HomeMy WebLinkAbout03 LEVITY TUSTIN LEGACY ITEM #3
AGENDA REPORT
MEETING DATE: NOVEMBER 28, 2017
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: GENERAL PLAN CONFORMITY, DEVELOPMENT AGREEMENT 2017-001,
TENTATIVE TRACT MAP 18125, DESIGN REVIEW 2017-012 FOR THE
DEVELOPMENT OF 218 RESIDENTIAL CONDOMINIUM UNITS WITHIN
NEIGHBORHOOD G, TUSTIN LEGACY SPECIFIC PLAN (TRACT 17404 - LOT
19)
APPLICANT: CALATLANTIC INC.
ATTN: CRYSTAL BURCKLE
15360 BARRANCA PARKWAY
IRVINE, CA 92618
PROPERTY OWNER: CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
LOCATION: LOT 19 OF TRACT 17404; GENERALLY BOUNDED BY FUTURE
MOFFETT DRIVE TO THE NORTH, PARK AVENUE TO THE EAST,
VICTORY ROAD TO THE SOUTH, AND TUSTIN RANCH ROAD TO
THE WEST WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G,
TUSTIN LEGACY SPECIFIC PLAN.
GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN
ZONING: TUSTIN LEGACY SPECIFIC PLAN
EXISTING LAND USE: VACANT SITE
m _
Planning Commission Report
November 28,2017
CalAflanfic Inc.
Page 2
ENVIRONMENTAL: ON JANUARY 16, 2001, THE CITY OF TUSTIN CERTIFIED THE
PROGRAM. , FINAL, ENVIRONMENTAL IMPACT
STATEMENTIENVIRONMENTAL IMPACT REPORT (FEISIEIR) FOR
THE REUSE AND DISPOSAL OF MCAS TUSTIN. ON DECEMBER 6,
2004, THE CITY COUNCIL ADOPTED RESOLUTION NO. 04-76
APPROVING A SUPPLEMENT TO THE FEISIEIR FOR THE
EXTENSION OF TUSTIN RANCH ROAD BETWEEN WALNUT
AVENUE AND THE FUTURE ALIGNMENT OF VALENCIA NORTH
LOOP ROAD. ON APRIL 3, 2006, THE CITY COUNCIL
ADOPTED RESOLUTION NO. 06-43 APPROVING AN
ADDENDUM TO THE FEISIEIR AND, ON MAY, 13, 2013, THE
CITY COUNCIL ADOPTED RESOLUTION NO. 13-32
APPROVING A SECOND ADDENDUM TO THE FEISIEIR. ON
JULY 5, 2017, THE CITY COUNCIL ADOPTED RESOLUTION
NO. 17-23 APPROVING A SECOND SUPPLEMENT TO THE
FEISIEIR. THE FEISIEIR, ALONG WITH ITS ADDENDUMS AND
SUPPLEMENT, IS A PROGRAM EIR UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). THE FEISIEIR,
ADDENDUMS AND SUPPLEMENT ARE CONSIDERED THE
POTENTIAL ENVIRONMENTAL IMPACTS ASSOCIATED WITH
DEVELOPMENT ON THE FORMER MARINE CORPS AIR STATION
(MCAS),TUSTIN.
AN ENVIRONMENTAL CHECKLIST -HAS BEEN PREPARED FOR
THE PROJECT AND CONCLUDED THAT THESE ACTIONS DO NOT
RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL IMPACTS
OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF ANY
PREVIOUSLY IDENTIFIED SIGNIFICANT IMPACTS IN THE
FEISIEIR. MOREOVER, NO NEW INFORMATION OF SUBSTANTIAL
IMPORTANCE HAS SURFACED SINCE CERTIFICATION OF THE
FEISIEIR.
REQUESTS: 1. GENERAL PLAN CONFORMITY TO DETERMINE THAT THE
LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED
DISPOSITION OF AN APPROXIMATELY 20-ACRE SITE (TRACT
17404 - LOT 19) WITHIN NEIGHBORHOOD G OF THE TUSTIN
LEGACY SPECIFIC PLAN FOR THE DEVELOPMENT OF 218
RESIDENTIAL CONDOMINIUM UNITS IS IN CONFORMANCE
WITH THE APPROVED GENERAL PLAN.
2. DEVELOPMENT AGREEMENT (DA) 2017-001 TO FACILITATE
THE DEVELOPMENT AND CONVEYANCE OF AN
APPROXIMATE 20-ACRE SITE WITHIN THE BOUNDARIES OF
TUSTIN LEGACY SPECIFIC PLAN.
3. TENTATIVE TRACT MAP (TTM) 18125 TO SUBDIVIDE AN
APPROXIMATELY 20-ACRE SITE INTO EIGHT (8) NUMBERED
LOTS AND TWO (2) LETTERED LOTS FOR THE
DEVELOPMENT OF 218 RESIDENTIAL CONDOMINIUM UNITS,
Planning Commission Report
November 28,2017
CalA#Iantic Inc.
Page 3
A COMMUNITY FACILITY, AND OTHER NEIGHBORHOOD
AMENITIES.
4. DESIGN REVIEW (DR) 2017-012 FOR THE DESIGN AND SITE
LAYOUT OF 218 RESIDENTIAL CONDOMINIUM UNITS, A
COMMUNITY FACILITY, AND OTHER NEIGHBORHOOD
AMENITIES.
RECOMMENDATION:
1. That the Planning Commission adopt Resolution No. 4355, determining that the location,
purpose, and extent of the proposed disposition of an approximately 20-acre site within
Neighborhood G of the MCAS Tustin Specific Plan for the development of 218 residential
units is in conformance with the approved General Plan.
2. That the Planning Commission adopt Resolution No. 4356, recommending that the City
Council approve:
a. DA 2017-001 to facilitate the development and conveyance of an approximate 20-
acre site within the boundaries of Tustin Legacy Specific Plan.
b. TTM 18125 to subdivide an approximately 20-acre site into eight (8) numbered lots
and two (2) lettered lots for the development of 218 residential condominium units, a
community facility, and other neighborhood amenities.
c. DR 2017-012 for the design and site layout of 218 residential condominium units, a
community facility, and other neighborhood amenities.
APPROVAL AUTHORITY:
General Plan Conformity:
Pursuant to Section 65402(a) of the Government Code, the Planning Commission is
authorized to determine whether the location, -purpose, and extent of the proposed
disposition of real property is consistent with the General Plan.
Development Agreement:
The Tustin Legacy Specific Plan Section 4.2.7 requires a DA in conjunction with or prior to
approval of any entitlements associated with private development. Pursuant to Tustin City
Code (TCC) Section 9607, the Planning Commission shall consider the DA and make a
recommendation thereon to the City Council. The Planning Commission shall forward its
recommendation to the City Council within thirty (30) days of the time specified for the public
hearing.
Pursuant to TCC Section 9613, after the City Council completes the public hearing and
considers the recommendation of the Planning Commission„the City Council may accept,
modify or disapprove the DA. Pursuant to TCC Section 9614, the DA shall be approved by
the adoption of an ordinance.
Planning Commission Report
November 28, 2017
CatAtlantic Inc.
Page 4
• Tentative Tract Map:
TCC Section 9321b authorizes the Planning Commission to review and take action on
Tentative Maps; however, since the proposal includes other entitlement applications that
require City Council approval, TTM 18125 is forwarded to City Council for concurrent
consideration.
• Design Review:
Section 4.2.2 of the Tustin Legacy Specific Plan requires each development to submit and
obtain approval of a Site Plan and DR pursuant to the TCC following or concurrent with the
approval of a Concept Plan. TCC Section 9272 authorizes the Community Development
Director to consider the DR application; however, since the proposal includes other
entitlement applications that require City Council approval, DR 2013-006 is forwarded to City
Council for concurrent consideration
BACKGROUND AND DISCUSSION:
Site Location
The 20-acre project site is located within the Tustin Legacy Specific Plan and is bounded by
future Moffett Drive to the north, Park Avenue to the east, Victory Road to the south, and Tustin
Ranch Road to the west. Surrounding uses include the St. Anton apartments to the south, the
Greenwood residential community to the east, and vacant sites to the north and west (Figure 1).
The subject parcel is within Planning Area 15 of Neighborhood G of the Tustin Legacy Specific
Plan (Figure 2). The site is currently owned by the City and will be transferred to CalAtlantic Inc.
upon execution of the Disposition and Development Agreement (DDA).
Project
Site
Figure 1 — Project Site Aerial
Planning Commission Report
November 28, 2017
CalAtlantic Inc.
Page 5
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Figure 2—Tustin Legacy Specific Plan Planning Area Map
General Plan Conformity
Currently, the approximately 20-acre project site is owned by the City of Tustin. The City intends to
enter into a real estate transaction with CalAtlantic Inc. to allow for the development of 218
residential units, a community facility and other amenities. The real estate transaction through the
DDA will be considered separately by the City Council at a later date. Pursuant to Section
65402(c) of the California Government Code (Planning and Development Law), a general plan
conformity determination from local planning agencies prior to acquisition or disposition of real
property by a local agency is required. The proposed disposition supports General Plan Land
Use Element goals and policies as follows:
1. Land Use Element Goal 1: Provide for a well-balanced land use pattern that
accommodates existing and future needs for housing, commercial, and industrial land,
open space and community facilities and services, while maintaining a healthy,
diversified economy adequate to provide future City services.
2. Land Use Element Goal 3: Ensure that new development is compatible with surrounding
land uses in the community, the City's circulation network, availability of public facilities,
existing development constraints, and the City's unique characteristics and resources.
3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically pleasing community
for residents and businesses.
Planning Commission Report
November 28, 2017
CalAtlantic Inc.
Page 5
4. Land Use Goal 5: Improve urban design in Tustin to ensure development that is both
architecturally and functionally compatible, and to create uniquely identifiable
neighborhoods.
5. Land Use Goal 13: Continue to implement the Tustin Legacy Specific Plan, which
maximizes the appeal of the site as a mixed use and master planned development.
Based upon the City's adopted General Plan, the location, purpose, and extent of the proposed
disposition of the project site to CalAtlantic Inc. for the development of 218 residential units, a
community faciiity, and other neighborhood amenities is in conformance with the approved
General Plan. Accordingly, staff recommends that the Planning Commission adopt Resolution
No. 4355.
Project Description
DA 2017-001, TTM 18125 and DR 2017-012 are applications associated with the development
of 218 detached residential units, a community facility, and other amenities and linkages to
other developments within the Tustin Legacy (Figure 3).
The project, called Levity At Tustin Legacy, has been designed to enhance livability by
intergrading three (3) distinctive housing styles connected to a centralized community recreation
facility and greenbelt linkages. The three (3) housing products are Fleet, Velocity and Icon
(details are discussed under the DR section of this report). The community facility will be
centrally located and include outdoor furniture and barbeques that will be accessible to the
public. This is accomplished through the requirement that the community facility must be
accessible via a recorded easement to allow public access. The community facility will also
include a swimming pool, spa, outdoor furniture, shade structures, showers and restroom, all of
which are located within a fenced area and accessible to Levity residents and their guests.
VELOCITY
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Figure 3 - Site Plan
Manning Commission Report
November 28, 2017
CalAtlantic Inc.
Page 7
The applicant anticipates the base pricing of these units to range from $530,000 to $664,000 for
the Fleet product, $651,000 to $834,000 for Velocity, and $762,000 to $925,000 for Icon. The
pricing is in response to the City's request to provide more housing in lower price ranges,
allowing opportunities for more buyers to enter into homeownership.
Design Review
Section 4.2.2 of the Tustin Legacy Specific Plan requires applicants for each development to
submit and obtain approval of a DR pursuant to the TCC. DR 2017-012 provides for the design
and site layout of the proposed residential community.
The proposed project has a contemporary approach to its design. Throughout the buildings,
various elements such as flat roofs, roof top decks, large windows, 90-degree angles, wall pop
outs and wall step backs work together to present a new and modern feel to this residential
community. The three (3) housing products proposed are as follows:
• Fleet: This product is a three-story townhome, (Row/Court Townhomes)
Fleet consists of 101 units comprised of five Square Feet 1,371 to 2,144
(5) floorplans. There are three (3) building Bedrooms z to 4
types, two (2) of which include five (5)
residential units and a third building type Batlhraoms z.5 to 3.
includes twelve (12) residential units. There Parking z-car garage
are thirteen (13) five-plex buildings and three 2-car tandem garage
(3) twelve-plex buildings aligned along Moffett
Drive, Tustin Ranch Road and Victory Road. The floorplans offer amenities such as
decks, dens, walk-in pantries, and laundry rooms. Some units offer two-car tandem
garages. Exterior building massing is consistent with the alignment of the units and the
vertical elements of like materials provide identifiable visual distinction of each unit. (See
Figure 4)
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Figure 4— Fleet
Planning Commission Report
November 28, 2017
CalAtlantic Inc.
Page 8
• Velocity: This product offers two- and three-story -VELOCITY(Flats)
flats. Velocity consists of 60 units comprised of Square Feet 1,485 to 2,966
five (5) floorplans. There are six (6) buildings
with ten (10) units each and are centrally located Bedrooms 2 to 3
on the project site. The floorplans offer Bathrooms 2 to 3
amenities such as decks, balconies, roof top Parking 2-ear garage
decks, dens, walk-in pantries, and laundry
rooms. Velocity floorplans have all living functions including bedrooms on one (1) level,
leading to more horizontal massing on the exterior, (See Figure 5)
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Figure 5 — Velocity
• Icon: This product is a three-story single family . Detached)
detached unit, built in clusters of six (6) units Square Feet(Single x,9$7 to 2,688
using a shared drive. Icon consists of 57 units Bedrooms 3 to 4
comprised of four (4) floorplans. These units are
located along Moffett Drive, Park Avenue and Bathrooms 2.5
Victory Road. The floorplans offer amenities Parking 2-car garage
such as decks, balconies, roof top decks, private
yards, bonus rooms, walk-in pantries, and laundry rooms. Exterior building designs
incorporate ample glazing, architectural projections and straight lines that carry through
the contemporary design of the community. (See Figure 6)
Planning Commission Report
November 28. 2017
CalAtlantic Inc.
Page 9
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Figure 6— Icon
The centralized community facility is approximately 0.58 acres in size and would be accessible
to Levity residents and the public. The proposed community facility will provide opportunities for
recreation, social gathering, and outdoor lounging. The public portion of the facility is designed
with a plaza area and outdoor barbeque. The private
areas will be enclosed by fencing and consist of a
swimming pool, spa, shade structures, showers and
restrooms The shower and restroom building is
consistent with the rest of the community in that the ~
same exterior design and materials are proposed
including composite wood, large window areas and
flat roofs. (See Figure 7) Go M 40
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Figure 7— Community Facility
Ranning Commission Report
November 28, 2017
Calklantic Inc.
Page 10
As proposed, this area of the community will also have the community's centralized mail
pavilion, near the southern entry off of Victory Road.
Parking
Each residential unit is required to provide a 2-car garage. Velocity and Icon provide 2-car
garages with side-by-side parking. Fleet provides 2-car garages on all its floor plans with the
exception of two (2) plans that offer 2-car tandem garage, Plan 1 and Plan 2 of the 12-plex
townhome product. There are twelve (12) units with tandem garages. The Tustin Legacy
Specific Plan does not count the tandem garage space towards the parking requirement. As
conditioned, the applicant will be required to maintain twelve (12) surface parking spaces to be
allocated to the units with the tandem garages. These surface parking spaces are not counted
toward the required guest parking spaces.
Guest parking spaces are required for multifamily units (Fleet and Velocity) at a ratio of one (1)
parking space for every four (4) units. The Tustin Legacy Specific Plan requires 40.25 guest
parking spaces to accommodate the 161 multifamily units. As proposed, there are forty-six (46)
guest parking spaces provided as on-street parallel parking or head-in parking and complies
with the guest parking requirements.
Tentative Tract Map
TTM 18125 is a subdivision of an approximately 20-acre site into eight (8) numbered lots and
two (2) lettered lots for the development of 218 residential condominium units, a community
facility, and other neighborhood amenities. Also included in the map are proposed easements
for sewer, water, and other utility; non-exclusive easements for emergency vehicles and public
services; public access easement over private streets, the community facility and the proposed
plaza/pedestrian bridge location at the future corner of Moffett Drive and Tustin Ranch Road.
With respect to circulation system within the tract, the applicant proposes deviation from the
City's Construction Standards for Private Streets. The following table provides a summary of
the proposed deviations from the Private Street Standards.
ProposedStreet Element Required
Street pavement Width 36' 24'-no parking
26'-no parking
28'-no parking
32'-curb parking one side
Street Curb 6"curb and gutter Flared and shed curb
6"curb and gutter
On-street parallel parking; 9'X 22' 8'x 22'
Curb parking 8'x 20'(end spaces)
Sheet 2 of TTM 18125 shows the sections of the proposed streets and drives, and identifies
which sections would deviate from the Private Street Standard. In each proposed deviation, the
applicant is providing minimum 12-feet-wide vehicle travel lanes. The applicant is also
proposing parallel parking spaces that are 8-feet wide and 20-feet long and flared curbs.
Pursuant to the standards, any deviation will require the Building Official approval. The
proposed deviations have been reviewed by the Building Official and have been determined to
Planning Commission Report
November 28, 2017
CalAtlantic Inc.
Page 11
be consistent with the intent of the established standards. Appropriate findings have been
included to support the request.
TCC Section 9311g5. authorizes the Planning Commission to review and take action on
Tentative Maps; however, since the proposal includes other entitlement applications that require
City Council approval, TTM 18125 is to be forwarded to City Council for concurrent
consideration.
Construction Phasing Plan
The project is proposed to be constructed in eleven (11) phases, including models and build-out
(Figure 8). The first area of the community that will be constructed is at the southern entry, off
of Victory Road. One of each building type will be constructed in this area to serve as models.
The developer will also construct the community facility to showcase the amenity as well as
have it available for residents as they move in. After the models open, construction access will
be restricted to Moffett Drive and public access will be from Victory Road.
In general, most phases will involve constructing one (1) or two (2) Fleet townhome buildings,
one (1) Velocity flats building, and six (6) Icon single-family detached units. The applicant
anticipates starting grading activities in February 2018 and the models to open in October 2618.
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Development Agreement
To strengthen the public planning process, encourage private participation in comprehensive
planning, and reduce the economic risk of development, the California Legislature adopted the
Planning Commission Report
November 28,2017
CalAtlantic Inc.
Page 12
Development Agreement Statute of the'Government Code. Pursuant to the Statute, the City
may enter into an agreement with any person having a legal or equitable interest in real property
and to provide for the development of such property and to establish certain development rights
therein. In addition, the Tustin Legacy Specific Plan Section 4.2.7 requires a DA in conjunction
with or prior to approval of any entitlements associated with private development.
DA 2017-001 included herewith as Attachment C will provide for the orderly implementation of
the General Plan, MCAS Tustin Specific Plan, the phased development and completion in
accordance with the DDA, and certain assurances to the Developer and the City. These
assurances require the cooperation and participation of the City and Developer and could not be
secured without mutual cooperation in and commitment to the comprehensive planning effort
that has resulted in the DA and the Specific Plan.
The DA will include, but not be limited to, the following provisions:
• The term of the DA.
• Public benefits.
• The timing of development as set forth in the DDA.
• Construction of infrastructure and public facilities.
• Annual review of Developer's performance, etc.
Pursuant to TCC Section 9607, the Planning Commission shall consider the DA and make a
recommendation thereon to the City Council. The Planning Commission shall forward its
recommendation to the City Council within thirty (30) days of the time specified for the public
hearing.
Environmental Review
On January-16, 2001, the City of Tustin certified the program FEISIEIR for the reuse and disposal
of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving
a Supplement to the FEISIEIR for the extension of Tustin Ranch Road between Walnut Avenue
and the future alignment of Valencia north loop road. On April 3, 2006, the City Council adopted
Resolution No. 06-43 approving an Addendum to the FEISIEIR and, on May 13, 2013, the City
Council adopted Resolution No. 13-32 approving a Second Addendum to the FEISIEIR. On July
5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the
FEISIEIR. The FEISIEIR, along with its addendums and supplements, is a program EIR under the
California Environmental Quality Act (CEQA). The FEISIEIR, addendums and supplementals
considered the potential environmental impacts associated with development on the former MCAS,
Tustin.
An Environmental Checklist (Initial Study) has been prepared and concluded that the proposed
actions do not result in any new significant environmental impacts or a substantial increase in the
severity of any previously identified significant impacts in the FEISIEIR. Moreover, no new
information of substantial importance has surfaced since certification of the FEISIEIR.
Other-Agencies Input
In compliance with State Subdivision Map Act, the City sent out letters along with a copy of the
TTM 18125 to affected agencies. At the time of finalizing this report, responses were received
from three (3) agencies (Attachment D). The Rancho Santiago Community College District
indicated that the District did not have concerns. The Southern California Air Quality
Planning Commission Report
November 28, 2017
CalAtlantic Inc.
Page 13
Management District (AQMD) stated that, should a CEQA document be prepared for the
proposed project, AQMD may provide recommendations regarding the analysis of potential air
quality impacts. The City of Irvine requested information regarding the number of residential
units in Neighborhood G that have been entitled and are pending entitlement. No further
comments were received.
CONCLUSION
The proposed General Plan Conformity, DA 2017-001, TTM 18125, and DR 2017-012 are
consistent with the Tustin Legacy Specific Plan and the General Plan and would not have any
significant impact to the overall development potential currently allowed. Accordingly, staff
recommends that the Planning Commission approve the General Plan Conformity and
recommending to the City Council to approve DA 2017-001, TTM 18125, and DR 2017-012.
Edmel�j H er `Elizabeth A. Binsack
Senior Planner Director of Community Development
Attachments:
A. Location Map & Land Use Application Fact Sheet
B. Submitted Plans
C. Development Agreement 2017-001 (Draft Ordinance No. 1489)
D. Other Agencies Comments
E. Planning Commission Resolution No. 4355 - General Plan Conformity
F. Planning Commission Resolution No. 4350
• Exhibit k Tustin Legacy Specific Plan EISIEIR Initial Study and Checklist
• Exhibit B: Conditions of Approval
ATTACHMENT A
Location Map &
Land Use Application Fact Sheet
LOCATION MAP
DA 2017-001, TTM 18125, DR 2017-012
CALATLANTIC: LEVITY
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PROJECT SITE
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LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): DA 2017-001, TTM 18125, DR 2017-012
2. LOCATION: PLANNING AREA 15, TUSTIN LEGACY SPECIFIC PLAN
3. ADDRESS: TDB (LOT 19 OF TRACT 17404)
4. APN(S): 430-381-18
5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: TTM 17404
6. SURROUNDING LAND USES:
NORTH: Vacant land SOUTH: Residential
EAST: Residential WEST: Vacant land
7. SURROUNDING ZONING DESIGNATION:
NORTH: Tustin Legacy Specific Plan (SP1) SOUTH: Tustin Legacy Specific Plan (SP1)
EAST: Tustin Legacy Specific Plan (SP1) WEST: Tustin Legacy Specific Plan (SP1)
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH. MCAS Tustin Specific Plan SOUTH: MCAS Tustin Specific Plan
EAST: MCAS Tustin Specific Plan WEST: MCAS Tustin Specific Plan
9. SITE LAND USE:
EXISTING PROPOSED
Use: Vacant Residential
Zoning: T_ustin_Legacy Specific Plan District No Change
General Plan: MCAS Tustin Specific Plan No Change
DEVELOPMENT FACTS:
EXISTING PROPOSED
10. LOT AREA: 20.07 ac. 14.55 ac
REQUIRED PROPOSED
11. LANDSCAPE SETBACKS:
TUSTIN RANCH ROAD 21 feet(min.) 30 feet
MOFFETT DRIVE 7 feet(min.) 10 feet
PARK AVENUE 12 feet(min.) 12 feet
VICTORY ROAD 10 feet(min,) 10 feet(min.)
12. PARKING (SINGLE-FAMILY 2 so. per unit(114 so.) 11_ 4 sp.
DETACHED):
PARKING (MULTIFAMILY): 2 sp. per unit: (322 sp.) 32- 2 sp,
0.25 guest sp. per unit: (40.25 sp.) 46 quest sp.
13. BUILDING HEIGHT(MAX.): 3 stories_{single-family) 3 stories (single-family)
6 stories (multifamily) 3 stories (multifamily)
16. BUILDING SETBACKS:
TUSTIN RANCH ROAD 30 feet(min.) 30 feet(min.)
MOFFETT DRIVE 10 feet(min.) 10 feet(min.)
PARK AVENUE 30 feet(min.) 30 feet(min.)
VICTORY ROAD 10 feet(min.)- 10 feet(min.)
PRIVATE STREET/DRIVE 5 feet(_min.) 5 feet(min.)
17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES,
EASEMENTS, ETC.) N/A
ATTACHMENT C
Development Agreement 2017-001
(Draft Ordinance 1489)
t
ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA)
2017-001 BETWEEN THE CITY OF TUSTIN AND THE
CALATLANTIC INC. TO FACILITATE THE DEVELOPMENT
OF 218 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS
TUSTIN SPECIFIC PLAN.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That proper application has -been submitted by CalAtlantic Inc. for the
development of 218 residential units, a community facility and other
neighborhood amenities on an approximately 20-acre site currently owned by
the City of Tustin within Planning Area 15 of the Tustin Legacy Specific plan.
B. That Tustin Legacy Specific Plan Section 4.2.7 requires all private development
at Tustin Legacy to obtain a Development Agreement in accordance with
Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of
the Tustin City Code. In compliance with Tustin City Code Section 9611, the
Tustin Planning Commission must make a recommendation on the proposed
Development Agreement to the City Council.
C. That a public hearing was duly called, noticed, and held on said application
on November 28, 2017, by the Planning Commission. The Planning
Commission adopted Resolution No. 4356 recommending that the City
Council adopt Ordinance No. 1489.
D. That a public hearing was duly called, noticed, and held on said application
on December 19, 2017, by the City Council.
E. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for
the reuse and disposal of MCAS Tustin. On December 6, 2004, the City j
Council adopted Resolution No. 04-76 approving a Supplement to the
FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and
the future alignment of Valencia North Loop Road. On April 3, 2006, the City
Council adopted Resolution No. 06-43 approving an Addendum to the
FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. i
13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2417, the
City Council adopted Resolution No. 17-23 approving a second Supplement to the
FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program
EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR,
Addenda and Supplement considered the potential environmental impacts
associated with development on the former Marine Corps Air Station, Tustin.
Ordinance No. 1489
DA 2017-001
Page 2
An Environmental Checklist has been prepared and concluded that these
actions do not result in any new significant environmental impacts or a
substantial increase in the severity of any previously identified significant
impacts in the FEISIEIR. Moreover, no new information of substantial
importance has surfaced since certification of the FEISIEIR.
F. That the Development Agreement can be supported by the following findings:
1. The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the Tustin Legacy
Specific Plan in that residential uses are permitted uses within Planning
Area 15 of Neighborhood G.
2. The project is compatible with the uses authorized in the district in which '
the real property is located (Planning Areas 15) in that similar and
compatible uses exist and are envisioned within the close proximity of
the project site
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
project would provide 218 various styles of new housing units for new
and existing Tustin residents thereby providing additional option of
housing types to the City's housing stock.
4. The project will not be detrimental to the health, safety, and general
welfare. The project will comply with the Tustin Legacy Specific Plan,
Tustin City Code, and other regulations to ensure that the project will not
be detrimental in any way.
5. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support existing and future
residents and businesses in Tustin Legacy.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed Development Agreement and conditions of
approval will ensure that the project will have a positive fiscal impact on
the City.
SECTION 2. The City Council hereby approves Development Agreement 2017-001
attached hereto as Exhibit A and subject to final approval of the City
Attorney.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
Ordinance No. 1489
DA 2017-001
Page 3
such decision shall not affect the validity of the remaining portions of
this ordinance, The City Council of the City of Tustin hereby declares
that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 19th day of December, 2017, E
DR. ALLAN BERNSTEIN
Mayor
ERICA N. RABE
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1489
i
ERICA N. RABE, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is 5; that the above and foregoing Ordinance No.
1489 was duly and regularly introduced at a regular meeting of the Tustin City
Council, held on the 19th day of December, 2017 and was given its second reading,
passed, and adopted at a regular meeting of the City Council held on the 16th day of
January, 2018 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE
City Clerk
Published:
EXHIBIT A to
Planning Commission Resolution No. 4355
DA 2017-001
i
i
CITY OF TUSTIN OFFICIAL BUSINESS
REQUEST DOCUMENT BE RECORDED
AND BE EXEMPT FROM PAYMENT OF
A RECORDING FEE PER
GOVERNMENT CODE 6103 AND 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attn: City Clerk
E
Space Above This Line Reserved for Recorder's Use Only
TUSTIN LEGACY DEVELOPMENT AGREEMENT
THIS TUSTIN LEGACY DEVELOPMENT AGREEMENT("Agreement")is entered
into effective as of the Effective Date (as defined below) by and between the CITY OF
TUSTIN, a California municipal corporation ("City"), and CALATLANTIC GROUP, INC., a
Delaware Corporation ("Developer"). City and Developer are collectively referred to herein as
the "Parties" and individually as a"Party".
RECITALS
The following recitals are an integral part of this Agreement and are binding on the Parties.
Capitalized terms used in these Recitals shall have the meanings ascribed to such terms as set forth
in Section 1.1.
A. To strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic risk of development, the Legislature of the
State adopted the"Development Agreement Statute," Sections 65864, et seq., of the Government
Code. The Development Agreement Statute authorizes City to enter into an agreement with any
person having a legal or equitable interest in real property and to provide for development of such
property and to establish certain development rights therein. In addition, MCAS Tustin Specific
Plan Section 4,2.7 states: "prior to issuance of any permits or approval of any entitlements within
the Specific Plan area, all private development shall first obtain a Development Agreement in
accordance with Section 65864 et seq, of the Government Code and Sections 9600 to 9619 of the
Tustin City Code."Pursuant to the authorization set forth in the Development Agreement Statute,
City has enacted procedures for entering into development agreements which are contained in
Tustin City Code Sections 9600 to 9619.
B. City and Developer intend, concurrently with the execution of this Agreement, to
enter into the Tustin Legacy Disposition and Development Agreement for Disposition Parcel 6B,
as the same may be amended from time to time(the"DDA")pursuant to which City shall agree to
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sell, and Developer shall agree to buy and develop, certain real property, all as more specifically
set forth in the DDA.
C. Pursuant to the DDA, Developer has an equitable and/or legal interest in the
Property in that it has the contractual right to purchase the Property from City for development of
the Project.
D. Pursuant to Government Code Section 65864, the Legislature has found and
determined that:
"(a) The lack of certainty in the approval of development projects can result in
a waste of resources, escalate the cost of housing and other development to the
consumer, and discourage investment in and commitment to comprehensive
planning which would make maximum efficient utilization of resources at the least
economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of
the project, the applicant may proceed with the project in accordance with existing
policies, rules and regulations, and subject to conditions of approval, will
strengthen the public planning process, encourage private participation in
comprehensive planning, and reduce the economic costs of development.
(c) The lack of public facilities,including,but not limited to, streets, sewerage,
transportation,drinking water, school, and utility facilities,is a serious impediment
to the development of new housing. Whenever possible, applicants and local
governments may include provisions in agreements whereby applicants are
reimbursed over time for financing public facilities."
In accordance with the legislative findings set forth in Government Code Section 65864,
City wishes to attain certain public objectives that will be furthered by this Agreement. This
Agreement will provide for the orderly implementation of the General Plan of the City("General
Plan"), and the phased development and completion of the Project in accordance with the DDA
and the Specific Plan. This Agreement will further the comprehensive planning objective
contained in the City's General Plan, to promote an economically balanced community with
complimentary and buffered land uses to include commercial, professional, multi-family and
single-family development.
E. The DDA, the Specific Plan and the development under the DDA and the Specific
Plan require a substantial early investment of money and planning and design effort by Developer.
Without the protection provided by this Agreement,uncertainty that the Project may be completed
in its entirety could result in a waste of public resources, escalate the cost of public improvements,
and discourage Developer's_ provision of the Public Benefits or payment for those certain public
improvements specified in the DDA and the Specific Plan. Developer's participation in the
implementation of the DDA and the Specific Plan will result in a number of public benefits. These
benefits require the cooperation and participation of City and Developer and could not be secured
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without mutual cooperation in and commitment to the comprehensive planning effort that has
resulted in the DDA and the Specific Plan.
F. Developer wishes to avoid certain development risks and uncertainties that would,
in the absence of this Agreement, deter and discourage Developer from making a commitment to
implement the DDA and the Specific Plan. These are as follows:
1. It is generally the law in California that, absent extraordinary circumstances
or the approval of a vesting subdivision map, an owner of the land does not obtain a vested right
to improve land until the issuance of a building permit for the improvements and commencement
of substantial construction pursuant to that permit. The result is a disincentive for landowners to
invest monies in the early completion of major infrastructure and other public improvements as
part of any project or in early comprehensive planning and design studies.
2. Development under the DDA and the Specific Plan requires a substantial
early investment of money and planning and design effort by Developer. Uncertainty about City's
land use policies, rules and regulations could result in a waste of private resources, escalate the
cost of certain public improvements, and escalate costs of proposed housing and other uses.
G. The following assurances are of vital concern to Developer to offset or remove the
disincentives and uncertainties set forth in Recital F;
1. Assurance to Developer that, in return for Developer's commitment to the
development of the Property that is contained in the DDA, any approved entitlements, and the
Specific Plan, City will in turn remain committed to the Existing Entitlement Approvals;
2. Assurances to Developer that as Developer becomes obligated for the costs
of designing and constructing the public and private improvements included in the DDA and the
Specific Plan, and to make dedications, Developer will become entitled to rely upon the Vested
Rights in the development of the Property; and
3. Assurances to Developer that in City's administration of the Existing
Entitlement Approvals,Developer will be allowed, consistent with the DDA and the Specific Plan,
to develop the housing types and intensities identified in the DDA and the Specific Plan. These
assurances provide for cooperation and participation of City and Developer and could not be
secured without mutual cooperation in and commitment to the comprehensive planning effort that
has resulted in the DDA and the Specific Plan.
H. The Development Agreement Statute authorizes local agencies to enter into.binding
development agreements with persons having legal or equitable interests. in real property for the
development of such property. City wishes to enter into a development agreement with Developer
to secure the Public Benefits and additional consideration described in this Agreement, and
Developer wishes to enter into a development agreement with City to avoid the development risks
and uncertainties and to obtain the assurances described above.
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I. This Agreement is intended to be, and shall be construed as, a development
agreement within the meaning of the Development Agreement Statute. This Agreement is
intended to augment and further the purposes and intent of the Parties in the implementation of the
DDA and the Specific Plan. This Agreement, as a device for the implementation of the Existing
Entitlement Approvals and the Specific Plan, will eliminate uncertainty in planning for and secure
the orderly development of the Project, ensure a desirable and functional community environment,
provide effective and efficient development of public facilities, infrastructure, and services
appropriate for the development of the Project, assure attainment of the maximum effective
.utilization of resources within the City, and provide other significant public benefits to City and
its residents by otherwise achieving the goals and purposes of the Development Agreement Statute.
In exchange for these benefits to City, Developer desires to receive the assurance that it may
proceed with development of the Project in accordance with the terms and conditions of this
Agreement and the Applicable Rules, all as more particularly set forth herein.
J. City has determined that this Agreement and the Project are consistent with the
Marine Corps Air Station-Tustin Reuse Plan, the General Plan and the Specific Plan and that this ;
Agreement complies with the findings established by Tustin City Code Section 9611 in that the .
Agreement;
1. Is consistent with the objectives, policies, general land uses and programs
specified in the General Plan and the Specific Plan.
2, Is compatible with the uses authorized in the district in which the real
property is located (Specific Plan Neighborhood G, Planning Area 15) Note: the proposed for-
sale residential project complies with the uses authorized by the Specific Plan, E
3. Is in conformity with the public necessity, public convenience, general
welfare, and good land use practices. Note: the Project will enhance housing opportunities within
the City and support economic development and activity in the vicinity of the Project.
4. Will not be detrimental to the health, safety, and general welfare. Note:
compliance with the Specific Plan, Tustin City Code, and other regulations will ensure that the
Project will not be detrimental in any way.
5. Will not adversely affect the orderly development of property. Note: the
proposed Project is orderly and well designed,
6. Will have a positive fiscal impact on the City. Note: the provisions of the
DDA will ensure that the Project will have a positive fiscal impact on the City,
K. On , the Planning Commission held a public hearing on this
Agreement, made certain.findings and determinations with respect thereto, and recommended to
the City Council of City that this Agreement be approved. On ; the City
Council held a public hearing on this Agreement, considered the recommendations of the Planning
Commission, and adopted Ordinance No. , approving this Agreement and authorizing its
execution,
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AGREEMENT
NOW,THEREFORE,in consideration of the above recitals,which are incorporated herein
by this refetence, and for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1. Definitions. Any capitalized word or term used in this Agreement shall have the
definition or meaning ascribed to such word or term as provided in the DDA, unless the word or
term is expressly provided in this Section 1.1 of this Agreement or otherwise expressly defined
in this Agreement, in which event such word or term shall have the definition or meaning as
provided herein. All capitalized terms not specifically defined in the DDA or this Agreement
shall be interpreted by the Director of Community Development of the City. The following terms
when used in this Agreement shall be defined as follows:
1.1.1 "Action"is defined in Section 8.10.
i
I
1.1.2 "Administrative Amendment" is defined in Section 2.6.2.
1.1.3 "Agreement" is defined in the introductory paragraph.
1.1.4 "Applicable Rules" means (a) the Existing Land Use Regulations of the
City; (b) the Future Rules that are not in conflict (as defined in Section 3.6.2) with the Vested
Rights; (c) the Future Rules made applicable to the Project and/or the Property pursuant to
Section 3.6.2 or 3.10; (d) the Existing Entitlement Approvals, and (e)the Subsequent Entitlement
Approvals to which the Project and/or the Property or development and use thereof are made
subject to pursuant to the terms of this Agreement.
E
1.1.5 "Applications" is defined in Section 3.11.2.
1.1.6 "Business Day(s)" means any day on which City Hall is open for business
and shall specifically exclude Saturday, Sunday or a legal holiday. j
1.1.7 "Certificate" is defined in Section 4.4.
1.1.8 "Certificate of Compliance" means that certain Certificate of Compliance
to be issued by the City to Developer pursuant to the DDA only upon satisfaction of all conditions
precedent thereto set forth in the DDA.
1.1.9 "City" is defined in the introductory paragraph,
1.1.10 "City Manager"means Mr. Jeffrey Parker,or his successor in such capacity,
or other designee as identified in writing.by the City Manager.
1.1.11 "City Processing Fees" means (a) all fees and charges imposed by the City
under the then-current regulations for processing applications and requests for permits, approvals,
and other actions and monitoring compliance with any permits issued or approvals granted,
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including Plan Check and Inspection Fees and all applicable processing and permit fees to cover
the reasonable cost to the City of (i)processing and reviewing applications and plans for any
Entitlement Approvals, site review and approval, administrative review, and similar fees imposed
to recover the City's costs associated with processing, reviewing, and inspecting Project
applications, plans and specifications; (ii) inspecting the work constructed or installed by or on
behalf of Developer, and (iii) monitoring compliance with any requirements applicable to
Development of the Project, and (b) all costs incurred by the City in the performance of necessary
studies and reports in connection with the foregoing and its obligations under this Agreement.
1.1.12 "Condominium Plan" means the Condominium Plans creating the
individual units on the Condominium Plan approved by BRE and, with respect to conformity with
Approved Plans only, approved by the City, and Recorded against the Development Parcels or any
portion thereof.
1,1.13 "Costs"is defined in Section 8.10.
1.1.14 "Covenant"is defined in Section 3.1.4. I
1.1.15 "Damages"is defined in Section 5.3.
1.116 "DDA"is defined in the Recital B.
1.1.17 "Decision"is defined in Section 8.10,
1,1.18 "Defaulting Party"is defined in Section 5.1.
1,1.19 "Developer" is defined in the introductory paragraph and includes any
Successors In Interest of Developer.
1.1.20 "Development Agreement Statute" is defined in Recital A.
1,1.21 "Development Permits" means all ministerial permits, certificates and
approvals which may be required by City or other governmental authority for the development and
construction of the improvements for the Project, in each case in accordance with this Agreement,
the DDA,the Applicable Rules and any required environmental mitigation, including engineering
permits, grading permits, foundation permits, construction permits and building permits.
1.1.22 "District"is defined in Section 3,1.1.
1.1.23 "Effective Date" means the date that is thirty (30) days after the date of
approval (second reading) by the City Council of the City's ordinance approving this Agreement,
1,1.24 "EIW' means . the Final Environmental Impact Statement/Final
Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (Final EISIEIR) and
Mitigation Monitoring and Reporting Program for the Final EISIEIR adopted by the City on
January 16, 2001 as subsequently modified by Supplement to the Final EIR/EIS and Addenda to
the Final EISIEIR approved by the City.
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1.1.25 "End User"means any(a)Person owning a Home in fee for use as a single-
family residence; (b)homeowners' association with respect to Common Area conveyed to such
homeowners' association; (c) utility or governmental entity to which a portion of the Property is
transferred or easement granted in connection with and desirable for development of the Property,
and (d) lighting or landscaping district.
1.1.26 "Entitlement Approvals"means(a) all discretionary land use approvals and
entitlements including Specific Plan amendments (if any), tentative and final tract maps, parcel
maps and Design Review approvals as may be applicable for proposed specific uses in connection
with development of the Project on the Property and(b) all conditions of approval legally required
by City as a condition to subdivision of the Property, development of the Property, and
construction of the improvements in accordance with this Agreement. Entitlement Approvals shall
be comprised of the Existing Entitlement Approvals and any Subsequent Entitlement Approvals
approved by the City.
1.1.27 `Existing Entitlement Approvals" means all Entitlement Approvals
approved or issued prior to the Effective Date and including the following which are a matter of
public record on the Effective Date: (a) Development Agreement (DA) 201701; (b) Design
Review (DR) 2017-04, and (c)Tentative Tract Map (TTM) 181.25.
1,1.28 "Existing Land Use Regulations"means the Land Use Regulations in effect i
ori the Effective Date,including the General Plan, the City Zoning Code,the Specific Plan, and all
other ordinances, resolutions, rules, and regulations of the City governing development and use of
the Property in the form and substance in effect as of the Effective Date.
1.1.29 "Final Date" is defined in Section 3.13.1.
1,1.30 "First Party" is defined in Section 8.11.3.
1,1.31 "Force Majeure Delay" is defined in Section 8.11.1 as limited by
Section 8.11.2.
1.1.32 "Future Rules"is defined in Section 3.6.2. j
1,1.33 "General Plan"is defined in Recital D.
1,1.34 "Home" or "Homes" means each row townhome, motor court flat and
single-family detached home and related improvements that are to be developed on the Property
in accordance with the Existing Entitlements Approvals and as further defined on the
Condominium Plan to be Recorded for the Property.
1.1.35 "Land Use Regulations" means all laws, statutes, ordinances, resolutions, j
codes, orders, rules, regulations and official policies of City governing the development and use
of land, including the permitted uses of the Property, the density or intensity of use, subdivision
requirements, timing and phasing of development, the maximum height and size of proposed
buildings, and the provisions for reservation or dedication of land for public purposes.
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1.1.36 "Lot A" is defined in Section 3.14.1.
1.1.37 "Non-Defaulting Party"is defined in Section 5.1.
1.1.38 "Party" and "Parties" are defined in the introductory paragraph.
1.1.39 "Pedestrian Bridge"is defined in Section 3.14.1.
1.1.40 "Phase" means each development and construction phase within the
Property as shown on the Phasing Map attached hereto as Exhibit"F."
1.1.41 "Plan Check and Inspection Fees"means the portion of the City Processing
Fees incurred by the City with respect to its provision of Plan Check and Inspection Services for
the Project,which shall be billed to Developer by City and paid by Developer to City in accordance
with Section 3,13.1(b) of this Agreement.
1.1.42 "Plan Check and Inspection Services"means the services performed by City
staff and its third-party inspectors, engineers and consultants, if any, to catty out and complete
plan check, perform inspections, and monitor Developer compliance with the Applicable Rules,
as needed for review and issuance of encroachment permits, excavation permits, grading permits,
mechanical, electrical and plumbing permits and building permits requested by Developer in
connection with the Project.
1.1.43 "Prevailing Party"is defined in Section 8.10.
1.1.44 "Project" means the development of the Property contemplated by the
Existing Entitlement Approvals as such Entitlement Approvals may be further defined, enhanced
or modified pursuant to the provisions of this Agreement.
1.1.45 "Project Fair Share Contribution"means the fair share of the Tustin Legacy
Backbone Infrastructure Program to be contributed by Developer with respect to the Project as
further described in the DDA and Section 3.13.3.
1.1.46 "Property"means the real property described on Exhibit"A"and shown on
Exhibit"B" to this Agreement.
1.1.47 "Public Benefits" means those public benefits to be provided by the
Developer and the Project as described in Section 3.1 of this Agreement that comprise enforceable
additional consideration to City for this Agreement.
1.1.48 "Publicly Accessible Common Area"shall mean Lot A and a portion of the
Private Streets and Sidewalks to be constructed or installed by Developer on the Property as
generally depicted as "Publicly Accessible Common Area" on Exhibit"E", Schedule"2'.'.
1.1.49 "Publicly Accessible Common Area Improvements" shall mean the
improvements constructed on the Publicly Accessible Common Area.
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1.1.50 "Record", "Recordation", "Recording" and "Recorded" shall mean to
record the specified instrument, or the current or past recording of the specified instrument, in the
official records of Orange County, California.
1.1.51 "Recordable" shall mean in a form suitable for Recording.
1.1.52 "Reservation of Authority" means the rights and authority excepted from
the assurances and rights provided to Developer under this Agreement and reserved to City under
Section 3.10.
1.1.53 "Second Party"is defined in Section 8.11.3,
1.1.54 "Specific Plan" means the City's MCAS Tustin Specific Plan/Reuse Plan,
as amended, and as the same maybe further amended from time to time.
1.1.55 "State"means the State of California,
1.1.56 "Subsequent Entitlement Approvals"means Entitlement Approvals, if any,
approved by City subsequent to the Effective Date in connection with development of the Property.
1.1.57 "Successors In Interest" means each and every Person having a legal or
equitable interest in the whole of the Property, or any portion thereof.
1.1.58 "Fax B"is defined in Section 3.1.1(a),
1.1.59 "Tustin City Code"means the municipal code of the City of Tustin.
1.1.60 "Vested Right" means the rights granted to Developer pursuant to this
Agreement upon its acquisition of the Property to develop the Property in accordance with, and
subject to the terms and conditions of this Agreement,the Existing Entitlement Approvals and any
Subsequent Entitlement Approvals approved by City and made applicable to the Property pursuant
to the terms of this Agreement.
1.2. Exhibits. The following documents are attached to, and by this reference made a
part of, this Agreement:
Exhibit"A"—Legal Description of the Property
Exhibit`B"—Map showing Property and its location
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Exhibit"C"--Public Benefit Improvements
Exhibit"D"—Maximum Tax Burden Schedule
Exhibit"E"--Form of Public Access Covenant and Declaration of Easement
r
Exhibit"F"—Phasing Map
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2. GENERAL PROVISIONS.
2.1. Binding Effect of Agreement. The Property is hereby made subject to this
Agreement. Development of the Property is hereby authorized and shall be carried out only in
accordance with the terms of this Agreement.
2.2. Interests in Property. City and Developer agree that Developer's right to acquire
the Property pursuant to the DDA creates a sufficient legal and/or equitable interest in order to
enter into this Agreement. If Developer fails to acquire any portion of the Property, then this
Agreement shall automatically no longer be effective as to such portion of the Property
concurrently with the date upon which Developer's rights to acquire such portion of the Property
expire.
2.3. Term. The term of this Agreement shall commence on the Effective Date and shall
continue for a term of five (5) years unless this term is terminated, modified, or extended by
circumstances set forth in this Agreement or by mutual written consent of the Parties.
Notwithstanding the foregoing, the term of this Agreement shall be automatically extended during
the term of any Force Majeure Delay, provided that the maximum term of this Agreement as
extended by Force Majeure Delay shall be six (6) years.
2.4. Assignment.
F
2.4.1 Assi Ment and Notification. The rights, interests and obligations
conveyed and provided herein to Developer benefit and are appurtenant to the Property. Developer
has the right to sell, assign and transfer any and all of its rights and interests and to delegate any
and all of its duties and obligations hereunder; provided, however, that such rights and interests
may not be transferred or assigned except in strict compliance with the provisions of Article 2 of
the DDA, which are incorporated herein by this reference as though fully set forth in this
Agreement, and the following conditions:
(a) Developer secures the written consent of City if required pursuant
to Article 2 of the DDA;
(b) Said rights and interests may be transferred or assigned only as an
incident of the transfer or assignment of the portion of the Property to which they relate,including
any transfer or assignment pursuant to a foreclosure of a Mortgage or a deed in lieu of a
foreclosure;
(c) Prior to assignment or transfer, if required pursuant to this
Section 2.4 or Article 2 of the DDA, Developer shall notify City in writing of such assignment or
transfer, the portions of the Property to which the assignment or transfer will be appurtenant, and
the name and address (for purposes of notices hereunder) of the transferee or assignee, together
with the corresponding number of dwelling units and/or non-residential entitlements which are
proposed to be included within such transfer and Developer and the assignee or transferee shall
notify City whether the assignee or transferee will assume any of Developer's obligations under
this Agreement and which of Developer's obligations will be assumed; and
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(d) The assignee or transferee shall have entered into an Assignment
and Assumption Agreement if required by the DDA.
Any attempt to assign or transfer any right or interest in this Agreement except in strict
compliance with this Section 2.4 shall be null and void and of no force and effect.
2.4.2 Subject to Terms of Agreement. Following an assignment or transfer of any
of the rights and interests of Developer set forth in this Agreement in accordance with
Section 2.4.1, the assignee's exercise, use, and enjoyment of the Property shall be subject to the
terms of this Agreement to the same extent as if the assignee or transferee were Developer.
2.4.3 Release of Developer Upon Transfer. Notwithstanding the assignment or
transfer of portions or all of the Property or rights or interests under this Agreement, any transferor
Developer shall continue to be obligated under this Agreement unless released or partially released
by City with respect to Developer's obligations and the other duties and obligations of Developer
under this Agreement, pursuant to this Section, which release or partial release shall apply only
with respect to obligations of Developer following the effective date of the assignment and shall
be provided by City upon the full satisfaction by Developer of the following conditions:
(a) Developer is not then in default under this Agreement;
(b) City has consented to the assignment or transfer if required under
Section 2.4.1;
(c) The assignment or transfer is not a Transfer to an Affiliate or other
Transfer or Transfer of Control for which the DDA expressly provides that Developer shall not be
released from its obligations under the DDA;
(d) The assignment or transfer is an assignment of all Developer's
interest in the Property, the DDA and this Agreement;
(e) An assignee or transferee has assumed all duties and obligations as
to which Developer is requesting to he released pursuant to an Assignment and Assumption
Agreement approved by City; and
(f) The assignee or transferee is financially able to assume the
obligations proposed for assignment and has demonstrated to the reasonable satisfaction of City
that adequate resources have been committed to the full performance of such obligations.
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2.5. Property to Continue to be Subject to This Agreement. In the absence of specific
written agreement by City, pursuant to which City expressly releases the Developer under the
applicable provisions of the DDA or this Agreement, no Transfer shall constitute a release of
Developer from any of its obligations under this Agreement and the Developer shall retain such
obligations and remain jointly and severally liable for such obligations. City shall cooperate with
Developer, at no cost to City, in executing in Recordable form any document that City has
approved to confirm the termination of this Agreement as to any such portion of the Property.
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Notwithstanding the foregoing, the burdens of this Agreement shall terminate as to: (a) any Home
conveyed to a Homebuyer, including any individual residential unit that is sold or leased after
issuance of a certificate of occupancy, (b) any Common Area conveyed to a homeowners'
association, (c) any portion of the Property conveyed or for which an easement is provided to a
utility or governmental entity desirable for development of the Property and/or(d) any portion of
the Property conveyed to any lighting or landscaping district and upon such conveyance or grant
of easement, as applicable the foregoing Homes and/or portions of the Property affected thereby
shall be released from and shall no longer be subject to this Agreement (without the execution or
Recording of any further document or the taking of any further action).
2.6. Amendment or Cancellation of Agreement.
2.6.1 Generally, This Agreement may be amended or cancelled in whole or in
part only in the manner provided for in Government Code Sections 65865.1 or 65868 and Tustin
City Code Section 9615. This provision shall not limit any remedy of City or Developer as
provided by this Agreement. City or Developer may propose an amendment to or cancellation, in
whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent
of the Parties except as provided otherwise in this Agreement, in Government Code Section
65865.1, or in the Tustin City Code.
2.6.2 Administrative Amendments. Any amendment to this Agreement which
does not relate to the Term of this Agreement, permitted uses of the Project, provisions for the
reservation or dedication of land or the conditions, terms,restrictions and requirements relating to '
Subsequent Entitlement Approvals of City, revisions to Public Benefits (other than to the time for
performance of such Public Benefits) or monetary exactions of Developer, shall be considered an
"Administrative Amendment". The City Manager or assignee is authorized to execute
Administrative Amendments on behalf of City and no action by the Planning Commission or the
City Council(and no noticed public hearing)shall be required before the Parties may enter into an
Administrative Amendment. However, if in the judgment of the City Manager it is determined
that a proposal is not an Administrative Amendment or that the proposed Administrative
Amendment should be considered by the approval bodies of the City, the City's Planning
Commission shall conduct a noticed public hearing to consider whether the Administrative
Amendment should be approved or denied, and shall make a recommendation to the City Council
on the matter. The City Council shall conduct a noticed public hearing to consider the request and
the Planning Commission's recommendation on the matter. At the conclusion of the public
hearing, the City Council may approve, deny, or conditionally approve the amendment.
2.6.3 Consent to Amendments. In the case of amendments affecting portions of
the Property, only the consent of the owner of such portion of the Property shall be required so
long as the amendment does not diminish the rights appurtenant to or increase the burdens upon
any other portion of the Property. Any Future Rule applicable pursuant to this Agreement and any
amendment of City Land Use Regulations including to the General Plan, applicable Specific Plan
or City's zoning ordinance, shall not require amendment of this Agreement. Instead, any such
amendment shall be deemed to be incorporated into this Agreement at the time that such
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amendment is approved by the appropriate City decision maker, so long as such amendment is
consistent with this Agreement.
2.6.4 Termination. This Agreement shall be deemed terminated and of no further
effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in
Section 2.3;
(b) Entry of a final court judgment not subject to further appeal setting
aside, voiding or annulling the adoption of the City ordinance approving this Agreement;
(c) The adoption of a referendum measure overriding or repealing the
City ordinance approving this Agreement;
(d) Completion of the Project and the Public Benefits in accordance
with the terms of this Agreement, the DDA, the Entitlement Approvals and the Applicable Rules,
including issuance of all required occupancy permits and acceptance by City or applicable public
agency of all required public improvements and dedications, and City issuance of a DDA
Certificate of Compliance;
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(e) Due to termination by City in accordance with Section 4.3 or
Article 5; or
(f) Upon mutual written agreement of City and Developer.
In addition, City shall have the right, but not the obligation,to terminate this Agreement as
to the portion of the Property reacquired by it pursuant to the Right of Purchase or the Right of
Reversion under the DDA. Termination of this Agreement shall not constitute termination of any
other Entitlement Approvals for the Property. Upon the termination of this Agreement, no Party
shall have any further right or obligation hereunder except with respect to any obligation to have
been performed prior to such termination or with respect to any default in the performance of the
provisions of this Agreement which has occurred prior to such termination or with respect to any
obligations which are specifically set forth as surviving this Agreement.
2.7. Notices,Demands and Communications between the Parties. All notices,demands,
consents, requests and other communications required or permitted to be given under this
Agreement shall be in writing and shall be deemed conclusively to have been duly given(a) when
hand delivered to the other Party; (b)three (3) Business Days after such notice has been sent by
United States mail via certified mail, return receipt requested, postage prepaid, and addressed to
the other Party as set forth below; or(c)the next Business Day after such notice has been deposited
with a national overnight delivery service reasonably approved by the Parties (Federal Express,
United Parcel Service and U,S. Postal Service are deemed approved by the Parties), postage
prepaid, addressed to the Party to whom notice is being sent as set forth with next Business-Day
delivery guaranteed, provided that the sending Party receives a confirmation of delivery from the
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6B (Lot 19) 11-17-2017(agd)(2),docx Development Agreement
delivery service provider, Unless otherwise provided in writing, all notices hereunder shall be
addressed as follows:
If to City: City of Tustin
Tustin City Hall
300 Centennial Way
Tustin, CA 92780
Attention: City Manager
and Attention: Director of Community Development
With a copy to: City Attorney, City of Tustin
Woodruff Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Attention: David E. Kendig, Esq.
If to Developer: CalAtlantic Group, Inc.
c/o Southern California Coastal Division President
15360 Barranca Parkway
Irvine, CA 92618
With a copy to: Rutan&Tucker, LLP
611 Anton Boulevard, 141h Floor
Costa Mesa, CA 92626
Attention: F. Kevin Brazil
Any Party may by written notice to the other Party in the manner specified in this
Agreement change the address to which notices to such Party shall be delivered.
3. DEVELOPMENT OF THE PROPERTY.
3.1. Public Benefits. This Agreement provides assurances that the Project identified
below will be achieved and developed in accordance with the Applicable Rules and this
Agreement, and subject to City's Reservation of Authority. The Parties believe that such orderly E
development of the Project will provide the benefits to the City and additional regional public
benefits including: new housing in immediate adjacency to employment, increased tax revenues,
installation of on-site and off-site improvements, and creation and retention of jobs. In addition
Developer will provide the following additional Public Benefits which constitute specific
additional consideration for this Agreement for the benefit of City:
3.1.1 District Formation. Developer,on behalf of itself and its Successor Owners,
agrees to the imposition of a community facilities, district with a "Tax 'B" component (the
"District"). If established,the District shall be a tax and lien upon the Property in accordance with
the terms of the instruments governing the District and the requirements of this Agreement. The
"Tax B" proceeds shall be used by City to fund a portion of City essential services, including
police and fire protection, ambulance and paramedic services, recreation programs and services,
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street sweeping, traffic signal maintenance and the maintenance of City-owned parks, parkways
and open spaces, lighting, flood control and storm drain services and other City services and
facilities at Tustin Legacy. The term of"Tax B"imposed upon the Property and the Improvements
shall be perpetual and shall not be time limited in any manner unless determined by City in its sole
discretion. Unless otherwise agreed by the City and Developer, each in its sole discretion, the
following shall apply to any District formed by the City:
(a) The annual property tax burden on each Home including all general
and special taxes and assessments from the District shall not exceed the amount shown on
Exhibit"D" attached hereto (the "Maximum Tax Burden Schedule"). Thereafter, taxes and I
assessments imposed pursuant to any District may be adjusted upward at a rate of not less than
two percent (2%) per year and not more than four percent (4%) per year, subject to and as further
described in the rate and method of apportionment.
(b) At the sole discretion of the City,the District may be structured such
that assessments shall be due and payable with respect to the Development Parcels without
consideration for whether or not Homes have been Completed thereon (i.e., such that all Homes
shall be assessed as improved or developed property); provided however, the District assessment
.on unimproved land or undeveloped portions of the Property shall be at an undeveloped property 1
assessment rate of Zero Dollars until a date established by the City,but in no event earlier than the
commencement of the 2018/2019 tax year.
(c) Developer will not oppose a determination by the City to form the I
District, including a determination to subject all or any portion of the Development Parcels and
the Improvements thereon to such assessment, provided that the City, the District and such
assessments comply with Section 3.1.1(a)Lb) and (d). For the avoidance of doubt, nothing in the
foregoing shall prevent Developer from complying in all material respects with Developer's
disclosure obligations under federal securities laws (i.e., Developer shall have the right to require
that disclosures be included within offering memorandum or other disclosure documents when
such disclosures are intended to comply with federal securities laws).
(d) The City will provide Developer with the opportunity to review and
provide input on all documents and budgets relating to the formation of the District(including any
funding and acquisition agreement and the rate and method of allocating the District assessments)
at least thirty(3 0) calendar days prior to the date on which the formation documents are expected
to be submitted for the agenda package for the first public hearing related to the formation of the
District.
(e) The foregoing Tax B shall be imposed by the City in its
Governmental Capacity as an additional Public Benefit made applicable to the Property and the
Improvements thereon. The agreement of Developer to imposition of the District on the terms set
forth above and the payment of such proceeds to the City constitutes additional and material E
consideration to the City under this Agreement.
(f) In addition to the requirements in this Agreement, the establishment
of the District and assessments imposed thereby and the proceeds of any bonds issued in
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connection therewith shall be payable to the City as Public Benefits pursuant to the DDA. In
addition to the remedies imposed pursuant to this Agreement in favor of the City, nothing herein
shall restrict the right of the City to exercise its remedies under this Agreement, including the right
to withhold building permits with respect to the Project, if Developer fails to timely comply with
its obligations with respect to the District.
(g) The City shall not be prohibited by the terms of this Agreement from
subjecting the Property and Improvements thereon to any increase in ad valorem real property tax
pursuant to a City of Tustin-wide election, provided that nothing herein shall be construed to
constitute a waiver by Developer of its right or ability to dispute or oppose passage of a City of
Tustin-wide bond, the proposed formation of any special district or taxing authority in connection
therewith, or the imposition of any such tax, or its right to dispute any portion of the Property'
assessed value.
3.1.2 Developer shall pay the Project pair Share Contribution to the City as and
when described in Section 3.13.3.
3.1.3 Developer shall complete the Public Benefit Improvements listed on
Exhibit"C" within the time periods set forth therein.
3.1.4 At the close of escrow for the Property pursuant to the DDA, Developer
shall Record a covenant, in the form and substance of the public access covenant and declaration
of easement attached hereto as Exhibit "E" or in such other forth acceptable to the City in its sole
discretion, for the benefit of the City and its successors and assigns ("Covenant"),which Covenant
shall be Recorded against the entirety of the Property and shall grant a public access easement in
gross over the Publicly Accessible Common Area for the benefit of the City and its permittees, i
including the general public, providing the right of vehicular, bicycle and pedestrian access, to,
from,upon,over and across the Private Streets and Sidewalks and to and from the adjoining public
streets and sidewalks, as more specifically set forth in the Covenant. As further described in the
Covenant, the Recorded easements for the Publicly Accessible Common Area shall be
memorialized in the future Condominium Plans, following Recordation of those Condominium
Plans and the phased termination of the Covenant, in order to provide public access in, on, over,
across and through the Publicly Accessible Common Area and rights of the public to use the
Publicly Accessible Common Area and the Publicly Accessible Common Area Improvements.
3.1.5 Notwithstanding anything to the contrary in this Agreement,if any payment
under this Section 3.1 is not made or any obligation requiring performance is not performed by
Developer, the City may withhold further issuance of building permits and other approvals,
including final maps, for the Project until such time as Developer has made the required payment
or undertaken the required performance.
3.2. Developer Objectives. In accordance with the legislative findings set forth in
Government Code Section 65864, the Developer wishes to obtain reasonable assurances that the
Project may be developed in accordance with the Applicable Rules and Existing Entitlement
Approvals and with the terms of this Agreement and subject to City's Reservation of Authority.
To the extent of Project development, and as provided by Section 3.5.2, Developer anticipates
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making capital expenditures or causing capital expenditures to be made in reliance upon the DDA
and this Agreement. In the absence of this Agreement,Developer would have no assurance that it
can complete the Project for the uses and to the density and intensity of development set forth in
'this Agreement and the Existing Entitlement Approvals. This Agreement, therefore, is necessary
to assure Developer that the Project will not be (1) reduced or otherwise modified in density,
intensity or use from what is set forth in the Existing Entitlement Approvals; or (2) subjected to
new rules, regulations, ordinances or official policies or plans except for Future Rules made
applicable pursuant to the terms of this Agreement,
3.3. Mutual Objectives. Development of the Project in accordance with this
Development Agreement will provide for the orderly development of the Property in accordance
with the objectives set forth in the General Plan. Moreover, a development agreement for the
Project will eliminate uncertainty in planning for and securing orderly development of the
Property, assure installation of necessary improvements, assure attainment of maximum efficient
resource utilization within the City at the least economic cost to its citizens and otherwise achieve
the goals and purposes established by Government Code Section 65864, Additionally, although
development of the Project in accordance with this Agreement will constrain the City's land use
or other relevant police powers, this Agreement provides City with sufficient reserved powers
during the term hereof to remain responsible and accountable to its residents. In exchange for
these and other benefits to City, the Developer will receive assurance that the Project may be
developed during the term of this Agreement in accordance with the Applicable Rules,Entitlement
Approvals and Reservation of Authority, subject to the terms and conditions of this Agreement.
3.4. Applicability of the Agreement. This Agreement does not: (a) grant density or
intensity in excess of that otherwise established in the Existing Entitlement Approvals;
(b) eliminate future discretionary actions relating to the Project that are either required by the,
Applicable Rules or requested by Developer pursuant to applications initiated and submitted by
Developer after the Effective Date; (c) guarantee that Developer will receive any profits from the
Project; (d) amend the DDA, the Specific Plan or the General Plan; (c) except as specifically set
forth in Section 3.6.2 and 3.10, protect the Developer, the Project or the Property from the
applicability of any Future Rules (i) imposed pursuant to City's Reservation of Authority or
(ii) adopted by the City and not in conflict (as defined in Section 3.6.2) with Existing Land Use
Regulations; or(f)protect the Developer, the Project or the Property from the applicability of any
increases in development fees or City Processing Fees.
3.5. Aereement and Assurance on the Part of the Developer. In consideration for City
entering into this Agreement, and as an inducement for City to obligate itself to carry out the
covenants and conditions set forth in this Agreement, and in order to effectuate the premises,
purposes and intentions set forth in this Agreement, Developer hereby agrees as follows:
3.5.1 Project Development. Developer agrees that it will use commercially
reasonable efforts, in accordance with its own business judgment and taking into account market
conditions and economic considerations, to undertake any development of the Project in
accordance with the terms and conditions of the DDA,this Agreement and the Existing Entitlement
Approvals.
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3.5.2 Additional Obligations of Developer as Con sideration for this Agreement.
In addition to the obligations identified in Section 3.1, the development assurances provided by
this Agreement and the resulting constriction of the Project will result in the following:
(a) Construction of a two hundred eighteen (218) unit for-sale
residential condominium complex upon the Property, containing approximately fifty-seven (57)
detached and one hundred sixty one (161) attached units, consistent with this Agreement, the
Applicable Rules, the Entitlement Approvals and the DDA, including in accordance with the
schedule of performance set forth in the DDA.
. (b) Construction of all Improvements identified in the DDA in
accordance with the schedule of performance set forth in the DDA.
(c) Completion of all Public Benefit Improvements identified on
Exhibit"C" in accordance with the schedule of performance set forth in the DDA and this
Agreement.
(d) Compliance with the DDA, the Applicable Rules and Entitlement
Approvals, state and federal law, all mitigation measures, including measures imposed pursuant to
CEQA, all Development Permits and all conditions of approval associated with the foregoing.
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(e) Payment of all required development related fees as set forth in the
DDA and this Agreement,
t
3.6. Agreement and Assurances on the Part of City. In consideration for Developer
entering into this Agreement, and as an inducement for Developer to obligate itself to carry out
the covenants and conditions set forth in this Agreement, and in order to effectuate the purpose of
this Agreement, City hereby agrees as follows:
3.6.1 Applicable Regulations; Vested Right to Develop. To the maximum extent
permitted by law, Developer has the vested right for the term of this Agreement to develop the
Project subject to the terms and conditions of the DDA, this Agreement, the Applicable Rules,
state and federal law, and the Existing Entitlement Approvals and any Subsequent Entitlement
Approvals approved by City, in each case subject to City's Reservation of Authority. Other than
as expressly set forth herein, during the Term of this Agreement, the terms and conditions of
development applicable to the Property, including the permitted uses of the Property, the density
and intensity of use, maximum height and size of proposed buildings, the design, improvement
and construction standards ,and specifications applicable to the development of the Property,
including any changes authorized pursuant to Section 3.6.2, and the provisions for the reservation
and dedication of land as needed for public purposes pursuant to Governmental Requirements,
shall be those set forth in the DDA, the Applicable Rules, and the Entitlement Approvals. In
connection therewith and subject to the terms of this Agreement including the Reservation of
Authority, Developer shall have the Vested Rights .to carry out and develop the Property in
accordance with the Applicable Rules and the Entitlement Approvals and the provisions of this
Agreement.
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3.6.2 Changes Authorized by City. To the extent any changes in the Existing
Land Use Regulations, or any provisions of future General Plans, Specific Plans, Zoning
Ordinances or other rules, regulations, ordinances or policies of City (whether adopted by means
of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted
by the City Council, Planning Commission, or any other board, commission, agency, committee,
or department of City, or any officer or employee thereof) following the Effective Date
(collectively, "Future Rules") are not in conflict with the Vested Rights, such Future Rules shall
be applicable to the Project. For purposes of this Section 3.6.2, the word "conflict"means Future
Rules that would (a) frustrate in a more than insignificant way the intent or purpose of the
Applicable Rules in relation to the Project; (b)materially increase the cost of performance of, or
preclude compliance with, any provision of the Vested Right; (c) delay in a more than insignificant
way development of the Project; (d) limit or restrict the availability of public utilities, services,
infrastructure of facilities(for example,but not by way of limitation,water rights,water connection
or sewage capacity rights, sewer connections, etc.) to the Project; or (e)impose limits or controls
in the rate,timing, phasing or sequencing of development of the Project,
Notwithstanding the foregoing, a Future Rule that conflicts with the Applicable Rules shall '
nonetheless apply to the Property if, and only if one of the following apply: (i) it is consented to
in writing by Developer; (ii) it is determined by City and evidenced through findings adopted by
the City Council that the change or provision is reasonably required in order to prevent a condition
dangerous to the public health or safety as set forth in Section 3.10.3; (iii)required by changes in
State or Federal law as set forth in Section 3.10.2; (iv) it consists of revisions to, or new building
regulations permitted by Section 3.10,4; or (v) it is otherwise expressly permitted by this
Agreement.
3.6.3 Availability of Public Services. To the maximum extent permitted by law
and consistent with its authority,City shall use commercially reasonable efforts to assist Developer
in reserving such capacity for sewer and water services as maybe necessary to serve the Project,
at no cost or expense to City.
3.6.4 Allocation of Development Rights under Specific Plan, City hereby
acknowledges that it has allocated to the Property and reserved for development of the Project a
total of two hundred eighteen(218)residential units from the total Specific Plan Neighborhood G,
Planning Area 15 authorization; provided that the total number of residential unit development
rights actually allocated to the Property shall be equal to two hundred eighteen (218) residential
units or such lesser number of units as are described on the Recorded Condominium Plans and
actually constructed by Developer prior to issuance of the Certificate of Compliance, and, except
to the extent any of such rights were conveyed by the City to third parties prior to the Effective
Date, the City shall retain all residential units and all development rights associated with Specific
Plan Neighborhood G, Planning Area 15 above the number of units shown on the Recorded
Condominium Plans and constructed prior to the issuance of the Certificate of Compliance, and
the units and development rights retained by the City shall be freely transferable by the City
throughout Tustin Legacy.
3.7. Effect of Agreement on Land Use Regulations. Except as otherwise provided under
the terms of this Agreement including the Reservation of Authority (and notwithstanding any
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future action of City or its citizens, whether by ordinance, resolution,initiative or otherwise), the
rules, regulations, and official policies governing the Project, including the permitted uses of the
Property,the density and intensity of use of the Property,the maximum height and size of proposed
buildings,the design, improvement and construction standards and specifications applicable to the
Project, including any changes authorized pursuant to Section 3.6.2, the subdivision of land and
requirements for infrastructure and public improvements, and other terms and conditions of the
Project, shall be the Applicable Rules and the provisions of this Agreement. City shall accept for
processing and review and take action on all applications for Subsequent Entitlement Approvals
as provided in Section 3.9. In connection with any Subsequent Entitlement Approval, City shall
exercise discretion in the same manner as it exercises its discretion under its police powers,
including the Reservation of Authority; provided however, that such discretion shall not prevent.
development of the Project as set forth in this Agreement.
3.8. Timiny, of Development. The timing of development will be as set forth in the
DDA. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo
(1984)37 Ca1.3d 465,that the failure of the parties therein to provide for the timing of development
resulted in a later adopted initiative restricting the timing of development to prevail over such
parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing
that Developer will adhere to the terms of the DDA regarding the timing of development.
3.9. Subsequent Entitlement Approvals; Changes and Amendments. The Parties
acknowledge that refinement and further development of the Project may require Subsequent
Entitlement Approvals and may demonstrate that changes are appropriate and desirable in the
Existing Entitlement Approvals. Entitlement Approvals (except for this Agreement, the
amendment process for which is set forth in Section 2.6)may be amended or modified from time
to time, but only at the written request of Developer or with the written consent of Developer(in
its sole and absolute discretion). All amendments to the Entitlement Approvals shall automatically
become part of the Applicable Rules. In the event Developer finds that a change in the Existing
Entitlement Approvals is necessary or appropriate, Developer shall apply for a Subsequent
Entitlement Approval to effectuate such change and City shall process and act on such application
in accordance with the Applicable Rules, except as otherwise provided by this Agreement,
including the Reservation of Authority. If approved, any such change in the Existing Entitlement
Approvals shall thereafter be deemed to be an Existing Entitlement Approval and a Vested Right
for all purposes of this Agreement without requiring an amendment to this Agreement and may be
further changed from time to time as provided in this Section.
3.10. Reservation of Authority. Notwithstanding any other provision of this Agreement
to the contrary, the Future Rules described in this Section 3.10 shall apply to and govern
development of the Property and Project to the extent set forth herein.
3.10.1 Consistent Future City Re laug tions. Future Rules shall apply to and govern
development of the Property,provided that any.Future Rules which reduce the density or intensity
of the Project below that permitted by the Existing Land Use Regulations or the Existing
Entitlement Approvals, alter the permitted uses of the Property, reduce the maximum height or
size of any permitted buildings, impose additional obligations in connection with the reservation
or dedication of land for public purposes beyond the requirements identified in the DDA, or limit
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the rate, timing, or sequencing of development of the Property from that required in the DDA or
in any Entitlement Approvals, shall be deemed inconsistent with this Agreement and shall not be
applicable to the development of the Property and Project.
3.10.2 Overriding State and Federal Laws. City shall not be precluded from
adopting and applying Future Rules to the Property and the development of the Project to.the extent
that such Future Rules are required to be applied by State or Federal laws or regulations even if
such Future Rules would override Developer's Vested Rights as set forth in this Agreement,
provided however, that (a) Developer does not waive its right to challenge or contest the validity
of such State or Federal rules or regulations; and (b) such Future Rules, if in conflict with the
Vested Rights (as defined in Section 3.6.2), shall only be applied to the Project and development
of the Project to the extent necessary to comply with such new State or Federal law or regulation.
In the event that such State or Federal law or regulation (or Future Rules undertaken pursuant
thereto)prevents or precludes substantial compliance with one or more provisions of the Existing
Land Use Regulations or this Agreement, the Parties agree to consider in good faith amending or
suspending such provisions of this Agreement as may be necessary to comply with such State or
Federal laws (or Future Rules), provided that no Party shall be bound to approve any amendment
to this Agreement unless this Agreement is amended in accordance with the procedures applicable
to the adoption of development agreements as set forth in the Development Agreement Statute and
Tustin City Code and each Party retains full discretion with respect thereto.
3.10.3 Public Health and Safety. Nothing in this Agreement shall preclude the City
Council from adopting and applying Future Rules that the City Council finds are reasonably
necessary to protect persons on the Property or in the immediate community, or both, from
conditions dangerous to their health or safety notwithstanding that the applications of such Future
Rules, or other similar limitation would result in the impairment of Developer's Vested Rights
under the Agreement or the Existing Land Use Regulations. In determining whether any such
Future Rules are reasonably necessary to protect persons as set forth above,the City Council shall
make findings, based on evidence presented to and accepted by the City Council that the changes
are reasonably necessary to protect the public health or safety. The provisions of this
Section 3.10.3 do not apply to any measure adopted by initiative or referendum.
3.10.4 Uniform Construction Codes and Regulations. Policies and rules governing
engineering and construction standards and specifications applicable to public and private
improvements, including all uniform codes adopted by City and any local amendments to those
codes adopted by City in the future shall apply to the Project and Property.
3.10.5 Police Power. In all respects not provided for in this Agreement, City shall
retain full rights to exercise its police powers to regulate development of the Project and Property.
Any uses or development requiring design review, a tentative tract map, a conditional use permit,
a variance,or other Entitlement Approvals in accordance with Existing Land Use Regulations shall
require a permit or approval pursuant to this Agreement and notwithstanding any other provision
set forth herein,this Agreement is not intended to vest Developer's right to issuance of such permit
or approval.
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3.11. Processing.
3.11.1 Subdivisions. A subdivision, as defined in Government Code Section
66473.7, shall not be approved unless a tentative map for the subdivision complies with the
provisions of said Section 66473.7. This provision is included in this Agreement to comply with
Section 65867.5 of the Government Code.
3.11.2 Subsequent Entitlement Approvals. City shall employ all lawful actions
capable of being undertaken by City to promptly (a) accept all complete applications for
Subsequent Entitlement Approvals (collectively, "Applications") and (b)process and take action
upon Applications in accordance with the Applicable Rules with a goal of completing the review
within time frames identified in the DDA; provided however, that City shall not be deemed in
default under this Agreement should such time frame(s) not be met. To the extent that Developer
desires that City plan check or process an Application on an expedited basis and to the extent that
it requires an additional expense beyond the customary expense applicable to the general public,
City shall inform Developer of such additional expense,including the cost of overtime and private
consultants and other third parties. If acceptable to Developer, Developer shall pay the additional
cost and City shall use good faith efforts to accelerate the processing time utilizing overtime and
the services of private consultants and third parties to the extent available. Upon the written
request of Developer, City shall inform Developer of the necessary application requirements for
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any requested City approval or requirement relating to the Project. At such time as a Subsequent
Entitlement Approval applicable to the Property is approved by City, then such Subsequent
Entitlement Approval shall become subject to all of the terms and conditions of this Development
Agreement and shall be treated as an"Entitlement Approval"under this Development Agreement.
3.11.3 Filings. Developer shall exercise reasonable efforts to file applications for
Development Permits and Entitlement Approvals within the time frames and schedules as
generally outlined in the DDA and shall exercise reasonable efforts to attempt to obtain
Development Permits and Entitlement Approvals within the time frames identified in the DDA;
provided, however, that failure solely to comply with such time frame(s) shall not be deemed to
be a default under this Agreement.
3.11.4 Cooperation. City and Developer shall cooperate in processing all
applications for permits and approvals for the Project, provided, however, that such cooperation
shall not include any obligation of City to incur any un-reimbursed expense, and City shall be
entitled, subject to the terms of this Agreement, the DDA and Developer's rights hereunder, to
exercise all discretion to which it is entitled by law in processing and issuing any permits and
approvals for the Project.
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3.11.5 Approvals. Notwithstanding any administrative or judicial proceedings,
initiative or referendum concerning any of the Entitlement Approvals, City shall process
applications for permits and approvals as provided herein to the fullest extent allowed by law and
Developer may proceed at its sole risk with development of the Project pursuant to the DDA the
Applicable Rules and Entitlement Approvals to the fullest extent allowed by law.
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3.12, CSA, This Agreement does not modify, alter or change the City's obligations
pursuant to CEQA. Developer acknowledges that City is required by State law to comply with
CEQA in the consideration and approval of any Subsequent Entitlement Approval and/or any
amendment to this Agreement. The EIR,which has been certified by City as being in compliance
with CEQA, addresses the potential environmental impacts of the entire Project as it is described
in the Existing Entitlement Approvals. Nothing in this Agreement shall require or be construed to
require CEQA review of ministerial approvals. It is agreed that, in acting on any discretionary
Subsequent Entitlement Approvals for the Project, City shall rely on the ETR to satisfy the
requirements of CEQA to the extent permissible by CEQA. In the event that any additional CEQA
documentation is legally required for any discretionary Subsequent Entitlement Approval for the
Project, then the scope of such documentation shall be focused, to the extent possible consistent
with CEQA, on the specific subject matter of the Subsequent Entitlement Approval and City shall
conduct such CEQA review as expeditiously as possible, at Developer's expense, Nothing herein
shall restrict or limit the obligation of Developer to pay for and implement any additional
mitigation measures or conditions of approval imposed as a result of such CEQA and any
Subsequent Entitlement Approval process,
3.13. Fees.
3.13.1 Processing Fees and Charges.
(a) The City shall have the right to charge and Developer shall be
required to pay all City Processing Fees for the Project. Except as otherwise specifically set forth
in Section 3,13.1(b), such City Processing Fees shall be paid in accordance with the procedures
and at the generally applicable rates in effect at the time such City Processing pees are due.
(b) With respect to Plan Check and Inspection Services only, the City
shall be entitled to charge and Developer shall reimburse the City for its costs to make available
City staff, including the City Attorney, and third-party engineers and consultants, if any, as
required to complete, process, and review plans and applications, complete plan check, perform
inspections, and monitor Developer compliance with the requirements of this Agreement and the
Applicable Rules. Not later than ten (10) Business Days following approval by the City of this
Agreement, and as a condition to the effectiveness of this Agreement, Developer shall deliver to
the City in cash or cash equivalent funds, a deposit in an amount reasonably requested by City
which shall be based on the City's estimate of staff and third-party consultant time required to
complete and perform plan check and inspections (the "City Costs Deposit"). The City Costs
Deposit shall be deposited by the City in an account in a bank or trust company selected by the
City and with no requirement that such account be interest bearing. If any interest is paid on such
account, such interest shall accrue to any balances in the account for the benefit of the City. If at
any time prior to the latest to occur of(a) issuance of the final Certificate of Compliance for the
Property; (b)the issuance of the final certificate of occupancy for a Building on the Property; or
(c)termination of the DDA (the "Final Date"), the amount of funds in the City Costs Deposit
account is depleted below Ten Thousand Dollars ($10,000), then Developer shall be required to
pay. to the City each time an additional Twenty Thousand Dollars ($20,000)or such other amount
as the City may specify as required in City's estimation to cover the cost of Plan Check and
Inspection Fees, which shall be credited to the City Costs Deposita Each such payment shall be
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deposited by the City into the City Costs Deposit account and shall be applied to reduce the amount
of Plan Check and Inspection Fees incurred by the City. The City Costs Deposit has been
established to fund the Plan Check and Inspection Fees incurred by the City and may be used by
the City for such purpose, and shall be depleted accordingly. Immediately upon incurring any Plan
Check and Inspection Fees or costs or receipt of an invoice from third parties for same, the City
shall have the right to deduct the amounts due it on account thereof from the City Costs Deposit.
A monthly accounting of deductions documenting staff time spent to process and review plans and
applications,complete plan check,perform inspections, and monitor Developer compliance, along
with documentation evidencing any other deductions from the City Costs Deposit shall be provided
by City to Developer. The City Costs Deposit shall be retained by the City until the Final Date
specified above and the remaining amount of the City Costs Deposit then held by the City, if any,
shall be promptly returned by the City to Developer thereafter, provided that the return of such
funds shall not terminate the obligations of Developer to pay all City Processing Fees arising or
incurred prior to the Final Date. Developer shall pay any outstanding amounts due with respect to
the City Processing Fees to the City within thirty(3 0)calendar days following receipt of an invoice
from the City therefor,provided that the City shall first apply the amount of the City Costs Deposit,
if any,then held by it in satisfaction of such invoice, and shall reflect the amount of such credit on
the invoice.
3.13.2 Development Fees. City shall have the right to impose, and Developer shall
pay, all development fees adopted by City at the time of issuance of building permits for the
Project.
3.13.3 Project Fair Share Contribution. The Project Fair Share Contribution
(relating to the Tustin Legacy Backbone Infrastructure Program) to be contributed by Developer
with respect to the Project shall be One Million Three Hundred Forty-One Thousand One Hundred
Forty Three Dollars and Zero Cents ($1,341,143.00). Such amount shall be paid at the Close of
Escrow under the DDA and shall be in addition to the Base Purchase Price for the Property
pursuant to the DDA.
3.14. Dedications; Pedestrian Bridge.
3.14.1 Dedications. Developer acknowledges and agrees that it is required (and
will be required): (a) to make an irrevocable offer of dedication to the City of a fee interest in and
to Lot A (as depicted on the Tentative Tract Map 18125) ("Lot A"), upon which the City shall
have the right, but not the obligation, to construct a pedestrian bridge between Lot A and the
property located across Tustin Ranch Road ("Pedestrian Bridge"); and (b) dedicate to City and j
other public agencies on the approved tentative tract map, or in conjunction with Entitlement
Approvals, certain required dedications as requited by the DDA and the Applicable Rules, and '
pursuant to the EIR and as required pursuant to Developer's assumption of City MCAS Tustin
obligations under the"Agreement Between the City of Irvine and the City of Tustin Regarding the
Implementation, Timing; Funding of Transportation/Circulation Mitigation for the MCAS Tustin
Project" and the "Amendment to the Joint.Exercise of Powers Agreement Between the City of
Santa Ana and the City of Tustin Regarding the Tustin-Santa Ana Transportation Improvement
Authority".
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3.14,2 Pedestrian Bridge. As described in the Specific Plan, the City is
contemplating construction of a Pedestrian Bridge within all or a portion of Lot A. If the City
chooses, in its sole discretion, to construct the Pedestrian Bridge, the Developer shall be provided
a reasonable opportunity to review and comment on the plans and specifications for the Pedestrian
Bridge in order to seek to minimize impacts to the Approved Plans.
3.15. Regulation by Other Public Agencies. It is acknowledged by the Parties that other
public agencies not within the control of City possess authority to regulate aspects of the Project
and development of the Property separately from or jointly with City and this Agreement does not
limit the authority of such other public agencies. City agrees to cooperate fully,at no out of pocket
cost to City, with Developer in obtaining any required permits or compliance with the regulations
of other public agencies provided such cooperation is not in conflict with any laws, regulations or
policies of City,
3.16, Tentative Tract Map Extension. Any subdivision map, heretofore or hereafter
approved in connection with development of the Property, shall be eligible for extensions of time
as provided in Government Code Section 66452.6, except that any extension shall be consistent
with any applicable performance schedule as provided or established in the DDA and shall not be
deemed or considered in any way an extension of any Developer rights or obligations under the
DDA.
3.17. Certain Restrictions on Building Permit Issuance, Recording of Final Map.
Development of the Project will require approval by City of the Final Map. Developer
acknowledges and agrees that City will not issue a building permit for any Homes, other than
model Homes, until such time as (a) the Final Map has been approved by City and Recorded and
(b) City and Developer have entered into a Subdivision Improvement Agreement in form approved
by City in its Governmental Capacity,
3.18. No Quimby Act Fees or Park Fees. Except as set forth on Exhibit "C" or required
by the Entitlement Approvals, all fees and/or dedications required in connection with the Project
pursuant to the Quimby Act, California Government Code Section 66477, are included within the
Project Fair Share Contribution and Developer shall not have any additional liability on account
thereof,
3.19. Compliance with Legalquirements. Prior to the issuance of any certificate of
occupancy for any Home within a Phase,Developer shall satisfy all applicable requirements of the
Tustin Municipal Code, Specific Plan, and conditions of approval of the Entitlement Approvals
relating to or necessary for such Home.prior to the issuance of a certificate of occupancy for such
Home, including compliance with the Americans with Disabilities Act and necessary Horizontal
Improvements, including Common Area Improvements, to support such Home.
3.20, Required Completion of Horizontal Improvements. Developer shall complete all
Horizontal Improvements (as such term is defined in the DDA) prior to the issuance of the
certificate of occupancy for the first Horne.
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3.21. Required Landscaping and Irrigation Improvements. Developer shall complete all
landscaping and irrigation improvements that had been assured through the provision of bonds,
guarantees, cash collateral, or other instruments pursuant to Exhibit "C" of this Agreement prior
to the issuance of the final certificate of occupancy for the units in the last Phase. Developer shall
enter into a Landscape Installation and Maintenance Agreement with the City of Tustin for the
construction, maintenance, repair, and replacement of the landscaping described in the DDA for
the maintenance of parkway improvements within public rights-of-way adjacent to the project
along Victory Road, Park Avenue, Moffett Drive and Tustin Ranch Road.
4. ANNUAL REVIEW.
4.1. Timing and Annual Review. The City Council shall review Developer's
performance under`this Agreement at least every twelve(12)months from the Effective Date until
expiration of the Agreement, In connection with such review,both City and Developer shall have
a reasonable opportunity to assert matters which either believes have not been undertaken in
accordance with this Agreement, to explain the basis for such assertion, and to receive from the
other Party a justification of its position on such matters.
4.2. Review Procedure. City shall provide notice to Developer and deliver to Developer
a copy of all public staff reports, documents and related exhibits concerning City's review of
Developer's performance hereunder at least thirty (30) calendar days prior to any date proposed
for City Council review of performance under the Agreement.
4.3. Good Faith Compliance. Developer shall demonstrate good faith compliance with
the terms of this Agreement and shall furnish evidence of good faith compliance, as City, in its
reasonable exercise of its discretion, may require. Evidence of good faith compliance may include
the following:
(a) conformance with the DDA including the Scope of Development and
Schedule of Performance;
(b) conformance with the requirements of the Specific Plan; and
(c) conformance with provisions of this Agreement identified by City.
4.3.2 Response. Developer shall have the opportunity to be heard and respond to
City's evaluation of Developer's performance, either orally or in a written statement, at
Developer's election.
4.3.3 Non-Compliance. If, as a result of itsperiodic review as described in
Section 4.1, the City Council finds and determines, on the basis of substantial evidence, that the
Developer has not complied in good faith with the terms or conditions of this Agreement,the City
Council may commence proceedings to enforce, modify, or terminate this Agreement.
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4.3.4 Referral. The City Council may refer the matter to the Planning
Commission for further proceedings or for a report and recommendation.
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4.4. Modification or Termination. If the City Council determines to proceed with
modification or termination of this Agreement, the City Council shall give notice to Developer of
its intention to do so. The Notice shall contain all information required by Tustin City Code
Section 9618. At the time and place set for the hearing on modification or termination, the City
Council may refer the matter back to the Planning Commission for further proceedings or for a
report and recommendation. The City Council may take such action as it deems necessary to
protect the interests of City, including the receipt of additional evidence as to Developer's
compliance with the terms of this Agreement. The decision of the City Council shall be final,
subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5(b),
4.5. Certificate of Agreement Compliance. If, at the conclusion of a periodic review,
Developer is found to be in compliance with this Agreement, City shall, upon request of the
Developer, issue a Certificate (the "Certificate") to Developer stating that after the most recent
periodic review and based upon the information known or made known to the City Council that:
(a) this Agreement remains in effect, and (b) Developer is not in default. The Certificate shall be
in Recordable form, shall contain information necessary to communicate constructive record
notice of the finding of compliance, and shall state the anticipated date of commencement of the
next periodic review. Developer may Record the Certificate with the County Recorder, If City
does not find Developer to be in compliance with this Agreement, it shall not be obligated to issue i
the Certificate.
5. DEFAULT, REMEDIES, AND TERMINATION.
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5.1. Default Procedure. A non-defaulting Party (the "Non-Defaulting Party") at its
discretion may elect to declare a default under this Agreement in accordance with the procedures
hereinafter set forth for any failure or breach of any other Party ("Defaulting Party") to perform
any material duty or obligation of said Defaulting Party in accordance with the terms of this
Agreement. However, the Non-Defaulting Party must provide written notice to the Defaulting
Party setting forth the nature of the breach or failure and the actions, if any, required by the
Defaulting Party to cure such breach or failure, The Defaulting Party shall be deemed to be in
"default" of its obligations set forth in this Agreement if the Defaulting Party has failed to take
action and cure the default within ten(10) calendar days after the date of such notice(for monetary
defaults) or within thirty (30) calendar days after the date of such notice (for non-monetary
defaults). If,however, a non-monetary default cannot.be cured within such thirty(3 0) day period,
as long as the Defaulting Party does each of the following:
(a) provides the Non-Defaulting Party with a written, reasonable explanation
as to the reasons the asserted default is not curable within the thirty(30) day period;
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(b) notifies the Non-Defaulting Party in writing of the Defaulting Party's
proposed course of action to cure the default;
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(c) promptly commences to cure the default within the thirty(30) day period;
(d) makes periodic written reports to the Non-Defaulting Party as to the i
progress of the program of cure; and
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(e) diligently prosecutes such cure to completion,
then the Non-Defaulting Party shall grant in writing the Defaulting Party such additional time as
determined by the Non-Defaulting Party as reasonably necessary to cure such default.
5.2. City' Remedies. In the event of an uncured default by Developer under this
Agreement,the City,at its option,may institute legal action to cure,correct or remedy such default,
enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific
performance, or pursue any other legal or equitable remedy. Furthermore, City, in addition to or
as an alternative to exercising the remedies in this Section 5.2,in the event of a material default by
Developer, may give notice of its intent to terminate or modify this .Agreement pursuant to
Section 4.3, in which event the matter shall be scheduled for consideration and review by the City
Council in the manner set forth in Tustin City Code Section 9618. The decision of the City Council
shall be final, subject only to judicial review pursuant to California Code of Civil Procedure
Section 1094.5(b).
5.3. Developer's Remedies. In the event of an uncured default of City under this
Agreement, Developer shall be entitled to any or all of the following remedies: (a) seeking
mandamus or special writs, injunctive relief, or specific performance of this Agreement;
(b)modification or termination of this Agreement; or (c) seeking any other remedy available at
law or in equity,provided, however, except as provided in Section S.10,the Developer agrees and
covenants on behalf of itself and its Successors In Interest,not to sue City for damages or monetary
relief for any breach of this Agreement or arising out of or connected with any dispute, controversy
or issue regarding the application or effect of this Agreement, or for general, special,
compensatory, expectation, anticipation, indirect, consequential, exemplary, or punitive damages
("Damages") arising out of or connected with any dispute, controversy, or issues regarding the
application or effect of this Agreement, the DDA, the Applicable Rules, or any Development
Permits or Entitlement Approvals sought in connection with development or use of the Property
or Project, or any portion thereof. Developer acknowledges that City would not have entered into
this Agreement if City could be held liable for Damages for any default or breach arising out of
this Agreement and that Developer has adequate remedies other than Damages to secure City's
compliance with its obligations under this Agreement. Therefore, Developer agrees that City, its
officers,employees and agents shall not be liable for any Damages and that this section shall apply
to all Successors in Interest of the Developer.
5.4. Third Party Legal Challenges. In the event of any legal action instituted by a third
party challenging the validity or enforceability of any provision of this Agreement,the Applicable
Rules, the DDA,or Entitlement Approvals for the Project or the approval of any CEQA document
prepared in connection with the foregoing,Developer agrees,at its sole cost and expense,to defend
(with counsel reasonably acceptable to City), indemnify, and hold harmless City, its officers,
employees,agents, and consultants,from any claim,action,or proceeding against City,its officers,
agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of
the City Council, the Planning Commission, or any other decision-making body, including staff,
concerning the Project. City agrees to promptly notify Developer of any such claim or action filed
against City and to cooperate in the defense of any such action. Developer shall also indemnify
and hold harmless City and its agents, officials and employees from and against all claims, losses,
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or liabilities assessed or awarded against City by way of judgment, settlement,or stipulation. City
may elect to participate in the defense of any such action under this condition.
6. INDEMNITY BY DEVELOPER.
Developer agrees to indemnify, defend,and hold harmless City, City's designees,and their
respective elected and appointed officials, boards, commissions, agents, contractors, and
employees from and against any and all actions, suits, claims, liabilities, losses, damages,
penalties, obligations and expenses(including attorney's fees and costs) which may arise, directly
or indirectly, from the acts, omissions, or operations of Developer or Developer's agents,
contractors, subcontractors, agents, or employees pursuant to this Agreement, but excluding any
loss resulting from the intentional or active negligence of City, City's designee, or each of their
respective elected and appointed officials,boards, commissions, officers, agents, contractors, and
employees. Developer shall select and retain counsel reasonably acceptable to City to defend any
action or actions and Developer shall pay the cost thereof, The indemnity provisions set forth in
this Agreement shall survive termination of the Agreement.
7. MORTGAGEE PROTECTION.
The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any
manner, from encumbering the Property or any portion thereof or any improvement thereon by
any Mortgage securing financing with respect to the Property; provided that nothing herein shall
modify or amend the restrictions set forth in the DDA with respect to Mortgages. Any Mortgagee
holding a Mortgage that is not prohibited by the DDA shall be entitled to the following rights and
privileges:
(a) This Agreement shall be superior and senior to any lien placed upon the Property
or any portion thereof after the date of Recording of this Agreement, including the lien of any
Mortgage. Notwithstanding the foregoing, neither entering into this Agreement nor a breach of
this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage on the
Property made in good faith and for value, unless otherwise required by law, and any acquisition
or acceptance of title or any right or interest in or with respect to the Property or any portion thereof
by a Mortgagee (whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease
termination or otherwise) shall be subject to the terms and conditions of this Agreement and any
such Mortgagee who takes title to the Property or any portion thereof shall be entitled to benefits
arising under this Agreement.
(b) Each Mortgagee of any Mortgage encumbering the Property, or any part thereof,
and which is not securing the interest of an End User shall upon written request in writing to City,
be entitled to receive written notice from City of results of the Annual Review and of any default
by Developer in the performance of Developer's obligations under this Agreement concurrently
with delivery of same to Developer and shall have the right, but not the obligation, to cure the
default during the remaining cure period allowed such Party under this Agreement(including any .
extended cure period necessary in order to allow the Mortgagee to obtain title to the Property and
cure the default). Notwithstanding the foregoing, the failure of City to deliver a concurrent copy E
of such notice of default to a Mortgagee shall not affect in any way the validity of the notice of
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default as it relates to the Developer, and provided, further, the giving of any notice of default or
the failure to deliver a copy to any Permitted Mortgagee shall in no event create any liability on
the part of the Person so declaring a default.
(c). Any Mortgagee who comes into possession of the Property, or any part thereof,
pursuant to foreclosure of the Mortgage or deed in lieu of such foreclosure, shall take the Property,
or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of
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this .Agreement to the contrary, no Mortgagee shall have an obligation or duty under this
Agreement to perform any of Developer's obligations or other affirmative covenants of Developer
hereunder, or to guarantee such performance; except that (i)the Mortgagee shall have no right to
develop the Property without fully complying with the terms of this Agreement, the DDA, the
Applicable Rules and Entitlement Approvals and (ii)to the extent that any covenant to be
performed by Developer is a.condition precedent to the performance of a covenant by City, the
performance thereof shall continue to be a condition precedent to City's performance hereunder,
Notwithstanding anything to the contrary contained above in this Section, any Mortgagee
shall be subject to all of the terms of the DDA, to the extent applicable pursuant to the DDA to
such Mortgagee.
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8. MISCELLANEOUS PROVISIONS.
8.1, Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be Recorded by the City Clerk within ten(10) calendar days after City executes this
Agreement, as required by Section 65868.5 of the Government Code. If the Parties to this
Agreement amend or cancel this Agreement as provided for herein and in Government Code
Section 65868, or if City terminates or modifies this Agreement as provided for herein and in
Government Code Section 65865.1 for failure of Developer to comply in good faith with the terms
or conditions of this Agreement, the City Clerk shall have notice of such action Recorded.
8.2. Entire Agreement. This Agreement, the DDA and the Other Agreements set forth
and contain the entire understanding and agreement of the Parties with respect to the matters set
forth herein,and there are no oral or written representations,understandings or ancillary covenants,
undertakings or agreements which are not contained or expressly referred to herein. No testimony
or evidence of any such representations, understandings or covenants shall be admissible in any
proceeding of any kind or nature to interpret or determine the terms or conditions of this
Agreement,
8.3, Severability, If any term,provision, covenant or condition of this Agreement shall
be determined invalid,void or unenforceable,the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement.
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8,4. Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the internal laws of the State of
California without reference to choice of law or conflicts of law provisions. This Agreement shall
be construed as a whole according to its fair language and common meaning to achieve the
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objectives and purposes of the Parties hereto, and the rule of construction to the effect that
ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this
Agreement, all Parties having been represented by counsel in the negotiation and preparation
hereof. The decision of the City Council shall be final, subject only to judicial review pursuant to
California Code of Civil Procedure Section 1094.5(b).
8.5. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this Agreement.
8.6. Construction,
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8.6.1 References to Sections, Clauses and Exhibits. Unless otherwise indicated,
references in this Agreement to sections, clauses and exhibits are to the same contained in or
attached to this Agreement and all exhibits referenced in this Agreement are incorporated in this
Agreement by this reference as though fully set forth in this Section.
8.6.2 Singular and Plural. As used herein, the singular of any word includes the
plural and vice versa.
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8.6.3 Includes and Includin . As used in this Agreement the words"include"and
"including"mean, respectively, "include, without limitation" and"including, without limitation".
8.7. Time of Essence. Subject to the following sentence, time is of the essence in the
performance of each provision of this Agreement. Whenever action must be taken (including the . I
giving of notice or the delivery of documents) under this Agreement during a certain period of
time or by a particular date that ends or occurs on a non-Business Day, then such period or date
shall be extended until the immediately following Business Day.
8.8. Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon
the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand
strict compliance by the other Party with the terms of this Agreement thereafter.
8.9. No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the City and its successors and assigns and Developer and its Successors
In Interest. No other person shall have any right of action based upon any provision of this
Agreement.
8,10. Attorneys' Fees. If any Party to this Agreement institutes any action, suit,
counterclaim or other proceeding for any relief against another Party, declaratory or otherwise
(collectively an"Action"),to enforce the terms hereof or to declare rights hereunder or with respect
to any inaccuracies or material omissions in connection with any of the covenants,representations,
warranties or obligations on the part of the other Party to this Agreement,then the Prevailing Party
in such Action shall be entitled to have and recover of and from the other Party all costs and
expenses of the Action, including (a) the Prevailing Party's reasonable attorneys' fees (which, if
the Prevailing Party is the City, shall be payable at the actual contractual hourly rate for the City's
Tustin CalAltantic Development Agt Parcel 31 City of Tustin/CalAtlantic Group,Inc.
613 (Lot 19) 11-17-2017(agd)(2),docx Development Agreement
litigation counsel at the time the fees were incurred, and which with respect to both the City and
the Developer shall in no event be more than $200 per hour), and (b) costs actually incurred in
bringing and prosecuting such Action and/or enforcing any judgment, order, ruling or award
(collectively, a "Decision") granted therein, all of which shall be deemed to have accrued on the
commencement of such Action and shall be paid whether or not such Action is prosecuted to a
Decision, Any Decision entered in any final judgment shall contain a specific provision providing
for the recovery of all costs and expenses of suit, including reasonable attorneys' fees and expert
fees and costs (collectively "Costs") incurred in enforcing, perfecting and executing such
judgment. For the purposes of this Section, Costs shall include in addition to Costs incurred in
prosecution or defense of the underlying action, reasonable attorneys' fees, costs, expenses and
expert fees and costs incurred in the following; (a)post judgment motions and collection actions;
(b) contempt proceedings; (c) garnishment, levy, debtor and third-party examinations;
(d) discovery; (e) bankruptcy litigation; and (f) appeals of any order or judgment. "Prevailing
Party" within the meaning of this Section 8.10 includes a Party who agrees to dismiss an Action
in consideration for the other Party's payment of the amounts allegedly due or performance of the
covenants allegedly breached, or obtains substantially the relief sought by such Party.
8.11. Force Maieure.
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8.11.1 "Force Majeure Delay" shall mean the occurrence of any of the following
events when such event is beyond the control of the claiming Party and such Party's contractors
and consultants and is not due to an act or omission of such Party or any consultant, contractor or
other Person for whom such Party may be contractually or legally responsible, which directly,
materially and adversely affects the ability of (1) the claiming Party to meet its non-monetary
obligations under this Agreement, including the deadlines imposed by the Schedule of
Performance, or(2) Developer to Complete the Project, and which events (or the effect of which
events) could not have been avoided by due diligence and use of reasonable efforts by the Party
claiming Force Majeure Delay:
(a) Civil Unrest. An epidemic, blockade, quarantine, rebellion, war,
insurrection, act of terrorism, strike or lock-out, riot, act of sabotage, civil commotion, act of a
public enemy, freight embargo, or lack of transportation;
(b) Unforeseeable Conditions. Reasonably unforeseeable physical
condition of the Property including the presence of Hazardous Materials;
(c) Casualty. Fire, earthquake, or other casualty, in each case only if
causing material physical destruction or damage on the Property;
(d) Litigation. Any lawsuit seeking to restrain, enjoin, challenge or
delay any issuance of any Entitlement Approval or seeking to restrain, enjoin, challenge, or delay
construction of the Project which is defended by the First Party;
(e) Weather. Unusually severe weather conditions not reasonably
anticipatable for the City of Tustin, based upon U.S. Weather Bureau climatological reports for
Tustin CalAltantic Development Agt Parcel 32 City of Tustin]CalAtlantic Group,Inc,
613(Lot.19) 11-17-2017(agd)(2).docx Development Agreement
the months included plus a report indicating average precipitation, temperature, etc. for the last ten
(10) years from the nearest reporting station.
8.11.2 Limitation. The term"Force Majeure Delay" shall be limited to the matters
listed in Section 8.11.1 and specifically excludes from its definition the following matters which
might otherwise be considered Force Majeure Delay:
(a) Entitlements. The suspension, termination, interruption, denial or
failure to obtain or nonrenewal of any Entitlement Approval or Development Permit, license,
consent, authorization or other permit or approval which is necessary for the development of the
Project, except for any such matter resulting from a lawsuit as described in Section 8.11.1(d);
(b) Foreseeable Changes in Governmental Requirements. Any change
in Government Requirements which was proposed or was otherwise reasonably foreseeable at the
Effective Date;
(c) Failure to Perform Obligations. Failure of Developer to perform any
Obligation to be performed by Developer as the result of adverse changes in the financial condition
of Developer or any other Person;
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(d) Failure to Provide Financial Security. Failure of Developer to
provide financial security required by this Agreement when due or to submit evidence of financing
of the Project or to perform any obligation to be performed by Developer hereunder as the result
of adverse changes in market conditions;
(e) Failure to Submit Required Documentation. Failure to submit
documentation as and when required by this Agreement;
(f) Failure to Submit Entitlement A lications. Failure to timely
submit applications for any Entitlement Approval or Development Permit required for construction
of the Improvements or development of the Project on the Property when required pursuant to the
Schedule of Performance; and
(g) Failure to Execute Documents, Failure of the First Party to execute
documents; and
(h) Other Matters. All other matters not caused by the Second Party and
not listed in Section 18.11.1.
8.11.3 If any Party (the "First Party") believes that an extension of time is due to
Force Majeure Delay, it shall notify the other Party (the "Second Party") in writing within ninety
(90) calendar days from the date upon which the First Party becomes aware of such Force Majeure
Delay,generally describing the Force Majeure Delay and its date of commencement, Upon written
request from the Second Party, the First Party shall promptly provide the following information
with respect to such Force Majeure Delay: a more detailed description of the Force Majeure Delay,
when and how the First Party obtained knowledge thereof, the steps the First Party anticipates
Tustin CalAltantic Development Agt Parcel 33 City of Tustin/CalAtlantic Group,Inc.
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taking to respond to such Force Majeure Delay, and the estimated delay resulting from such Force
Majeure Delay and response and such other information as the Second Party may reasonable
request. The extension for Force Majeure Delay shall be granted or denied in the Second Party's
reasonable discretion. If the First Party fails to notify the Second Party in writing of its request for
a given Force Majeure Delay within the ninety (90) calendar days specified above, there shall be
no extension for such Force Majeure Delay.
8.11A Extension Limitation. Time periods for performance of any obligations
under this Agreement may be extended for Force Majeure,except that in no event, shall the Term
of this Agreement be extended by an event of Force Majeure Delay beyond that set forth in
Section 2.3.
8.12. Successors. The burdens of this Agreement shall be binding upon, and the benefits
of this Agreement shall inure to, the City and its successors and assigns and Developer and its
Successors in Interest. All provisions of this Agreement shall be enforceable as equitable
servitudes and constitute covenants running with the land. Each covenant to do or refrain from
doing some act hereunder with regard to development of the Property; (a) is for the benefit of and
is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof;
and(c) is binding upon City and its successors and assigns and upon Developer and each Successor
in Interest during ownership of the Property or any portion thereof and for such longer period as
such Person may have liability hereunder. Notwithstanding the foregoing, upon acquisition of the
Property or any portion thereof by the City pursuant to exercise of the Right of Purchase or Right
of Reversion(each as defined in the DDA) or action in lieu thereof pursuant to the DDA, the City
shall have the right in its sole discretion to terminate this Agreement as to the portion of the
Property so acquired and the Agreement shall remain binding, in accordance with its terms, upon
the remainder of the Property. In the event that the City repurchases or revests all or any portion
of the Property pursuant to exercise of the Right of Purchase or Right of Reversion, such
acquisition shall include all Entitlement Approvals and other development rights, consents,
authorizations, variances, waivers, licenses, permits, certificates and approvals from any
governmental or quasi-governmental authority, and all other appurtenant rights applicable thereto,
including those units allocated to the respective Repurchased Property or the Reacquired Property
(each as defined in the DDA), as applicable, as shown in the Approved Plans or, if then Recorded,
established pursuant to any Recorded Condominium Plan, j
8.13. Counterparts. This Agreement may be executed by the Parties in counterparts, '
which counterparts shall be construed together and have the same effect as if all of the Parties had
executed the same instrument.
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8.14. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement
or brought by a Party hereto for the purpose of enforcing, construing or determining the validity
of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
Orange, State of California, or. the United States District Court for the Central District of
California, Santa Ana Division, and the Parties hereto waive all provisions of law providing for
the filing,removal or change of venue to any other court.
Tustin CatAltantic Development Agt Parcel 34 . City of TustiniCalAilantic Group,Inc.
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8.15. Project as a Private Undertaking. It is specifically understood and agreed by and.
between the Parties hereto that the development of the Project is aprivate development, that neither
Party is acting as the agent of the other in any respect hereunder, and that each Party is an
independent contracting entity with respect to the terms, covenants and conditions contained in
this Agreement, No partnership,joint venture or other association of any kind is formed by this
Agreement. The only relationship between City and Developer with respect to this Agreement is
that of a government entity regulating the development of private property and the developer of
such property.
8.16. Further Actions and Instruments. Each of the Parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the performance
of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either Party at any time, the other Party shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or Record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
8.17. Estoppel Certificate. Any Party hereunder,may at any time,deliver a written notice
to the other arty requesting such Party to certify in writing that, to the best knowledge of the
certifying Party; (a) this Agreement is in full force and effect and a binding obligation of the Party;
(b) this Agreement has not been amended or modified either orally or in writing, or if so amended,
identifying the date and nature of the amendments to this Agreement, and, in each case, that the
Agreement remains in full force and effect (including as amended or modified if applicable), and
a continuing binding obligation of the Party; and (c) the requesting Party is not in default in
performance of its obligations set forth in the Agreement, or if the Party is in default, provide a
description of the nature of such default(s), A Party receiving a request hereunder shall execute
and return such certificate within thirty(30) calendar days following receipt thereof. The party to
whom such certificate is addressed, including any third party or Mortgagee, shall be entitled to
rely on the certificate. Developer shall pay to City all costs incurred by City in connection with
the issuance of estoppel certificates.
8.18. Authority to Execute. The person or persons executing this Agreement on behalf
of each Party warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of such Party and warrants and represents that he or she/they has/have the
authority to bind such Party to the performance of its obligations hereunder.
8.19. Non-liability of City Officials and City Employees. No elected or appointed
official, representative, employee, agent, consultant, legal counsel or employee of the City shall
be personally liable to Developer for any amount which may become due to Developer under the
terms of this Agreement.
8.20. No Merger. As of the Effective Date,the Property is owned in fee by the City, and €
portions of the Property may continue to be owned in fee by the City during the Term or may be
conveyed by the City to one or more Developers and subsequently reconveyed to the City during
the Term. Except as expressly set forth below, there shall be no merger of any rights, interests or
Tustin CalAltantic Development Agt Parcel 35 City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19) 11-17-2017 (agd)(2).docx Development Agreement
estates created by this Agreement as a result of the ownership by the City of all or any portion of
the Property and no merger shall occur with respect to any portion of the Property unless and until
the City and all persons and entities at the time having a legal and/or equitable ownership interest
in such portion of the Property shall join in a written instrument affecting such merger and shall
duly Record the same. Notwithstanding the foregoing, if the City repurchases or revests any
portion of the Property as a result of its exercise of the Right of Purchase or Right of Reversion
under the DDA, the City shall have the right, in its sole discretion, to merge its interests under this
Agreement, to terminate this Agreement as to the Property so repurchased or revested, to modify
the provisions of this Agreement related to the Repurchased Property or the Reacquired Property,
as applicable, or to take other actions affecting this Agreement or the rights of the City in and to
such Repurchased Property or Reacquired Property, as applicable, without the approval of any
other person or entity.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
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Tustin CalAltantic Development Agt Parcel 36 City of Tustin/CalAtlantic Group,Inc.
6B (Lot I9) 11-17-2017 (agd)(2).docx Development Agreement
SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year set forth below.
«Cly,,,
City of Tustin, California
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By:
Mayor
ATTEST:
By: 1
Erica Rabe, City Clerk.
APPROVED AS TO FORM
Office of the City Attorney
By:
David E. Kendig, Esq.
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"Developer"
CalAtlantic Group, Inc., a Delaware Corporation
By:
Name:
Title: Division President i
By:
Name:
Title: Chief Operating Officer/Region
President/VP Real Estate Counsel
Tustin CalAltantic Development Agt Parcel S-1 City of Tustin/CalAtlantic Group,Inc,
613 (Lot 19) 11-17-2017(agd)(2).docx Development Agreement
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California )
County of )
On , 2017,before me, ,
(insert name of notary)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies),and that by hislher/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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Tustin CalAltantic Development Agt Parcel 5-2 City of TustitXalAtlantic Group,Inc.
6B(Lot 19) 11-17-2017(agd)(2).docx Development Agreement
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California )
County of )
l
On , 2017,before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
T certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
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WITNESS my hand and official seal.
Signature .(Seal)
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Tustin CalAltantic Development Agt Parcel S-3 City of TUstin/CalAtlantic Group,Inc.
6B (Lot 19) 11-17-2017 (agd)(2).docx Development Agreement
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California )
County of )
On , 2017, before me, ,
(insert name of notary)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies),and that by his/her/their signatures)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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Tustin CalAltantic Development Agt Parcel S4 City of Tustin/CalAtlantic Group,Inc.
6B(Lot.19) 11-17-2017 (agd)(2).docx Development Agreement
EXHIBIT "A"
TO DEVELOPMENT AGREEMENT
Legal Description of Property
Portions of LOT 19 and Portions of Lettered Lots of Tract 17404
as shown on Exhibit "B"
Portions of APN 430-381-18
[To be replaced prior to execution with legal description based on final recorded map
no. 18125 or if not then recorded, with a metes and bounds description of the Property]
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Tustin CalAltantic Development Agt Parcel EXHIBIT"A' City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19)11-17-2017(agd)(2).docx 1 Development Agreement
EXHIBIT"B"
TO DEVELOPMENT AGREEMENT
Map showing Property and its location
[see attached]
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Tustin CalAltantic Development Agt Parcel EXHIBIT`B" City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19)11-17-2017(agd)(2).docx Development Agreement
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EXHIBIT "C"
TO DEVELOPMENT AGREEMENT
PUBLIC BENEFIT IMPROVEMENTS
Developer shall provide the following as additional Public Benefit:
1. Developer shall design and construct the following in accordance with the
requirements of the applicable conditions of approval and at no cost to the City and with respect
to each of the areas described below, Developer shall submit legal descriptions and sketches
prepared by a California Licensed Civil Engineer or California Licensed Land Surveyor, current
Title Report, applicable back up documents, and plan check deposit to the City Public Works
Department for review and approval.
a. Prior to issuance of a Model Building permit, the Developer shall design
parkway landscape and irrigation system adjacent to the project along Tustin Ranch Road,Victory
Road, Park Avenue and Moffett Drive.
b, The Developer shall modify traffic striping along Victory Road to
accommodate the new project entry and shall construct the same in accordance with the Schedule
of Performance set forth in the DDA.
c. Developer shall construct the Publicly Accessible Common Area
Improvements upon the Publicly Accessible Common Area in accordance with the Schedule of
Performance set forth in the DDA.
2. Developer shall dedicate the following easements to the City of Tustin, in the
locations and in accordance with the terms set forth in the Entitlement Approvals and the Tentative
Tract Map (TTM) 18125;
a. Easements for emergency vehicle access and public services ingress and
egress purposes over the private streets and driveways, at no cost to the City;
b. Public access and maintenance easements for sidewalk along Victory Road,
Park Avenue, Tustin Ranch Road and Moffett Drive, at no cost to the City; and
C. A perpetual easement at no cost to the City for the benefit of the City and
the public providing public pedestrian and vehicular access in, on, over and across the Publicly
Accessible Common Area in the locations depicted on Exhibit"E", Schedule"2"in order that the
Publicly Accessible Common Area and the Publicly Accessible Common Area Improvements are
made available to the public.
3. Developer shall satisfy dedication and/or reservation requirements as applicable,
including, but not limited to, dedication in fee title of all required street rights-of-way; dedication
of:all required flood control right-of--way easements; and dedication of vehicular access rights,
sewer easements, and water easements defined and approved as to specific locations by the City
Engineer(at no cost to the City) and/or other agencies.
Tustin CalAltantic Development Agt Parcel EXHIBIT"C" City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19)11-17-2017(agd)(2).docx I Development Agreement
4, Developer shall release and relinquish to the City of Tustin all vehicular access
rights along Victory Road, Park Avenue, Moffett Drive and Tustin Ranch Road, except at
approved access locations and street intersections, at no cost to the City.
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Tustin CalAltantic Development Agt Parcel EXHIBIT"C" City of Tustin/CalAtlantic Group,Inc.
6B(Lot 14)11-17-2017(agd)(2).docx 2 Development Agreement
EXHIBIT"D"
TO DEVELOPMENT AGREEMENT
MAXIMUM TAX BURDEN SCHEDULE
(BASE YEAR)
[To Be Attached]
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Tustin CalAltantic Development Agt Parcel EXHIBIT"D" City of TustirXalAtlantic Group,Inc.
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EXHIBIT"E"
FORM OF PUBLIC ACCESS COVENANT AND DECLARATION OF EASEMENT
[see attached]
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Tustin CalAltantic Development Agt Parcel EXHIBIT"E" City of Tustin/CalAtlantic Group,Inc.
613(Lot 19)11-17-2017(agd)(2).docx Development Agreement
CITY OF TUSTIN OFFICIAL BUSINESS
REQUEST DOCUMENT TO BE
RECORDED AND TO BE EXEMPT FROM
RECORDING FEES PER GOVERNMENT
CODE §6103 AND §27383.
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City Manager
The City of Tustin
300 Centennial Way
Tustin, California 92780
Space Above This Line Reserved for Recorder's Use
PUBLIC ACCESS COVENANT
AND DECLARATION OF EASEMENT
THIS PUBLIC ACCESS COVENANT AND DECLARATION OF
EASEMENT ("Covenant") is made this day of , 20__, by
("Developer"), in favor of the City of Tustin ("City") and for the
benefit of its residents and the public at large.
A. Concurrently with the recording of this Covenant in the Official Records of
Orange County California ("Official Records"), City has conveyed to Developer that
certain real property depicted on Schedule "1" attached hereto (the "Property") and
Developer intends to develop the Property with two hundred eighteen (218) residential
housing units (the "Project") together with such other improvements, including private
streets and sidewalks (the "Improvements"), as further described in (1) that certain
statutory Development Agreement between City and Developer dated as of
and Recorded on as Instrument No,
in the Official Records and (2) that certain Disposition and
Development Agreement for Disposition Parcel 6B between Developer and City dated as
of , a Memorandum of which was recorded in the Official Records
immediately prior to recordation of this Covenant.
B. The Project will be developed in several phases pursuant to condominium
maps and plans approved by the State of California Bureau of Real Estate creating the
individual residential housing units and Improvements (each, a "Condominium Plan",
and collectively, the"Condominium Plans"), which Condominium Plans shall be subject
to the approval by the City with respect to (1) conformity with the approved plans for the
Project and (2) confirmation that the plans show an accurate depiction of the Publicly
Accessible Common Area, and shall subsequently be recorded in the Official Records.
Condominium Plans for individual residential housing units and improvements may be
Tustin CalAltantic Development Agt Parcel EXHIBIT"E" City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19) 11-17-2017(agd)(2),docx 1 Development Agreement
recorded in phases and the portion of the Property against which each Condominium Plan
is recorded is referred to herein as a"Phase."
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C. As partial consideration for the conveyance of the Property by the City,
Developer has agreed to provide to the City and its residents and the public at large certain
public access covenants and easements over the portions of the Property generally depicted
on the map of Publicly Accessible Common Area attached hereto as Schedule "T', as the
same shall, subsequent to the execution of this Covenant, be granted by and more fully
depicted and described on the Condominium Plans,
D. This Covenant is intended to preserve and maintain the right to public
access in, over, along, though, upon and across the Publicly Accessible Common Area
depicted upon Schedule "2", subject to the terms and conditions herein, until a final
Condominium Platz dedicating and memorializing the Public Access Easement described
and depicted herein is recorded in the Official Records for each and every Phase of the
Proj ect.
NOW THEREFORE, Developer hereby covenants, and Developer and City
hereby agree, as follows:
1. Developer hereby grants and conveys to the City, for the benefit of the City,
its successors and assigns, City residents and the public at large, a non-exclusive easement
and right-of-way for public access in, over, along, through, upon and across that certain
real property situated in the County of Orange, State of California, generally described in
Schedule"1" and as specifically depicted in Schedule "2", each of which are attached
hereto and by this reference incorporated herein ("Public Access Easement"); provided,
however,that public access to the Public Access Easement maybe prohibited by Developer
in areas under construction on the Property during the course of such construction.
2. The Public Access Easement granted hereby shall automatically terminate
as to each Phase upon recordation of a Condominium Plan for such Phase dedicating and
memorializing the easements described and depicted herein in form and substance
approved by the City. Upon approval of the respective Condominium Plan for a particular
Phase, the City Manager, or his or her designee, shall execute the Partial Termination of
Public Access Covenant and Easement form attached hereto 'as Schedule "3" ("Partial
Termination"), which shall be recorded concurrently with the recordation of the
Condominium Plan for the respective Phase, terminating this Covenant with respect to the
Phase of the Condominium Plan then recorded. The termination of this Covenant for the
final Phase of the Project shall be in the form provided in Schedule "3" for the final
termination and upon recordation of such Final Termination, this Covenant shall
automatically terminate.
3. This Covenant shall be binding upon the Developer and its successors and
assigns and shall run with the Property for the benefit of the City and its successors and
assigns unless and until terminated as set forth herein.
Tustin CalAltantic Development Agt Parcel EXHIBIT"E" City of TustinJCalAtlantic Group,Inc.
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4. The Public Access Easement, or any portion thereof, hereby established
shall exist until such time as terminated by recording of a Partial or Final Termination, as
the case may be, with respect thereto pursuant to the express terms herein provided,
5. This Covenant shall be recorded in the Official Records against the
Property, and is binding on and inures to the benefit of City and Developer, and their
respective successors and permitted assigns.
6. This Covenant may be signed in counterparts, each of which shall be
deemed an original and all of which when taken together shall constitute one instrument,
(signatures on following page)
i
Tustin CalAltantie Development Agt Parcel EXHIBIT"E" City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19) 11-17-2017(agd)(2).docx 3 Development Agreement
IN WITNESS WHEREOF, the Developer and City have executed this Public
Access Covenant and Declaration of Easement on the date first above written.
`.`Developer"
By: CalAtlantic Group, Inc., a Delaware Corporation
By:
Name:
Title: Division President
By: I
Name:
Tilde: Chief Operating Officer/Region
President/VP Real Estate Counsel
44clty))
`] i
By: City of Tustin, California
By: k
Name:
Title:
ATTEST:
By:
Erica Rabe, City Clerk
APPROVED AS TO FORM
Office of the City Attorney
By:
David E. Kendig, Esq.
Tustin CalAltantic Development Agt Parcel EXHIBIT"E" City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19)11-17-2017(agd)(2).docx 4 Development Agreement
CERTIFICATE OF ACCEPTANCE OF DEED
(City of Tustin)
This is to certify that the interest in real property conveyed by the PUBLIC
ACCESS COVENANT AND DECLARATION OF EASEMENT dated
from to the
CITY OF TUSTIN, a governmental agency, is hereby accepted by the undersigned officer
on behalf of the CITY OF TUSTIN pursuant to authority conferred by Resolution
No. 95- 39 of the CITY OF TUSTIN adopted on April 3, 1995, and the grantee consents
to recordation thereof by its duly authorized officer.
Dated:
Erica Rabe, City Clerk ;
Tustin CalAltantic Development Agt Parcel EXHIBIT`E" City of Tustin/CalAtlantic Group,Inc,
613(Lot 19) 11-17-2017(agd)(2),docx 5 Development Agreement
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California )
County of )
On , 2017,before me, ,
(insert name of notary)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
i
}
Tustin CalAltantic Development Agt Parcel EXHIBIT`B" City of TustiruCalAtlantic Group,Inc.
6B(Lot 19) 11-17-2017(agd)(2).docx 6 Development Agreement
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California )
County of )
On , 2017, before me, ,
(insert name of notary)
Notary Public,personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
i
WITNESS my hand and official seal.
Signature (Seal)
i
I
i
Tustin CalAltantic Development Agt Parcel EXHIBIT"E" City of Tustin/CalAtlantic Group,Inc,
6$(Lot 19)11-17-2417(agd)(2).docx 7 Development Agreement
SCHEDULE "1"
Legal Description of Property
Portions of LOT 19 and Portions of Lettered Lots of Tract 17404
as shown on Exhibit `B"
Portions of APN 430-381-18
[To be replaced prior to execution with legal description based on final recorded map
no, 18125 or if not then recorded, with a metes and bounds description of the Property]
I
I
I
Tustin Cal Altantic Development Agt Parcel Schedule"I"to City of TustiwCalAtlantic Group,Inc,
6B(Lot 19)11-17-2017(agd)(2).docx EXHIBIT"E" Development Agreement
1
SCHEDULE "2"
Description and Depiction of Publicly Accessible Common Area
lAttached]
i
i
3
Tustin CalAltantic Development Agt Parcel Schedule"2"to City of Tustin/CalAtlantic Group,Inc.
6B(Lot 19) 11-17-2017(agd)(2).docx EXHIBIT"E" Development Agreement
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SCHEDULE "3"
Form of Termination of Public Access Covenant and Declaration of Easement
[Attached]
i
�I
Tustin CalAltantic Development Agt Parcel Schedule'3"to City of Tustin/CalAtlantic Group,Inc.
6B(Lot 14)11-17-2017(agd)(2).docx EXHIBIT"E" Development Agreement
CITY OF TUSTIN OFFICIAL BUSINESS
REQUEST DOCUMENT TO BE
RECORDED AND TO BE EXEMPT FROM
RECORDING FEES PER GOVERNMENT
CODE §6103 AND §27383.
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City Manager
The City of Tustin
300 Centennial Way
Tustin, California 92780
Space Above This Line Reserved for Recorder's Use
3
3
{
[(FOR ALL BUT FINAL PHASE:} PARTIAL/(FOR FINAL PHASE): FINAL)
TERMINATION OF PUBLIC ACCESS COVENANT
AND DECLARATION OF EASEMENT
THIS [(FOR ALL BUT FINAL PHASE.} PARTIAL/(FOR FINAL PHASE): FINAL)
TERMINATION OF PUBLIC ACCESS COVENANT AND DECLARATION OF
EASEMENT ("{Partial/Final} Termination') is made this day of ,
20_, by the City of Tustin("City"), in favor of ("Developer").
A. On Developer, or its predecessor-in-interest, recorded as
Instrument No. that certain Public Access Covenant and Declaration of
Easement ("Covenant") in the Official Records of Orange County, California ("Official
Records") for the purpose of t granting and conveying to the City, for the benefit of the City, its
successors and assigns, City residents and the public at large, a non-exclusive easement and right-
of-way for public access in, over, along, through, upon and across that certain Property, as
described in the Covenant (the "Public Access Easement"), until such time as the Condominium
Plans for the respective Phases of the Project are recorded reflecting such easement thereon.
B. Pursuant to the terms of the Covenant, the City has now approved, with respect to
conformity with approved plans for the Project only,the Condominium Plan for that portion of the
Property described on Exhibit "A" attached hereto and incorporated herein by this reference (the
"Released Property"), [Addition for the final phase of the Project: The Released Property is the
final Phase of the Project.] I
C. All capitalized terms not otherwise defined herein shall have the meaning given to
them in the Covenant.
NOW THEREFORE, the City hereby agrees as follows:
Tustin CalAltantic Development Agt Parcel Schedule"3"to City of TustinCalAtlantic Group,Inc.
613(Lot 19) 11-17-2017(agd)(2).docx EXHIBIT"E" Development Agreement
1
1. {PartiaUFinal}Termination. The.Covenant is hereby terminated and shall be of no
further farce or effect f{Add for Partial Termination only};with respect to the Released Property].
The Public Access Easement granted by the Covenant,({Addfor Partial Termination only]; with
respect to the Released Property] is therefore also released, and the access easement for the
Publicly Accessible Common Area is now and hereafter granted solely pursuant to the
Condominium Plans recorded in the Official Records against the Released Property concurrently
with the recording of this {PartiaUFinal]Termination.
2. Recordation; Successors and Assigns, This {PartiaUFinal) Termination shall be
recorded in the Official Records against the Released Property, and is binding on and inures to the
benefit of City and Developer, and their respective successors and permitted assigns.
3. Counterparts. This {PartiaUFinal) Termination may be signed in counterparts,
each of which shall be deemed an original and all of which when taken together shall constitute
one instrument.
I
s
[Signature Page Follows]
i
Tustin CalAltantic Development Agt Parcel Schedule"T'to City of Tustin/CatAtlantic Group,Inc.
6B(Lot 19) 11-17-2017(agd)(2).docx EXHIBIT"E" Development Agreement
2
IN WITNESS WHEREOF, the City and Developer have executed this {Parliaffinal)
Termination of Public Access Covenant and Declaration of Easement on the date first above
written.
"DEVELOPER"
By:
"CITY"
1
By: City of Tustin, California
By:
Name:
Title:
ATTEST:
By:
City Clerk
I
APPROVED AS TO FORM
Office of the City Attorney
By:
Name:
Tustin CaUltantic Development Agt Parcel Schedule"3"to City of TustinlCalAtlantic Group,Inc.
6B(Lot 19) 11-17-2017(agd)(2),docx EXHIBIT"E" Development Agreement
3
i
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California )
County of )
On , 2017,before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
i
WITNESS my hand and official seal.
Signature (Seal)
I
1�
Tustin CalAltantic Development Agt Parcel Schedule"3"to City of`I`ustin/CalAtlantic Group,Inc.
613(Lot 19) 11-17-2017(agd)(2).docx EXHIBIT"E" Development Agreement
4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California }
County of }
On , 2017, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
i
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
'i
a
a
Tustin CalAltantic Development Agt Parcel Schedule"Y to City of TustinlCalAtlantic Group,Inc.
613(Lot 19) 11-17-2017(agd)(2).docx EXHIBIT"E" Development Agreement
5
EXHIBIT "F"
PHASING MAP
[Attached]
i
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E
Tustin CalAltantic Development Agt Parcel EXHIBIT"P" City of Tustin/CalAtlantic Group,Inc.
6B (Lot 19) 11-17-2017(agd)(2).docx Development Agreement
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ATTACHMENT D
Other Agencies Comments
i
i
I
2323 North Broadway • Santa Ana, CA 92706 -1640 • (71 A) A80-7300 • w,,,,rsccd_edu
Comrnunit3, College District ;'anl :trw tia31riaso Canon Cc legt,
November 14, 2017 RECEIVED
NOV 15 2017
Edmelynne Flutter COMMUNITY DEVELOPMENT
Senior Planner BY.,
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: Tentative Tract Map 18125
To Whom It May Concent:
On behalf of the Rancho Santiago Community College District, this letter shall serve as formal
correspondence in regards to the above referenced correspondence. The District has facilities located at
15991 Armstrong Boulevard, Tustin, CA 92782. The program at this location is for the Orange County
Sheriff's Regional Training Academy and as such is a sensitive program with regards to public safety. We
reviewed the map and location of the proposed plan and at this time,the District does not have any
comments.
The District would like to be Notified on subsequent development steps, including further planning and
environment Notices and approvals. Please note, any future correspondence should be mailed to the attention
of Darryl Taylor, Director, Facility Planning, District Construction& Support Services.
Thank you for the opportunity to respond and provide comments. Please feel free to contact my office at
(714)480-7510 if you need further assistance.
Sincerely,
T—�
Darryl Taylor, Director
Facility Planning, District Construction & Support Services
BOARD OF TRUSTEES:
Claudio C Alvarez • Arianna P Barrios • John R Henn❑ • Lawrance R "Larry" Lob(ado * Jose Solutio • Nelida Mandoza Vanez • NiWrp E Tar6rouyh
CHANCELLOR
Raul Rodriguez,Ph D
South Coast
Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-4178
(909) 396-2000 • wtivw.agmd,Sov
SENT VIA USPS AND E-MAIL: November 16, 2017
ehutter@tustinea.org
Edmelynne V. Hutter, Senior Planner
City of Tustin-Community Development Department
300 Centennial way
Tustin, CA 92780
Site Plan Consultation for the
Tentative Tract.Map 181251
The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to
comment on the above-mentioned project. In the event that a CEQA document for the Proposed Project
is required, SCAQMD staffs comments are recommendations regarding the analysis of potential air
quality impacts from the Proposed Project that should be included in the CEQA document. Please
forward a copy of the CEQA document directly to SCAQMD at the address in our letterhead. In
addition,please send with the CEQA document all appendices or technical documents related to the
air quality, health risk, and greenhouse gas analyses and electronic versions of all air quality
modeling and health risk assessment files2. These include emission calculation spreadsheets and
modeling input and output files not PDF files). Without all files and supporting documentation,
SCAQMD staff will be unable to complete a review of the air quality analyses in a timely manner.
Any delays in providing all supporting documentation will require additional time for review
beyond the end of the comment period.
Air Quality Analysis
The SCAQMD adopted its California Environmental Quality Act (CEQA) Air Quality Handbook in 1993
to assist other public agencies with the preparation of air quality analyses. SCAQMD staff recommends
that the Lead Agency use this Handbook as guidance when preparing its air quality analyses. Copies of
the Handbook are available from the SCAQMD's Subscription Services Department by calling(909)396-
3720. More recent guidance developed since this Handbook was published is also available on
SCAQMD's websita here: http://www.aaqmd_gov/home/regulations/cega/air-quality-analMis-
handbook/cega-air-quality-handbook-(,1993). SCAQMD staff also recommends that the Lead Agency use
the CalEEMod land use emissions software. This software has recently been updated to incorporate up-
to-date state and locally approved emission factors and methodologies for estimating pollutant emissions
from typical land use development. CalEEMod is the only software model maintained by the California
Air Pollution Control Officers Association (CAPCOA) and replaces the now outdated URBEMIS. This
model is available free of charge at: www.caleemod.com.
The SCAQMD has also developed both regional and localized significance thresholds. SCAQMD staff
requests that the Lead Agency quantify criteria pollutant emissions and compare the results to the
recommended regional significance thresholds found here: http://www.aqrnd.,-,ov/docs/default-
The Proposed Project consists of subdivision of 20 acres for future development of 218 residential units.
Pursuant to the CEQA Guidelines Section 15174,the information contained in an EIR shall include summarized technical data,
maps, plot plans, diagrams, and similar relevant information sufficient to permit full assessment of significant environmental
impacts by reviewing agencies and members of the public. Placement of highly technical and specialized analysis and data in the
body of an EIR should be avoided through inclusion of supporting information and analyses as appendices to the main body of
the EIR.Appendices to the EIR may be prepared in volumes separate from the basic EIR document,but shall be readily available
for public examination and shall be submitted to all clearinghouses which assist in public review.
Edmelynne V. Hutter -2- November 16, 2017
source/cega/handbook/seagmd-air-quality-significance-thresholds.pdf. In addition to analyzing regional
air quality impacts, SCAQMD staff recommends calculating localized air quality impacts and comparing
the results to localized significance thresholds (LSTs). LST's can be used in addition to the
recommended regional significance thresholds as a second indication of air quality impacts when
preparing a CEQA document. Therefore, when preparing the air quality analysis for the Proposed
Project, it is recommended that the Lead Agency perform a localized analysis by either using the LSTs
developed by the SCAQMD or performing dispersion modeling as necessary. Guidance for performing a
localized air quality analysis can be found at: http://www.agmd.gov/hone/regulations/cega/air-quality-
analys is-handbook/localized-significance-thresholds.
The Lead Agency should identify any potential adverse air quality impacts that could occur from all
phases of the Proposed Project and all air pollutant sources related to the Proposed Project. Air quality
impacts from both construction (including demolition, if any) and operations should be calculated.
Construction-related air quality impacts typically include,but are not limited to,emissions from the use of
heavy-duty equipment from grading, earth-loading/unloading, paving, architectural coatings, off-road
mobile sources (e.g., heavy-duty construction equipment) and on-road mobile sources (e.g,, construction
worker vehicle trips, material transport trips). Operation-related air quality impacts may include, but are
not limited to, emissions from stationary sources (e.g., boilers), area sources (e.g., solvents and coatings),
and vehicular trips(e.g., on-and off-road tailpipe emissions and entrained dust). Air quality impacts from
indirect sources, such as sources that generate or attract vehicular trips, should be included in the analysis.
In the event that the Proposed Project generates or attracts vehicular trips, especially heavy-duty diesel-
fueled vehicles, it is recommended that the Lead Agency perform a mobile source health risk assessment.
Guidance for performing a mobile source health risk assessment ("Health Risk Assessment Guidance for
Analyzing Cancer Risk from Mobile Source Diesel Idling Emissions far CEQA Air Quality Analysis")can
be found at: http://www.agmd.gov/home/regulations/eega/air-quality-analysis-handbook/mobile-source-
toxics-analysis. An analysis of all toxic air contaminant impacts due to the use of equipment potentially
generating such air pollutants should also be included.
In addition, guidance on siting incompatible land uses (such as placing homes near freeways) can be
found in the California Air Resources Board's Air Quality and Land Use Handbook: A Community
Health Perspective, which can be found at the following internet address:
llttp://www.arb.ca.gov/chihandbook.pdf. CARB's Land Use Handbook is a general reference guide for
evaluating and reducing air pollution impacts associated with new projects that go through the land use
decision-making process. Guidance' on strategies to reduce air pollution exposure near high-volume
roadways can be found at: https://www.arb.ca.goy/ch/rd technical_advisory_final.PDF.
Mitigation Measures
In the event that the Proposed Project generates significant adverse air quality impacts, CEQA requires
that all feasible mitigation measures that go beyond what is required by law be utilized during project
construction and operation to minimize these impacts. Pursuant to CEQA Guidelines Section
15126.4(a)(1)(D), any impacts resulting from mitigation measures must also be discussed. Several
resources are available to assist the Lead Agency with identifying possible mitigation measures for the
Proposed Project,including:
* Chapter 11 of the SCAQMD CEQA Air Quality Handbook.
3 In April 2017, CARB published a technical advisory, Strategies to Reduce Air Pollution Exposure Near High-Volume
Roadways: Technical Advisory,to supplement CARB's Air Quality and Land Use Handbook: A Community Health Perspective.
This technical advisory is intended to provide information on strategies to reduce exposures to traffic emissions near high-volume
roadways to assist land use planning and decision-making in order to protect public health and promote equity and environmental
justice. Accessed at:https://www.arb.ca.jzov/ch/landuse.hti-n.
Edmelynne V. Rutter -3- November 16, 2017
• SCAQMD's CEQA web pages at: http://www.agind.gov/home/regulations/cega/air-quality-
analys i s-handbook/miti gation-measures-and-control-efficiencies..
• SCAQMD's Rule 403 — Fugitive Dust, and the Implementation Handbook for controlling
construction-related emissions.
• CAPCOA's Quantifying Greenhouse Gas Mitigation Measures available here:
http://www.capcoa.ora/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14
Final.pdf.
• Other measures to reduce air quality impacts from land use projects can be found in the
SCAQMD's Guidance Document for Addressing Air Quality Issues in General Plans and Local
Planning. This document can be found at the following internet address:
http://www.agmd.goy/does/default-soure e/planning/air-quality-guidance/complete-guidance-
document.pdf.
Alternatives
In the event that the Proposed Project generates significant adverse air quality impacts, CEQA requires
the consideration and discussion of alternatives to the project or its location which are capable of avoiding
or substantially lessening any of the significant effects of the project. The discussion of a reasonable
range of potentially feasible alternatives, including a "no project" alternative, is intended to foster
informed dceision-making and public participation. Pursuant to CEQA Guidelines Section 15126.6(d),
the CEQA document shall include sufficient information about each alternative to allow meaningful
evaluation, analysis, and comparison with the Proposed Project.
Permits
In the event that the Proposed Project requires a permit from SCAQMD, SCAQMD should be identified
as a responsible agency for the Proposed Project in the CEQA document. For more information on
permits, please visit the SCAQMD webpage at: http://www.agmd.gov/home/permits. If there are
permitting questions, they can be directed to Engineering and Permitting Staff at (909) 396-3385.
Data Sources
SCAQMD rules and relevant air quality reports and data are available by calling the SCAQMD's Public
Information Center at (909) 396-2039. Much of the information available through the Public Information
Center is also available via the SCAQMD's webpage(http://www,agmd.gov),
SCAQMD staff is available to work with the Lead Agency to ensure that project air quality impacts are
accurately evaluated and any significant impacts are mitigated where feasible. If you have any questions
regarding the comments, please contact me at(909) 396-3308.
Sincerely,
t„y
Lijin Sun, J.D.
Program Supervisor, CEQA IGR
Planning,Rule Development&Area Sources
LS
ORC 1"71115-01
Control Number
Huffer, Edmelynne
From: Justin Equina <jequina@cityofirvine.org>
Sent: Monday, November 2Q, 2017 10:58 AM
To: Hutter, Edmelynne
Cc: Bill Jacobs
Subject: Neighborhood G unit count
Hi Edmelynne,
Following up on our phone conversation, can you send us information of all units that are entitled and pending within
Neighborhood G? Thanks for your help.
Sincerely,
Justin
JUSTIN EQUINA I ASSOCIATE PLANNER
leg uina( cltyofirvine.org
City of Irvine 1 Commurity Development
P. 949.724.6364 1 F. 949.724,6444
Maliing: P.O. Box 19575 1 Irvine, CA 92623
P[annin&Development Services 1 zpnn _�od,p 1 gtvine Q Ick Rei res Property Zoning Lookup
1
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ATTACHMENT E
Planning Commission Resolution No. 4355
!
S
RESOLUTION NO. 4355
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN DETERMINING THAT
THE LOCATION, PURPOSE, AND EXTENT OF THE
PROPOSED DISPOSITION OF LOT 19 OF TRACT
174041 AN APPROXIMATLEY 20-ACRE SITE
WITHIN PLANNING AREA 15 (NEIGHBORHOOD G)
OF THE TUSTIN LEGACY SPECIFIC PLAN, FOR
THE DEVELOPMENT OF 218 RESIDENTIAL
CONDOMINIUM UNITS, A COMMUNITY FACILITY,
AND OTHER AMENITIES IS IN CONFORMANCE
WITH THE APPROVED GENERAL PLAN.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That proper application has been submitted by CalAtlantic Inc. for the
development of 218 residential units, a community facility and other
neighborhood amenities on approximately 20-acre site currently owned
by the City of Tustin within Planning Area 15 of the Tustin Legacy
Specific Plan.
B. That the City wishes to dispose of Lot 19 of Tract 17404, an approximately
20-acre site within Planning Area 15, to accommodate the development
218 residential condominium units, a community facility and other
neighborhood amenities.
C. That Section 65402(a) of Government Code provides that no real
property shall be disposed until the location, purpose, and extent of the
project has been reported upon by the local planning agency as to the
conformity with the adopted general plan.
D. The proposed disposition supports several General Plan Land Use
Element goals, including the following:
1. Land Use Element Goal 1: Provide for a well-balanced land use
pattern that accommodates existing and future needs for housing,
commercial, and industrial land, open space and community facilities
and services, while maintaining a healthy, diversified economy
adequate to provide future City services.
i
2. Land Use Element Goal 3: Ensure that new development is
compatible with surrounding land uses in the community, the City's
circulation network, availability of public facilities, existing
Resolution No. 4355
Page 2
development constraints, and the City's unique characteristics and
resources.
3. Land Use Element Goal 4: Assure a safe, healthy and aesthetically
pleasing community for residents and businesses.
4. Land Use Goal 6: Improve urban design in Tustin to ensure
development that is both architecturally and functionally compatible,
and to create uniquely identifiable neighborhoods.
5. Land Use Goal 13: Continue to implement the Tustin Legacy Specific
Plan, which maximizes the appeal of the site as a mixed use and
master planned development.
E. That Section 65402 (a) of the Government Code authorizes the Planning
Commission to determine whether the location, purpose, and extent of
the proposed disposition of real property is consistent with the General
Plan.
F. That the general plan conformity determinations required by Government
Code Section 65402(a) are not "projects" requiring environmental review
pursuant to the California Environmental Quality Act.
II. The Planning Commission hereby determines that the location, purpose, and
extent of the disposition of Lot 19 of Tract 17404 to CalAtlantic Inc. for the
development of 218 residential condominium units, a community facility and
other neighborhood amenities is in conformance with the approved General
Pian.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 28th day of November, 2017,
RYDER TODD SMITH
Chairperson
i
ELIZABETH A. BINSACK i
Planning Commission Secretary
i
I
Resolution No. 4355
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4355 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
28th day of November, 2017,
ELIZABETH A. BINSACK
Planning Commission Secretary
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ATTACHMENT F
Planning Commission Resolution No. 4356
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RESOLUTION NO. 4356
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE
TUSTIN CITY COUNCIL APPROVE DEVELOPMENT
AGREEMENT 2017-001, TENTATIVE TRACT MAP 18125, AND
DESIGN REVIEW 2017-012 FOR THE DEVELOPMENT OF 218
RESIDENTIAL CONDOMINIUM UNITS ON LOT 19 OF TRACT
17404 WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G
OF THE TUSTIN LEGACY SPECIFIC PLAN.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application has been submitted by CalAtlantic Inc. for the
development of 218 residential condominium units, a community facility and
other neighborhood amenities on an approximately 20-acre site , Tract
17404 — Lot 19, currently owned by the City of Tustin within Planning Area
15 of the Tustin Legacy Specific Plan.
B. That the development application includes the following requests:
1. Development Agreement (DA) 2017-001 to facilitate the development
and conveyance of an approximate 20-acre site within the boundaries of
MCAS Tustin Specific Plan.
2. Tentative Tract Map (TTM) 18125 to subdivide an approximately 20-acre
site into eight (8) numbered lots and two (2) lettered lots for the
development of 218 residential condominium units, a community facility,
and other neighborhood amenities.
3. Design Review (DR) 2017-012 for the design and site layout of a
residential.condominium community including 57 single family detached
units, 60 flats, 101 townhomes, a community facility, and other
neighborhood amenities.
C. That the site is zoned as Tustin Legacy Specific Plan (SP 1) within Planning
Area 15 of Neighborhood G; and designated as MCAS Tustin by the Tustin
General Plan. In addition, the project has been reviewed for consistency with
the Air Quality Sub-element of the City of Tustin General Plan and has been
determined to be consistent with the Air Quality Sub-element.
D. That Tustin Legacy Specific Plan Section 4.2.7 requires all private
development at Tustin Legacy to obtain a DA in accordance with Section
65864 et seq. of the Government Code and Sections 9600 to 9619 of the
TCC. In compliance with Tustin City Code (TCC) Section 9611, the Tustin
Resolution No. 4356
Page 2
Planning Commission must make a recommendation on the proposed DA to
the City Council. The DA can be supported by the following findings:
1. The project is consistent with the objectives, policies, general land uses
and programs specified in the General Plan and the Tustin Legacy
Specific Plan in that residential uses are permitted uses within Planning
Area 15 of Neighborhood G.
2. The project is compatible with the uses authorized in the district in
which the real property is located (Planning Areas 15) in that similar
and compatible uses are envisioned within the close proximity of the
project site
3. The project is in conformity with the public necessity, public
convenience, general welfare, and good land use practices in that the
project would provide 218 various styles of new housing units for new
and existing Tustin residents thereby providing additional option of
housing types to the City's housing stock.
4. The project will not be detrimental to the health, safety, and general
welfare. The project will comply with the Tustin Legacy Specific Plan,
TCC, and other regulations to ensure that the project will not be
detrimental in any way.
5. The project will not adversely affect the orderly development of property
in that the proposed project is orderly, well designed, and equipped with
necessary infrastructure and amenities to support existing and future
residents and businesses in Tustin Legacy.
6. The project will have a positive fiscal impact on the City in that the
provisions of the proposed DA and conditions of approval will ensure
that the project will have a positive fiscal impact on the City.
E. As conditioned, the TTM 18125 will be in conformance with the Tustin
Area General Plan, Tustin Legacy Specific Plan, State Subdivision Map
Act and the City's Subdivision Code as follows:
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1. That the site is located in'Planning Area 15 (Tract 17404 -- Lot 19)
of the Tustin Legacy Specific Plan, which is designated for
Residential Core of Tustin Legacy Specific Plan and that the
proposed development as conditioned will be physically suitable for
the type of development and proposed density of development;
2. The subdivider will be required to provide funding towards the
project's fair share of Tustin Legacy Backbone Infrastructure
Program, which includes improvements that are required to serve
Resolution No. 4356
Page 3
new development at Tustin Legacy, including but not limited to
roadway improvements; traffic and circulation mitigation to support
development at Tustin Legacy; domestic and reclaimed water;
sewer; telemetry systems; storm drains and flood control channels;
retention and detention systems, open space and public
recreational facilities and; utility backbone systems;
3. That the proposed subdivision would not have an impact on school
district facilities within the Tustin Unified School District (TUSD) in
that school impacts for development were considered in the MCAS
Reuse Plan which identified school facility sites that will be
conveyed to the TUSD by the Federal Department of Education or
the City of Tustin to serve development of property at Tustin
Legacy. The Tustin Legacy Specific Plan, the Final Joint Program
Environmental Impact Statement 1 Environmental Impact Report i
(FEIS/EIR), Final Supplemental Environmental Impact Report
(FSEIR), and conditions of approval of the proposed subdivision
also require proof of payment of appropriate school fees as
adopted by the TUSD prior to issuance of certificates of use and
occupancy, which will be collected prior to issuance of building
permits in accordance with the City's procedures;
4. That the design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife in their habitat;
5. The proposed subdivision is not located within a 100-year flood
plain according to the Federal Emergency Management Agency
map for the area (2009);
6. To ensure there is adequate infrastructure to support buildout of the
project, construction of all public infrastructure and in-tract private
streets and utility systems is required within the initial phases of
development and in accordance with the approved phasing plan;
and
7. That the Building Official has considered and approved deviations
to Construction Standards for Private Streets, Storm Drain and On-
site Private Improvements to allow modified private street sections,
modified on-street parallel parking spaces, flared and shed curb
and gutter within private streets and drives instead .of typical 6-inch
curb and gutter standard. That the proposed deviations are
consistent with the intent of the established standards and the
Tustin Legacy Specific Plan.
Resolution No. 4356
Page 4
F. Pursuant to the Tustin Legacy Specific Plan and Section 9272 of the Tustin
Municipal Code, the Planning Commission finds that the location, size,
architectural features, and general appearance of the proposed
development will not impair the orderly and harmonious development of the.
area, the present or future development therein, or the occupancy as a
whole. In making such findings, the Commission has considered at least the
following items:
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors, and other openings.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennae.
7. Location, height, and standards of exterior illumination.
8. Landscaping, parking area design, and traffic circulation.
9. Location and appearance of equipment located outside an enclosed
structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed structures to existing structures in the
neighborhood.
12. Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and
public thoroughfares.
13. Development Guidelines and criteria as adopted by the City Council.
G. That a public hearing was duly called, noticed, and held on said
application on November 28, 2017, by the Planning Commission.
H. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEISIEIR)
for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City
Council adopted Resolution No. 04-76 approving a Supplement to the
FEISIEIR for the extension of Tustin Ranch Road between Walnut Avenue
.and the future alignment of Valencia North Loop Road. On April 3, 2006, the
City Council adopted Resolution No. 06-43 approving an Addendum to the
FEISIEIR. And, on May, 13, 2013, the City Council adopted Resolution
No. 13-32 approving a second Addendum to the FEISIEIR. On July 5,
2017, the City Council adopted Resolution No. 17-23 approving a second
Supplement to the FEISIEIR. The FEISIEIR along with its Addenda and
Supplements is a program EIR under the California Environmental Quality
Act (CEQA). The FEISIEIR, Addenda and Supplements considered the
potential environmental impacts associated with development on the former
MCAS, Tustin.
Resolution No. 4356
Page 5
An Environmental Checklist attached hereto as Exhibit A has been
prepared and concluded that these actions do not result in any new
significant environmental impacts or a substantial increase in the severity of
any previously identified significant impacts in the FEISIEIR. Moreover, no
new information of substantial importance has surfaced since certification of
the FEISIEIR,
Il. The Planning Commission hereby recommends that the City Council approve DA
2017-001, TTM 18125, and DR 2017-012 (Tract 17404 — Lot 19), subject to the
conditions attached hereto as Exhibit B.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 28th day of November, 2017.
RYDER TODD SMITH
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4356 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 28th day of November, 2017.
3
ELIZABETH A. BINSACK
Planning Commission Secretary
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EXHIBIT A to
Planning Commission Resolution No. 4356
Tustin Legacy Specific Plan EISIEIR Initial Study & Checklist
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G�'tY O
COMMUNITY DEVELOPMENT DEPARTMENT
S 300 Centennial Way, Tustin, CA 92780
(714) 573-3100
ENVIRONMENTAL ANALYSIS CHECKLIST
For Projects With Previously Certified/Approved Environmental Documents:
Environmental Impact Statement/Environmental Impact Report (EIS/EIR)
for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin
The following checklist takes into consideration the preparation of an environmental document prepared at an
earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to
Section 15162 and 15168 of the California Environmental Quality Act(CEQA) Guidelines.
A. BACKGROUND
Project Title(s): Disposition and Development Agreement for Disposition Parcel 613, Design
Review 2017-012, Development Agreement 2017-001, and Tentative Tract Map
18125
Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780
Lead Agency Contact Person: Edmelynne Huffer Phone: (714) 573-3174 F
Project Location: Disposition Parcel 613 is an area bounded by future Moffett Drive to the north,
Park Avenue to the east, Victory Road to the south, and Tustin Ranch Road to the
west within Planning Area 15 of Neighborhood G, Tustin Legacy Specific Plan
(MCAS Tustin).
Project Sponsor's Name and Address: CalAtlantic Inc.
c/o Ms. Crystal Burckle
15360 Barranca Parkway
Irvine, CA 92618
General Plan Designation: MCAS Tustin Specific Plan
Zoning Designation: Tustin Legacy Specific Plan
Project Description: Design Review 2017-012, Development Agreement 2017-001, and Tentative
Tract Map 18125 for the purpose of developing 218 residential condominium units
comprising of 57 three-story detached homes, 101 three-story attached townhomes, and
60 two- and three-story attached flats and common areas such as paseos, swimming pool
area and outdoor barbeque and necessary infrastructures and street system to support the
proposed development.
Surrounding Uses: North: Vacant land East: Residential
South: Residential West: Vacant land
Previous Environmental Documentation; On January 16, 2001, the City of Tustin certified the Program
Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal
of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No, 04-76 approving a
Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the
future alignment of Valencia North Loop Road. On April 3, 2006,the City Council adopted Resolution No,
06-43 approving an Addendum to the FEIS/EIR. On May, 13, 2013, the City Council adopted Resolution
No, 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted
Resolution No, 17-23 approving a second Supplement to the FEISIEIR in conjunction with Specific Plan
Amendment 2016-01 (Ordinance 1482) for the Tustin Legacy Specific Plan (formerly MCAS Tustin
Specific Plan). The FEIS/EIR along with its Addenda and Supplement is a program EIR under the
California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the
potential environmental impacts associated with development on the former Marine Corps Air Station,
Tustin,
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below.
❑Land Use and Planning ❑Hazards and Hazardous Materials
❑Population and Housing ❑Noise
❑Geology and Soils ❑Public Services
[]Hydrology and Water Quality ❑Utilities and Service Systems
❑Air Quality ❑Aesthetics
❑Transportation & Circulation ❑Cultural Resources
❑Biological Resources ❑Recreation
❑Mineral Resources []Mandatory Findings of
❑Agricultural Resources Significance
C. DETERMINATION:
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
❑ 1 find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project, A NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I
❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one
effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and
2) has been addressed by mitigation measures based on the earlier analysis as described on attached
sheets, if the effect is a"Potentially Significant Impact" or "Potentially Significant Unless Mitigated."
An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
® I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
[] I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2)have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project.
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Preparers, ' �' Date: 11 —20?�17
Edmelynne . Hutter, Senior Planner-Planning
Date l be t
Elizabeth A. Binsack, Community Development Director
D. EVALUATION OF ENVIRONMENTAL IMPACTS
See Attached
EVALUATION OF ENVIRONMENTAL IMPACTS
No Substantial
.New More Change From
Significant Severe Previous
1. AESTHETICS—Would the project: _ Impact Impacts Analysis
a) Have a substantial adverse effect on a scenic vista? ❑ ❑
b) Substantially damage scenic resources,including,but not
limited to,trees,rock outcroppings, and historic buildings
within a state scenic highway? ❑ ❑
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? ❑ ❑
d) Create anew source of substantial light or glare which
would adversely affect day or nighttime views in the area? ❑ ❑
11. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model(1997)prepared by the California Dept. of
Conservation as an optional model to use in assessing impacts
on agriculture and farmland. Would the project:
a) Convert Prime Farmland,Unique Farmland, or Farmland
of Statewide Importance(Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency,to non- i
agricultural use? ❑ ❑
b) Conflict with existing zoning for agricultural use,or a
Williamson Act contract? ❑ ❑
c) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland,to non-agricultural use? ❑ ❑
III. AIR QUALITY_: Where available,the significance I
criteria established by the applicable air quality management
or air pollution control district may be relied upon to make the
following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable
air quality plan? ❑ ❑
I
b) Violate any air quality standard or contribute substantially
to an existing or projected air quality violation? ❑ ❑
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)? ❑ ❑
d) Expose sensitive receptors to substantial pollutant
concentrations? ❑ ❑
e) Create objectionable odors affecting a substantial number
of people? ❑ ❑
No Substantial
New More Change From
Significant Severe Previous
I.V. BIOLOGICAL RESOURCES: -Would the project: Impact Impacts Analysis_
a) Have a substantial adverse effect,either directly or
through habitat modifications, on any species identified as a
candidate, sensitive,or special status species in local or
regional plans,policies,or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service? ❑ ❑
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or 3
regional plans, policies,regulations or by the California ?
Department of Fish and Game or U.S.Fish and Wildlife
Service? ❑ El
c) .Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including,but not limited to, marsh,vernal pool, coastal,etc.)
through direct removal, filling, hydrological interruption,or
other means? ❑ ❑ 21
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,or
impede the use of native wildlife nursery sites? ❑ ❑
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance? ❑ ❑
f) Conflict with the provisions of an adopted Habitat
Conservation Plan,Natural Community Conservation Plan,or
other approved local,regional, or state habitat conservation
plan? ❑ ❑
V. CULTURAL RESOURCES: -Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in § 15064.5? ❑ ❑
b) Cause a substantial adverse change in the significance of i
an archaeological resource pursuant to § 15064.5? ❑ ❑
e
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? ❑ ❑
d) Disturb any human remains, including those interred
outside of formal cemeteries? ❑ ❑ ® i
VI. GEOLOGY AND SOILS: -Would the project;
a) Expose people or structures to potential substantial
adverse effects,including the risk of loss, injury, or death
involving:
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42,
ii) Strong seismic ground shaking? ❑ ❑
iii) Seismic-related ground failure,including liquefaction? ❑ ❑
iv) Landslides? ❑ ❑
b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® i
c) Be located on a geologic unit or soil that is unstable,or
that would become unstable as a result of the project,and
potentially result in on-or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse? ❑ ❑
d) Be located on expansive soil,as defined in Table 18-1-B
E
of the Uniform Building Code(1994), creating substantial ❑ ❑
risks to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems where
sewers are not available for the disposal of waste water? ❑ ❑
VII. GREENHOUSE GAS EMISSIONS:
Would the project:
I
a) -Generate greenhouse gas emissions,either directly or
indirectly, that may have a significant impact on the ❑ ❑
environment?
b) Conflict with an applicable plan,policy or regulation
adopted for the purpose of reducing the emissions of ❑ ❑
greenhouse gases?
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VIII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport,use, or disposal of ❑ ❑
hazardous materials?
i
b) Create a significant hazard to the public or the ❑ ❑
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous.emissions or handle hazardous or acutely
hazardous materials,substances, or waste within one-quarter ❑ ❑
mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
Code Section 65962,5 and, as a result,would it create a
significant hazard to the public or the environment? ❑ ❑
e) For a project located within an airport land use plan or,
where such a plan has not been adopted,within two miles of a
public airport or public use airport,would the project result in
a safety hazard for people residing or working in the project
area? ❑ ❑
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people residing
or working in the project area? ❑ ❑
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan? ❑ ❑
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fres, including where
wildlands are adjacent to urbanized areas or where residences
are intermixed with wildlands? ❑ ❑
IX. HYDROLOGY AND WATER QUALITY: — Would
the project:
a) Violate any water quality standards or waste discharge
requirements? ❑ ❑ El
E
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level(e.g.,the production rate of pre-
existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits
have been granted)? ❑ ❑
f
c) Substantially alter the existing drainage pattern of the site
or area,including through the alteration of the course of a
stream or river, in a manner which would result in substantial
erosion or siltation on-or off-site? ❑ ❑
d) Substantially alter the existing drainage pattern of the site
or area,including through the alteration of the course of a
stream or river,or substantially increase the rate or amount of
surface runoff in a manner,which would result in flooding on- ❑ ❑
or off-site?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff? ❑ ❑ ® i
i
f) Otherwise substantially degrade water quality? ❑ ❑
i
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map? ❑ ❑
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? ❑ ❑
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding as a result of the failure of a
levee or dam? ❑ ❑
j) Inundation by seiche, tsunami, or mudflow? ❑ ❑
X. LAND USE AND PLANNING—Would the project:
a) Physically divide an established community? ❑ ❑
b) Conflict with any applicable land use plan,policy, or
regulation of an agency with jurisdiction over the project
(including,but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance)adopted for the
purpose of avoiding or mitigating an environmental effect? ❑ ❑
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan? ❑ ❑
Xl. MINERAL RESOURCES--Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the residents '
of the state? ❑ ❑
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local general
plan,specific plan or other land use plan? ❑ ❑
XILNOISE—
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance,or applicable standards of other agencies? ❑ ❑
b) Exposure of persons to or generation of excessive
groundborne vibration or groundbome noise levels? ❑ ❑
c) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project? ❑ ❑
d)' A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project? ❑ ❑
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a
public airport or public use airport,would the project expose
people residing or working in the project area to excessive
noise levels? ❑ ❑
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in the
project area to excess noise levels? ❑ ❑
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
Xlii. POPULATION AND HOUSING—Would the
project:
a) Induce substantial population growth in an area, either
directly(for example, by proposing new homes and
businesses)or indirectly(for example,through extension of
roads or other infrastructure)? ❑ ❑
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? ❑ ❑
c) Displace substantial numbers of people,necessitating the
construction of replacement housing elsewhere? ❑ ❑
X1V. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities,the construction of which
could cause significant environmental impacts,in order to
maintain acceptable service ratios,response times or other
performance objectives for any of the public services:
Fire protection? ❑ ❑
Police protection? ❑ ❑
Schools? ❑ ❑
Partes? ❑ ❑
Other public facilities? ❑ ❑
XV.RECREATION—
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated? ❑ ❑
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities which
might have an adverse physical effect on the environment? ❑ ❑
XVI. TRANSPORTATION/TRAFFIC—Would the
project: '
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e. result in a substantial increase in either the number of
vehicle trips,the volume to capacity ratio on roads, or
congestion at intersections)? ❑ ❑
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways? ❑ ❑
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results
in substantial safety risks? ❑ ❑
d) Substantially increase hazards due to a design feature(e.g.
sharp curves or dangerous intersections)or incompatible uses
(e.g.,farm equipment)? ❑ ❑
e) Result in inadequate emergency access? ❑ ❑
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f) Result in inadequate parking capacity? ❑ ❑
g) Conflict with adopted policies,plans,or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)? ❑ ❑
XVII.UTILITIES AND SERVICE SYSTEMS—
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? ❑ ❑
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities,the construction of which could cause significant
environmental effects? ❑ ❑
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities,the
construction of which could cause significant environmental
effects? ❑ ❑
d Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are new or
expanded entitlements needed? ❑ ❑
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected demand in
addition to the provider's existing commitments? ❑ ❑
f) Be served by a landfill with.sufficient permitted capacity
to accommodate the project's solid waste disposal needs? ❑ ❑
g) Comply with federal, state, and local statutes and
regulations related to solid waste? ❑ ❑
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels,threaten to eliminate a plant or
animal community,reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory? ❑ ❑
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
b) Does the project have impacts that are individually
limited,but cumulatively considerable? ("Cumulatively
considerable"means that the incremental effects of a project
are considerable when viewed in connection with the effects
of past projects,the effects of other current projects, and the
effects of probable future projects)? ❑ ❑
c) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either ,
directly or indirectly? ❑ ❑
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EVALUATION OF ENVIRONMENTAL IMPACTS
Development Agreement 2017-001, Design Review 2017-012,
and Tentative Tract Map 18125
PREVIOUS ENVIRONMENTAL DOCUMENTATION
On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact
State m ent/Enviro n menta I Impact Report (FEISIEIR) for the reuse and disposal of MCAS
Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a
Supplement to the FEISIEIR for the extension of Tustin Ranch Road between Walnut Avenue and
the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted
Resolution No. 06-43 approving an Addendum to the FEISIEIR. On May, 13, 2013, the City
Council adopted Resolution No. 13-32 approving a second Addendum to the FEISIEIR. On July
5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the
FEISIEIR in conjunction with Specific Plan Amendment 2016-01 (Ordinance 1482) for the Tustin
Legacy Specific Plan (formerly MCAS Tustin Specific Plan), The FEISIEIR, along with its
addendums and supplements, is a program EIR under the California Environmental Quality Act
(CEQA). The FEISIEIR, addendums and supplemental considered the potential environmental
impacts associated with development on the former Marine Corps Air Station, Tustin, The
FEISIEIR along with its Addenda and Supplement is a program EIR under the California
Environmental Quality Act (CEQA). The FEISIEIR, Addenda and Supplement considered the
potential environmental impacts associated with development on the former Marine Corps Air
Station, Tustin.
The FEISIEIR, Addendums and Supplement analyzed the environmental consequences of the
Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the i
Tustin Legacy Specific Plan (referred to in this. document as the Specific Plan), The CEQA
analysis also analyzed the environmental impacts of certain "Implementation Actions" that the
City of Tustin and City of Irvine must take to implement the Tustin Legacy Specific Plan.
The Tustin Legacy Specific Plan proposed and the FEISIEIR analyzed a multi-year
development period for the planned urban reuse project (Tustin Legacy). When individual
discretionary activities within the Specific Plan are proposed, the lead agency is required to
examine the individual activities to determine if their effects were fully analyzed in the FEISIEIR.
The agency can approve the activities as being within the scope of the project covered by the
FEISIEIR. If the agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the
CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity
of previously identified significant effects occur, then no supplemental or subsequent EIR is
required.
PROJECT LOCATION
The project site is approximately 20 gross acres located within the Tustin Legacy Specific Plan
(Tustin Legacy) boundaries affecting Disposition Parcel 6B. The project site is bounded by
future Moffett Drive to the north, Park Avenue to the east, Victory Road to the south, and Tustin
Ranch Road to the west within Planning Area 15 of Neighborhood G, Tustin Legacy Specific f
Plan.
PROJECT DESCRIPTION
Design Review 2017-012, Development Agreement 2017-001, and Tentative Tract Map 18125
are development applications to construct 218 residential condominium units comprising of 57
three-story detached homes, 101 three-story attached townhomes, and 60 two- and three-story
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 2
attached flats and common areas including paseos, swimming pool area and outdoor barbeque.
The site is bounded by future Moffett Drive to the north, Park Avenue to the east, Victory Road
to the south, and Tustin Ranch Road to the west. The proposed project requires approval of a
Tentative Tract Map, Design Review and Development Agreement. The project has been
designed to enhance livability by integrating three (3) distinctive housing styles as follows:
Fleet is the smallest home type and is bordered by Moffet Drive on the north, Tustin Ranch
Road on the west and Victory Road on the south. There are 101 row and court townhomes
ranging from 1,371 to 2,144 square feet with 2-4 bedrooms. There are five (5) residential units
in the row townhome condominums and ten (10) residential units in the court townhome
condominiums.
Velocity consists of motorcourt flats and is located on the interior of the project site and
bordered by the Icon and Fleet models. There are 60 motorcourt flats which are 1,485 to 2,966
square feet with 2-3 bedrooms. Each building consists of 10 units. The swimming pool and
open space areas are located within this portion of the project site.
Icon is the largest home type and is bordered by Moffet Drive on the north, Park Avenue on the
east, and Victory Road on the south. There are 57 single-family detached cluster-style
condominiums and 1,957 to 2,688 square feet in size and are 3-4 bedrooms.
Generally the applications can be described as follows:
• Disposition and Development Agreement for Disposition Parcel 613:
The Disposition and Development Agreement for Disposition Parcel 6B (DDA) is the
agreement between the applicant and the City specifying the City's intent to sell the project
site property and the applicant's intent to buy and develop the proposed project on the site.
• Development Agreement 2017-001:
Pursuant to Section 4.2.7 of the Tustin Legacy Specific Plan, prior to issuance of any
permits or approval of any entitlements within the Specific Pian area, all private
development shall first obtain a Development Agreement in accordance with the State's
Government Code and Tustin City Code. The purpose of the Development Agreement is to
strengthen the public planning process, encourage private participation in comprehensive
planning, and reduce economic risk if development. Accordingly, Cal Atlantic has submitted
a Development Agreement to augment and further the purpose and intent of the General
Plan and Specific Plan, and Final EISIEIR and will ensure the orderly implementation of
infrastructure and development. The Development Agreement also includes schedule of
performance, obligations, and phasing triggering mechanism that ensure adequate local and
Tustin Legacy backbone infrastructure program are in place to support the proposed
development.
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• Design Review 2017-012:
Pursuant to Section 4.2.2 of the Tustin Legacy Specific Plan, individual development shall
require Site Plan and Design Review in accordance with the Tustin City Code, Design
Review 2017-012 has been proposed for the project site planning and design. The proposed
project design and site layout are consistent with the intent of the Specific Plan and
complies with design review criteria prescribed in the Tustin City Code.
• Tentative Tract Map 18125:
The proposed Tentative Tract Map is a condominium subdivision of an approximately 20-
acre site into 8 numbered lots and 2 lettered lots for the development of 57 three-story
detached homes, 101 three-story attached townhomes and 60 two to three story attached
flats, and common areas such as paseos, swimming pool area and outdoor barbeque.
EVALUATION OF ENVIRONMENTAL IMPACTS i
An Environmental Analysis Checklist has been completed and it has been determined that this
Project is within the scope of the Prior Environmental Review and that pursuant to Public
Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162
and 15168(c), there are no substantial changes in the project requiring major revisions to the
Prior Environmental Review, no substantial changes with respect to the circumstances under
which the project is being undertaken which will require major revisions to the Prior
Environmental Review, or any new information which was not known and could not have been
known at the time the Prior Environmental Review was certified showing that: (1) the project will
have any new significant effects; (2) significant effects previously examined will be substantially
more severe; (3) mitigation measures or alternatives previously determined to be infeasible will
now be feasible and would substantially reduce one or more significant effects of the project but
the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or
alternatives considerably different from those previously analyzed would substantially reduce
one or more significant effects on the environment, but the City declined to adopt the mitigation
measure or alternative. Accordingly, no new environmental document is required by CEQA.
The following information provides background support for the conclusions identified in the
Environmental Analysis Checklist.
I. AESTHETICS —Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, trees,
rock outcroppings, and historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or quality of the site and its
surroundings?
d) Create a new source of substantial light or glare, which would adversely affect
day or nighttime views in the area?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 4
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
The project is not located on a scenic highway nor will it affect a scenic vista. The
development of residential units within Planning Area 15 were considered within the
FEISIEIR and will have no negative aesthetic effect on the site when mitigation measures
identified in the FEISIEIR are incorporated with approval of the project. All exterior design
is required to be in compliance with Section 3.19— Urban Design Guidelines of the Tustin
Legacy Specific Plan. The proposal includes Design Review application, which requires
that the Planning Commission and City Council review and ensure the design of the
project, if approved, is found to be cohesive and in harmony with surrounding uses. All
exterior lighting would be designed to reduce glare, create a safe night environment, and
avoid impacts to surrounding properties in compliance with Section 3.19.3d of the Tustin
Legacy Specific Plan and the City's Security Ordinance. The proposed project will result
in no substantial changes to the environmental impacts previously evaluated with the
certified Program FEISIEIR, the Supplemental and Addendums.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to aesthetics. Specifically, there have not been: (1) changes to the Project that
require major revisions of the previous FEISIEIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEISIEIR due to
the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or
alternatives that were not known and could not have been known when the FEISIEIR,
the Supplemental or Addendums were certified as completed.
Mitigation/Monitoring Required.- no new impacts or substantially more severe aesthetic
impacts would result from the adoption and implementation of the Project; therefore, no
new or revised mitigation measures are required for aesthetics and visual quality, No
refinements related to the Project are necessary to the FEISIEIR mitigation measures
and no new mitigation measures are required. Mitigation measures were adopted by the
Tustin City Council in the FEISIEIR, Addendums and Supplemental; and applicable
measures will be required to be complied with as conditions of entitlement approvals for
future development of the site.
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Sources: Field Observations
Submitted Plans !
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-58 through 3-
67)
Tustin Legacy Specific Plan (Pages 5-35 through 5-68)
Tustin General Plan
II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. Would the project:
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DA 2017-001, DR 2017-012, and TTM 18125
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a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
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c) Involve other changes in the existing environment which, due to their location
or nature, could result in conversion of Farmland to non-agricultural use?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use Is consistent with the approved Specific Plan. As
documented in the FEISIEIR, the project site is part of Tustin Legacy Specific Plan that
contained 702 acres of farmland. The FEISIEIR concluded that there would be no viable
long-term mitigation to off-set the impact of converting farmland on MCAS Tustin to urban
uses.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard. to agricultural resources. Specifically, there have not been: (1) changes to the
Project that require major revisions of the previous FEISIEIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified effects; (2) substantial changes with respect to the circumstances
under which the Project is undertaken that require major revisions of the previous
FEISIEIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEISIEIR, the Supplemental or Addendums were certified as completed.
Mitigation/Monitoring Required. Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEISIEIR. However, the FEISIEIR also concluded that
Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A
Statement of Overriding Consideration for the FEISIEIR was adopted by the Tustin City
Council on January 16, 2001.
Sources: Field Observations
FEISIEIR for Disposal and Reuse of MCAS Tustin (Page 3-83 through 3-87,
4-109 through 114) and Addendums (Page 5-3 through 5-8)
Tustin Legacy Specific Plan (Pages 5-43 through 5-47)
Tustin General Plan
III. AIR QUALITY: Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied i
upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Violate any air quality standard or contribute substantially to an existing or
projected air quality violation?
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c) Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is non-attainment under an applicable federal or state
ambient air quality standard (including releasing emissions that exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant concentrations?
e) Create objectionable odors affecting a substantial number of people?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan. As
documented in the FEISIEIR, the project is part of a larger reuse project at Tustin Legacy
that was projected to result in air quality impacts that cannot be fully mitigated. A
Statement of Overriding Consideration for the FEISIEIR was adopted by the Tustin City
Council on January 16, 2001. The site is presently not in use. The project applicant i
proposes to construct within the maximum allowable residential units in Planning Area 15
of the Tustin Legacy Specific Plan. Therefore, no significant impact beyond what was
analyzed in the adopted FEISIEIR is anticipated.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to air quality. Specifically, there have not been: (1) changes to the Project that
require major revisions of the previous FEISIEIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
effects; (2) substantial changes with respect to the circumstances under which the Project
is undertaken that require major revisions of the previous FEISIEIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of
previously identified effects; or (3) the availability of new information of substantial
importance relating to significant effect or mitigation measures or alternatives that was not
known and could not have been known when the FEISIEIR was certified as complete.
Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEISIEIR. However, the FEISIEIR also concluded that
Reuse Plan related operational air quality impacts were significant and impossible to fully
mitigate. A Statement of Overriding Consideration for the FEISIEIR was adopted by the
Tustin City Council on January 16, 2001.
Sources: Field Observations
Submitted Plans
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-143
through153, 4-207 through 4-230 and pages 7-41 through 7-42)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.1-1 through
5.1-32)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Table 2, 1993 South Coast Air Quality Management District, CEQA Air
Quality Handbook
Tustin General Plan
IV. BIOLOGICAL RESOURCES: -Would the project:
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
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a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations, or
by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected wetlands as defined
by Section 444 of the Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory
fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional or state
habitat conservation plan?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
The FEIS/EIR found that implementation of the Reuse Plan and Tustin Legacy Specific
Plan would not result in impacts to federally listed threatened or endangered plant or animal
species. The proposed project is within the scope of development considered with the
analysis of the FEISIEIR, the Supplementals and Addendums for MCAS Tustin. The
FEISIEIR determined that implementation of the Reuse Plan and Tustin Legacy Specific
Plan (including the proposed project) could impact jurisdictional waters/wetlands and the
southwestem pond turtle or have an impact on jurisdictional waters/wetlands. The project
site has been surveyed, and turtles were captured and moved off the site to another
location as directed and overseen by the California Department of Fish and Game. Since
that time, all former Marine Corps base drainage channels in the area were removed and
graded by the former owner of the property with the required 401, 404 and 1601 permits
issued by Fish and Game, Army Corps of Engineers, and Regional Water Quality Control
Board. Consequently, the proposed project would not affect the southwestern pond turtle
or have an impact on jurisdictional waters or wetlands. No substantial change is expected
from the analysis previously completed in the FEISIEIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
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15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to biological resources. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEISIEIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which the
Evaluation of Environmental Impacts
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Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effect or mitigation measures or alternatives
that was not known and could not have been known when the FEISIEIR was certified as
complete. 1
Mitigation/Monitoring Required: No mitigation is required.
Sources: Field Observations
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3-
82, 4-103 through 4-108, and 7-26 through 7-27)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
V. CULTURAL RESOURCES: -Would the project:
a) Cause a substantial adverse change in the significance of a historical resource
as defined in §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological
resource pursuant to § 15064.57
c) Directly or indirectly destroy a unique paleontological resource or site or
unique geologic feature?
d) Disturb any human remains, including those interred outside formal
cemeteries?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story .attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan. It
should be noted that the former MCAS Tustin contained two National Register listed
blimp hangars, and several concrete or asphalt blimp landing pads that were considered
historically or culturally significant, pursuant to the federal Section 106 process
conducted at the site. Through the Section 106 process, these facilities were identified as
part of a discontiguous Historic District. The Navy, State Office of Historic Preservation
(SHPO), and Advisory Council executed a Memorandum of Agreement (attached as part of
the EIS/EIR) with City of Tustin and County of Orange as invited signatories that allowed for
the destruction of the blimp pads. The EIS/EIR noted that it may not be financially feasible
to retain the blimp hangars and there may be irreversible significant impacts. A Statement
of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on
January 16, 2001. Consistent with the above referenced agreement, the previous owner of
the property removed the blimp pad from the project site and leveled the property.
However, no portion of the previously existing blimp landing pads nor the existing blimp
hangars are located within the project site boundary.
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Numerous archaeological surveys have been conducted at the former MCAS Tustin site.
In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that
all open spaces on MCAS Tustin had been adequately surveyed for archaeological
resources. Although one archaeological site (CA-ORA-381) has been recorded within the
Reuse Plan area, it is believed to have been destroyed. It is possible that previously
unidentified buried archaeological or paleontological resources within the project site could
be significantly impacted by grading and construction activities. With the inclusion of
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mitigation measures that require construction monitoring, potential impacts to cultural
resources can be reduced to a level of insignificance. No substantial change is expected
from the analysis previously completed in the FEISIEIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to cultural resources. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEISIEIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which the
Project is undertaken that require major revisions of the previous FEISIEIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effect or mitigation measures or alternatives
that was not known and could not have been known when the FEISIEIR was certified as I
complete.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEISIEIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3-
74, 4-93 through 4-102 and 7-24 through 7-26)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
VI. GEOLOGY AND SOILS: —Would the project:
a) Expose people or structures to potential substantial adverse effects, including
the risk of loss, injury, or death involving:
• Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist
for the area or based on other substantial evidence of a known fault? Refer
to Division of Mines and Geology Special Publication 42.
• Strong seismic ground shaking?
•' Seismic-related ground failure, including liquefaction?
• Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction or collapse?
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d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform
Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative wastewater disposal systems where sewers are not available for the
disposal of wastewater?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
The FEISIEIR indicates that impacts to soils and geology resulting from implementation of
the Reuse Plan and Tustin Legacy Specific Plan would "include nonseismic hazards (such
as local settlement, regional subsidence, expansive soils, slope instability, erosion, and
mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground
shaking, ground failure and lurching, seismically induced settlement, and flooding
associated with dam failure." However, the FEISIEIR for MCAS Tustin also concluded that
compliance with state and local regulations and standards, along with established
engineering procedures and techniques, would avoid unacceptable risk or the creation of
significant impacts related to such hazards. No substantial change is expected for
development of the project from the analysis previously completed in the FEISIEIR for
MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other F
environmental document to evaluate Project impacts or mitigation measures exist with
regard to geology and soils. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEISIEIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEISIEIR due to
the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or
alternatives that were not known and could not have been known when the FEISIEIR,
the Supplemental or Addendums were certified as completed.
Mitigatiorr/Monitoriog Required:As identified in the FEISIEIR, compliance with existing rules
and regulations would avoid the creation of potential impacts. No mitigation is required.
Sources: Field Observations
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3-
97, 4-115 through 4-123 and 7-28 through 7-29)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
i
VII. GREENHOUSE GAS EMISSIONS: —Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may
have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose
of reducing the emissions of greenhouse gases?
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 11
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area, The proposed use is consistent with the approved Specific Plan,
which also areas for commercial, retail and institutional uses. These uses currently
generage greenhouse gas emissions from natural gas used for energy, heating and
cooking, electricity usage, vehicle trips associated it heach land use areas sources such
as landscaping equipment and consumer cleaning products from water demand,
wastewater generation and solid waste generation. The FEIS/EIR did not evaluate
greenhouse gas (GHG) emissions impacts because, prior to SB 97, which went into effect
January 1, 2010, it was not included in the CEQA Guidelines Appendix G checklist and the
City of Tustin did not have adopted thresholds at the time of preparation. The City has
prepared the Final Supplemental EIR (FSEIR), which was adopted in June 2017 in
conjunction with the Tustin Legacy Specific Plan Amendment (Modified Project). The
FSEIR analyzed the MCAS Tustin Specific Plan (Adopted Specific Plan) would have
generated GHG emissions at levels that would exceed the thresholds established by
Southern California Air Quality Management District, The FSEIR concluded that the j
Modified Project would contribute to global climate change through direct emission of GHG
from onsite area sources and vehicle trips and indirectly through offsite energy production
required for onsite activities, water use and waste disposal. However, the Modified Project
would generate GHG emissions at a reduced rate than the rate GHG emissions would
have been produced under the Adopted Specific Plan.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.2-1 through
Pages 5.2-29) I
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
VIII. HAZARDS AND HAZARDOUS MATERIALS: —Would the project:
i
a) Create a significant hazard to the public or the environment through the I
routine transport, use or disposal of hazardous materials?
I
b) Create a significant hazard to the public or the environment through
reasonable foreseeable upset and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of hazardous materials sites
compiled pursuant to Government code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 12
e) For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles or a public airport or public use airport,
would the project result in a safety hazard for people residing or working in the
project area?
f) For a project within the vicinity of a private airstrip, would the project result in
a safety hazard for people residing or working in the project area?
g) Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death
involving wildland fires, including where wildlands are adjacent to urbanized
areas or where residences are intermixed with wildlands?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
The project will not create a significant hazard to the public through the transport, use, or
disposal of hazardous materials, nor are there reasonably foreseeable upset and accident
conditions at the property. In addition, construction and residential uses would not emit
hazardous emissions within a quarter mile of an existing or proposed school. The Navy
conveyed the property in 2002 as unrestricted and suitable for residential reuse.
In addition, the project site is located within the boundaries of the Airport Environs Land
Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie
within a flight approach or departure corridor and thus does not pose an aircraft-related
safety hazard for future residents or workers. The project site is also not located in a
wildland fire danger area. Compliance with all federal, state and local regulations
conceming handling and use of household hazardous substances will reduce potential
impacts to below a level of significance. No substantial change is expected from the
analysis previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to hazards and hazardous materials. Specifically, there have not been; (1)
changes to the Project that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; (2) substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions of the
previous FEISIEIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability ,
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the o
FEISIEIR, the Supplemental or Addendums were certified as completed.
Mitigation/Monitoring Required:As identified in the FEISIEIR, compliance with existing rules
and regulations would avoid the creation of potential impacts. No mitigation is required,
Sources: Field Observation
Evaluation of.Environmentai Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 13
FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3-
117, 4-930 through 4-138 and 7-30 through 7-31)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Finding of Suitability to Transfer(FOST), MCAS Tustin
Tustin General Plan. ;
Vlll. HYDROLOGY AND WATER QUALITY: -Would the project:
a) Violate any water quality standards or waste discharge requirements?
b) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge, such that there would be a net deficit in aquifer volume
or a lowering of the local groundwater table level (e.g., the production rate of
pre-existing nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, in a manner which
would result in flooding on-or off-site?
d) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, or substantially
increase the rate or amount of surface runoff in a manner, which would result
in flooding on- or off-site?
e) Create or contribute runoff water which would exceed the capacity of existing
or planned storm water drainage systems or provide substantial additional
sources of polluted runoff?
Q Otherwise substantially degrade water quality?
g)' Place housing within a 104-year flood hazard area as mapped on a federal
Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures, which would impede or
redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee or
dam?
j) Inundation by seiche, tsunami, or mudflow?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
The project design and construction of facilities to fully contain drainage of the site would be
required as conditions of approval of the project and submitted/approved Water Quality
Management Plan. No long-tenn impacts to hydrology and water quality are anticipated for E
the proposed project. The proposed housing project will also not impact groundwater in the
deep regional aquifer or shallow aquifer. The proposed project would not include
groundwater removal or alteration of historic drainage patterns at the site. The project is
not located within a 100-year flood area and will not expose people or structures to a
significant risk of loss, injury and death involving flooding as a result of the failure of a levee
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 14
or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or
mudflow.
Construction operations would be required to comply with the Total Maximum Daily Load
(TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area
Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and
the implementation of specific best management practices (BMP). Compliance with state
and local regulations and standards, along with established engineering procedures and
techniques, would avoid unacceptable risk or the creation of significant impacts related to
such hazards. Consequently, no substantial change is expected from the analysis
previously completed in the FEISIEIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to hydrology and water quality. Specifically, there have not been: (1) changes to
the Project that require major revisions of the previous FEISIEIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of
previously identified effects; (2) substantial changes with respect to the circumstances
under which the Project is undertaken that require major revisions of the previous
FEISIEIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEISIEIR, the Supplemental or Addendums were certified as completed.
Mitigation/Monitorng Required: As identified in the FEISIEIR, compliance with existing
rules and regulations would avoid the creation of potential impacts. No mitigation is
required,
i
f
Sources: Field Observation
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3-
105, 4-124 through 4-129 and 7-29 through 7-30)
Tustin Legacy Specific Plan ((Pages 5-34 through 5-68)
FEMA Flood Map: FIRM Panel 06059CO279J(Dec. 2, 2009)
Tustin General Plan
Fire Hazard Severity Zone Map (2011)
IX. LAND USE AND PLANNING: Would the project: Physically divide an established
community?
a} Conflict with any applicable land use plan, policy, or regulation of an agency f
with jurisdiction over the project (including, but not limited, to the general
plan, specific plan, local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect? i
E
b) Conflict with any applicable habitat conservation plan or natural community
conservation plan?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan and
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 15
the number of dwelling units proposed by the Project is under the maximum
development threshold for Planning Area 15, which contemplates the development of
2,814 dwelling units in total. The City of Tustin is the controlling authority over
implementation of the Reuse Plan for the former base, such as land use designations,
zoning categories, recreation and open space areas, major arterial roadways, urban
design, public facilities, and infrastructure systems. On July 18, 2017, the Tustin City
Council approved the Tustin Legacy Specific Plan for Tustin Legacy project area that
established land use and development standards for development of the site. The
proposed project complies with Planning Area 15's development standards for residential
units as noted in Section 3.13.2 of the Tustin Legacy Specific Plan. Compliance with state
and local regulations and standards would avoid the creation of significant land use and
planning impacts. Also, the proposed Project will not conflict with any habitat conservation
plan or natural community conservation plan, Consequently, no change is expected from
the analysis previously completed in the FEISIEIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
1
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to land use and planning. Specifically, there have not been: (1) changes to the
Project that require major revisions of the previous FEISIEIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified effects; (2) substantial changes with respect to the circumstances
under which the Project is undertaken that require major revisions of the previous
FEISIEIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability i
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEISIEIR, the Supplemental or Addendums were certified as completed.
Mifigafion/Monkoring Required: The proposed project is consistent with the development 3
standards of the MCAS Tustin Specific Plan as identified by the adopted FEISIEIR. No
mitigation is required.
Sources: Field Observation
3
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3
to 4-13 and 7-16 to 7-18)
FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.2-1 through
Page 5.2-27)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68) i
Tustin General Plan
X. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral resource that would be a
value to the region and the residents of the state?
3
b) Result in the loss of availability of a locally important mineral resource
recovery site delineated on a local general plan, specific plan or other land use
plan?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 16
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
Chapter 3.9 of the FEIS/EIR indicates that no mineral resources are known to occur
anywhere within the Reuse Plan area. The proposed project will not result in the loss of
mineral resources known to be on the site or identified as being present on the site by any
mineral resource plans. Consequently, no substantial change is expected from the
analysis previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to mineral resources. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEISIEIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEISIEIR due to
the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or
alternatives that were not known and could not have been known when the FEISIEIR,
the Supplemental or Addendums were certified as completed.
Mitigation/Monitoring Required: No mitigation is required.
Sources: Field Observation
FEISIEIR for Disposal and Reuse of MCAS Tustin (Page 3-91)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XI. NOISE: Would the project:
a) Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive ground borne vibration or
ground borne noise levels?
c) A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project?
c) A substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project?
!
d) For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport,
would the project expose people residing or working in the project area to
excessive noise levels?
I
e) For a project within the vicinity of a private airstrip, would the project expose
i
people residing or working in the project area to excessive noise levels?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012,and TTM 18125
Page 17
The FEISIEIR indicates that full build-out of the base will create noise impacts that would
be considered significant if noise levels experienced by sensitive receptors would exceed
those considered "normally acceptable" for the applicable land use categories in the Noise
Elements of the Tustin General Plan. For interior noise, N-3 identified in the FEISIEIR
requires plans demonstrating noise regulation conformity be submitted for review and
approval prior to building permits being issued. Compliance with adopted mitigation
measures and state and local regulations and standards, along with established
engineering procedures and techniques, will avoid unacceptable risk or the creation of
significant impacts related to such hazards.
i
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to noise. Specifically, there have not been: (1) changes to the Project that require
major revisions of the previous FEISIEIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
effects; (2) substantial changes with respect to the circumstances under which the
Project is undertaken that require major revisions of the previous FEISIEIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or
alternatives that were not known and could not have been known when the FEISIEIR,
the Supplemental or Addendums were certified as completed.
Mifigation/Moniforing Required: Mitigation measures have been adopted by the Tustin City
Council in the FEISIEIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
Submitted Plans
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162,
4-231 to 4-243 and 7-42 to 7-43)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.4-1 through
5.4-28)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XII. POPULATION & HOUSING: Would the project:
I
a) Induce substantial population growth in an area, either directly (for example,
by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan and
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 18
the number of dwelling units proposed is under the maximum development threshold for
Planning Area 15, which contemplates the development of 2,814 dwelling units in total.
Additionally, the proposed project site is vacant and will not displace people or necessitate
construction of replacement housing elsewhere. No substantial change is expected from
the analysis previously completed in the FEISIEIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to population and housing. Specifically, there have not been: (1) changes to the
Project that require major revisions of the previous FEISIEIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified effects; (2) substantial changes with respect to the circumstances
under which the Project is undertaken that require major revisions of the previous
FEISIEIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEISIEIR, the Supplementals orAddendums were certified as completed.
Mitigation/Monitoring Required. No mitigation is required.
Sources: Field Observations
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4-
14 to 4-29 and 7-18 to 7-19)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.5-1 through '
5.5-15)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XIII. PUBLIC SERVICES
3
a) Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for
new or physically altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to maintain acceptable
service ratios, response times, or other performance objectives for any of the
public services:
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan.
The site is currently vacant. Development of the site would require public services such as
fire and police protection services, schools, libraries, recreation facilities, and biking/hiking
trails.
Fire Protection, The proposed project will be required to meet existing Orange County
Fire Authority (OCFA) regulations regarding construction materials and methods,
emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building
setbacks, and other relevant regulations. Adherence to these regulations would reduce
the risk of uncontrollable fire and increase the ability to efficiently provide fire protection
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012,.and TTM 18125
Page 19
services to the site. The number of fire stations existing and planned in the area
surrounding the site will meet the demands created by the proposed project.
Police Protection. The need for police protection services is assessed on the basis of
resident population estimates, square footage of non-residential uses, etc. Development of
the site would increase the need for police protection services. The developer as a
condition of approval for the project would be required to work with the Tustin Police
Department to ensure that adequate security precautions such as visibility, lighting,
emergency access, address signage are implemented in the project at plan check.
Schools. The proposed project is located within Tustin Unified School District (TUSD).
The implementation of the Reuse Plan would provide two 10-acre sites for elementary
schools and a 40-acre high school site to serve the growing student population within its
district. The 2001 FEIS/EIR determined that the project would generate 1,473 students
within the TUSD. The 2006 Addendum determined that the modified project would result
in a reduction of 497 students within the TUSD and analyzed the impact of expanding
the Heritage school by 5 acres to accommodate a combination elementary/middle
school instead of the two elementary schools and one high school contemplated in the
2001 FEIS/EIR. Utilizing the 2006 Addendum student generation factors of 0.465 for K-
8 in single family detached residences and 0.219 for K-8 in attached single family homes
and 0.135 for grades 9-12 in single family homes and 0.077 for grades 9-12 in single
family detached homes, the project would result in 84 students within the TUSD. The
FSEIR for Tustin Legacy Specific Plan Amendment (Modified Project) determined that
the Modified Project would in the construction of 6,813 total residential units in the
Specific Plan area, resulting in the potential addition of 1,250 students to the TUSD. The
TUSD will receive its statutory school impact fees per Senate Bill 50 from the proposed
residential development of the site. As a condition of approval for the project, the
developer will be required to pay applicable school fees prior to issuance of the building
permit. In summary, no new additional students are anticipated beyond what was
considered in the FEIR/EIS for the Disposal and Reuse of MCAS, Tustin, and in any
event, City required mitigation is limited by State law to requiring payment of the SB 50 j
school impact fees.
Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only
result in a library demand of up to approximately 2,500 square feet of library space. This
relatively small amount of space is well below the library system's general minimum size of
10,000 square feet for a branch library and would not trigger the need for a new facility.
General Implementation Requirements: To support development in the reuse plan area, the
Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent
with demand. The proposed project will be required to comply with FEIS/EIR
implementation measures adopted by the Tustin City Council.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to public services. Specifically, there have not
been: (1) changes to the Project that require major revisions of the previous FEIS/EIR
due to the involvement of new significant environmental effects or a substantial increase
in the severity of previously identified effects; (2) substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions of the
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 20
previous FEIS/EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEISIEIR, the Supplemental or Addendums were certified as completed.
MitigatiorOWonitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEISIEIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4-
56 to 4-80 and 7-21 to 7-22)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.6-1 through
5.6-12)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XIV. RECREATION
a) Would the project increase the use of existing neighborhood and regional
parks or other recreational facilities, such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities, which might have an adverse physical
effect on the environment? .
I
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed project includes common areas such as paseos,
swimming pool area and outdoor barbeque as well as a pedestrian plaza which would be
accessible to the residents of the project and the public as a whole. The proposed
project not only provides recreational to its future community residents. Additionally, the
Reuse Plan process included public conveyance of city parks and an Urban Regional Paris;
as such individual developers were relieved of the requirement to dedicate land for park i
purposes. The project is not anticipated to increase the use of other existing neighborhood
or regional parks such that substantial physical deterioration of the facilities would occur or
be accelerated.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to recreation. Specifically, there have not been. (1) 3
changes to the Project that require major revisions of the previous FEISIEIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; (2) substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions of the
previous FEIS/EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability
of new information of substantial importance relating to significant effects or mitigation
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012,and TTM 18126
Page 21
measures or alternatives that were not known and could not have been known when the
FEISIEIR, the Supplemental or Addendums were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEISIEIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
FEISIEIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56
to 4-80 and 7-21 to 7-22
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin Parks and Recreation Services Department
Tustin General Plan
XV. TRANSPORTATIONITRAFFIC: Would the project:
a) Cause an increase in traffic, which is substantial in relation to the existing
traffic load and capacity of the street system (i.e., result in a substantial
increase in either the number of vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that result in substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g., sharp curves or E
dangerous intersections) or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
The proposed project is for a development of a total of 218 residential condominium
units consisting of 57 three-story detached homes, 101 three-story attached townhomes,
and 60 two and three story attached flats within the residential core of the Tustin Legacy
Specific Plan area. The proposed use is consistent with the approved Specific Plan and
the number of dwelling units proposed is under the maximum development threshold for
Planning Area 15, which contemplates the development of 2,814 dwelling units in total.
The FEISIEIR indicates that transportation and circulation impacts would be created
through the phased development of the approved Reuse Plan and MCAS Tustin Specific
Plan.
The FEISIEIR and Supplements identified the trip generation resulting from implementation
of the original Specific Plan and Addendum to create an overall Average Daily Trip (ADT) of
216,440 trips. The Specific Plan also established a trip budget tracking system for each
neighborhood to analyze and control the amount and intensity of non-residential
development by neighborhood. The tracking system ensures that sufficient ADT capacity
exists to serve the development and remainder of the neighborhood. The proposed project
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 22
would not exceed the trip budget analyzed in the FEIS/EIR and its Supplemental and
Addendums. }}
According to the Tustin Legacy Specific Plan, a maximum of 2,814 residential dwelling f
units are permitted within Planning Area 15 (Neighborhood G) with an established trip
budget of 38,936 ADTs. The proposed project has a total of 218 units with projected 1,614 '
ADTs. Given this comparison, the proposed project is well within the trip budget
established for the project site.
The analysis has shown that the proposed project has not resulted in new significant
impacts that would require mitigation. Moreover, the proposed on-site circulation system is
found to provide adequate capacity in accordance with the performance criteria applied to
the project. The City's Traffic Engineer has analyzed the proposed project and the
associated trip generation and determined that it is within the traffic budget for the project
site.
No substantial change is expected from the analysis previously completed in the approved
FEISIEIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to traffic. Specifically, there have not been: (1)
changes to the Project that require major revisions of the previous FEISIEIR due to the E
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; (2) substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions of the I
previous FEISIEIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability
of new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been Known when the
FEISIEIR, the Supplemental or Addendums were certified as completed.
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Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEISIEIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observation
Submitted Plans
FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.7-1 through
Page 5.7-34)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.7-1 through
5.7-33)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XVI. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board?
b) Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 23
c) Require or result in the construction of new storm water drainage facilities or
expansion of existing facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment provider, which serves
or may serve the project that it has adequate capacity to serve the project's
projected demand in addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations related to solid
waste?
The proposed project is for a development of a total of 218 residential units consisting of
57 three-story detached homes, 101 three-story attached townhomes, and 60 two and
three story attached flats within the residential core of the Tustin Legacy Specific Plan
area. The proposed use is consistent with the approved Specific Plan, The FEIR/EIR
analyzed residential development on the proposed site, which is consistent with the
proposed project. Development of the site would require on-site improvements and off-
site infrastructure improvements to utilities and roadway systems, including payment of
fair share contribution related to the Tustin Legacy Backbone Infrastructure Program
and construction of landscape and irrigation on the public right-of-way Also,
development of the site is required to meet federal, state, and local standards for design
of wastewater treatment. The number of proposed units can be supported by the Irvine
Ranch Water District for domestic water and sewer services.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to utilities and service systems. Specifically, there
have not been: (1) changes to the Project that require major revisions of the previous
FEIS/EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; (2) substantial
changes with respect to the circumstances under which the Project is undertaken that
require major revisions of the previous FEIS/EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; or (3) the availability of new information of substantial importance
relating to significant effects or mitigation measures or alternatives that were not known
and could not have been known when the FEIS/EIR, the Supplemental or Addendums
were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City i
Council in the FEISIEIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
Submitted Plans
FEISIEIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3-
46, 4-32 through 4-55 and 7-20 through 7-21)
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 24
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.8-1 through
5.8-27)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually limited but cumulatively
considerable? ("Cumulatively considerable" means that the incremental
effects of a project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of
probable future projects.)
c) Does the project have environmental effects, which will cause substantial
adverse effects on human beings, either directly or indirectly?
Based upon the foregoing, the proposed project does not have the potential to degrade the
quality of the environment, substantially reduce the habitats or wildlife populations to
decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of
FEISIEIR mitigation and implementation measures approved by the Tustin City Council, the
proposed project does not cause unmitigated environmental effects that will cause
substantial effects on human beings, either directly or indirectly. In addition, the proposed
project does have air quality impacts that are individually limited, but cumulatively
considerable when viewed in connection with the effects of the reuse and redevelopment of
the former MCAS Tustin. The FEISIEIR, the Supplemental and Addendums previously
considered all environmental impacts associated with the implementation of the Reuse
Plan and Tustin Legacy Specific Plan. The project proposes no substantial changes to
environmental issues previously considered with adoption of the FEISIEIR. Mitigation
measures were identified in the FEISIEIR to reduce impact but not to a level of
insignificance. A Statement of Overriding Consideration for the FEISIEIR was adopted by
the Tustin City Council on January 16, 2001,
Mitigation/Monitoring Required: The FEISIEIR previously considered all environmental
impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific
Plan. Mitigation measures have been adopted by the Tustin City Council in the FEISIEIR
and would be included in the project as applicable.
Sources: Field Observations
FEISIEIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
CONCLUSION
The summary concludes that all of the proposed project's effects were previously examined in the
FEISIEIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the
Evaluation of Environmental Impacts
DA 2017-001, DR 2017-012, and TTM 18125
Page 25
severity of previously identified significant effects would occur, that no new mitigation measures
would be required, that no applicable mitigation measures previously not found to be feasible
would in fact be feasible, and that there are no new mitigation measures or alternatives applicable
to the project that would substantially reduce effects of the project that have not been considered I
and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding
Considerations were adopted for the FEISOR on July 5, 21317 and shall apply to the proposed
project, as applicable.
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EXHIBIT B to
Planning Commission Resolution No. 4356
Conditions of Approval
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EXHIBIT B
RESOLUTION NO. 4356
CONDITIONS OF APPROVAL
DEVELOPMENT AGREEMENT 2017-001, TENTATIVE TRACT MAP 18125
AND DESIGN REVIEW 2017-012
GENERAL
(1) 1.1 The proposed project shall be in compliance with the Tustin Legacy
Specific Plan, Tustin City Code, and City of Tustin Guidelines and
Standards and conform with submitted plans for the project date stamped
December 19, 2017 on file with the Community Development Department,
except as herein modified, or as modified by the Director of Community
Development in accordance with this Exhibit. The Director of Community
Development may also approve minor modifications to plans during plan
check if such modifications are consistent with the provisions of the Tustin
City Code, and other applicable codes.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified or prior to the issuance of any building permits
for the project, subject to review and approval by the Community
Development Department.
(1) 1.3 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twenty-four (24) months. All time extensions may be considered by
the Community Development Director if a written request is received within
thirty (30) days prior to expiration date.
(1) 1.4 Approval of project is contingent upon the applicant returning to the
Community Development Department a notarized "Agreement -to
Conditions Imposed" form and the property owner signing and recording
with the County Clerk-Recorder a notarized "Notice of Discretionary Permit
Approval and Conditions of Approval" form. The forms shall be established
by the Director of Community Development, and evidence of recordation
shall be provided to the Community Development Department. i
(1) 1.5 The applicant shall comply with executed Development Agreement (DA)
2017-001 and associated Disposition and Development Agreement (DDA).
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SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit B
Resolution No. 4356
Page 2
*** 1.6 This approval shall become null and void if the Disposition and 1
Development Agreement for Disposition Parcel 6B is not approved and 1
executed.
*** 1.7 Project entitlement shall not be effective until the associated DDA is
adopted.
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FINAL TRACT MAP
3
(1) 2.1 Preparation and recordation of a final subdivision map shall be required.
(1), 2.2 Final Maps shall be based on a field survey in conformity with the
(5) Professional Land Surveyor's Act. The survey of the land to be
subdivided shall be made by a registered civil engineer authorized to
practice land surveying or licensed land surveyor. All monuments,
property lines, centerlines of streets, alleys and easements adjoining or
within the subdivision shall be tied into the survey. The allowable error of
closure on any portion of the final map shall not exceed 1110,000 for
field closures and 1120,000 for calculated closures.
At the time of making the survey for the final map, the engineer or
surveyor shall set sufficient durable monuments to conform with the
standards described in Section 8771 of the Business and Professions
Code so that another engineer or surveyor may readily retrace the
survey. At least one (1) exterior boundary line shall be monumented
prior to recording the final map.
(5) 2.3 The applicant shall satisfy dedication and/or reservation requirements as
applicable, including, but not limited to, dedication in Fee Title of all
required street rights-of-way; dedication of all required flood control
right-of-way easements; and dedication of vehicular access rights,
pedestrian access rights, sewer easements, and water easements
defined and approved as to specific locations by the City Engineer.
Dedications and easements shall be provided at no cost to the City,
subject to review and approval by the Community Development Director
and City Engineer.
(1), 2.4 Prior to recordation of the final map, the applicant is required to execute
(5) a subdivision and monumentation agreement and furnish improvement
and monumentation bonds, all on forms acceptable to the City. s
(1) 2.5 Prior to recordation of the final map, the applicant shall submit an 8 '/2" x
11" street address map exhibit including the site plan, footprint of i
building(s), and streets to the Public Works Department for review and '
approval. Prior to recordation of the final map, the applicant shall submit
an 8 1/2" x 11" utility meter address map exhibit including site plan,
Exhibit B
Resolution No. 4356
Page 3
footprint of building(s), meter locations and streets to the Public Works
Department for review and approval. The exhibits shall be in Portable
Document Format (PDF).
(1) 2.6 Within twenty-four (24) months from tentative map approval, the
subdivider shall record with appropriate agencies, a final map prepared
in accordance with subdivision requirements of the Tustin Legacy
Specific Plan, Tustin Municipal Code, the State Subdivision Map Act,
and applicable conditions contained herein unless an extension is
granted pursuant to the State Subdivision Map Act and the Tustin
Municipal Code. The Final Map shall be submitted at least ninety (90)
days prior to the expiration of the Tentative Map for review, processing,
and recording prior to the expiration of the Tentative Map. All conditions of
approval herein, as applicable, shall be satisfied prior to recordation of a
final map or as specified herein.
(1) 2.7 At the time of final map submittal, the applicant shall also submit two (2)
copies of an up-to-date title report generated within thirty (30) days of
submittal.
(1), 2.9 The developer shall comply with all applicable mitigation measures
(5) identified in the certified FEIS/EIR, and other agreements with the City of
Tustin unless otherwise modified by this Resolution.
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(1), 2.10 The developer shall not oppose any future creation of a landscape and
(5) lighting district for maintenance within the public right-of-way or of public
parkland, or community facilities district for funding of Tustin Legacy
backbone infrastructure or municipal service provision to the project site,
or a future community facilities district for school purposes.
BUILDING PLAN SUBMITTAL
(1), 3.1 At the time of building permit application, the plans shall comply with the
(3) latest edition of the California Residential Code, California Building
Code, California Mechanical Code, California Electrical Code, California i
Plumbing Code, California Green Code, California Energy Code, City
Ordinances, State, Federal laws, and regulations as adopted by the City
Council of the City of Tustin.
(1), 3.2 All private on-site design and construction of improvement work shall be
(5) designed and performed in accordance with the applicable portions of
the City of Tustin's "Grading Manual' and "Construction Standards for
Private Streets, Storm Drain and On-Site Private Improvements," except
as otherwise approved by the Building Official. Said pians shall include,
but not be limited to, the following:
Exhibit B
Resolution No. 4356
Page 4
a. Curbs and gutters on all streets;
b. Sidewalks on all streets, including curb ramps for the physically
disabled; all sidewalks, pathways, paseos, and trails shall comply
with the provisions of the American with Disabilities Act;
c. Drive aprons;
d. Signing/striping plan;
e. Street lighting;
f. Street and drive aisle paving; all private streets, drive aisles, and
curb return radius shall be consistent with the City's design
standards for private street improvements, unless otherwise
approved by the Building Official, and all roadway and driveway
widths and parking area widths (and lengths where appropriate)
shall be dimensioned on the plans;
g. Catch basin/storm drain laterals/connections to the public storm
drain system with approval of the City of Tustin;
h. Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. Improvement plans
shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and
reliability of the water system design and the distribution of fire
hydrants will be evaluated. The water distribution system and
appurtenances shall also conform to the applicable laws and
adopted regulations enforced by the Orange County Health
Department. Any required reclaimed water system shall meet the
standards as required by the Irvine Ranch Water District (IRWD);
i. Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official and IRWD. These
facilities shall be consistent with the standards of the Irvine Ranch
Water District;
j. Underground utility connections: All utility lines shall be placed
underground by the developer;
k. Fire hydrants;
I. Telecommunications facilities including, but not limited to,
telephone and cable television facilities. Developer is required to
Exhibit B
Resolution No. 4356
Page 5
coordinate design and construction of cable television facilities
with a City-franchised system operator and shall not place an
undue burden upon said operator for the provision of these
facilities.
m. The applicant shall be responsible for connection of the project to
new backbone utility systems. The applicant shall provide
applicable easements for any new utilities on private property.
* � 3.3 Private streets design may deviate from Street Improvement Standard
No. B102 if approved by the Building Official and shown on the
approved project plans.
(1), 3.4 The applicant shall provide accessible routes, per CBC 2016 chapter
(3) 11 B- 206, at site arrival points and within the site.
(3) 3.5 Maximum area of exterior wall openings shall be based on CBC table
705.8 based on fire separation distance.
(3) 3.6 New construction shall comply with California Green Building, sections
4.206.4.1 and 4.106.4.2 to facilitate future installation and use of EV
chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed
in accordance with California Electrical Code, Article 625. For each
dwelling unit install a listed raceway to accommodate a 2081240 V
branch circuit. In addition, 3 percent of the total guest parking spaces
but not less than one shall be EV spaces capable of supporting future
EVSE.
(3) 3.7 The buildings shall comply with California Energy Code, section 110.10,
Mandatory Requirements for Solar Ready Buildings.
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(5) 3.8 Construction of the community recreation area and associated facilities
shall be completed as part of the Initial Phase.
(1), 3.9 Prior to the issuance of building permits, the applicant shall submit for
(5) review and approval a photometric lighting plan showing compliance
with the Tustin Security Code, which is:
a. A maintained minimum one (1) foot-candle of light on the private
drives and parking surfaces.
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b. A maintained minimum of one-quarter (0.25) foot-candle of light
on the walking surfaces.
"*� 3.10 The lighting plan shall be overlaid onto a tree plan.
Exhibit B
Resolution No. 4356
Page 6
(1), 3.11 At plancheck submittal, the applicant shall show that the project is in
(5) compliance with TCC Section 8104(r) regarding "Emergency responder
radio coverage," as amended in Ordinance No, 1475. Prior to issuance
of the Certificate of Occupancy, the applicant/developer shall provide
evidence that the project is in compliance with TCC Section 8104(r), as
amended.
(1), 3.12 At plan check submittal, a complete hydrology study and hydraulic
(5) calculations shall be submitted to the City for review and approval.
(1), 3.13 The applicant shall provide a Geotechnical Report_, Pavement Analysis,
(5) and Design Report for all required Tustin Legacy Backbone
Infrastructure, Local Infrastructure and Private Infrastructure
improvements required in the Tentative Tract Map.
DESIGN AND ARCHITECTURE
(4) 4.1 At building plan check, building elevations visible from Moffett Drive,
Park Avenue, Tustin Ranch Road and Victory Road shall have
enhanced elevation in terms of color and material, architectural
articulation and architectural projections, etc. to the satisfaction of the
Community Development Department.
(1) 4.2 All exterior colors, textures and materials shall be consistent with the
approved Design Review. Specifications on colors, materials, and i
textures shall be noted in construction plans and subject to review and
approval by the Community Development Department.
*** 4.3 Final material samples and colors shall be provided at plan check
submittal.
(1), 4.4 All mechanical and electrical fixtures and equipment, including roof-top
(4) equipment, shall be adequately and decoratively screened. The screen
shall be included as an element of the overall design of the project and i
blend with architectural design of the building. All telephone and
electrical boxes shall be identified on the construction plans. Electrical
transformers shall be located toward the interior of the project to
minimize visual impacts and screened by adequate landscaping or other
effective screening devices.
(1) 4.5 Walls along the private open space for the single family detached units,
when located within the required building setback adjacent to Moffett
Avenue, Park Avenue and Victory Road, shall be maximum height of
three (3) feet as measured from the private open space area.
(4) 4.6 No roof drains and downspouts shall be visible from the public streets.
Exhibit B
Resolution No. 4356
Page 7
** 4.7 The applicant shall submit a master sign plan for City review and
approval. The master sign plan shall incorporate a design theme
compatible with the building architecture and Tustin Legacy branding,
and include directional and wayfinding signs.
(1), 4.8 Signage monumentation identifying the residential community tract shall
(5) include the words "At Tustin Legacy" for continuity of the Tustin Legacy j
branding.
(1) 4.9 Signage shall be installed under separate permit and approval.
LANDSCAPE/HARDSCAPE
(6) 5.1 At plan check, the applicant shall provide complete detailed landscaping
and irrigation plans for all landscaping areas, including the model
complex, consistent with adopted City of Tustin Landscaping
requirements. The plans shall include the following:
a. Include a summary table identifying plan materials. The plant table
shall list botanical and common names, sizes, spacing, location,
and quantity of the plant materials proposed.
b. Show planting and berming details, soil preparation, staking, etc, 1.
The irrigation plan shall show location and control of backflow
prevention devices, pipe size, sprinkler type, spacing, and
coverage. Details for all equipment must be provided.
c. Show all property lines on the landscaping and irrigation plans,
public right-of-way areas, sidewalk widths, parkway areas, and wall
locations.
d. Shrubs should be a minimum of five (5) gallon size and be placed a
maximum of five (5) feet on center, Other sizes and spacing may
be permitted subject to approval of the Community Development
Department.
e. Ground cover shall be planted eight (8) to twelve (12) inches on
center, or as approved by the Community Development
Department.
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f. Equipment areas shall be screened with walls, vines, and/or trees,
subject to review and approval of the Community Development
Department.
Exhibit B
Resolution No. 4356
Page 8
g. Landscape along Streets A and B, adjacent to the single family
detached units, shall be designed to have layers in vegetation
height to effectively screen the 6-feet high privacy walls.
h. On-site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments. Interior wall/fences
shall be made of durable materials subject to review and approval
of the Community Development Department.
(1) 6.2 The Community Development Department may request minor
substitutions of plant materials or request additional sizing or quantity of
materials during plan check.
(5) 6.3 The landscape plans shall note that coverage of landscaping and
irrigation materials is subject to inspection at project completion by the
Community Development Department.
(4) 6.4 Landscape layering of varying heights shall be provided in front of the
proposed 6-feet high composite wood entry walls for the Single-Family
Detached cluster homes along the entry streets, subject to the review
and approval of the Community Development Department.
(1), 6.5 Turf is unacceptable for grades over 25 percent. A combination of
(6) planting materials shall be used. On large areas, ground cover alone is
not acceptable.
(1), 6.6 All plant materials shall be installed in a healthy vigorous condition
(6) typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, weeding,
removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.
(1) 6.7 Landscape adjacent to the right-of-way shall be in compliance with the
requirements of Tustin Legacy Specific Plan.
(6) 6.8 Trees in the landscape setbacks adjacent to public rights-of-way shall be
provided in a variety of sizes to ensure initial maturity along project
perimeter.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
(5) 7.1 Prior to OCFA clearance of a final map, the applicant shall:
a. Submit a Fire Master Plan for OCFA review and approval. (Service
Code PR145)
Exhibit B
Resolution No. 4356
Page 9
b. Submit, for OCFA review and approval, the Final Tract Map after
approval of the Fire Master Plan. (Service Code PR115)
(5) 7.2 Prior to issuance of a building permit, the applicant shall obtain OCFA
approval for underground piping for private hydrants. (Service Code
PR470-PR475i)
(5) 7.3 Prior to concealing interior construction, the applicant shall obtain OCFA
approval for the fire sprinkler system. (Service Code PR430-PR455)
(5) 7.4 Prior to issuance of temporary or final certificate of occupancy, all OCFA
inspections shall be completed to the satisfaction of the OCFA inspector
and be in substantial compliance with codes and standards applicable to Ei
the project and commensurate with the type of occupancy (temporary or
final) requested. Inspections shall be scheduled at least five days in
advance by calling OCFA Inspection Scheduling at (714) 573-6150.
(5) 7.6 After installation of required fire access roadways and hydrants, the
applicant shall request and receive clearance from the OCFA prior to
bringing combustible building materials on-site. Call OCFA Inspection
Scheduling at (714) 573-6150 with the Service Request number of the
approved fire master plan at least five (5) days in advance to schedule
the lumber drop inspection.
USE RESTRICTIONS
8.1 The project shall include 218 units, including 57 single family detached;
60 motorcourt flats; 101 row and court townhome units; and a
community facility park that is privately owned but accessible to the
public except the fenced area as depicted in the approved site plan.
8.2 Power receptacles shall be provided at the community facility including
the swimming pool and barbeque areas.
(4), 8.3 All parking spaces within the project site shall be maintained as shown
*** on the approved "Site Plan". Any changes to the number, location, or
size of parking spaces shall be reviewed and approved by the Director
of Community Development.
**� 8.4 There shall be a minimum twelve (12) unassigned surface parking i
spaces within the development to satisfy parking requirements for the
twelve (12) townhome units designed with tandem garage spaces.
These unassigned surface parking spaces shall be permanently
maintained at the development site,
Exhibit B
Resolution No. 4356
Page 10
"** 8.5 Individual trash bin service may be provided on the site. Trash bins shall
be placed only in the locations identified on the approved "Trash Pick-up
Plan" after 7:00 a.m. on the regularly scheduled trash collection day and
shall be removed by 7:00 p,m. on the same day.
(1) 8.6 Any outdoor storage during grading or building stages shall be approved
by the Community Development Director,
(1) 8.7 Unless otherwise agreed by the City in its sole discretion, the property
within the tract or any street or sidewalk or drive (alleyway) thereon shall
not be privately gated; provided however, that any swimming pool and/or
spa facility within the community facility area and any private indoor
common area improvement, including any clubhouse and bathrooms,
may be gated or locked and made available solely to residents of the
Project and their guests.
(5) 8.8 Design and construction of all on-site and off-site developer required
public infrastructure and in-tract private streets and utility systems shall
be constructed within the initial phase of development in accordance
with the approved Phasing Plan, Model units may be constructed prior
to completion of infrastructure if adequate ingress and egress is
provided to the satisfaction of the Building Official and Orange County
Fire Authority.
NOISE
(1) 9.1 At plan check, an updated noise analysis shall be provided to ensure
compliance with the Tustin Noise standards.
*** 9.2 In accordance with the noise analysis, all units shall be constructed with
appropriate sound attenuation to achieve the minimum noise level
standards pursuant to the City's Noise standards. Prior to issuance of
Certificate of Occupancy, the units shall by analyzed and certified for
compliance with the City's Noise standards.
WATER QUALITY MANAGEMENT PLAN
(1), 10.1 This development shall comply with all applicable provisions of the City
(5) of Tustin Water Quality Ordinance and all Federal, State and Regional
Water Quality Control Board rules and regulations.
(1) 10.2 Prior to issuance of any permits, the applicant shall submit for approval
by the Community Development and Public Works Departments, a
Water Quality Management Plan (WQMP). The Priority WQMP shall
identify: the implementation of Best Management Practices (BMPs), the
assignment of long-term maintenance responsibilities (specifying the
Exhibit B
Resolution No. 4356
Page 11
developer, parcel owner, maintenance association, lessees, etc.), and
reference to the location(s) of structural BMPs.
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(1) 10.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of
$2,700.00 to the Public Works Department for the estimated cost of
reviewing the WQMP.
(1) 10.4 Prior to issuance of any permits, the applicant shall record a "Covenant
and Agreement Regarding Operation and Maintenance (O & M) Plan to
Fund and Maintain Water Quality BMPs, Consent to Inspect and
Indemnification". This document shall bind current and future owner(s)
of the property regarding implementation and maintenance of the
structural and non-structural BMPs as specified in the approved WQMP.
(1) 10.5 Prior to issuance of a Grading Permit, the applicant shall submit a copy
of the Notice of Intent (NOI) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES)
State General Permit for Storm Water Discharges Associated with
Construction Activity from the State Water Resources Control Board.
PUBLIC BENEFIT
11.1 The developer shall construct a community facility, comprised of a 0.58-
acre community facility and related amenities, to which public access will
be provided, subject to rules and regulations to be approved by City, i
which shall be completed prior to the date set forth for Completion of the
Park Facilities in the Schedule of Performance. Developer shall show
easements on Tract Map 18125 for public access purposes over the
paseos, portions of Lot 8 (community facility), Lot A (plaza and possible
pedestrian bridge), and other pedestrian paths as shown/required in
Development Agreement 2017-001.
*** 11.2 The developer shall construct minimum 4-feet wide pedestrian walkways
in areas designated with public access easements throughout the
project site.
*** 11.3 The developer shall accommodate and coordinate with the City in the
design and construction of a possible pedestrian bridge at the
intersection of Moffett Drive and Tustin Ranch Road, in accordance with
Development Agreement 2017-001.
11.4 Developer shall dedicate easements on Tract Map 18125 for emergency
vehicle access and public services ingress and egress purposes over
the private streets and driveways.
Exhibit B
Resolution No. 4356
Page 12
*** 11.5 Developer shall dedicate easements on Tract Map 18125 for vehicular
and pedestrian ingress and egress purposes over Lot B (private streets).
*** 11.6 The applicant shall dedicate public access and maintenance easements
to the City of Tustin for sidewalk along Tustin Ranch Road, Moffett
Drive, Park Avenue, and Victory Road, at no cost to the City.
PUBLIC STREET IMPROVEMENTS
(1) 12.1 The proposed landscaping plant material along Victory Road, Park
Avenue, Moffett Avenue, and Tustin Ranch Road shall be consistent
with the Tustin Legacy Backbone Street Plant Palette, or as approved by
the Community Development Director and/or the City Engineer.
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(1) 12.2 Existing sewer, domestic water, reclaimed water and storm drain service
laterals shall be utilized.
(1) 12.3 Any damage done to existing public street improvements and/or utilities E
shall be repaired to the satisfaction of the City Engineer before issuance
of a Certificate of Occupancy for the development phase.
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(5) 12.4 The developer shall design and construct parkway landscape and
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irrigation system adjacent to the project along Tustin Ranch Road,
Victory Road, Park Avenue and Moffett Drive. Prior to approval of the
Final Map, the applicant shall submit 24" x 36" parkway landscape and
irrigation system plans with signed and stamped engineer's estimate to
the Public Works Department for the review. The final design shall be
completed prior to issuance of first the building permit and construction
of the parkway landscape and irrigation system shall be completed prior
to issuance of the first occupancy for the phase adjacent to the parkway.
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(5) 12.5 The applicant shall design and construct all necessary modifications to
Victory Road and Moffett Drive to accommodate the new project
entrances. Prior to approval of the Final Map, the applicant shall submit
to the Public Works Department 24" x 36" street improvement plans and
signed & stamped engineer's estimate, as prepared by a California
Registered Civil Engineer for review. The final design shall be completed
prior to issuance of first building permit and construction of the street
improvements shall be completed prior to issuance of the first
occupancy
(1) 12.6 Prior to any work in the public right-of-way, an Encroachment Permit
shall be obtained from and applicable fees paid to the Public Works i
Department.
Exhibit B
Resolution No, 4356
Page 13
(1) 12.7 Prior to issuance of an Encroachment Permit for construction within the
public right-of-way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval.
(6) 12.8 Developer shall enter into a Landscape Installation and Maintenance
Agreement with the City of Tustin for the construction, maintenance,
repair, and replacement of the landscaping described in the Developer
Agreement for the maintenance of parkway improvements within public
rights-of-way adjacent to the project along Victory Road, Park Avenue,
Moffett Drive and Tustin Ranch Road.
(1) 12.9 CADD Requirements - In addition to the normal full-size map and plan
submittal, all final maps and plans including, but not limited to, tract
maps, parcel maps, right-of-way maps, records of survey, public works
improvements, private infrastructure improvements, final grading plans,
and site plans shall be submitted to the Public Works Department in
computer aided design and drafting (CADD) format to the satisfaction of
the City Engineer.
The standard file format is AutoCAD Release 2009, or latest version,
having the extension "DWG". All layering and linetype conventions are
AutoCAD-based (latest version available upon request from the Public
Works Department). The CADD files shall be submitted to the City at
the time plans are approved, and updated CADD files reflecting "as built"
conditions shall be submitted once all construction has been completed.
No project bonds will be released until acceptable "as built" CADD files
have been submitted to the City.
ENVIRONMENTAL
(1), 13.1 All mitigation measures related to the project that are required by the
(6) Mitigation Monitoring Program for the Tustin Legacy Specific Plan (MCAS
Tustin) area, identified in this exhibit and in other related project
entitlements, shall be implemented. Additional measures related to
development of this project as noted in the adopted EIS/EIR and are not
previously identified in this exhibit as a condition of approval are required
as follows:
a. Prior to issuance of any permits, the developer shall retain a
County-certified archaeologist. If buried resources are found during
grading within the reuse plan area, a qualified archaeologist would
need to assess the site significance and perform the appropriate
mitigation. The Native American viewpoint shall be considered
during this process. This could include testing or data recovery.
Exhibit 8
Resolution No. 4356
Page 14
Native American consultation shall also be initiated during this
process.
b. The developer shall comply with the requirements established in a
Palentological Resource Management Plan (PRMP) prepared for
the site, which details the methods to be used for surveillance of
construction grading, assessing finds, and actions to be taken in
the event that unique paleontological resources are found.
c. Prior to the issuance of any permit, the applicant shall provide
written evidence to the Community Development Department that a
County-certified paleontologist has been retained to conduct
salvage excavation of unique paleontological resources if they are
found.
d. Prior to issuance of any permit, the developer shall provide traffic
operations and control plans that would minimize the traffic impacts
of proposed construction activity. The plans shall address roadway
and lane closures, truck hours and routes, and notification
procedures for planned short-term or interim changes in traffic
patterns. Such plans shall minimize anticipated delays at major
intersections. Prior to approval, the City of Tustin shall review the
proposed traffic control and operations plans with any affected
jurisdiction.
e. The applicant shall comply with all City policies regarding short-
term construction emissions, including periodic watering of the site
and prohibiting grading during second stage smog alerts and when
wind velocities exceed fifteen (15) miles per hour.
f. The developer shall coordinate with the Tustin Police Department
to ensure adequate security provisions are implemented.
g. Prior to the issuance of permits for any public improvements or
development project, a development applicant shall submit to the
City of Tustin information from IRWD which outlines required
facilities necessary to provide adequate potable water and
reclaimed water service to the development.
h. Prior to the issuance of permits for any public improvements or
development project, a development applicant shall submit to the
City of Tustin and City of Irvine, as applicable, information from
IRWD or the City of Tustin which outlines required facilities
necessary to provide adequate sanitary sewage service to the
development.
Exhibit B
Resolution No. 4356
Page 15
COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES
(5) 14.1 Developer shall obtain permission from and coordinate with affected
property owners, jurisdictions, and resource agencies for all public and
private improvements.
(5) 14.3 The applicant shall coordinate the design and construction of all utilities
with the utility providers and the City.
*** 14.4 At plan check submittal, the developer shall coordinate with the Tustin
Police Department to ensure that adequate security precautions such as
visibility, lighting, emergency access, and address signage are
implemented. Prior to the issuance of building permits, the applicant
shall submit to the police department for review and approval, a
wayfinding plan for the project site.
SOLID WASTE RECYCLING
(1) 15.1 Construction and Demolition Waste Recycling and Reduction Plan
(WRRP)
a. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant
will comply with the City's requirement (City Code Section 4351, et
al) to recycle at least 65 percent of the project waste material or the
amount required by the California Green Building Standards Code.
b. The applicant will be required to submit a $50.00 application fee
and a cash security deposit. All projects shall submit a security
deposit in the amount of 5 percent of the project's valuation as
determined by the Building Official, rounded to the nearest
thousand. The minimum deposit amount shall be $500.00 and the
maximum deposit amount shall be $2,500.00.
(1) 15.2 Facility Solid Waste Collection and Recycling Plan.
a. The applicant, property owner(s), and/or tenant(s) are required to
participate in the City's recycling program.
b. Waste and Recycling collection facilities shall be equally and
readily accessible by the property owner(s) or tenant(s).
c. Waste and Recycling collection facilities must be placed in a i
location that can be easily and safely accessed by the solid waste
hauler while utilizing either front loader or side loading equipment.
Exhibit B
Resolution No. 4356
Page 16
COVENANTS, CONDITIONS, AND RESTRICTIONS
(1), 16.1 All organizational documents for the project including any covenants,
(5) conditions, and restrictions (CC&Rs) shall be submitted to and approved
by the Community Development Department, City Attorney's Office, and
Special Counsel. Costs for such review shall be borne by the subdivider.
The approved CC&Rs shall be recorded with County Recorder's Office
prior to issuance of the first certificate of occupancy. A copy of the final
documents shall be submitted to the Community Development
Department within five (5) days after recordation.
(1), 16.2 No Certificate of Occupancy shall be issued, unless a homeowners
(5) association has been legally formed with the right to assess all these
properties which are jointly owned or benefited to operate and maintain
all other mutually available features of the development including, but not
limited to, open space, amenities, landscaping, or slope maintenance
landscaping, private streets, and utilities. No dwelling unit shall close
escrow unless all approved and required open space, amenities,
landscaping, or other improvements, or approved phases thereof, have
been completed or completion is assured by a development agreement
or financing guarantee method approved by the City. The CC&Rs shall
include, but not be limited to, the following provisions:
a. The City shall be included as a party to the CC&Rs for enforcement
purposes of those CC&R provisions in which the City has interest
as reflected in the following provisions. However, the City shall not
be obligated to enforce the CC&Rs.
b. The requirement that association bylaws be established.
c. Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities,
landscaped areas and lots, walls and fences, private roadways (i.e.,
walks, sidewalks, trails), common recreation facilities, and open
space areas.
d. Membership in the homeowners association shall be inseparable
from ownership in individual units.
e. Architectural controls shall be provided and may include, but not be
limited to, provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the Tustin City Code
and the Tustin Legacy Specific Plan.
Exhibit B
Resolution No, 4356
Page 17
f. Maintenance standards shall be provided for applicable items listed
in Section C above in CC&Rs. Examples of maintenance standards
are shown below,
1. All common area landscaping and private areas visible from any
public way shall be properly maintained such that they are
evenly cut, evenly edged, free of bare or brown spots, debris,
and weeds. All trees and shrubs shall be trimmed so they do
not impede vehicular or pedestrian traffic. Trees shall be
pruned so they do not intrude into neighboring properties and
shall be maintained so they do not have droppings or create
other nuisances to neighboring properties. All trees shall also
be root pruned to eliminate exposed surface roots and damage
to sidewalks, driveways, and structures.
2. All private roadways, sidewalks, and open space areas shall be
maintained so that they are safe for users. Significant
pavement cracks, pavement distress, excessive slab settlement,
abrupt vertical variations, and debris on travel ways should be
removed or repaired promptly.
3. Common areas, private patios, balconies and decks shall be
maintained in such a manner as to avoid the reasonable
determination of a duly authorized official of the City that a E
public nuisance has been created by the absence of adequate
maintenance such as to be detrimental to public health, safety,
or general welfare.
g. Homeowners Association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
h. Private open space areas within the common area shall be
illustrated on a "Private Open Space Exhibit" and shall be made
part of the CC&Rs and shall specify those portions of the common
open space area that are allocated for private use and public use
and access rights in perpetuity.
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i. A site plan showing the public portion of the park site and
associated public easements that will be accessible to the public
and provisions for maintenance of these areas by the Homeowners
Association.
Exhibit B
Resolution No. 4356
Page 18
j. The approved "Parking and Circulation Exhibit" shall be made part
of the CC&Rs and shall be enforced by the homeowners
association. In addition to the exhibit, provisions regarding parking
shall be included in the CC&Rs, including the following:
1. All units are required to maintain a two-car garage.
2. A minimum of forty-six (46) unassigned guest parking spaces
shall be permanently maintained in locations shown on the
"Parking and Circulation Exhibit". A minimum twelve (12)
unassigned surface parking spaces shall be permanently
allocated to the townhome units with tandem garage spaces.
The parallel parking spaces shall have minimum dimensions of
8 feet wide and 22 feet long per stall, with the exception of the
end stalls required to be a minimum 20 feet long. The head-in
(90 degree) parking spaces shall have minimum dimensions of
9 feet wide and 19 feet long.
3. Residents shall not store or park any non-motorized vehicles,
trailers or motorized vehicles that exceed 7 feet high, 7 feet
wide, and 19 feet long in any parking space, driveway, or private
street area except for the purpose of loading, unloading, making
deliveries or emergency repairs except that the homeowners
association may adopt rules and regulations to authorize
exceptions.
4. Residents shall park vehicles in garage spaces. Storage of
personal items may occur in the garages only to the extent that
vehicles may still be parked within the required garage spaces.
5. The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic regulations on
private streets. The proposed CC&Rs shall include provisions
requiring the association to develop and adopt an enforcement
program for parking and traffic regulations within the
development which may include measures for fire access and
enforcement by a private security company.
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k. Provisions for enforcing individual trash bin placement at
designated curb areas as shown on the approved "Trash Pick-up j
Plan" no earlier than 7:00 a.m, on the day regularly scheduled
collection day and removed by 7:00 p.m. on the same day.
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I. Maintenance of lettered and numbered Lots containing all common
areas, public and private park areas, streets, alleys, paseos, etc.,
shall be by the homeowners association.
Exhibit B
Resolution No. 4356
Page 19
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m. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
n. All utility services serving the site shall be installed and maintained
underground.
o. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association Board and, where applicable, a manager
of the project before January 1st of each year with the City of Tustin
Community Development Department for the purpose of contacting
the association in the case of emergency or in those cases where
the City has an interest in CC&R violations.
p. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
q. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common
areas and the project perimeter wall or other CC&R provisions in
which the City has an interest, as noted above, or to alter, modify, i
terminate, or change the City's right to enforce maintenance of the
common areas and maintenance of the project perimeter wall, shall
be permitted without the prior written approval of the City of Tustin
Community Development Department.
HOMEBUYER NOTIFICATION
(5) 17.1 Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer
prior to final inspection and/or occupancy, and a copy of the signed
notification shall be provided to the Community Development Department
prior to final inspection and/or issuance of each Certificate of Occupancy.
a. A notice for roadway, trail, and train noise that may impact the
subdivision, including roadway noise associated with Moffett Drive,
Park Avenue, Victory Road and Tustin Ranch Road. The notice
shall indicate that additional building upgrades may be necessary
for noise attenuation. This determination is to be made as
architectural drawings become available and/or where field-testing
determines inadequate noise insulation.
Exhibit B
Resolution No, 4356
Page 20
b. A notice, to be reviewed by the City of Tustin and the Tustin Unified
School District, regarding the location of existing and proposed
elementary, middle, and high schools which will serve the
subdivision (text and map) and advice to homebuyers that
proposed school sites may never be constructed.
c. A notice regarding units that are adjacent to aboveground utilities or
structures (such as light standards, fire hydrants, transformers,
pedestrian bridge) identifying the type of structure and their
locations.
d. A notice indicating that any use of a residence for a business shall
be subject to the City's Home Occupation Ordinance and may
require zoning clearance and a business license.
e. A notice indicating that public use of portions of the community
facility will be allowed and noting public ingress and egress through
the subdivision will be provided for access to the community facility.
f. A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered lots and indicating all
on-site streets, drives, paseos, and common areas are to be
maintained by the homeowners association.
g. A notice, to be approved by the City Attorney, indicating that neither
the site, nor the project nor any part thereof any street or sidewalk,
alleyway, or paseo thereon shall be privately gated, provided
however that any swimming pool and/or spa facility within the
private common area and any private indoor common area
improvements, including any clubhouse and bathrooms, may be
gated or locked and made available solely to residents of the
project and their guests.
h. A notice stating trash bins shall be placed in designated curb areas
as shown on the approved "Trash Pick-up Plan" after 7:00 a.m. on
the regularly scheduled trash collection day and shall be removed
by 7:00 p.m. on the same day.
s
i. A notice indicating that surrounding properties may be developed in
accordance with City ordinances in a manner which may partially or
totally obstruct views from the owner's unit and that the City of
Tustin makes no claim, warranty, or guarantee that views from any
unit will be preserved as development of surrounding properties
occurs.
Exhibit B
Resolution No. 4356
Page 21
j. A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, fences and walls, etc. may
not be allowed.
k. A notice explaining and providing a copy of the approved "Parking
Plan" and related CC&R provisions.
E. A notice explaining the phasing of construction within the
subdivision and that activity may be disruptive.
m. The developer shall notify all homebuyers that future
Assessment/Maintenance Districts may affect the property.
n. A notice stating that walls along the private open space for the j
single family detached units shall be maximum three (3) feet all
along the perimeter streets of Moffett Avenue, Park Avenue and
Victory Road.
o. A notice stating that a pedestrian bridge along with its ramp,
elevator and/or stairs, may be constructed by the City at the
intersection of Tustin Ranch Road and Moffett Drive.
p. A notice stating that common area landscaping installation and
maintenance is an ongoing effort and that multiple factors may
influence the appearance and perceived health of the plants. {
q. A notice stating the location and operation of a waste/recycling
facility within the vicinity, in the adjacent City of Irvine, and odors
may e perceptible.
tible.
(5) 17.2 For residential units that are not sold at the time the Certificate of 1
Occupancy is issued, the developer shall submit to the City a copy of the
signed homebuyer notification within ten (10) business days of the
homebuyer having signed the document.
FEES
(1) 18.1 Within forty-eight (48) hours of final approval of the project, the applicant
shall deliver to the Community Development Department, a CASHIER'S
CHECK payable to the County Clerk in the amount of fifty dollars
($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period
that applicant has not delivered to the Community Development
Department the above-noted check, the statute of limitations for any
interested party to challenge the environmental determination under the
Exhibit B
Resolution No. 4356
Page 22
provisions of the California Environmental Quality Act could be
significantly lengthened,
(1), 18.2 Prior to issuance of each permit, payment shall be made of all applicable
(5) fees, including but not limited to, the following,
a. Building plan check and permit fees to the Community Development
Department.
b. Engineering plan check and permit fees to the Public Works
Department.
c. Orange County Fire Authority plan check and inspection fees to the
Community Development Department.
d. Prior to issuance of a Building Permit(s), payment of the most
current Major Thoroughfare and Bridge Fees (for the
Foothill/Eastern Transportation Corridor Agency (TCA)) to the City
of Tustin (through the Public Works Department) shall be required.
The fee rate schedule automatically increases on July 1" of each
year.
e. Water and sewer connection fees to the Irvine Ranch Water
District.
f. Transportation System Improvement Program (TSIP), Benefit Area
"B" fees in the amount of $3.31 per square foot or the most recent
rate of new or added gross square floor area of construction or
improvements to the Community Development Department.
g. New development tax fee in the amount of$350,00 per unit.
h. School facilities fee in the amount as required by Tustin Unified
School District.
i. Other applicable Tustin Legacy Backbone Infrastructure Program
fees.
Payment shall be required based upon the most current rates in effect at
the time of payment and/or permit issuance and are subject to change.