(es).
-'
After the City and/or County has evaluated and ranked proposals. if any. and before it takes
any action thereon. the City and/or County shall submit a report to DoN, SHPO, NPS. as
appropriate. and the Council for their review and comment describing the results of its
marketing efforts under the plan, pursuant to Stipulation II.A.3. If the marketing efforts have not
resulted in the submission of an economically viable adaptive use proposal consistent with the
MCAS Tustin Specific Plan/Reuse Plan, the City and/or County submission shall include a plan
of action and milestones for completion of the mitigation measures required by Stipulation III.
GUIDELINES
The Marketing Plan shall include the following:
1. An information package about the property, which shall include but not be limited to:
Photographs ofthe property.
.
A map and area description.
-:..
Appendix C
-1-
Anticipated date the property will be available for redevelopment.
.
MCAS Tustin Specific PlanlReuse Plan land use designations, zoning designations,
and the LRA's goals and objectives for the property. Infonmation on how to obtain
the complete document shall be included.
Infonmation on the historic/architectural significance of the hangar complexes. This
infonmation shall include a thorough description of the improvements and the land
area available, identifying elements and character defining features of the historic
properties, which should be given special consideration in the redevelopment.
.
Excerpts from the Marine Corps Condition Assessment and Economic Analysis for
Reuse of the Historic Blimp Hangars that discuss the condition of the buildings.
Infonmation on how to obtain the complete document shall be included.
For the Hangar 29 Complex only, provided that an adaptive use for the Hangar 28
Complex has been selected, sufficient information concerning that use to enable
recipients to design proposals which will not unduly conflict with the redevelopment
of the Hanger 28 Complex.
Infonmation on available financial incentives for rehabilitating historic structures.
including but not limited to, the Federal Rehabilitation Tax Credit for Historic
Properties, funding sources seeking participation in federal rehabilitation, tax credit
projects, Mills Act, etc.
,,'
Infonmation on the existing infrastructure, including utility connections and services,
and proposed infrastructure improvements as outlined in the MCAS Tustin Specific
PlanlReuse Plan and required 'fair share' developer infrastructure contributions.
.
Infonmation on environmental and soil conditions on the property and the presence
of any hazardous materials in the vicinity of the historic property, time frame for
remediation, and anticipated impacts of those remediation activities on the use of the
property and buildings.
. An advertising plan and schedule, including a list of local, regional and national
publications and electronic communication tools where the availability of the property
will be publicized, including but not limited to, the National Association of Installation
Developers.
Infonmation to enable parties to tour the property.
.
. A distribution list of entities to which the request for Expressions of Interest will be
sent.
2. Expression of Interest Guidelines -
Respondents shall be required to submit the following information for consideration:
. Respondent's name, address, e-mail, telephone and fax number, type of legal entity,
and resumes of all principals of the finm.
..
Appendix C
-2.
-:';;1
. A description, in narrative form of no more than five pages, of the site development
concept and approach for use of the historic property in relation to the required land
use designations in the MCAS Tustin Specific Plan/Reuse Plan, and a description of
the expected effect on the integrity or appearance of the historic properties.
-"
.
For the Hangar 29 Complex only, if appropriate, a description of how the project
would be compatible with the proposed use of the Hangar 28 Complex, so that it will
not adversely effect its economic viability.
. A description of any additional infrastructure requirements above existing systems or
identified in the MCAS Tustin Specific Plan/Reuse Plan, including utility connections
and services, that would be required to operate and maintain the property in
accordance with applicable codes.
. A description, including references, of previous relevant experience in ownership,
development, and operation of similar projects to that being proposed.
-
A list of potential funding vehicles being considered or proposed and, if available,
evidence of committed resources.
. A copy of the most recent audited year-end financial statement of the respondent.
This shall be submitted as 'confidential' under separate cover.
A statement as to whether the respondent has ever filled for bankruptcy or had
projects that have been foreclosed or served a notice of default. If so, provide an
explanation of the circumstance when they occurred.
~
-,
_.
3. Evaluation criteria shall be developed and used to evaluate the Expressions of Interest.
These criteria shall be based upon the required Expression of Interest submittal information.
In addition to complying with the requirements of the REI in terms of providing information,
the following list of criteria are provided for consideration:
Does the respondent or firm appear to have the professional experience and
organization for this type of project?
--
-
Is the development concept compatible with the MCAS Tustin Specific Plan/Reuse
Plan?
-'
Does the project appear to be economically viable?
In the case of the Hangar 29 Complex, does the project appear to adversely effect
the economic viability of reuse of the Hangar 28 Complex?
Can any unique infrastructure needs of the project be met?
Does the respondent appear to have experience in developing and operating the
type of project being proposed?
Does the respondent appear to have experience in management operation and
ownership of similar type facilities being proposed?
-
Does the respondent appear to have the financial capability to carry out the project?
--
Appendix C
- 3-
-
4. Based upon evaluation of the Expression of Interest submittals, a short list of qualified
respondents shall be provided the opportunity to submit a proposal (Phase 2). As a
result of Phase 1, it may also be determined that no economically viable proposal has
been presented. The marketing plan shall include the guidelines for submitting the
proposals. These guidelines shall include:
a. Identification of the complete development team, including each member's role and
qualifications.
b. A complete description of the development concept and program, including a
detailed description of the type of improvement and changes to the property. Any
changes to the integrity or appearance of the historic property shall be discussed, as
well as whether the development concept and program are compatible with the land
use designations in the Specific Plan/Reuse Plan.
c. Description of how the proposal is consistent with the Secretary of Interior's
Standards for the Treatment of Historic Properties (36 CFR Part 66).
d. Site plans, circulation plans, utility plans, and others that may be needed to describe
the proposal.
e. A detailed statement of development costs, including the following:
.
In the case of the Hangar 29 Complex, estimated land acquisition cost;
. A breakdown of hard costs for construction, on-site improvements, oft-site
improvements and other similar costs;
. A breakdown of soft costs, including professional fees, permit fees, insurance,
legal fees, overhead, project management, and similar costs;
. A breakdown of financing costs, including points, fees. construction loan rates,
terms, and schedule;
Identification of sources of money for construction and permanent loans,
together with a description of proposed loan terms and related security devices.
The discussion should include a description of the financial incentives for
rehabilitating historic structures that are proposed to be utilized.
f. A detailed development schedule for all program components. If the development is
to be phased, a development proforma for each phase shall be provided as well as a
combined development program for the total project.
g. In the format to be provided at a pre-proposal conference, a complete operating
financial proforma will be required for the first five years of the project, and the tenth
year, identifying the values and assumptions for:
Lease rates, both gross and triple net, where applicable;
. Other potential income, such as common area maintenance assessments,
common marketing assessment, etc.;
Appendix C
-4-
Estimated vacancy factor;
_:
Estimated operating expenses, including common area maintenance costs,
marketing costs. leasing commissions, utility costs (if applicable), property taxes
(if applicable), as well as any reserve funds to be established.
Debt service:
Proposed distribution, if any, of net income among the partners and the
developer;
-
Committed dates to start construction expressed in elapsed time;
All contingencies spelled out, i.e. occupancy timeshares; specific market or
financing conditions which could delay the project;
Average rates of return anticipated.
h. Letters of interest by financial institutions for providing construction and/or
penmanent financing. In the event a proposal includes in the income stream for the
project funds from other types of sources, such as grants from government or non-
profit institutions, the proposal must include statements from such sources that the
requisite funds will be made available if the proposal is accepted.
.,
~.,
A statement of the type of tenants envisioned for the project, any interest by primary
anchor tenants and any letter of interest.
..
j.
A statement describing the marketing strategy and leasing approach for the project.
Describe the on-going management structure that will be implemented to ensure a
high quality of operations and maintenance for the project.
-.
--
k. A list of at least five (5) references that have knowledge of the respondent's ability to
manage, operate, and develop the projects similar to the one proposed.
.-'
5. The marketing plan shall also identify the criteria that will be used to evaluate the
proposals. These criteria shall be based on the information requested in the RFP
requirements. These criteria should include:
~
.
Does the proposal display adequate financial evidence that the proposed project is
economically viable?
"'-
Does the proposal present adequate evidence that the proposer has the requisite
personnel who have the necessary experience and expertise to manage the project
described in the proposal? .
Does the proposal present adequate evidence that the project will be consistent with
the Secretary of the Interior's Standards for the Treatment of Historic Properties (36
CFR part 68)?
Appendix C
- 5-
.
Does the proposal contain adequate evidence that the proposed project is
compatible with the land use designations in the MCAS Tustin Specific Plan/Reuse
Plan?
Does the proposal present adequate evidence that the proposer has the financial
capacity and means to carry out the project and provides for required "fair share"
infrastructure contributions and development costs, including, in the case of the
Hangar 29 Complex, land acquisition costs at fair market value?
Does the proposal present adequate evidence that the development of all program
components will be implemented in an orderly and timely manner?
Appendix C
-6-
Hangar 29 Complex REI/RFP
January 3, 2005
Page 100
Appendix 2
Economic Development Conveyance and Deed and
Lease in Furtherance of Conveyance Map
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January 3, 200S
Page 102
Appendix 3
MCAS Tustin Specific Plan Figure 3-1
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January 3, 200S
Page 104
Appendix 4
MCAS Tustin Specific Plan Table 3-1
Chapter 3 . Land Use and Development/Reuse Regulations
TABLE 3-1
LAND USE PLAN STATISTICAL ANALYSIS ORGANIZED BY LAND USE DESIGNATION
I ACREAGE I NON-RESIDENTIAL USES RESIDENTIAL USES
Total Floor Existing Floor Potential Floor DU's Potential Existing Total
DesignationIPlanning Area Gross 1 Net' F.A.R.3 Area (Sa. Ft.) 4 Area (Sq. FL) 5 Area (Sq. Ft.) 6 Per Acre 7 DU's. DU's' DU's'°
RESIDENTIAL
Low Densitv 1-7 dn/ad
Planning Area 4 I 54.2 43.41 N/A N/AI N/A 7 "1 301 2741 304
Planning Area 2112 - Tustin I 105.5 95.51 N/A N/AI N/A 7 "1 01 7111 711
Planning Area 2112 -Irvine I 21.6 19.51 N/A N/AI N/A 7 "1 0 1501 150
Medinm Densitv (8-15 du/ac)
Plannin. Area 5 51.7 41.4 N/A N/A N/A 15 621 0 621
Planning Area 22 12 73.4 61.0 N/A N/A N/A 15 0 402 402
Elementary School K-8 13
Neighborhood Park 13
Medium-Hi.h Densitv 116-25 du/ac
Planning Area 20 '3 1 29.4 23.51 1 N/A N/AI N/A 251 588 01 588
TransitionaVEmeroencv Honsino
Plannin ' Area 3 5.1 5.1 0.61 133,294 85,215 48,079 0 0 0 0
GolfVillaoe
Planning Area 15-A 21 48.5 38.8 N/A N/A N/A 7 272 0 272
Low Densily(I-7du/ac)
Neighborhood Park 14
Planning Area 15-821 55.2 44.2 N/A N/A N/A 15 662 0 662
Medium Density (8-15 du/ac)
Elementary School 15
Neighborhood Park 15
SUBTOTAL 444.6 372.4 N/A 133294 85215 48079 N/A 2173 1537 3710
COMMERCIALIBUSINESS
CommerciaVBnsiness
Planning Area II 78.5 62.8 0.5 1,367,784 0 1,367,784 0 0 0
Planning Area 12 8.4 8.4 0.35 128,066 29,448 98,618 0 0 0
Plannin. Area 13 43.7 39.3 0.4 684.763 0 684,763 0 0 0
Plannin. Area 14 54.0 48.6 0.4 846,806 700 846,106 0 0 0
Planning Area 16 31.0 27.9 0.4 486,130 206,640 279,490 0 0 0
Plannin. Area 17 16.3 16.3 0.4 284,011 63,289 220,722 0 0 0
Plannin. Arca 9 10.4 10.4 0.35 158,558 13,006 145,552 0 0 0
Planning Area 10 22.9 20.6 0.35 349,133 45,890 303,243 0 0 0
City of Tustin
Page 3-6
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
TABLE 3-1
LAND USE PLAN STATISTICAL ANALYSIS ORGANIZED BY LAND USE DESIGNATION
ACREAGE 1 NON-RESIDENTIAL USES RESIDENTIAL USES
Total Floor Existing Floor Potential Floor DU's Potential Existin¡ Total
Designation/Planning Area Gross 1 Net' F.A.R. 3 Area (Sa. Ft.) 4 Area (Sq. Ft.) 5 Area (Sq. Ft.) 6 Per Acre 7 DU's. DU's DU's 10
COMMERCIAUBUSINESS (CONTINUED)
Commercial
Planning Area 18 i 16.7 14.51 0351 40,8461 40,846 0 1 0 01 0
Planning Area 19 38.6 38.6 0.41 672.5661 3.990 668,576 0 0 0
Golf Village
Planning Area 15-C.' I 10.01 10.01 oIT 217,8001 8,106 209,6941 I 0 or 0
Planning Area 15-0" 1 241 2.41 0.61 62,7261 0 62,7261 I 0 01 0
Planning Area 15-E 1 15931 159.31 1 01 0 01 I 0 01 0
Village Services
Planning Area 7 20.71 20.7 0.351 315,5921 0 315,5921 0 0 0
Communitv Core
Planning Area 8
Mixed Use 185.2 166.7 0.5 3,630,726 329,032 3,301,694 25 891 0 891
High School 16 40.0 40.0
SUBTOTAL 738.1 686.5 N/A 9,245,507 740,947 8,504560 N/A 891 0 891
I NSTITUTIONAURECREA TlONAL
learning Village
Planning Arca I " 128.0 108.1 0.3 1,412,651 822,556 590,095 0 0 0 0
Planning Area I-A
International Leamirl Village
Elementary School
Planning Area I-B
Law Enforcemen1 Training
Planning Area I-C
Children's Care Shelter
Planning Area 1-0
Child Care Center
Planning Area J-E
Child Care Center
Communitv Park
Planning Area 2 24.11 24.1 0 l'"T 40,5311 40,5311 01 0 01 0 0
Urban Regional Park 1 84.51 84.51 0.161 574,9921 496,068 I 78,9241 01 01 01
Planning Area 6 0
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-7
Chapter 3 . Land Use and Development/Reuse Regulations
TABLE 3-1
LAND USE PLAN STATISTICAL ANALYSIS ORGANIZED BY LAND USE DESIGNATION
I ACREAGE I NON-RESIDENTIAL USES RESIDENTIAL USES
Total Floor Existing Floor Potential Floor DU's Potential Existing Total
DesignationIPlanning Area Gross t Net' F.A.R. 3 Area (Sa. FL) 4 Area (Sq. Ft) 5 Area (Sa. Ft.) 6 Per Acre 7 DU's' DU's' DU'stO
INSTITUTIONAVRECREATIONAL (CONTINUED)
Ri.ht-of-Wav
Arterial Roadways 23 158.4 158.4 0 0 0 0 0 0 0
Drainage (Flood Control, Stonn 28.5 28.5 0 0 0 0 0 0 0
Drains)
SUBTOTAL 423.5 403.6 N/A 2028,174 1.359,155 669019 0 0 0 0
TOTALS: 1,606.2 1.462.5 N/A 11,406,975 2,185,317 9,221,658 0 3,064 1,537 4,601
Note,
G,",s acreage fN each Planning Area is an estimated allocation measmed from the edge of the adjacent futme arterial and "condary roadway. any public roadway shown on the Land Use Plan. and/N the
boundary of the Planning Area. The amount of land devoted to roadways shown on the Plan is calculated under the Right~of~Way designation. Actual acreages will be refined during the site pi" "d
subdivision pro,,",.
2. Net acreage is an estimated allocation b"ed on gross acreage reduced fo, intemal circulatiun (local roads) witbin a Planning Arca. Net acreage is estimated approximately for each Planning Mea. based on
pe""itted use, size of the Planning Area, and typical site planning considerations. Actual net acreages will bc rcfined dming the site plan and subdivision proms.
3. Floo, Area Ratio (FAR.) is the gro", flON area of all buildings within a Planning Area divided by the net acreage of the PI"ning Arca for pmposes of this Statistical Analysis. The FAR. column specifics
a floo' area ratio derived from an a",umed mix of uses within a Planning Mea. The mix of commmial, indus"ial, office, 00 other uses that havc bccn initially assigncd to coch Planning Mea are shown on
Table 3~3. This floor area mtio has bocn used to calculate Total flON Mca (square footage) allocated to eacb Planniog A'ea. Thc maximum flo", area ratio at which a particular use can bc developed is
specified in Chaptee 3. floor area ratio specifies development intensity fo' non~residential uses, wheeeas DO's pee am speeily maximum density fN residential uscs.
4. Total Flour Mea is the total square footage of non~residential development derived by multiplying the floor """ "tio by the net amage.
5. Exi"ing Floor A"a is the squa" footage of existing buildings by Planning Mea.
6 Potential Flom Mea i, the potential 'qna" footage of new development within each Planoing Area, assuming the 'qua" footage devoted to exi,ting stmctu" remai".
7 DO's p" Acre reflects the maximum density p" net acre at which dwelling units may be calculated. The den,ity ranges for each residential land use designation are ,peeitied in Section 2.2.1.
8. Potential DU', is the maximum numbee of new dwelHngs uni", based on the density per net acre for the Planning Area.
9. Existing DU's identifi" the existing military family housing units within each Planning Area. Tbe bachelm housing (or barrack> quarters) is accounted for in the Existing Floor Area column.
10. Total DU's is the maximum numbee of dwclHng units allocated to each Planning Mea. Even though actual gross and nct acreag" may be refined during the ,ite plan and subdivision pmce"" the maximom
numb" of dweiHng units in eacb Planning Area ,hall not exceed the numb" designated on the Statistical Analysis, except as specified in Seetiun 3.2.3.
II. The DO's per acre figure of 7.0 reHeets the maximum density of development should the existing housing be replaced by new housing.
12. A portion ofPA 21 (]50unit,) and all ofPA 22 (402 units) are located within the City oflrvine. The p"mitteddensity range in PA 22 shall not exceed ]2.5 dwelling units per acre at the high end.
13. PA 22 is within the hvinejmisdictionallimits. It includea a 20~acre allocation for a K~8 school. The preci" acreage and location will be det"mined when the Navy's Record ofOceision is issued. PA 22
also includes an 8~acre allocation for a Neighborhood Park site. The precise acreage and location will be dete""ined prior to property transfee to the City of \.vine, however, the total allowable dwelling
units inPA 22 will remain the ,"n".
] 4. PA 15~A includes a 5~acre allocation for a neighborhood p",k site. The precise acreage and location will be determined prior to final subdivi,ion map approval, howevee, the total allowable dwelling uni"
inPA 15~Awill"mainthe,"me.
15. PA 15~B includes a )O~am allocation for an Elementary School. The precise acreage and location will be deteemined when the Navy's Record of Decision is issued. If the actual acreage varies from ]0
acre" then an acreage adjustment will be made to the Medium Density designation, however, the maximum units ,hown in the Statistical A"lysis shall not be exceeded. P A 15~B also includes a 5~acre
allocation fo' a neighborhood park site. The precise acreage and location will be determined p,ior to final subdivision map approval, howevee, the total allowable dwelling uni" in PA 15~B will remain the
same.
] 6. P A 8 includes a 40~acre allocation fo," High Schoo\. The precise acreage and location will be deteemined when the Navy's Record ufO"ision is issued. Ifthe actual acreage varies from 40 acres. then the
acreage adjustment will be made to the Community Core designation, however, the total allowable 'qu",e feet ofnnn~"sidential development and maximum dwelling on its in PA 8 will remain the same
] 7. PAl is compused of numerous public conveyance uses as 'pecified in Section 2.3 and 2.4 of the Specific Plan.
18. PA I ~A includes a IO~acre allocation for an Elementary Schoo\. The p"ci" acreage and location will be determined when the Navy's Record of Decision is ismed. If the actual acrcage variea &om 10
acres, then an acreage adju,tment will be made to the Learning Village use. however, the total allowable square feet of non~r"idential development in PA I ~A will "main the same.
City of Tustin
Page 3-8
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3. Land Use and DevelC?J!mentlReuse Regulations
TABLE 3-1 (CONTINUED)
19. The "tu,1 ,mount of exi,ting square footage is 2.183,956. However. adjustment, to two Planning A'eas have been made. In PA 2. Community P"k. 40.531 existing square footage is expected to be reuscd.
In PA 5. Medium Den,ity Reaidential, the 39,485 existing 'quare footage i, expected to be replaced by midential u,,'.
20. The development inten,ity "signed to the Community P"k is .1 FAR; however, the existing 40,531 'quare feet is expected to be reu"d.
21. Planning Arca 15 is comprised of subplanning "e" 15-A through 15-E, which allocate, development potential by land use type. The subplanning "eas are not site specific on the Land Use Plan in order to
allow fo, flexibility in future mast" planning.
22. The shaded area on the Land U" PI,"ning Arm map (Figure 3-1) indicates where alternative conceptual roadway alignments for Tustin Ranch Road and Wamer Aven", could occur. Thi, statistical
analysi, a"umex the most eastedy alignment lor Tustin Ranch Road and the mo,t ,outhedy alignment fo, Warner Avenue. Ifeither final alignment diffm feom the" assumed conceptualloc",ion,- the
peovi,ion, of Section 3.2.5 shall apply.
23. In Planning Area 20, th"e is 4.1 gro" aceex in private owner,hip (with 3.3 net "rea estimated for development putential); P,"nning Mea 18 is pmposed to hc retained in Fed",1 ownmhip by the Army
Remve with 2.2 ",ex tu be deed tmnsfwed to the City ofTustin, after the Army's acceptance of the 16.7 acres from the Navy, foc Baecan," ,ight-of-way (leaving 14.5 net ams) The total gro" aneage
for non-federal disposal is 1,585.4 acre,.
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-9
Hangar 29 Complex REI/RFP
January 3, 2005
Page 109
Appendix 5
Reuse Plan Requirements for Planning Area 8
Chapter 3 . Land Use and Development/Reuse Regulations
3.6
NEIGHBORHOOD D
3.6.1
Introduction
Neighborhood D is comprised of a single Planning Area, PA 8, which is
designated Community Core. The Community Core is expected to be
developed in the final phases of the Specific Plan's buildout due to
environmental clean-up timing, market absorption factors, and high
demolition costs associated with airfield operations. This area contains the
existing base runways and staging areas, the southern blimp hangar, and
other facilities supporting airfield operations. The regulations and
guidelines provide flexibility for a range of uses including mixed-use
development projects, or a unique large-scale project(s) that would
complete the Specific Plan area.
3.6.2
.
A.
Planning Area 8 - Community Core
Permitted and Conditionally Permitted Uses
The following uses shall be pennitted by right where the symbol npn
occurs or by conditional use where the symbol ncn occurs.
I.
Service commercial uses including incidental retail sales:
Banks and financial institutions without drive-thru
windows
Barber, beauty shops
Conference/convention facilities
Coin-operated self-service laundromats
Dry cleaners (commercial)
Emergency care facility
Health club
Live perfonnance facilities/amphitheater
Locksmith
Print shop
Restaurants, family, specialty, and fast-food without
drive-thru
Reverse vending recycling machines (in accordance with
the City Code)
Telephone answering service
Travel agency
P
P
P
P
C
P
P
C
P
P
P
P
P
P
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-69
Chapter 3 . Land Use and Development/Reuse Regulations
2.
Offices:
.
Corporate headquarters/offices
General offices for: advertising agency, economic
consultant, insurance companies, escrow companies,
interior decorator, real estate, public utilities, personnel
agency, management consultant, collection agency
Medical clinics
Medical offices/healthcare centers
Professional offices for: architect, accountant, attorney,
chiropractor, contractor, dentist, doctor, engineer,
optometrist, land planner, and other similar professions
3.
Industrial uses:
Advertising and publishing businesses
Blue printing, reproduction and copying services,
photocopies, bookbinding, photoengraving and printing
Commercial library
Communications businesses
Communications equipment center
Data storage, retrieval, send-receive operations
Electronic equipment testing and repair service
Experimental/prototype assembly and testing facilities
Industrial/commercial incubator (flexible) buildings
Instructional/vocational school
Light industrial uses, general (including manufacturing,
assembly, and distribution)
Mail order businesses
Motion picture and recording studios
Office furniture, equipment and sales
Pharmaceutical products
Manufacturing/distribution
Research and development facilities (including
laboratories, product development, and manufacturing)
Science laboratories
Simulation development uses
Software design uses
Technology exchange/transfer services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
City of Tustin
Page 3-70
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
4.
Residential uses:
.
Family care home, foster home or group home, for six or
fewer persons
Large family day care for seven to twelve children on
single family detached lots in accordance with the Tustin
City Code
Small family day care on single family detached lots
Condominiums and cooperatives
Multiple family dwellings (apartments) in accordance
with tenure provisions in Section 3.6.2.1
Patio homes
Single family attached dwelling units and duplexes
Single family detached dwelling units
5.
Public/Institutional uses:
Churches and other religious institutions
Hospital, health management organization
Nursery school or child care center
School, public
School, private
B.
Accessory Uses and Structures
P
P
P
P
C
P
P
P
P
P
C
P
C
Accessory uses and structures are permitted when customarily
associated with and subordinate to a permitted use on the same site
and would include:
c.
Carports
Caretaker's residence
Enclosed, screened, outdoor storage
Garages
Home occupations subject to provisions ofthe City Code
Maintenance facilities and structures
Patio covers/trellises
Retail commercial businesses
Swimming pools, spas, jacuzzis
Tennis courts, basketball courts and other multi-purpose
courts, recreation and community buildings
Unlisted Uses
Those uses not specifically listed are subject to a determination by
the Community Development Director as either permitted, permitted
subject to a conditional use permit or prohibited consistent with the
purpose of the land designation of this planning area and the Specific
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-71
Chapter 3 . Land Use and Development/Reuse Regulations
.
D.
E.
Plan. Decisions of the Director are appealable to the Planning
Commission.
Prohibited Uses
Adult Entertainment Uses
Site Development Standards - Non-residential Uses
1.
2.
3.
Minimum lot size - I acre for non-residential uses
Maximum building height - none
Maximum floor area ratio - .5 for the Planning Area as a
whole, however, the maximum on an individual parcel may
exceed .5 FAR as long as the total floor area allocated to P A 8
(as specified in the Land Use Plan Statistical Analysis, Table 3-
I) is not exceeded.
Maximum site coverage - 100 percent less required setbacks
and open space areas
Minimum building setbacks 17
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 25 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
e) Adjacent to open space or publiclinstitutional use - 10
feet
Landscape setbacks 17
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 30 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2.17 of this Specific Plan.
Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trail where applicable.
A corner triangular-shaped setback of 80 feet, measured from
the intersection of the curb lines at North Loop Road and
Tustin Ranch Road shall be provided for a primary community
entry treatment (see Section 2.17 for landscape guidelines).
4.
5.
6.
7.
b)
8.
9.
17 Landscape setbacks are measured from the back of the curb and are a combination of
parkway, sidewalk, and planting areas. Building setbacks are measured from future
rights-of-way. Non-confonning building and landscape setbacks will be pennitted to
remain where buildings are not in future right-of-way.
City of Tustin
Page 3-72
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
.
F.
10. A comer triangular-shaped setback of 60 feet, measured from
the intersection of the curb lines at Warner Avenue and
Armstrong A venue shall be provided for a secondary
community intersection treatment (see Section 2.17 for
landscape guidelines).
11. Other General Development Regulations (refer to Section 3.11
as applicable)
12. Signage (refer to Section 3.12 as applicable)
13. Off-street parking (refer to Section 3.13 as applicable)
Site Development Standards - Single Family Detached
1.
2.
3.
4.
5.
Maximum dwelling units - 7 dwelling units per acre
Minimum lot area - 3,000 square feet
Minimum lot width - 35 feet
Maximum building height - 35 feet
Maximum lot coverage - 50 percent of lot area. Covered areas
shall include all areas under roof except trellis areas, roof
overhangs, and covered porches outside the exterior wall.
Minimum building setbacks18
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 25 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
e) Local public street - 10 feet
f) Private street or drive - 5 feet
g) Interior side yard - 3 feet minimum with aggregate
requirement of 10 feet for both sides
h) Rear yard - 10 feet
Landscape setbacks18
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 30 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2.17 of this Specific Plan
Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable. The
facilities shall incorporate vistas into the golf course where
possible and provide for convenient bicycle and pedestrian
6.
7.
8.
b)
9.
Building setbacks are measured from the future right-of-way. Landscape setbacks are
measured from the back of curb and are a combination of parkway, sidewalk and planting
area.
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-73
Chapter 3 . Land Use and Development/Reuse Regulations
.
G.
access from the Planning Area to the Tustin Commuter Rail
Station.
10. A comer triangular-shaped setback of 80 feet, measured from
the intersection of the curb lines at Tustin Ranch Road and
North Loop Road shall be provided for a primary community
intersection treatment (see Section 2.17 for landscape
guidelines).
II. A comer triangular-shaped setback of 60 feet, measured from
the intersection of the curb lines at Warner Avenue and
Armstrong A venue shall be provided for a secondary
community intersection treatment (see Section 2.17 for
landscape guidelines).
12. Other General Development Regulations (refer to Section 3.11
as applicable)
13. Signage (refer to Section 3.12 as applicable)
14. Off-street parking (refer to Section 3.13 as applicable)
Site Development Standards - Single Family Attached
I. Maximum dwelling units - 15 dwelling units per acre
2. Minimum lot area per family unit - 3,000 square feet
3. Minimum lot width - no minimum
4. Maximum building height - 35 feet
5. Maximum lot coverage - 100 percent less required setbacks
and open space areas
Common open space - 400 square feet per dwelling unit
located within common, designated recreational areas. Private
attached ground level patios may be credited if open on three
sides. Areas not available for open space credit include all
structures, streets, driveways, landscape setbacks, and parking
lots.
Minimum gross floor area per dwelling unit, excluding the
garage:
a) Bachelor - 450 square feet
b) I Bedroom - 550 square feet
c) I Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 900 square feet
Minimum building setbacks19
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 25 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
e) Local public street - 10 feet
6.
7.
8.
19 Landscape setbacks are measured from thc back of the curb and arc a combination of parkway,
sidewalk, and planting areas. Building setbacks are measured ITom future right-of-way.
City of Tustin
Page 3-74
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
.
9.
Private street or drive - 5 feet
Interior side yard - 3 feet minimum with aggregate
requirement of 10 feet for both sides
h) Rear yard - 10 feet
Landscape setbacks 19
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 30 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
10. Landscaping
a) Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2.17 of this Specific Plan
II. Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable. The
facilities shall incorporate vistas into the golf course where
possible and provide for convenient bicycle and pedestrian
access from the Planning Area to the Tustin Commuter Rail
Station.
12. A comer triangular-shaped setback of 80 feet, measured from
the intersection of the curb lines at Tustin Ranch Road and
North Loop Road shall be provided for a primary community
intersection treatment (see Section 2.17 for landscape
guidelines).
13. A comer triangular-shaped setback of 60 feet, measured from
the intersection of the curb lines at Warner Avenue and
Armstrong A venue shall be provided for a secondary
community intersection treatment (see Section 2.17 for
landscape guidelines).
14. Other General Development Regulations (refer to Section 3.11
as applicable)
15. Signage (refer to Section 3.12 as applicable)
16. Off-street parking (refer to Section 3.13 as applicable)
Site Development Standards - Condominiums and Multiple
Family Dwellings
1. Maximum dwelling units - 25 dwelling units per acre
2. Minimum lot area - none, refer to Section 3.6.2.1 below
3. Maximum building height - 60 feet for horizontal mixed use
development, 45 feet or 3 stories for multiple family
developments that are not part of a horizontal mixed use
development.
Maximum lot coverage - 65 percent, less the required building
and landscape setbacks
f)
g)
b)
H.
4.
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-75
Chapter 3. Land Use and Development/Reuse Regulations
.
5.
Common open space - 400 square feet per dwelling unit
located within common, designated recreational areas. Private
attached ground level patios may be credited if open on three
sides. Areas not available for open space credit include all
structures, streets, driveways, landscape setbacks, and parking
lots.
Minimum gross floor area per dwelling unit, excluding the
garage
a) Bachelor - 450 square feet
b) 1 Bedroom - 550 square feet
c) 1 Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 850 square feet
Minimum building setbacks2o
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 25 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
e) Local public street - 10 feet
f) Private street or drive - 5 feet
g) Interior side yard - 3 feet minimum with aggregate
requirement of 10 feet for both sides
h) Rear yard - 10 feet
Landscape setbacks2°
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 30 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape' Design Guidelines in
Section 2.17 of this Specific Plan
Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable.
A comer triangular-shaped setback of 80 feet, measured from
the intersection of the curb lines at North Loop Road and
Tustin Ranch Road shall be provided for a primary community
intersection treatment (see Section 2.17 for landscape
guidelines).
6.
7.
8.
9.
b)
10.
11.
20 Landscape setbacks are measured from the back of the curb and are a combination of
parkway, sidewalk, and planting areas. Building setbacks are measured from future
rights-of-way. Non-confonning building and landscape setbacks will be pennitted to
remain where buildings are not in future right-of-way.
City of Tustin
Page 3-76
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
.
I.
12.
A comer triangular-shaped setback of 60 feet, measured from
the intersection of the curb lines at Warner Avenue and
Armstrong A venue shall be provided for a secondary
community intersection treatment (see Section 2.17 for
landscape guidelines).
Other General Development Regulations (refer to Section 3.11
as applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3.13 as applicable)
13.
14.
15.
Site Development Standards - Patio Homes
1. Maximum dwelling units - 15 dwelling units per acre
2. Minimum lot area - none, refer to Section 3.6.2.1 below
3. Building site requirements - patio home subdivisions shall be
designated as a development unit on a tentative map.
Maximum building height - 35 feet
Maximum lot coverage - 100 percent, less required building
and landscape setbacks
Common open space - 400 square feet per dwelling unit
located within common, designated recreational areas. A
minimum of 150 square feet may be for private use if located
on ground level and open on three sides. Areas not available
for open space credit include all structures, streets, driveways,
landscape setbacks, and parking lots.
Minimum gross floor area per dwelling unit, excluding the
garage - 900 square feet
Maximum number of four bedroom units - 30 percent
Minimum building setbacks21
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 25 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
e) Local public or private street - The minimum building
setback shall be 10 feet from a public or private street.
An attached or detached garage may be setback a
minimum of 5 feet from a public or private street. If
living areas are provided above garages, garage setbacks
shall apply provided that no more than 75 percent of the
units along the street frontage have living space over a
garage with less than a 10 foot setback. All units located
along both sides of a street segment shall be included
when calculating the above 75 percent determination,
regardless of whether they front, side, or rear load on that
section of a street. A garage shall not be setback between
4.
5.
6.
7.
8.
9.
21
Building setbacks are measured ITom future rights-of-way. Non-confonning building and
landscape setbacks will be pennitted to remain where buildings are not in future right-of-way.
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-77
Chapter 3 . Land Use and Development/Reuse Regulations
.
10.
9 feet and 19 feet from the right-of-way line. Garages
setback 9 feet or less shall be equipped with an automatic
garage opener.
Private drives and courts - The minimum building
setback shall be 7 feet in a private court or on a private
drive not located within a court. An attached or detached
garage may be setback a minimum of 3 feet provided that
no more than 50 percent of the length of the building
frontage over the total length of the drive or court is
setback less than 7 feet. In calculating the total length of
the drive or court and the length of building frontage, the
length of building and street frontage on both sides of the
drive or court shall be used. If living areas are provided
above garages, garage setback shall apply. The minimum
3 foot garage setback shall be increased where necessary
to accommodate required sidewalks. A garage shall not
be setback between 9 feet and 19 feet from the right-of-
way line. Garages setback 9 feet or less shall be equipped
with an automatic garage opener. A minimum distance of
40 feet shall be maintained between ground floor living
areas on units across from each other in a court, on a
drive, or on a shared driveway.
Minimum distance between buildings - The minimum
horizontal distance between adjacent buildings shall be
10 feet. The minimum distance between buildings may
be reduced to 6 feet for no more than a maximum length
of 25 feet of a building elevation, provided that there are
no windows on one elevation for that portion of the
building elevation with less than a 10 foot setback. If
living areas are provided above garages, garage setbacks
shall apply.
Tract boundary - The minimum building setback from
any tract boundary shall be 10 feet. If the tract boundary
is adjacent to a park or other permanent open space, the
minimum building setback shall be 5 feet.
Landscape setbacks22
a) Tustin Ranch Road - 30 feet
b) North Loop Road - 30 feet
c) Armstrong Avenue - 20 feet
d) Warner Avenue - 20 feet
f)
g)
h)
Landscape setbacks are measured from the back of the curb and are a combination of
parkway, sidewalk, and planting areas. Non-confonning building and landscape setbacks
will be pennitted to remain where buildings are not in future right-of-way.
City of Tustin
Page 3-78
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
J.
II. Landscaping
a) Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2.17 of this Specific Plan
12. Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable.
13. A comer triangular-shaped setback of 80 feet, measured from
the intersection of the curb lines at North Loop Road and
Tustin Ranch Road shall be provided for a primary community
intersection treatment (see Section 2.17 for landscape
guidelines).
14. A comer triangular-shaped setback of 60 feet, measured from
the intersection of the curb lines at Warner Avenue and
Armstrong Avenue shall be provided for a secondary
community intersection treatment (see Section 2.17 for
landscape guidelines).
15. Other General Development Regulations (refer to Section 3.11
as applicable) .
16. Signage (refer to Section 3.12 as applicable)
17. Off-street parking (refer to Section 3.13 as applicable)
Special Development or Reuse Requirements
I. Concept plan approval shall be required for Planning Area 8
prior to development (refer to Section 4.2.1 of this Specific
Plan).
Horizontally mixed-use projects shall refer to Site
Development Standards applicable to the use(s). Vertically
mixed-use projects shall refer to the Site Development
Standards for Non-residential Uses. Vertically mixed projects
shall be subject to a Conditional Use Permit if a residential
use(s) is part ofthe project.
The baseline mix of uses for Planning Area 8 is 45 percent
Office (of which 20% is Corporate Office), 50 percent
Industrial, and 5 percent Commercial, which will be
administered by the Non-Residential Land Use/Trip Budget
procedure specified in Section 3.2.4. The purpose is to ensure
that adequate circulation capacity is available to serve the
proposed project. Up to 891 residential/dwelling units are also
permitted.
Affordability - In the event dwelling units are proposed, the
following minimum affordable housing production objectives
are intended to reflect the intention of the City to create a
redevelopment project area (Community Redevelopment Law,
section 33000) and as needed to meet Regional Housing
b)
.
2.
3.
4.
MCAS Tustin Specific Plan/Reuse Plan
City of Tustin
Page 3-79
Chapter 3 . Land Use and Development/Reuse Regulations
.
Allocation needs as identified in the Housing Element of the
General Plan through the provisions of housing for households
at very low, low and moderate income levels. Specific housing
requirements for redevelopment and Housing Element
compliance on a residential housing project will be established
at the time of development project approval to ensure
conformity with the Housing Element of the General Plan and
other applicable provisions of California Law and to achieve
the following:
a) At least 15% of units for initial occupancy by very low
income to moderate income households for
redevelopment, with 6% (or 40%) of units affordable to
very low income households.
At least 21 additional units for occupancy by low income
households.
At least 41 additional units for occupancy by moderate
income households.
Restricted affordable housing units shall be reasonably
dispersed throughout the project and shall be compatible
with the design and use of market rate units in
appearance, use of materials, and finished quality.
Restricted units shall be affordable for at least the
minimum period of time required by state law, or longer
if required by a construction or mortgage financing
assistance program.
Prior to issuance of a certificate of use and occupancy, a
developer shall enter into a legally binding agreement
with the City of Tustin or its Redevelopment Agency,
and agree to deed restrictions on targeted affordable
housing units that are binding on property upon sale or
transfer. Said agreements shall address the following:
I) Number of units by type, location, bedroom count
2) Standards for qualifying income and maximum
rents or sales prices
3) Parties responsible for sales prices and incomes
The City of Tustin reserves the right to negotiate transfer
of a developer's obligation pursuant to this section off-
site as a credit for affordable units which cannot be
reasonably feasible to provide on-site which shall be at
the City's sole and absolute discretion. To ensure
comparable equivalent value of an off-site option or
exchange for not providing on-site affordable units, a
financial affordability gap analysis will be conducted by
the City, at developer's cost, to compare the value of the
off-site option and the affordability gap cost of providing
on-site affordable housing.
b)
c)
d)
e)
f)
City of Tustin
Page 3-80
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
.
5.
Tenure - Any development in Planning Area 8 of apartments is
a discretionary action requiring approval of a conditional use
permit. No more than 25 percent of the total number of units
permitted within the Tustin portion of the Specific Plan area
may be approved for apartments.
Existing structures to be reused shall be brought into
conformance with applicable provisions of the Uniform
Building Code as amended, State of California Title 24 Access
Compliance (handicapped provisions), and requirements of the
Americans with Disabilities Act (ADA). The State Historical
Building Code, as locally adopted, may be applied where
applicable in the Planning Area.
Utility metering modifications and provision of independent
utility services shall be committed to by agreement between the
City of Tustin and those agencies receiving property in the
Community Core, prior to use and occupancy of existing
buildings and new development, except for interim use.
A Memorandum of Agreement has been entered into between
the State Historic Preservation Office, the Advisory Council on
Historic Preservation, Department of Navy, County of Orange
and City of Tustin. The Memorandum of Agreement dictates
the process to be followed in determining any future reuse or
demolition plans for the historic blimp hangar. See the Final
EISIEIR for the Disposal and Reuse of MCAS Tustin for a a
copy of the Memorandum of Agreement and specifics
regarding the future reuse of demolition of the blimp hangar.
Prior to any interim or permanent reuse of buildings or
property on a parcel, or prior to any new development on a
parcel within the Planning Area, any agencies receiving
property from the Department of Defense or Local
Redevelopment Authority (LRA) shall be required to enter into
an Agreement with the City of Tustin. The purpose of the
Agreement is to: I) identifY the planning goals of an agency
and the City and LRA; 2) identify the scope and schedule for
short-range or long-range development plans for the property;
3) establish a process for meaningful consultation on
development and operational issues of mutual concern; 4)
identify roadway dedication or capital/infrastructure
improvements that will be required for use and/or
development, and Environmental Impact Report mitigation
required by the agency receiving property; and 5) identify
necessary procedures to implement the Agreement.
If the final alignment for Tustin Ranch Road differs from the
assumed alignment as described in Section 3.2, adjustments in
acreage and development potential for Planning Area 8 and
Planning Area 15 (Golf Village) shall be calculated in
6.
7.
8.
9.
10.
City of Tustin
Page 3-81
MCAS Tustin Specific Plan/Reuse Plan
Chapter 3 . Land Use and Development/Reuse Regulations
.
K.
accordance with the provisions of Section 3.2.5. While the
respective Planning Area boundaries may shift slightly, Tustin
Ranch Road will remain the common boundary between
Planning Area 8 and Planning Area 15. If the final alignment
for Warner Avenue differs from the assumed alignment, as
described in Section 3.2, adjustments in acreage and
development potential for Planning Area 8 and Planning Areas
13 and 16 shall be calculated in accordance with the provisions
of Section 3.2.5. While the respective planning area boundaries
may shift slightly, Warner Avenue will remain the common
boundary between Planning Area 8 and Planning Areas 13
and 16.
Development or Reuse Guidelines
I. View windows into the Planning Area from Warner Avenue
and Tustin Ranch Road should be incorporated into the site
planning for individual projects.
Creative site planning is encouraged for this site due to its
prominent location within the Specific Plan. Careful
consideration of building site location, attention to views,
relationships to surrounding uses and open spaces all need to
be incorporated into site plans.
Demolition of structures may be required by Tustin to be
undertaken under the following conditions: I) where
information determines the need for demolition to eliminate
public health and safety risks, 2) to improve the appearance of
the Planning Area, 3) to accommodate the completion of major
roadway improvements, and, 4) to properly implement the land
use intent of this Planning Area, and where all requirements of
subsection J.8 above have been met.
2.
3.
A summary of the key design guidelines for the Community Core is
provided in Figure 3-6. .
City of Tustin
Page 3-82
MCAS Tustin Specific Plan/Reuse Plan
Hangar 29 Complex REI/RFP
January 3, 2005
Page 125
Appendix 6
Cover Letter
Hangar 29 Complex REI/RFP
January 3, 2005
Page 126
March 17, 2005
Ms. Christine A. Shingleton
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: RESPONSE TO REI FOR HANGAR 29 COMPLEX
Dear Ms. Shingleton:
Enclosed, please find our Expressions of Interest for the Hangar 29 Complex at Tustin Legacy.
The undersigned understands and agrees that, if we are selected as a short-listed developer,
we will be required to submit to the City an executed copy of an Exclusive Negotiation
Agreement (an "ENAU) as a condition precedent to our participation in Phase II (RFP) of the
selection process. We have carefully reviewed and considered the responsibilities outlined in
the REI/RFP that we would be undertaking upon our submission of a response to the REI, and if
we are selected as the Developer of the Hangar 29 Complex. We understand that the ENA will
provide, among other things, which we will also be responsible for the costs incurred by the City
from the date of our selection as the Developer of the Hangar 29 Complex, even if for some
reason a Disposition and Development Agreement (DDA) is not executed and our relationship
terminates. Finally, we commit to diligently proceed to negotiate a DDA and to meet timely the
schedule for performance that will be agreed upon.
We have also carefully reviewed and considered the process for selecting a Developer outlined
in the REI and agree that it is fair and reasonable. We commit and agree that in the event we
are not chosen as the selected Developer of the site, we will not file a protest concerning the
selection process unless, and only unless, the City's selection has been tainted by fraud or
political corruption. We agree that any protest we may file shall be subject to the Protest
Procedures included as Appendix 10 of the REI/RFP.
Our offer to proceed as set forth in the enclosed Expression of Interest is a firm offer by the
undersigned to the City, which offer shall expire one hundred eighty (180) calendar days from
the last day for receipt of Proposals by the City, unless renewed in writing by the undersigned.
Very truly yours,
Hangar 29 Complex REI/RFP
January 3, 2005
Page 127
RFP RESPONSE COVER LElTER
September 1, 2005
Ms. Christine A. Shingleton
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: RESPONSE TO RFP FOR HANGAR 29 COMPLEX
Dear Ms. Shingleton:
Enclosed please find our Response and Proposal for the Hangar 29 Complex at Tustin Legacy.
The undersigned has carefully reviewed and considered the responsibilities outlined in the
REI/RFP that we would be undertaking upon our submission of a response to the RFP, and if we
are selected as the Developer of the Hangar 29 Complex. We understand that that the ENA will
provide, among other things, that we will also be responsible for the costs incurred by the City
from the date of our selection as the Developer of the Hangar 29 Complex, even if for some
reason a Disposition and Development Agreement (DDA) is not executed and our relationship
terminates. Finally, we commit to diligently proceed to negotiate a DDA and to meet timely the
schedule for performance that will be agreed upon.
We have also carefully reviewed and considered the process for selecting a Developer outlined
in the RFP and agree that it is fair and reasonable. We commit and agree that in the event we
are not chosen as the selected Developer of the site, we will not file a protest concerning the
selection process unless, and only unless, the City's selection has been tainted by fraud or
political corruption. We agree that any protest we may file shall be subject to the Protest
Procedures included as Appendix 10 of the REI/RFP.
Our offer to proceed as set forth in the enclosed response to the RFP is a firm offer by the
undersigned to the City, which offer shall expire one hundred eighty (180) calendar days from
the last day for receipt of Proposals by the City, unless renewed in writing by the undersigned.
Very truly yours,
Hangar 29 Complex REI/RFP
January 3, 2005
Page 128
Appendix 7
Financial Disclosure Statement
Hangar 29 Complex REI/RFP
January 3, 2005
Page 129
FINANCIAL DISCLOSURE STATEMENT
In order to assist the City of Tustin in compliance with prohibitions against actions by officials
with financial interests in decisions, as required by Government Code Section 1090 and the
requirements of the State of California Political Reform Act (Gov't Code §§ 87100 et seq.), each
Respondent to this REI/RFP and each contractor, subcontractor, joint venturer, partner and
consultant of the Respondent listed in the response of Respondent to this REI/RFP, must
complete and submit this Financial Disclosure Statement form together with its submittal of a
response to the REI/RFP.
1. List the name(s) of each City Council member, City official, City employee and City
independent consultant with any "financial interest" in Respondent* or Respondent's*
submittal (as "financial interest" is defined in the above-referenced code sections).
2. For each person listed in Item #1 above, describe that person's "financial interest" in
Respondent*.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE ABOVE INFORMATION IS COMPLETE, TRUE AND ACCURATE TO THE
BEST OF MY KNOWLEDGE.
Name of Respondent* (Please print or type)
Signature of Respondent*
Date
* The term "Respondent" means, as applicable, the Respondent or the contractor,
subcontractor, joint venturer, partner or consultant of the Respondent to which this form
pertains.
Government Code § 1090. Conflicts of interest contracts, sales and purchases
Members of the Legislature, state, county, district, judicial district, and city officers or
employees shall not be financially interested in any contract made by them in their official
Hangar 29 Complex REI/RFP
January 3, 2005
Page 130
capacity, or by any body or board of which they are members. Nor shall state, county, district,
judicial district, and city officers or employees be purchasers at any sale or vendors at any
purchase made by them in their official capacity.
As used in this article, "district" means any agency of the state formed pursuant to general law
or special act, for the local performance of governmental or proprietary functions within limited
boundaries.
Government Code § 87100. Public officials; state and local; financial interest
No public official at any level of state or local government shall make, participate in making or
in any way attempt to use his official position to influence a governmental decision in which he
knows or has reason to know he has a financial interest.
Government Code § 87103. Financial interest in decision by public official
A public official has a financial interest in a decision within the meaning of Section 87100 if it is
reasonably foreseeable that the decision will have a material financial effect, distinguishable
from its effect on the public generally, on the official, a member of his or her immediate family,
or on any of the following:
(a) Any business entity in which the public official has a direct or indirect investment worth two
thousand dollars ($2,000) or more.
(b) Any real property in which the public official has a direct or indirect interest worth two
thousand dollars ($2,000) or more.
(c) Any source of income, except gifts or loans by a commercial lending institution made in the
regular course of business on terms available to the public without regard to official status,
aggregating five hundred dollars ($500) or more in value provided or promised to, received by,
the public official within 12 months prior to the time when the decision is made.
(d) Any business entity in which the public official is a director, officer, partner, trustee,
employee, or holds any position of management.
(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two
hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public
official within 12 months prior to the time when the decision is made. The amount of the value
of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the
same amount determined by the commission pursuant to subdivision (f) of Section 89503.
For purposes of this section, indirect investment or interest means any investment or interest
owned by the spouse or dependent child of a public official, by an agent on behalf of a public
official, or by a business entity or trust in which the official, the official's agents, spouse, and
dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.
Hangar 29 Complex REI/RFP
January 3, 2005
Page 131
Appendix 8
Status Update Form
Hangar 29 Complex REI/RFP
January 3, 2005
Page 132
STATUS UPDATE FORM
All potential respondents are encouraged to complete and return this form as soon as possible.
This will allow the City to ensure that all respondents are informed of any changes, new
information or status updates regarding the project. Please return the information requested in
this form to:
Mr. Dana Ogdon
City of Tustin
300 Centennial Way
Tustin, California 92780
Phone: (714) 573-3116
Fax: (714) 573-3113
E-Mail: doqdon@ltustinca.orq
Organization / Development Entity:
Contact Person(s):
Mailing Address:
Telephone:
Fax:
E-Mail Address:
Hangar 29 Complex REI/RFP
January 3, 2005
Page 133
Appendix 9
Respondent's Certification
and Acknowledgment of Respondent Responsibilities
Hangar 29 Complex REI/RFP
January 3, 2005
Page 134
RESPONDENT'S CERTIFICATION
By signing this document the Respondent certifies and acknowledges as follows:
1. The Respondent has carefully reviewed the Request For Expressions of Interest and
Request for Hangar 29 Complex (Buildings 29 and 29A) issued by the City of Tustin and
any documents accompanying or made part of the REI/RFP.
2. The Respondent has read, understood and agreed to abide by all terms and conditions
of the REI/RFP as stated in Section 11, Terms and Conditions.
3. By signing below, the Respondent confirms and attests that all information contained in
the response/proposal is truthful to the best the Respondent's knowledge and belief.
The Respondent further certifies that the person signing below is duly authorized to
submit this proposal on behalf of the Respondent and that the Respondent is ready,
willing, and able to perform if selected.
4. Respondent's proposal is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting an
Expression of Interest or Proposal for the site; no officer, employee or agent of the City
of Tustin or of any other Respondent interested in said proposal; and that the
undersigned has executed this Certification and Acknowledgement with full knowledge
and understanding of the matters therein contained and was duly authorized to do.
This form must be included with the Business Plan submission as stated in Section 10.2. The
form must be signed by the Project Principal.
Project Principal's Signature
Name of Project Principal and
Title:
Name of Business:
Address:
City, State, Zip code
Telephone Number:
E-mail Address:
Hangar 29 Complex REI/RFP
January 3, 2005
Page 135
Appendix 10
Protest Procedures
Hangar 29 Complex REI/RFP
January 3, 2005
Page 136
PROTEST PROCEDURES
A. A party that has timely submitted a bid or proposal in response to any procurement of the
City pursuant to this REI/RFP may file a protest objecting to the award of a contract.
B. In order for a protest to be considered properly and timely filed, the protest must:
1. Be filed in writing with the City Manager of the City, within five (5) calendar days after
publication of the written recommendation for award.
2. Be filed by an actual bidder or proposer responding to the procurement. No other party
has standing to protest.
3. Identify the specific procurement number involved.
4. Identify the specific recommended action or decision being protested.
5. Specify in detail the grounds of the protest, the facts supporting the protest and the
status of the protester.
6. Include all relevant supporting documentation with the protest at the time of submittal.
If a protest does not comply with each and all of the above six requirements, the protest will
not be considered and will be returned to the protester.
C. The City Manager of the City will attempt to resolve a properly filed protestor perform
additional fact-finding. If the City Manager is able to resolve the protest at this stage, a letter
confirming resolution shall be sent to the protester. If the City Manager is unable to resolve the
protest within five (5) calendar days from receipt, he/she may establish an independent team to
evaluate the merits of the protest. The City Manager will review the recommendation of the
evaluation team and notify the protester in writing of the decision on whether or not to deny
the protest.
D. If the City Manager's decision is to deny the protest, the contract shall be recommended to
the City Council for award, or executed, if previously awarded by the City Council subject to
resolution of the protest. If the City Manager's decision is to uphold the protest, a
recommendation will be made to the City Council to reject all proposals or bids, cancel the
Request for Qualifications and solicit new proposals, or award the contract to another proposer.
If the recommendation for award is overturned by the City Council, the previously
recommended proposer may itself file a protest with the City Manager within five (5) calendar
days of the City Council's decision.
E. For purposes of procurement pursuant to this REI/RFP, the term "award" as utilized in the
protest provisions shall be deemed to mean, as to the Phase I (REI) selection process, the
Phase I (REI) selection and as to Phase II (RFP) selection process only, the Phase II (RFP)
selection. Protest of the Phase I (REI) selection or any other matter related to Phase I (REI) or
the disqualification of proposer for any reason during the pendency of Phase I (REI) or as a
result of the Phase I (REI) selection process must be filed with the City within 5 calendar days
Hangar 29 Complex REI/RFP
January 3, 2005
Page 137
of the date of the written notification of Phase I (REI) selection. Protest of the Phase II (RFP)
selection process must be filed with the City within 5 calendar days of the date of the written
notification of Phase II (RFP) selection. Only those proposers who are selected for Phase II
(RFP) pursuant to the Phase I (REI) selection process may file a protest with regard to Phase II
(RFP) or Phase II (RFP) selection.
F. The determination of the City Council with respect to any protest shall be final and each
proposer shall agree in writing, as a condition to review and consideration of its proposal by the
City, that the proposer shall abide by the final determination of the City Council with respect to
any protest and shall waive any right to damages or specific performance with respect thereto.
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