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HomeMy WebLinkAbout01 TT MAP 16695 08-02-04AGENDA REPORT MEETING DATE: AUGUST 2, 2004 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item Reviewed: City Manager Finance Director 7KN/A SUBJECT: VESTING TENTATIVE TRACT MAP 16695 (VESTAR DEVELOPMENT) SUMMARY Applicant: Vestar Development/Kimco Tustin, L.P. Property Owner: City of Tustin/Department of the Navy RECOMMENDATION Adopt Resolution No. 04-73 finding that Vesting Tentative Tract Map 16695 is within the scope of the MCAS Tustin Reuse Plan/Specific Plan Final Environmental Impact Statement/Environmental Impact Report that was certified by the Tustin City Council on January 16, 2001; and, 2. Adopt Resolution No. 04-74 approving Vesting Tentative Tract Map 16695 for the subdivision of a 111.77 (gross) acre site into twenty-nine (29) numbered lots and fifteen (15) lettered lots for the purpose of developing 1,006,100 square feet of commercial uses within Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan as approved by Concept Plan 04-001, Design Review 04-010, Conditional Use Permit 04-015, and Variance 04-002. FISCAL IMPACT The applicant has paid fees for the processing of all entitlement applications, including Vesting Tentative Tract Map 16695. BACKGROUND The project is located on a portion of 1,000 acres that have been conveyed by deed from the Department of the Navy to the City of Tustin and approximately 153 acres conveyed by lease to the City of Tustin for redevelopment of the former Marine Corps Air Station (MCAS) (Attachment A — Location Map). On February 3, 2003, the MCAS Tustin Specific plan was adopted and the MCAS Tustin FEIS/EIR was certified January 16, 2001. August 2, 2004 City Council Report to William Huston Vesting Tentative Tract Map 16695 Page 2 of 5 The proposed project includes 1,006,100 square feet of commercial development known as "The District at Tustin Legacy" to be located on approximately 111.77 gross acres within Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan. The project will be bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the existing Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east. The project will include a megaplex theatre complex (containing a minimum of 14 screens and 3,000 seats), specialty retail uses, restaurants, and both "big box' and "lifestyle" components. On July 19, 2004, the City Council approved Disposition and Development Agreement 04-02 for the sale and development of the first commercial retail site at Tustin Legacy. On July 26, 2004, the Planning Commission recommended approval of Vesting Tentative Tract Map 16695 and approved the following entitlements for the development; Attachment B includes the approved set of plans: Concept Plan 04-001: Ensures the integrity and intent of the Specific Plan for the Neighborhood/Planning Area. Design Review 04-010: Approved site and building design. Conditional Use Permit 04-015: Approved two (2) drive-through restaurants, a movie theater, a fueling station, master sign program, and reduction of off-street parking requirements. Variance 04-002: Approved a fifteen (15) foot reduction of the minimum building setback from Barranca Parkway and a ten (10) foot increase in the maximum building height for the movie theater building. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News. In addition, property owners within 300 feet of the site and affected agencies were notified of the hearing by mail and notices were posted on the site and at City Hall on July 1, 2004. Although the item was scheduled to be considered on July 19, 2004, the applicant requested a continuance to allow additional time to review the recommended conditions of approval and discuss any concerns they had with staff, therefore, the City Council continued the item until August 2, 2004. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION The Planning Commission's approval permits the construction of 1,006,100 square feet of commercial development. The proposed Vesting Tentative Tract Map 16695 is necessary to accommodate the approved development by addressing subdivision of the existing properties, infrastructure, utilities, and drainage. The project site would be subdivided into twenty-nine (29) numbered lots and fifteen (15) lettered (Attachment C — August 2, 2004 City Council Report to William Huston Vesting Tentative Tract Map 16695 Page 3 of 5 Vesting Tentative Tract Map 16695 and Grading Plans). The tract would include the following lots: ■ Lots 1 through 3 will accommodate 46,494 square feet of "mid -major" sized retail users; " ■ Lot 4 will accommodate a 250,900 square feet "lifestyle core" retail and entertainment component including a fourteen (14) screen movie theater, retail, and restaurant tenants; ■ Lots 5 through 11 and 19 will accommodate eight (8) free-standing retail and restaurant tenants ranging from 3,220 to 11,000 square feet in size; ■ Lot 12 will accommodate 205,000 square feet of "mid -major" sized retail users; ■ Lots 13 through 15 will accommodate an automated fueling station for Costco Wholesale to be located directly to the north across South Loop Road; ■ Lots 16 and 17 will accommodate two (2) attached retail/restaurant tenants totaling 12,000 square feet in size; ■ Lots 18 and 20 through 29 will accommodate 426,000 square feet of "big box" retail commercial users; and, ■ Lots A through O will accommodate right-of-way improvements. New off-site and on-site backbone utility systems will be required for development of the site as necessary to support the proposed commercial development, including water, sewer, drainage, electricity, natural gas, telephone, cable television, and solid waste management. In accordance with the FEIS/EIR and Resolution No. 04-74, the applicant is required to pay a fair share towards off-site infrastructure and install public and private infrastructure and utilities necessary to support the project. While conceptual infrastructure and utility plans were submitted, refined constructions drawings and supporting information will need to be reviewed and approved by the Director of Public Works during plan check. For example, the development of the site will be required to meet all federal, state, and local standards for design of the off-site and on- site drainage system. The developer will need to submit, and have deemed adequate, a complete hydrology report prior to recordation of the Final Map. As a result of any new findings in the final hydrology report, the developer may need to modify plans to the utility, drainage, and grading plans as conditioned by Resolution No. 04-74. Adjacent public right-of-way improvements will include: • Tustin Ranch Road will include: final design, alignment, and construction of Tustin Ranch Road from Barranca Parkway north to Warner Avenue. A Class II bike trail, a new domestic water line per the requirements of the Irvine Ranch Water District (IRWD), a new brine line, a new reclaimed water line per the requirements of the IRWD, a new sanitary sewer line per the requirements of the IRWD, and a storm drain per the requirements of the Runoff Management Plan (ROMP) for Tustin Legacy with adequate capacity to accommodate runoff from the proposed development. The development would also require installation of new backbone underground dry utilities (electric, gas, cable TV, telephone, etc). Tustin Ranch Road will have a thirty-four (34) foot median and meandering eight (8) foot August 2, 2004 City Council Report to William Huston Vesting Tentative Tract Map 16695 Page 4 of 5 sidewalks on each side of the street within an ultimate right-of-way of 120 feet. Tustin Ranch Road will be completely installed along the west boundary of the project by the developer, up to and including the west curb line, from Barranca Parkway to Warner Avenue. • Warner Avenue will include: design and construction of full -width improvements of Warner Avenue from its current terminus west of Jamboree Road to Tustin Ranch Road and the Warner Avenue Southbound on- and off- ramps at Jamboree Road where they intersect with the future South Loop Road.. A Class I bike trail, a new domestic water line per the requirements of the IRWD, a new brine line, a new reclaimed water line per the requirements of the Irvine Ranch Water District, a new sanitary sewer line per the requirements of the IRWD, and a storm drain per the requirements of the Runoff Management Plan (ROMP) for Tustin Legacy with adequate capacity to accommodate runoff from the proposed development. The development would also require installation of new backbone underground dry utilities (electric, gas, cable TV, telephone, etc). The project is also conditioned to improve Warner Avenue in the City of Irvine from the east City boundary to near Construction Circle. The applicant will need to obtain all necessary right-of-way acquisition and improvements in the City of Irvine to accommodate the realignment and widening of existing Warner Avenue and Jamboree Road ramps. • South Loop Road from Tustin Ranch Road north to the southbound Jamboree Avenue off -ramp, north of Warner Avenue will include: a new domestic water line per the requirements of the Irvine Ranch Water District, a ninety-two (92) foot wide right-of-way with a four (4) to fourteen (14) foot median, with a five (5) foot meandering sidewalk on both sides of the street, and a Class I bikeway will be constructed off-street along the north side of the road. While a portion of South Loop Road will be designed and constructed with two (2) travel lanes in each direction within a ninety-two (92) foot right-of-way, the MCAS Tustin Specific Plan classifies South Loop Road as a secondary arterial roadway with two (2) travel lanes in each direction within a ninety-two (92) foot right-of-way. Providing a ninety- two (92) foot right-of-way will allow for additional lane construction in the future if needed. • Barranca Parkway from Jamboree Road to Tustin Ranch Road will include: design and construction of the full north side widening and improvements to Barranca Parkway between Jamboree Road and the future Tustin Ranch Road, including any necessary improvements to the Barranca Channel and its under -crossing of Barranca Parkway in accordance with the City's Run-off Management Plan for Tustin Legacy (ROMP) and all necessary right-of-way improvements adjacent to the property designated as Reuse Plan Disposition Parcel 9 (the Army Reserve Property) per DDA 04-02, Class I and Class II bikeways, intersection enhancements to the intersection of Barranca Parkway and Jamboree Road required in the Final EIS/EIR, and intersection enhancements to the intersection of Barranca Parkway and Milliken Avenue to serve the Project. The project is also proposing to design and construct roadway improvements in the City of Irvine as part of the orderly development of the project and the entire Tustin Legacy. August 2, 2004 City Council Report to William Huston Vesting Tentative Tract Map 16695 Page 5 of 5 Improvements include the widening of the north side of Barranca Parkway, consisting of relocation of electrical transmission lines and utilities in the roadway medians, reconstruction of the medians and left turn pockets, adding travel lanes, and Class I and Class II bicycle lanes. The widening of the Barranca Parkway is a mitigation measure of the Irvine Business Complex (IBC) Project in the City of Irvine, but is necessary at this time to facilitate orderly development of this project. • Jamboree Road improvements will include: design and construction of curb and gutter improvements adjacent to the project site, and design and installation of landscape improvements in the area behind the curb within the public right-of-way area. Sidewalk improvements at the northwest corner of Jamboree Road/Barranca Parkway will terminate at the north curb return area along Jamboree Road and will not extend north on Jamboree Road Resolution No. 04-73 includes conditions to ensure compliance with the MCAS Tustin Specific Plan, the FEIR/EIS Mitigation Monitoring Program, the Subdivision Map Act, and the City's Subdivision Ordinance. ENVIRONMENTAL DOCUMENTATION On January 17, 2001, the City Council certified the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR). The proposed project is consistent with development considered in the FEIS/EIR. Staff has prepared a checklist that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified (Exhibit 1 of Resolution No. 04-73). In addition, a mitigation monitoring program matrix was prepared by the Community Development Department that identifies the specific mitigation measures or implementation measures identified in the FEIS/EIR that are applicable to the project; all applicable mitigation measures in the FEIS/EIR are included in the Mitigation Monitoring Program for the project, in conditions of approval in City Council Resolution Nos. 04-73 and 04-74, Planning Commission Resolution Nos. 3920, 3922, 3923, and 3924, or in DDA 04-02. A decision to approve the proposed project may be supported by the findings contained in Resolution Nos. 04-73 and 04-74. Matt West Associate Planner Elizabeth A. Binsack Director of Community Development Attachments: A — Location Map B — Approved Development Plans C — VTTM 16695, Grading Plans, and Utility Plans D — Resolution Nos. 04-73 and 04-74 S1Cdd\CCREP0RT\Tract 16695 (Vestar).doc ATTACHMENT A Location Map ■Ir LOCATION MAP sal \ PROJECT NO ADDRESS '• o, pie.: i •'gY'r' , Al ✓', M °t s Spr '�ror { VTTM 1.6695 LOCATION: Planning Areas 16, 17, and 19 of the MCAS -Tustin Specific Plan (Reuse Plan Disposition Parcels 10, 11, and 12), future Warner Avenue to the north, Y future Tustin Ranch Road to the west, Planning Area 18 (Reuse Plan Disposal Parcel 9) to the southwest, Barranca _Parkway to the south, and Jamboree Road to the east. REQUEST: Vesting Tentative Tract Map 16695 for the subdivision of a 111.77 (gross) acre site into twenty-nine (29) numbered lots and fifteen (15) lettered lots for the purpose of developing 1,006,100 square feet of commercial uses within Planning Areas 16, 17, and 19 of . the MCAS Tustin Specific Plan as approved by Concept Plan 04-001, Design Review 04-010, Conditional Use Permit 04-015, and ' Variance 04-002. - TVSTIN (Owner: City of Tustin/ Department of the crry MP Navy; Applicant: Vestar Development/ Kimco Tustin, L.P.) 9 pl ,i S '• o, pie.: i •'gY'r' , Al ✓', M °t s Spr '�ror ATTACHMENT B Approved Development Plans / l.. � on ausAL oow>, avLs3n _ y OC I otuao��lo� ulsnl _ '0000 OVJ31 NUS(11 01')Ia1S10 3H1 �8�d,' �� � � '��� fi$ -�& grr gaieia�Y a ae �K fin. 3' e`t'd Kay eE ae But g C6ySt� � j a OTA// �'/7 C� / • / - , � LUT 18 �• Loi 257 LOT fol-`� \ Lo l LOT 2 20 �•�� s \ \ \ Loi Loi 1e `4 . < �✓10 r Lo, 14, T. OT --- ? 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SII II o «a o o� �_•.S ���:� it _ 0 � 'i rn a ��wd I I u �l.iii■+ - ■ a �� � ii�iii i■■ c ■ � � ■■fit � . L ,�� a �. »� I elm •m=il � �a ei� j •ia � � I UOQ O � ..1'��' Ot• � a e;, ii 1 la {\ � � u l� .rer�pptrJ� �1���\�II�IEi�� lo.IJs iY■w ��■Y �, o 0 9 � f7 ■Ul �� , , , ■ § �2 | ,| § ||�| ■|� | ;m � �~� | |||. `, ||��||!� ■, $� •§ ,| § ||�| ■|� | lsd HV 04c,o vDo2.'vo—--mnRICm^]'.ia��yew�o3�no>sy wsn� n s1020\zoW�H ash o 0 �Z J � a -------------- -_--- - - - � : Irl rr 'c F • ._ `,' O B O � � �/ R r R R L—___ 8Y S 4a tT- fill I r w � . \ a � _ ®OD®®OO©©DOOUg0000O®©�OOOR r � R 6 ll3H5 335 0 I"I avo■ 338oanrr J\) If C I 0 W 3 c6 ATTACHMENT D Resolution Nos. 04-73 and 04-74 RESOLUTION NO. 04-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC RESOURCES CODE SECTION 2116 AND SECTION 15168(c) OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE SCOPE OF THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR) AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT OR WILL BE CONDITIONS OF APPROVAL ON PENDING ENTITLEMENT APPLICATIONS The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 16695 is considered a "Project" pursuant to the terms of the California Environmental Quality Act; B. That the Marine Corps Air Station (MCAS) Tustin Reuse Plan/Specific Plan Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) was certified by the City Council on January 16, 2001. The FEIS/EIR considered the potential impacts associated with development on the former Marine Corps Air Station, Tustin, including development of commercial uses within Planning Areas 16, 17, and 19. C. That an initial study checklist, attached as Exhibit A hereto, was prepared to evaluate the potential impacts associated with the Project. The initial study checklist demonstrates that all potential impacts of the Project were addressed by the certified FEIS/EIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/EIR will be implemented through the Mitigation Monitoring Program for the Project (Attachment 2 of Exhibit A), Disposition and Development Agreement 04- 02, or as conditions of approval of the Project. II. The City Council hereby finds for Vesting Tentative Tract Map 16695 that this Project is within the scope of the previously approved MCAS Tustin Final Program EIS/EIR previously certified on January 16, 2001, that the environmental effects of the Project are within the scope of the MCAS Tustin FEIS/EIR and were fully examined in the MCAS Tustin FEIS/EIR; that no substantial changes are proposed in the Project or have occurred with respect to circumstances under which the Project is being undertaken since certification of Resolution No. 04-73 Page 2 the MCAS Tustin FEIS/EIR; no new information has become available since the certification of the MCAS Tustin FEIS/EIR, and pursuant to Public Resources Code Section 2116 and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code of Regulations Sections 15162 and 15168(c), no additional environmental analysis, action or document is required by the CEQA. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of August 2004. TONY KAWISHIMA, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 04-73 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of August 2004, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A OF RESOLUTION NO. 04-73 COMMUNITY DEVELOPMENT DEPARTMENT 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 This checklist and the following evaluation of environmental impacts (Attachment 1 of Exhibit A of Resolution No. 3924) takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Development of "The District at Tustin Legacy" Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Matt West Phone: (714) 573-3118 Project Location: Planning Areas 16, 17, and 19 of the MCAS -Tustin Specific Plan (Reuse Plan Disposition parcels 10, 11, and 12), the future Warner Avenue to the north, the future Tustin Ranch Road to the west, Planning Area 18 (Reuse Plan Disposal Parcel 9) to the southwest, Barranca Parkway to the south, Jamboree Road to the east. Project Sponsor's Name and Address: Vestar Development/ Kimco Tustin, L.P. 2425 East Camelback Road Phoenix, AZ 85016 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: SP -1 Specific Plan, Planning Areas 16, 17, and 19 Project Description: Approval of a Disposition and Development Agreement (DDA) between the City of Tustin and Vestar Development and Concept Plan 04-001, Vesting Tentative Tract Map 16695, Design Review 04-010, Conditional Use Permit 04-015, and Variance 04-002 for the purpose of developing 1,006,100 square feet of retail uses within a development to be known as "The District at Tustin Legacy". Surrounding Uses: North and West: Existing former MCAS Tustin Airfield Facilities South: • Light Industrial/Business Parks East: Jamboree Road/Industrial Uses Northeast: Existing Single -Occupancy Hotel Previous Environmental Documentation: Program Final Environmental Impact Statement/Environmental Impact Report (Program FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin (State Clearinghouse #94071005) certified by the Tustin City Council on January 16, 2001. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ❑Land Use and Planning ❑Population and Housing ❑Geology and Soils ❑Hydrology and Water Quality ❑Air Quality ❑Transportation & Circulation ❑Biological Resources ❑Mineral Resources ❑Agricultural Resources C. DETERMINATION: On the basis of this initial evaluation: ❑Hazards and Hazardous Materials ❑Noise ❑Public Services [-]Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers"�' Date: 1 U 1 att West, Associate Planner Date 7 -11z -71 - Elizabeth -11G -Elizabeth A. Binsack, Community Development Director 0�/"' /,,- Date —/ if Christine A. Shingleton, Assist ity Manager D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? IIL AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department 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 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 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? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, . injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING — Would the project: No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a) Physically divide an established community? ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION — a) Would the .project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis c) Displace substantial numbers of people, necessitating the ❑ construction of replacement housing elsewhere? ❑ ❑ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION — a) Would the .project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ED ❑ ❑ ATTACHMENT I OF EXHIBIT A OF RESOLUTION NO. 04-73 Evaluation of Environmental Impacts PLANNING AREAS 16,17 AND 19 OF MCAS TUSTIN SPECIFIC PLAN VESTAR DEVELOPMENT — "THE DISTRICT AT TUSTIN LEGACY" DISPOSITION AN DEVELOPMENT AGREEMENT 04-002, VESTING TENTATIVE TRACT MAP 16695, CONCEPT PLAN 04-001, DESIGN REVIEW 04-010, CONDITIONAL USE PERMIT 04-015, AND VARIANCE 04-002 BACKGROUND The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999. The City was designated as the Local Redevelopment Authority (LRA) for the reuse of MCAS Tustin and, acting as such, approved a Reuse Plan that provided for future land uses at the former MCAS Tustin on October 1996, subsequently amended on September 1998 ("the Reuse Plan"). The Reuse Plan was subsequently reviewed and approved by the United States Department of Housing and Urban Development (HUD) as consistent with federal law regarding the homeless. In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and City prepared a Joint Final Program Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin. On January 16, 2001, the City of Tustin certified the Final Joint Program Environmental Impact Statement/Environmental Impact Report for the disposal and reuse of MCAS -Tustin (referenced as FEIS/EIR herein). The project is within the MCAS Tustin Specific Plan, which includes 1,000 acres that have been conveyed by deed from the Department of the Navy to the City of Tustin and approximately 153 acres conveyed by lease to the City of Tustin for redevelopment of the former Marine Corps Air Station (MCAS). The project site includes approximately 111.77 gross acres within Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan and an additional seven (7) parcels leased to the City of Tustin by the Department of Navy, known as Lease In Furtherance of Conveyance (LIFOC) parcels, as legally described in Navy documents as parcels III -C-3, III -C- 4, III -C-5, III -D-9, III -D-11, II -D-10, and portions of parcels III -H-13 and IV -G-3. The site is bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the existing Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east. Portions of Reuse Plan Disposition Parcels 8, 14, 16, 27, and 31 are also included within the boundaries of the vesting Tentative Tract Map for the sole purpose of showing the ultimate Warner Avenue, South Loop Road, and Tustin Ranch Road right-of-way improvements. The proposed project is a subdivision request for a vesting Tentative Tract Map (VTTM 16695) for the purpose of creating approximately twenty-nine (29) numbered lots and twelve (12) lettered lots to accommodate approximately 1,006,100 square feet of retail development known as "The District at Tustin Legacy." The project request is also for Concept Plan 04-001 to verify the project is consistent with the intent of the Specific Plan as a whole, Design Review 04-010 to review the site plan and building designs, Conditional Use Permit 04-015 to review two (2) drive-through restaurants, a movie theater, a gas station, master sign program, and shared Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 2 parking analysis, and Variance 04-002 to construct the movie theater building fifteen (15) feet from Barranca Parkway where a minimum thirty (30) foot building setback is required, and at a height of sixty (60) feet where a maximum fifty (50) foot height is permitted within Planning Area 19 of the MCAS Tustin Specific Plan. Primary access to the site will be provided at the intersections of Warner Avenue and South Loop Road, Tustin Ranch Road and South Loop Road, and Barranca Parkway and Millikan Avenue. Excepting the requested variances, the proposed project is consistent with the requirements and intent of the Specific Plan. The applicant is proposing 1,006,100 square feet of commercial uses and Alternative #1 in the FEIS/EIR for MCAS Tustin previously analyzed 1,442,710 square feet of commercial uses within Planning Areas 16, 17, and 19. All related environmental impacts were considered for the FEIS/EIR and all applicable implementation measures and mitigation measures are either included in the Mitigation Monitoring Program (Attachment 2 of Exhibit A of Resolution No. 04-73), DDA 04-02, or as conditions of project approval, as identified in the Mitigation Monitoring Program. 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 project is not located on a scenic highway nor will it affect a scenic ,vista. Development of the vacant aircraft facilities, parking aprons, and open areas of short grasses would be replaced by a more urban view with vertical elements, such as buildings, driveways, parking lots, and landscaping. Development of commercial uses within Planning Areas 16, 17, and 19 was considered within the FEIS/EIR and will have no negative aesthetic effect on the site when mitigation measures are incorporated with approval of the project. All exterior design is required to be in compliance with Section 2.17.3 (B) — Urban Design Guidelines for Non -Residential Development of MCAS Tustin Specific Plan, the applicable development standards in Sections 3.8.2 and 3.8.4, and the Landscape Concept Section 2.17.2 as they relate to design of Warner Avenue, Tustin Ranch Road, Barranca Parkway, Jamboree Road, the South Loop Road, primary street corners, and project entries. The applicant is requesting to construct a movie theater building fifteen (15) feet from Barranca Parkway where a minimum thirty (30) foot building setback is required and at a Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 3 height of sixty (60) feet where a maximum fifty (50) foot height is permitted within Planning Area 19 of the MCAS Tustin Specific Plan and will be processed in accordance with Section 4.2.4. In accordance with the FEIS/EIR, the proposal includes a design review application process in accordance with Section 4.2.2 for Development Project review, which will ensure that the design of the project is cohesive and in harmony with the surrounding development. The project will utilize a variety of lighting methods to create distinct lighting sub -areas, or districts, on the project site through the use of pole- and wall - mounted light fixtures, in -grade and above grade uplights, festival lighting in trees, etc; however, all exterior lighting would be designed to reduce glare, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 2.17.3 (B) of the MCAS Tustin Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEIS/EIR. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin Security Ordinance Tustin General Plan II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? The project would have a minimal impact to Reuse Plan Disposal Parcel 31 and not impact prime farmland, unique farmland, or farmland of statewide importance as shown on maps prepared pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency, to non-agricultural use. Also, the property is not zoned for agricultural use or a Williamson Act Contract, nor does the proposed use involve other changes in the Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 4 existing environment that could result in the conversion of farmland to non-agricultural use. Existing portions of the site are identified as "Airfield Operations/Agricultural" in the Specific Plan; however, except for an extremely small portion of Parcel 31, no area of the project site is currently used or designated as agricultural land. Consequently, no mitigation measures are necessary and no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. MitigationlMonitoring Required. In certifying the FEIS/EIR, the Tustin City Council adopted Findings of Fact and Statement in Overriding Consideration concluding that impacts to agricultural resources were unavoidable (Resolution No. 00-90). No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-84, 4-109 through 114) Resolution No. 00-90 Reuse Plan and MCAS Tustin Specific Plan Tustin General Plan III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? All air quality environmental impacts related to development of the entire Specific Plan area (including the project site) were considered in the adopted FEIS/EIR. Development of the entire project would: 1) be inconsistent with the 1994 and 1997 South Coast Air Basin (SCAB) Air Quality Management Plan (AQMP) 2) exceed South Coast Air Quality Management District (SCAQMD) thresholds of significance for CO, NO, and ROC from long-term operation emissions from mobile (vehicular) and stationary sources; and 3) would exceed SCAQMD thresholds of significance during some or all phases of the project for peak reduced emissions of suspended particulates (PM10), reactive organic compounds (ROC), and oxides of nitrogen (NO,) due to construction activities. However, a Statement of Overriding Considerations for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001, identifying specific justifiable economic, legal, Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 5 social, technological, or other considerations. Since the proposed project includes 1,006,100 square feet of retail development with a maximum floor area ratio (FAR) of .32, which is less than the 1,442,710 square feet and permitted FAR range of .32-.54 analyzed in the FEIS/EIR for the project area, no additional impacts are anticipated. Construction air emissions are also anticipated and would result from the following four (4) construction activities: 1) demolition (which may include asbestos removal); 2) mass grading; 3) site preparation and utility installation; and 4) building construction. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR. Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR for operational and construction activities. However, the FEIS/EIR also concluded that the Reuse Plan related operational air quality impacts were significant and could not be fully mitigated. A Statement of Overriding Considerations for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001 (Resolution No. 00-90). Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 throughl53, 4-207 through 4-230 and pages 7-41 through 7-42) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Resolution No. 00-90 Tustin General Plan IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department 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 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 6 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The FEIS/EIR found that implementation of the Reuse Plan and MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species, however, the FEIS/EIR determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the proposed project site) could impact jurisdictional waters/wetlands and the southwestern pond turtle, which is identified as a "species of special concern" by the California Department of Fish and Game (CDFG), or have an impact on jurisdictional waters/wetlands. Mitigation measures were included in the MCAS Tustin FEIS/EIR to require the relocation of the turtles and establishment of an alternative off-site habitat, and to require the applicant will obtain Section 404, Section 1601, and other permits as necessary for areas on the project site affecting jurisdictional waters of the U.S. or vegetated wetlands. Therefore, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3- 82, 4-103 through 4-108, and 7-26 through 7-27) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) 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 § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 7 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 mitigation measures identified in the MCAS Tustin FEIS/EIR that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) 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? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (2001), 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 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 8 disposal of wastewater? The FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and MCAS Tustin Specific Plan would include non -seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure. However, the FEIS/EIR for MCAS Tustin concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. No substantial change is expected for development of the project from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3- 97, 4-115 through 4-123 and 7-28 through 7-29) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin General Plan VII. HAZARDS AND HAZARDOUS MATERIALS: — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 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? Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 9 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. Construction and operation of commercial uses would not emit hazardous emissions within a quarter mile of an existing or proposed school. The Navy has prepared and approved a Finding of Suitability to Transfer (FOST), in compliance with the MCAS Tustin FEIS/EIR, determining that the Quitclaimed portions of the project site are suitable for transfer and reuse as previously planned within the Reuse Plan for MCAS Tustin and as shown in the MCAS Tustin Specific Plan. The Navy has also prepared and approved a Finding of Suitability Lease (FOSL), in compliance with the MCAS Tustin FEIS/EIR, determining that the remaining portion of the project site currently leased to the City of Tustin by the Department of Navy are limited areas where lease restrictions are in place to prevent human exposure to potential contaminants while Navy remedial action and ongoing investigations are being concluded. These areas, as they affect portions of the site to be sub -leased and conveyed to the Developer are identified on Vesting Tentative Tract Map 16695 as lots 13, 14, 21, 22, 23, 24, 25, 26, and 28. In addition, the project is at least two (2) miles from John Wayne Airport, lies within a flight approach or departure corridor, and is within the within the boundaries of the Airport Environs Land Use Plan (AELUP); however, the Airport Land Use Commission of Orange County has not adopted an Accidental Potential Zone (APZ) in the AELUP for MCAS Tustin. As a result, it does not pose an aircraft -related safety hazard for future residents or workers. The project site is not located in a wildland fire danger area. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. MitigationlMonitoring Required: Compliance with existing deed restrictions, rules, and regulations would avoid the creation of potential impacts; no mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3- 117, 4-130 through 4-138 and 7-30 through 7-31) Reuse Plan and MCAS Tustin Specific Plan (Pages .2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Finding of Suitability to Transfer (FOST) for Southern Parcels 4-8, 10-2, 14, and 42, and Parcels 25, 26, 30-33, 37 and Portion of 40 and 41 Finding of Suitability to Lease (FOSL) for Southern Parcels Care -out Areas Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 10 1, 2, 3,and 4 Airport Environs Land Use Plan (AELUP) Tustin General Plan VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The Final MCAS Tustin Reuse Plan/Specific Plan FEIS/EIR analyzed potential impacts associated with hydrology and water quality assuming a development potential of 1,442,707 square feet within Planning Area 16, 17, and 19 on the former MCAS Tustin. The proposed development includes 1,006,100 square feet of commercial uses. In addition, in accordance with implementation measures in the FEIS/EIR, the City of Tustin and County of Orange entered into Cooperative Agreement D02-119 and an amendment to the agreement to ensure the improvement of regional channel facilities through the Tustin Legacy site, including preparation of a Runoff Management Plan (ROMP) that documents the existing watershed conditions and outlines a plan to mitigate development runoff through appropriate backbone infrastructure to accommodate issues of urban drainage, flood protection, and stormwater Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 11 quality. The developer will be required to provide final engineering documents and plans that are consistent with the requirements of the proposed ROMP. The project site is partially developed with several buildings and ancillary site improvements such as parking areas. The remainder of the site is vacant. The site currently drains from the northwest to the southeast; an existing earthen channel located adjacent to and running parallel with Jamboree Road conveys a majority of the runoff from the site. No part of the site is within a flood zone, as determined by FEMA, and there are no dams in the vicinity. The project site is not expected to be subject to seiche, tsunami, or mudflow. As discussed in the Hazardous Materials section, there are several existing parcels that are leased to the City of Tustin from the Department of the Navy (DON), known as "Leases in Furtherance of Conveyance (LIFOC)," that contain soil and groundwater contamination. These parcels underlie portions of Reuse Plan Disposition Parcels 11 and 12 and the future South Loop Road within the project area, and area identified on the Vesting Tentative Tract Map 16695 as Lots 13, 14, 21, 22, 23, 24, 25, and 26, and Lot C. The FEIS/EIR found that reuse would not be impacted by hazardous materials in the groundwater or soil since the DON is in the process of implementing various remedial actions that will remove, manage, or isolate potentially hazardous substances located within the site. The DON has committed to an expedited schedule to support the rapid transfer of affected parcels to support early reuse as planned in the approved Reuse Plan/Specific Plan for MCAS Tustin. The developer will be required to obtain DON approval for any construction activities within any LIFOC parcels on their site and comply with any lease restrictions to protect the DON's remediation activities and prevent the spread of contamination. Until the property is conveyed, the terms of the ground lease with the Developer would preclude economic uses of the property with the exception of parking, landscaping, and hardscape improvements. Water Quality As noted in the MCAS Tustin FEIS/EIR, reuse development would increase the amount of impervious surfaces on the project site, resulting in contaminants commonly associated with urban development including motor oils, fuel, and other vehicular fluids, and trash being washed by rain and carried with runoff into local and regional waterways. In addition, temporary site clearing, grading operations, and dewatering have the potential to dislodge dirt, surface materials, and contaminated groundwater that could be carried off-site into the storm drain system. However, the FEIS/EIR acknowledged that all reuse projects would be required to comply with the Total Maximum Daily Load (TMDL) for sediment and salinity in the Newport Bay watershed, which requires compliance with the Drainage Area Master Plan (DAMP) and the National Pollution Discharge Elimination System (NPDES), including the treatment of wastewater, if contaminated, preparation of a Storm Water Prevention Plan (SWPPP) that would implement specific best management practices (BMP) and preparation of a Water Quality Management Plan (WQMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would reduce potential impacts to water quality during construction and long- term operation to a less than significant level. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for the reuse of MCAS Tustin. Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 12 Groundwater Other than construction dewatering, the project will not require continued groundwater pumping nor contribute significantly to groundwater recharge, which is anticipated to occur in off-site retention basins. The FEIS/EIR did not identify any significant impacts to groundwater. Compliance with federal, state, and local regulations and standards, along with established engineering procedures and techniques, would reduce any possible impacts to groundwater during construction and long-term operation to a less than significant level. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for the reuse of MCAS Tustin. Drainage As noted in the MCAS Tustin FEIS/EIR, reuse and redevelopment would increase the overall amount of impervious surfaces and surface water runoff. Utilizing the existing storm drain system would not be practical since the system is undersized. As such, a conceptual storm drain plan was developed in coordination with the Orange County Flood Control District and included in the MCAS Tustin Specific Plan to identify necessary backbone infrastructure to carry the twenty-five (25) year return frequency storm. As discussed above, the Runoff Management Plan also discusses specified requirements related to drainage. The project developer is required to install portions of the public backbone drainage system surrounding the project site and comply with the ROMP to prevent impacts to the downstream regional storm drainage system. As part of these improvements, the developer proposes to lower and cover a portion of the existing Barranca Channel (a regional channel owned by the OCFCD) and the existing private drainage channel within the site adjacent to Jamboree Road and replace this drainage channel elsewhere on the project site. As required by the FEIS/EIR, the developer will be required to obtain Section 404 permits from the United States Army Corps of Engineers and Section 1601 agreements from the California Department of Fish and Game to modify these channels. As required by the FEIS/EIR, the project developer would also be required to design and construct all necessary on-site (local) drainage systems to adequately convey or contain the 10 -year runoff, 25 -year runoff, and 100 -year runoff, including any necessary improvements associated with relocating and piping the existing earthen channel that runs parallel to Jamboree Road on Reuse Plan Disposition Parcel 11. In addition to designing for the 10 - year and 25- year runoffs, the developer will be required to ensure that on-site project improvements would not result in increased 100 -year peak discharges within and downstream of the project limits, and would not worsen existing drainage conditions at storm drains, culverts, and other street crossings, including regional flood control facilities or construct adequate on-site flood control infrastructure. With adherence to the applicable implementation measures in the MCAS Tustin FEIS/EIR, no significant drainage impacts are anticipated. Mitigation/Monitoring Required: Compliance with existing rules and regulations would reduce any potential impacts related to water quality and groundwater to a level of Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 13 insignificance and no mitigation is required. Measures related to hydrology and drainage shown in Attachment 2 were adopted by the Tustin City Council in the FEIS/EIR for Disposal and Reuse of MCAS Tustin; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin Reuse Plan and MCAS Tustin Specific Plan FEMA Map (1999) Tustin General Plan Runoff Management Plan Cooperative Agreement D02-119, as amended IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base, such as land use designations, zoning categories, major arterial roadways, urban'design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project complies with the development standards in Chapters 2.17.3.13, 3.8.2 and 3.8.4 of the Specific Plan, and compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required.• Compliance with existing rules and regulations would avoid the creation of potential impacts. Consequently, no mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3 to 4-13 and 7-16 to 7-18) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through, 118) Tustin General Plan Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 14 X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The MCAS Tustin 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. MitigationlMonitoring Required: No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) 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? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? As discussed in more detail in the Transportation/Traffic section of this analysis, the proposed project is anticipated to operate under the maximum permitted average daily trips (ADT) identified in the MCAS Reuse Plan Traffic Study, and since Figure 3.14-1 of the Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 15 MCAS Tustin FEIS/EIR establishes noise contours around 65 Community Noise Equivalent Levels (CNEL) based upon aircraft and traffic levels, the proposed project is not anticipated to generate additional traffic noise beyond that anticipated by the FEIS/EIR. In addition, Table 3.14-2 identifies regional commercial centers, which include commercial retail, banks, restaurants, and movie theater uses, and are "normally compatible" with community noise levels up to 75 CNEL. The FEIS/EIR indicates that existing uses on other roadways surrounding the site would not experience noise levels that exceed those established as acceptable for the affected land use resulting from the full build -out of MCAS Tustin, and impacts would be less than significant. Since the proposed project is consistent with the amount and type of land uses and traffic generation analyzed in the FEIS/EIR, no substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. The City of Tustin will ensure that construction activities will comply with the adopted mitigation measures from the FEIS/EIR, and with local regulations and standards identified in the City's Noise Ordinance (i.e. restricted days and hours of construction activities). While the FEIS/EIR requires an acoustical study to assess reuse traffic noise impacts to existing sensitive receptors adjacent to Warner Avenue, between Harvard Avenue and Culver Drive, the completion of this study would occur prior to Warner Avenue, in its entirety, being connected at Red Hill Avenue. MitigationlMonitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to -3-162, 4-231 to 4-243 and 7-42 to 7-43) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin General Plan XII. POPULATION & HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? , The proposed project will not add new housing, remove existing housing, or displace any people to necessitate construction of additional housing. No substantial change is expected Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 16 from the analysis previously completed in the FEIS/EIR for MCAS Tustin. MitigationlMonitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4- 14 to 4-29 and 7-18 to 7-19) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The FEIR/EIS for MCAS Tustin requires developers of the site to contribute to the creation of public services such as fire and police protection services, schools, libraries, recreation facilities, and biking/hiking trails; however, new facilities will be provided within the Master Developer footprint to which the applicant will contribute a fair share. Fire Protection. The proposed project will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of existing fire stations in the areas surrounding the site will meet the demands created by the proposed project. A future fire station is also proposed within the Specific Plan area at Edinger Avenue and the West Connector Road. 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 not increase the need for police protection services in addition to what was anticipated in the FEIS/EIR. The developer as a condition of approval for the project would be required to work with the Tustin Police Department to ensure that adequate security precautions are implemented in the project at plan check. Schools. The proposed project is located within Tustin Unified School District (TUSD). As a condition of approval for the project, the developer would be required to pay applicable school fees prior to issuance of the building permit. Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 17 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. MitigationlMonitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The Reuse Plan, as a whole, provides for a new 85.5 -acre Regional Park, a 24 -acre Community Park and two Neighborhood Parks of more than five -acres and regional and community riding and hiking paths through the property. While the Reuse Plan process identifies individual developers' requirements for park land dedications, pursuant to the City's Subdivision Ordinance, commercial subdivisions are exempt from Park Land dedications or fees in lieu. The commercial project would provide pedestrian walkways on he project site and a Class II bikeway along Barranca Parkway not affecting existing recreational facilities, so no change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 18 FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56 to 4-80 and 7-21 to 7-22 Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin City Code Section 9331d (1) (b) Tustin General Plan XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The FEIS/EIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overburden existing roadways and intersections surrounding the base property. The FEIS/EIR indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400 ADT when the base was fully operational (1993). The FEIS/EIR considered the traffic impacts and developed a mitigation program to reduce potential impacts to a level of insignificance. In accordance with the FEIS/EIR, the applicant will be conditioned to participate in its fair share responsibility for both on-site and off-site circulation mitigation and implementation measures. The project site will be accessed from future Warner Avenue, future Tustin Ranch Road, and Barranca Parkway. Internal circulation of the site would be accessed from the public South Loop Road via private drive -aisles in compliance with the roadway standards of MCAS Tustin Specific Plan Section 2.5.2(B) related to secondary arterials. Table 7-3 of the MCAS Tustin FEIS/EIR establishes a trip budget which allocates Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 19 maximum thresholds of average daily trips (ADT) by planning area based upon land use. The project site, located within Planning Areas 16, 17, and 19, is identified to permit up to 35,650 ADTs; the proposed development is projected to generate up to 33,933 ADTs, which results in 1,717 fewer overall trips. The project development will be phased based upon the development phasing exhibit (Attachment 3 of Exhibit A of Resolution No. 04-60) and as follows: • Phase 1 (Minimum Project) will include development in Planning Areas 16, 17, and 19 equivalent to 641,394 square feet, which will generate 19,411 ADT. Phase 1 Minimum Project does not include the eight Minor Pads within Planning Area 19. Phase 1 Minimum Project will be completed no later than twenty-four months following the permit issuance date, as identified in DDA 04-02. • Phase 1 (Minimum plus 8 -Minor Pads Project) includes the Phase 1 Minimum Project and the eight Minor Pads located in Planning Area 19, which is equivalent to 705,100 square feet of development and generates 24,671 ADT. The Minor Pads are to be completed no later than five -years following the Initial Closing Date, unless such Minor Pad is a Lease Parcel in which event the provision applicable to Lease Parcels shall apply, as identified in DDA 04-02. • Phase 2 includes the complete build -out of the project in Planning Areas 16 (including 301,000 square feet within LIFOC Parcels), 17 and 19, equivalent to 1,006,100 square feet of development and generates 33,933 ADT. Phase 2 development will be completed no later than thirty -months following the Subsequent Closing Date for the affected parcel, as identified in DDA 04-02. Tables 4.12-7, 4.12-8, and 4.12-9 of the FEIS/FEIR identify threshold criteria for implementation of mitigation improvements at arterial intersections based upon cumulative ADT's approved for the entire Legacy Project. Based upon the project phasing plan, the cumulative ADT for the Phase 1 Minimum Project (19,411 ADT) and the previously approved ADT (6,177 ADT) for Reuse Plan Disposition Parcels 33 and 34 is 25,588 ADT and is within the cumulative minimum threshold criteria required for arterial intersection improvements, which is 32,000 ADT. The cumulative ADT for Phase 1 Full Project (24,617 ADT) and the previously approved ADT (6,177 ADT) is 30,848 ADT and is also within the cumulative minimum threshold criteria required for arterial intersection improvements. Consequently, no substantial change is expected from the traffic analysis previously completed in the approved FEIS/FEIR for MCAS Tustin. The cumulative ADT for Phase 2 (33,933 ADT) and the previously approved ADT (6,177 ADT) is 40,110, which is greater than the minimum threshold criteria of 32,000 ADT. This triggers arterial improvements at the intersections of Grand Avenue/Edinger Avenue and the SR -55 Southbound Ramps/Edinger Avenue in the City of Santa Ana. Improvements at the intersection of Grand Avenue/Edinger Avenue are subject to provisions of a Settlement Agreement between Tustin and Santa Ana, dated February 22, 2001. Improvements at the SR -55 Southbound Ramps/Edinger Avenue are programmed to be completed as part of the City's Edinger Avenue Widening between SR -55 and 1400' east of Red Hill Avenue Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 20 Project (CIP No. 7147). Table 4.12-10 of the FEIS/FEIR identifies threshold criteria for implementation of on-site mitigation improvements. The minimum ADT criteria for roadway improvements is 27,000 ADT (cumulative). Based upon the aforementioned traffic information for each development phase, it is concluded that the Phase 1 Minimum Project ADT and the previously approved ADT, which is 25,588 ADT, is under the minimum threshold. Therefore, the roadway improvements in Table 4.12-10 are not required with this phase of development. However, the Phase 1 Full Project ADT and the Phase 2 ADT, along with the previously approved ADT, are both over the minimum threshold and would trigger the construction of Landsdowne Road, West Connector Road, and North Loop Road between Red Hill Avenue and West Connector. The requirement to improve Edinger Avenue adjacent to the Legacy Project was completed in 2002. In addition, the City has programmed the construction of the Valencia North Loop Road and Armstrong Avenue within MCAS Tustin Project (CIP No. 7139) for completion within the next 24 -months. This project includes the construction of the roadway improvements in Table 4.12-10 associated with the minimum threshold of 27,000 ADT. This would fulfill roadway mitigation improvements associated with full build -out of the project. The project is adjacent to and results in traffic impacts at the intersection of Jamboree Road/Barranca Parkway. The traffic analysis prepared as part of the FEIS/FEIR considered traffic impacts at this location and determined that significant unavoidable traffic impacts would remain at this location. A statement of overriding considerations was adopted as part of the FEIS/FEIR. The project is proposing to design and construct roadway improvements in the City of Irvine as part of the orderly development of the project and the entire Tustin Legacy. Improvements include the widening of the north side of Barranca Parkway, consisting of relocation of electrical transmission lines and utilities in the roadway medians, reconstruction of the medians and left turn pockets, adding travel lanes, and Class I and Class II bicycle lanes. The widening of the Barranca Parkway is a mitigation measure of the Irvine Business Complex (IBC) Project in the City of Irvine, but is necessary at this time to facilitate orderly development of this project. The project is also conditioned to improve Warner Avenue in the City of Irvine from the East City boundary to near Construction Circle, and to improve the Warner Avenue Southbound on and off ramps at Jamboree Road where they intersect with the future South loop Road. The project applicant is conditioned to coordinate any construction activity in the City of Irvine with their staff and obtain all necessary City permits. In addition, construction activities are required to comply with all transportation related FEIS/EIR Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.). With these mitigation measures, potential impacts to transportation and circulation resources can be reduced to a level of insignificance. Mitigation/Monitoring Required: A Statement of Overriding Considerations for traffic Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 21 impacts at the intersection of Jamboree RoadBarranca Parkway was adopted by the Tustin City Council in the FEIS/FEIR. However, mitigation measures were adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-118 through 3- 142, 4-139 through 4-206 and 7-32 through 7-41) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin General Plan Development Phasing Plan XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The FEIR/EIR analyzed new off-site and on-site backbone utility systems required for development of the site as necessary to support the proposed retail development, including water, sewer, drainage, electricity, natural gas, telephone, cable television, and solid waste management. The proposed project is consistent with the permitted uses analyzed in the FEIS/EIR, and the project is under the assumed 1,442,710 square feet of commercial uses. In accordance with the FEIS/EIR, the applicant is required to pay a fair share towards off- site infrastructure and installation of on-site facilities. In addition, development of the site is required to meet federal, state, and local standards for design of waste water treatment, drainage system for on-site and off-site, and water availability. Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 22 No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3- 46, 4-32 through 4-55 and 7-20 through 7-21) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) 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? The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan and the proposed project is within the scope of the FEIS/EIR. With the enforcement of FEIS/EIR mitigation and implementation measures approved by the Tustin City Council in the Mitigation Monitoring Program for the project or as conditions of approval, the proposed project would not cause unmitigated environmental effects that will cause substantial effects on human beings either directly or indirectly nor degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. To address cumulative impacts, a Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001 (Resolution No. 00-90) for issues relating to aesthetics, cultural and paleontological resources, agricultural resources, and traffic/circulation. The project does not create any impacts that have not been previously addressed by the Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 23 FEIS/EIR. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Resolution No. 00-90 Tustin General Plan CONCLUSION The proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin. 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O c. a ,It U M E- N bq o MW° n •�i M N M1 Q) w o l7 O 0 0 .a 0 W 0 a CbA N a a o � N U RESOLUTION NO. 04-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 16695, TO SUBDIVIDE APPROXIMATELY 111.77 GROSS ACRES INTO TWENTY- NINE (29) NUMBERED LOTS AND FIFTEEN (15) LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 1,006,100 SQUARE FEET OF COMMERCIAL USES WITHIN PLANNING AREAS 16, 17, AND 19 OF THE MCAS-TUSTIN SPECIFIC PLAN The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for Vesting Tentative Tract Map No. 16695 was submitted by the Vestar Development Company/Kimco Tustin L.P. requesting subdivision of an approximately 111.77 -acre area owned by the City of Tustin and United States Department of the Navy into twenty- nine (29) numbered lots and fifteen (15) lettered lots for development of 1,006,100 square feet of retail uses within Planning Areas 16, 17, and 19 of the MCAS -Tustin Specific Plan, which are bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east; B. That a public hearing was duly called, noticed, and held for said map on July 19, 2004, and continued to August 2, 2004, by the City Council; C. That the proposed subdivision is in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan, State Subdivision Map Act and the City's Subdivision Code. 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 the site is located in Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan, which is designated for commercial development and, as conditioned, the site will be physically suitable for the type of development that is proposed. Although the project may be phased in accordance with the schedule of performance within Disposition and Development Agreement 04-002, conditions are included to ensure that sufficient horizontal improvements will be constructed to support the vertical improvements in an orderly manner; City Council Resolution 04-74 Page 2 E. That the applicant will be responsible for the design and construction of certain MCAS Tustin Backbone Infrastructure improvements designated by the City as reasonably necessary to support development of the project through implementation of the conditions of approval and Disposition and Development Agreement (DDA) 04-02, which was approved by the City Council on July 19, 2004; F. The applicant will be responsible for providing funding towards the project's fair share of the Tustin Legacy Backbone Infrastructure Program pursuant to the Disposition and Development Agreement 04-02 (DDA 04- 02), which will be considered by the City Council on July 19, 2004; G. That development of the site may require fee dedications or grants of easements for the provision of infrastructure necessary to support the development; H. That the proposed subdivision is not located within a 100 -year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002; however, the applicant will be required to submit a detailed hydrology study for the entire project and design and construct all necessary drainage facilities to accommodate the 10 -year runoff, 25 -year runoff, and 100 -year peak discharges within and downstream of the project limits to avoid worsening existing drainage conditions at existing off-site storm drains, culverts, and other street crossings, and regional flood control facilities; That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District in that the payment of appropriate school fees as adopted by the Tustin Unified School District will be required prior to issuance of building permits in accordance with the City's procedures; J. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat in a manner that has not previously been identified by the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR); K. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of commercial uses within Planning Areas 16, 17, and 19. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR, no additional impacts have been identified, and all applicable City Council Resolution 04-74 Page 3 mitigation measures in the FEIS/EIR are included in the Mitigation Monitoring Program for the project or as conditions of approval. The City Council has adopted Resolution No. 04-73 finding that the FEIS/EIR for the MCAS Tustin Reuse Plan and Specific Plan adequately addressed all potential impacts related to the subdivision. II. The City Council hereby approves Vesting Tentative Tract Map 16695 to subdivide an approximately 111.77 -acre area owned by the City of Tustin and United States Department of the Navy into twenty-nine (29) numbered lots and fifteen (15) lettered lots for development of 1,006,100 square feet of retail uses within Planning Areas 16, 17, and 19 of the MCAS -Tustin Specific Plan, which are bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of August 2004. TONY KAWISHIMA Mayor PAMELA STOKER City Clerk City Council Resolution 04-74 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 04-74 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2"d day of August 2004, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A VESTING TENTATIVE TRACT MAP 16695 RESOLUTION NO. 04-74 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Within twenty-four (24) months from tentative map approval or earlier, as may be stipulated in the Tustin Legacy Disposition Development Agreement 04-02, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to the Tustin City Code. Prior to approval of the final map, the developer shall be in compliance with all applicable provisions of DDA 04-02. (1) 1.2 Approval of Vesting Tentative Tract Map 16695 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 As a condition of approval of Vesting Tentative Tract Map 16695, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 04-74 TTM 16695 Page 2 (1) 1.4 Prior to final map approval by the City Council, the subdivider shall execute a hold -harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code, unless said agreement or insurance are required and provided under the provisions of DDA 04-02. (1) 1.5 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, Disposition and Development Agreement 04-02, the MCAS Tustin Specific Plan and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin. Notwithstanding any conceptual information provided on the project plans, the subdivider shall modify the plans to ensure compliance with all applicable requirements, regulations, and conditions contained herein. (1) 1.6 All entitlements specified in City Council Resolution No. 04-74 and Resolution Nos. 3920, 3921, 3922, 3923, and 3924 shall not become effective until such time as the City and Vestar Development/Kimco Tustin L.P. have executed Disposition and Development Agreement (DDA) 04-02. All entitlements specified in City Council Resolution No. 04-74 and Planning Commission Resolution Nos. 3920, 3921, 3922, 3923, and 3924 shall become null and void in the case of default by the developer or termination by the City of DDA 04-02, including, but not limited to, the City's approval of any final maps not completed at the time of default or termination, to ensure that development proceeds in an orderly manner as specified in DDA 04-02. (1) 1.7 Vesting Tentative Tract Map 16695 shall be developed in accordance with Concept Plan 04-001, Design Review 04-010, Conditional Use Permit 04-15, and Variance 04-002 as approved by City Council Resolution No. 04-74 and Planning Commission Resolution Nos. 3920, 3921, 3922, 3923, and 3924 and incorporated herein by reference. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 1.8 The DDA 04-02 shall continue in full force and effect without defaults, and all construction and completion of obligations identified in DDA 04-02 shall be satisfied, as applicable, prior to any final map approval. (1) 1.9 The subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way Exhibit A Resolution No. 04-74 TTM 16695 Page 3 or assessment district for funding of various municipal services and operating expenses associated with Tustin Legacy. (1) 1.10 The subdivider shall execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds as required by the City Engineer prior to recordation of the final map. (1) 1.11 Upon recordation of the final map or issuance of building permits, the applicant shall obtain new addresses for all future buildings from the Engineering Division. (1) 1.12 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required shall be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD -based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings shall be in AutoCAD "DWG' format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. (1) 1.13 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract to the satisfaction of the City Engineer. GENERAL CONDITIONS FOR ALL INFRASTRUCTURE IMPROVEMENTS The following general conditions apply to Tustin Legacy Backbone Infrastructure improvements, general public improvements, and private on-site improvements, as specified in each condition to ensure coordinated design, construction, and operation of all on and off-site infrastructure and utility systems. Exhibit A Resolution No. 04-74 TTM 16695 Page 4 (1) 2.1 Separate 24" by 36" street improvement plans for all Tustin Legacy Backbone Infrastructure Improvements identified in DDA 04-02 and other public improvements, as prepared by a California Registered Civil Engineer, shall be required for all design and construction within the public right-of-way. Design of Tustin Legacy Backbone Infrastructure Improvements shall include all plans, specifications, and estimates necessary to conduct a public bid process, and include, but not be limited to, the following: A. Curb and gutter; B. Sidewalk, including curb ramps for the physically disabled; C. Drive aprons; D. Signing/striping plan; E. Street paving; F. Street lighting; G. Catch basins, retention/detention facilities, storm drain laterals, or connections to the existing storm drain system; H. Domestic water facilities; I. Reclaimed water facilities; J. Sanitary sewer facilities; K. Landscape/irrigation; L. Underground utility connections; and, M. Traffic signal plan. All public access easements outside of the existing or proposed street rights-of-way shall be clearly shown and labeled on the plans and street sections and design and placement of utilities such as light poles, street furniture, traffic lights, etc. will be subject to design parameters established by the City. In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. (5) 2.2 All Tustin Legacy Backbone Infrastructure and public improvements shall comply with the City of Tustin General Plan, the MCAS Tustin Specific Plan, City development standards and guidelines, and all conditions contained herein, including, but not limited to, the following: A. All driveways shall conform to the City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 210 for commercial driveways. Exhibit A Resolution No. 04-74 TTM 16695 Page 5 B. The project shall comply with City of Tustin Standard Plan No. 204 for construction of a meandering sidewalk and ADA accessibility requirements for all proposed sidewalk grades on public streets. C. All landscape setbacks shall be consistent with the City of Tustin MCAS Specific Plan. D. Adequate horizontal and vertical intersection sight lines shall be provided and shown on the grading plan and landscape plan. A minimum 25 foot by 25 foot limited use area triangle shall be provided to ensure adequate sight lines at all driveways and the applicant shall comply with City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 510 for all public and private intersection sight distances and limited use area requirements for the project's streets. E. All commercial driveways, public sidewalks, trails, and pathways shall comply with the provisions of the Federal Americans with Disabilities Act (ADA). F. Current ADA requirements shall be met at the drive aprons. This may require dedication of additional right-of-way to accommodate the sidewalk construction. A legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. (1) 2.3 Preparation of plans for and construction of the following systems shall be required. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. A. All sanitary sewer facilities shall be submitted as required by the City Engineer and the Irvine Ranch Water District (IRWD). B. A domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants shall be Exhibit A Resolution No. 04-74 TTM 16695 Page 6 evaluated. The watE appurtenances shall alsc and adopted regulations Health Department. Any shall meet the standards Water District. r distribution system and conform to the applicable laws enforced by the Orange County required reclaimed water system as required by the Irvine Ranch (1) 2.4 The project's proposed storm drain system shall incorporate the requirements of the Tustin Legacy Runoff Management Plan (ROMP) developed by the City. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (5) 2.5 All storm drains to be constructed within or adjacent to the development shall be designed per the applicable Orange County Flood Control District's (OCFCD) and City of Tustin standards. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.6 The proposed private and public drainage collection systems shall be designed for a minimum 25 -year storm frequency and a 100 - year storm frequency for regional facilities. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (5) 2.7 The applicant shall provide a 100 -year storm drainage study showing the maximum water surface elevations for all locations and a second study showing secondary overflow discharge locations based upon the OCFCD requirement to analyze all grated inlet locations with 100% plugging (per the County's Local Drainage Manual requirements). For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.8 A detailed hydrology and hydraulic analysis for 25 -year and 100 - year storm frequencies shall be provided for both the existing and proposed conditions to determine any requirements for on-site storm water retention/detention and facility sizing. The applicant Exhibit A Resolution No. 04-74 TTM 16695 Page 7 shall also be required to accept upstream storm water that would historically cross the property and detain/retain on the property such upstream water so that the release of said water into downstream regional flood control systems does not exceed historical flow rates or the downstream capacity of such systems. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.9 The applicant shall be responsible for design and construction of any interim retention facilities on-site that may be needed to retain on-site water from the project, based upon a hydrology and hydraulic analysis. All storm drain improvements shall comply with the City's ROMP. The applicant shall be responsible for retaining on-site water from the project in below grade structures constructed on the project site, unless other interim storm drain water detention facilities attributable to the project are approved by the Director of Public Works, which may include, but would not be limited to, such areas as parking lots, etc., subject to design parameters accepted by the Director of Public Works. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (5) 2.10 The applicant shall provide written approvals from the OCFCD for any connections to existing OCFCD storm drain system(s) prior to the City approving the proposed storm drain improvements for the project. (1) 2.11 The secondary drainage outlet discharge points for all sump conditions shall be provided and shown on the plans along with any required drainage easements to provide and maintain the secondary drainage outlet(s). For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.12 The size of all public and private storm drain pipes shall be labeled. The minimum storm drain pipe size shall be 18 inch for private storm drains and 24 inch for public storm drains. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be Exhibit A Resolution No. 04-74 TTM 16695 Page 8 provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.13 All proposed utilities and storm drain lines shall be labeled as being either private or public, subject to approval by the Public Works Director and applicable utility providers. (1) 2.14 All water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, electrical service, gas service, and other facilities and utilities shall be provided in accordance with the MCAS Tustin Specific Plan, unless otherwise approved by responsible agencies or noted in this resolution. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.15 The minimum grade on gutter flow lines shall be 0.4 percent (including the flow line grades in street tapers and horizontal curves). Cross gutters shall not be permitted in at the public street intersections and driveways. (1) 2.16 The applicant shall provide a geotechnical report and Pavement Analysis and Design Report for Barranca Parkway, Warner Avenue, Tustin Ranch Road, and South Loop Road. As required by other conditions contained herein, the applicant shall construct all required street improvements on Barranca Parkway, Tustin Ranch Road, Warner Avenue, and South Loop Road to the current City of Tustin's street standards. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.17 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. (1) 2.18 Preparation and submittal of a final grading plan shall be provided showing all pertinent elevations as they pertain to the public right- of-way along with delineating the following information: Exhibit A Resolution No. 04-74 TTM 16695 Page 9 A. Final street elevations at key locations; B. Final pad/finished floor elevations and key elevations for all site grading as established by the approved hydrology report and elevations provided by the Orange County Flood Control District; and, C. All flood hazards of record. For all design and construction within the public right-of-way for Tustin Legacy Backbone Improvements, separate plans shall be provided, which include all plans, specifications, and estimates necessary to conduct a public bid process. TUSTIN LEGACY BACKBONE INFRASTRUCTURE IMPROVEMENTS (1) 3.1 The applicant shall design and construct all Tustin Legacy Backbone Infrastructure Improvements in the first phase of development as identified specifically in and required by DDA 04- 02. These improvements shall be shown on the street improvement plans required by Condition 2.1 of this resolution. (1) 3.2 The applicant shall design and construct full -width street improvements along Tustin Ranch Road from Barranca Parkway to Warner Avenue including intersection improvements at Von Karman Avenue and Barranca Parkway. The improvements along Tustin Ranch Road shall include a 34 -foot median. The applicant is responsible for all necessary right-of-way acquisitions and improvements for the additional right-of-way areas to accommodate the 34 -foot median along Tustin Ranch Road, modification of the Barranca Parkway median and landscaping, modification to the south leg of Von Karman Avenue in the City of Irvine, and any necessary improvements to the Barranca Channel for the Tustin Ranch Road crossing and for wetlands mitigation required in the Final EIR/EIS, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.3 The applicant shall design and construct the full north -side widening and improvements to Barranca Parkway between Jamboree Road and the future Tustin Ranch Road, including any necessary improvements to the Barranca Channel and its undercrossing of Barranca Parkway in accordance with the City's Run-off Management Plan for Tustin Legacy (ROMP) and all necessary right-of-way improvements adjacent to the property designated as Parcel 9 (the Army Reserve Property), intersection Exhibit A Resolution No. 04-74 TTM 16695 Page 10 enhancements to the intersection of Barranca Parkway and Jamboree Road required in the Final EIS/EIR, and intersection enhancements to the intersection of Barranca Parkway and Milliken Avenue to serve the Project, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.4 The applicant shall design and construct the full width improvements of the South Loop Road from Tustin Ranch Road northeasterly to a new extension of Warner Avenue including intersection improvements to the intersection of the South Loop Road and Tustin Ranch Road, the intersection of the South Loop Road and Warner Avenue, and the extension of the South Loop Road north of Warner Avenue to create a new intersection at the on- and off -ramps from the southbound Jamboree Road to Warner Avenue, including any necessary right-of-way acquisition and replacement of private improvements within the affected rights-of- way, and construction of a new driveway on the east side of the South Loop Road to serve the existing Single Room Occupancy (SRO) development in the City of Irvine adjacent to the proposed project, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.5 The applicant shall design and construct the full -width improvements of Warner Avenue from its current terminus west of Jamboree Road to Tustin Ranch Road, including obtaining all necessary right-of-way acquisition and improvements in the City of Irvine to accommodate the realignment and widening of existing Warner Avenue and Jamboree Road ramps, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.6 The full width improvements of the roadways listed in Conditions 3.2 through 3.5 shall include all master planned systems including the street, bikeways (Class I and Class II), street lighting, traffic signals, bus turn -outs, domestic water lines, gas, storm drainage, telephone, electricity, cable TV, sewage and reclaimed water, telemetry and any necessary telecommunication systems and as shown in the Specific Plan and/or Irvine Ranch Water District Sub Area Master Plan for Tustin Legacy, and/or as approved by the City and responsible private utility purveyors. Intersection enhancements shall include the creation or extension of left -turn lanes, additions or modifications of signal apparatus including loops and interconnects, striping modifications as necessary and restoration of landscape medians, any necessary relocation of Southern California Edison transmission lines within Barranca Parkway medians impacted by left -turn enhancements or median modifications, all of which shall be carried out in accordance with City standards. The applicant shall also include the design and Exhibit A Resolution No. 04-74 TTM 16695 Page 11 construction of dry utility conduits for future City use in the backbone system throughout the project. (1) 3.7 The applicant shall design and construct curb and gutter improvements on Jamboree Road adjacent to the project site and design and install landscape improvements in the area behind the curb within the public right-of-way area. Sidewalk improvements at the northwest corner of Jamboree Road/Barranca Parkway shall terminate at the north curb return area along Jamboree Road. (1) 3.8 The applicant shall design and construct traffic signals at the intersections of Barranca Parkway and Tustin Ranch Road, at the intersection of Tustin Ranch Road and South Loop Road, at the intersection of Tustin Ranch Road and Warner Avenue, at the intersection of the South Loop Road and Warner Avenue, at Barranca Parkway and Milliken Avenue, and at the intersection of South Loop Road and the Warner Avenue Ramps at Jamboree Road. Additional traffic signals and measures may be required as determined necessary by the Director of Public Works, which will be Developer requirements, but will not be included in the Tustin Legacy Backbone Infrastructure Program Improvements, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.9 The applicant shall design and construct the interim and ultimate Warner Avenue extension from Tustin Ranch Road to east of Construction Circle in the City of Irvine, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.10 The applicant shall design and construct the 18 -inch brine water line in South Loop Road, Warner Avenue, and Tustin Ranch Road in accordance with the IRWD's master plan for the facility, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.11 The applicant shall design and construct the concrete box culvert for Barranca Channel from west of Tustin Ranch Road to the south side of Barranca Parkway east of Von Karman Avenue at the existing open channel locations and lower the existing Metropolitan Water District 72 -inch water main and provide transition structures to the existing open channel (upstream and down stream), consistent with DDA 04-02 and Condition 3.16 herein. The applicant shall be responsible to obtain all necessary permits from all applicable agencies, including but, not limited to: the Orange County Flood Control District (OCFCD), the Army Corps of Engineers, Metropolitan Water District (MWD), etc. Exhibit A Resolution No. 04-74 TTM 16695 Page 12 (1) 3.12 The applicant shall design and construct the removal and replacement of the existing 72 -inch RCP with a minimum 84 -inch RCP or hydraulic equivalent in Barranca Parkway from the San Joaquin Channel to the vicinity of Construction Circle in the City of Irvine, consistent with DDA 04-02 and Condition 3.16 herein. (1) 3.13 The applicant shall design and construct the minimum 114 -inch RCP or hydraulic equivalent in Warner Avenue as shown in the Tustin Legacy Runoff Management Plan (ROMP). (1) 3.14 Prior to approval of the final map or issuance of permits, the applicant shall provide security for the estimated Tustin Legacy Backbone Infrastructure Improvement costs. The applicant may provide the following forms of security: letter of credit, surety bond, or cash deposit as identified in DDA 04-02. (1) 3.15 The applicant shall design and construct all transitional components of the Tustin Legacy Backbone Infrastructure Program that are determined by the City, in its sole discretion, to be necessary to construct and operate the project, protect the public health and safety and/or ensure logical and orderly future phasing of Tustin Legacy Backbone Infrastructure, which are to be connected to the applicant's backbone improvements, consistent with DDA 04-02 and Condition 3.16 herein, including, but not limited to, such items as roadway striping and signing and modifications to traffic signals, curbs and gutters, and medians. (***) 3.16 In the event that City of Irvine approvals or property owner acquisition approvals within the City of Irvine cannot be obtained after a good faith effort by the applicant, as determined by the City, an alternative design shall be required. Such alternative design shall be subject to review and approval by the Tustin Director of Public Works and shall be designed and completed by the applicant within the timeframes for construction required by the Tustin Director of Public Works and the Final EIS/EIR, provided that so long as the applicant has received and complied with all City entitlement approvals, the failure of the applicant to secure City of Irvine approvals or approvals of affected property owners in the City of Irvine for the street widening design shall not affect the applicant's ability to secure from the City required permit approvals for the project, including but not limited to, site and building permits, inspections, and Certificates of Use and Occupancy for the project. Exhibit A Resolution No. 04-74 TTM 16695 Page 13 PUBLIC AND PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 4.1 Storm drain improvements shall include the construction of the San Joaquin storm drain at a capacity and in a location approved by the Tustin Director of Public Works. The applicant shall identify how storm water is being redirected from the San Joaquin Channel (F06P06) to the proposed location. The applicant shall obtain the necessary approvals and permits from the applicable regional resource agencies for work within the respective agencies to relocate the San Joaquin Channel. Design and construction of facilities replacing the San Joaquin Channel shall be constructed in the first phase of development as identified in DDA 04-02. (1) 4.2 Traffic signals and control devices for South Loop Road (public) and Milliken Drive (private) shall be designed and installed as identified in the approved traffic analysis for the project. Installation of these improvements shall be completed within the first phase of development as identified in DDA 04-02. (5) 4.3 Prior to approval of the final map, the subdivider shall be required to execute bonds or pay fees for horizontal and vertical public infrastructure improvements. (3) 4.4 Prior to the issuance of precise grading permits, infrastructure construction plans, as prepared by a California Registered Civil Engineer, shall be required for all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3922 and DDA 04-02 and shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks and pathways shall comply with the provisions of the American with Disabilities Act; C. Drive aprons; D. Signing/striping plan; Exhibit A Resolution No. 04-74 TTM 16695 Page 14 E. 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; F. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the Orange County Flood Control District; G. 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); H. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Irvine Ranch Water District (IRWD). These facilities shall be consistent with the standards of the Irvine Ranch Water District; Underground utility connections: All utility lines shall be placed underground by the developer; J. Fire hydrants; K. Demolition/removal of utilities in accordance with the demolition/severance plan required by other Conditions 2.1, 2.2, and 2.3 of Resolution No. 3922; L. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities; and, Exhibit A Resolution No. 04-74 TTM 16695 Page 15 (3) 4.5 Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, shall be required for the following private improvements: A. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern California Edison; B. Landscape/irrigation; C. Trash facilities; the applicant shall provide commercial trash collection and obtain approval from the Engineering Division for the location, size, and trash enclosures. COORDINATION WITH AFFECTED AGENCIES (1) 5.1 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. B. The applicant shall obtain permission from affected property owners for any work located on adjacent properties or LIFOC parcels, including the Army Reserve and Department of Navy. The applicant shall request permission or approvals from the Army Reserve and Department of Navy through the City of Tustin and ensure that a City representative is present during all meetings and discussions with Department of Navy or Army Reserve personnel. C. The applicant shall obtain all approvals and permits from the applicable municipal agencies for work within the agencies' City limits. All infrastructure improvements in the City of Irvine shall be coordinated with the City of Irvine and shall comply with Irvine's applicable standards. D. The applicant shall obtain all approvals and permits from the applicable Regional Resource Agencies including, but not limited to: the Orange County Flood Control District (OCFCD), the Army Corps of Engineers, the California Department of Fish and Game, the California Regional Exhibit A Resolution No. 04-74 TTM 16695 Page 16 Water Quality Control Board, etc. for work within the open channels. E. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. F. The applicant shall obtain written approval and/or permits from the applicable utility companies. (1) 5.2 The applicant shall coordinate the design and construction of all the dry utilities with the Master Developer and the utility providers. Separate plans shall be prepared for any Tustin Legacy Backbone Improvements as noted in Condition 2.2 herein and localized improvements. The applicant shall also include the design and construction of dry utility conduits for future City use in the backbone system throughout the project. DEDICATIONS/RESERVATIONS/EASEMENTS (5) 6.1 Upon the Department of Navy's release of the Lease In Furtherance of Conveyance (LIFOC) parcels, the applicant shall process the necessary documents to remove and/or merge lots, consistent with the parcel groupings in DDA 04-02 identified for conveyance. (1) 6.2 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. The locations and dimensions of all existing and proposed easements shall be shown on the plans. All storm drain and utility easement widths shall be dimensioned and labeled on the map. (1) 6.3 Reciprocal ingress and egress, parking, and pedestrian access shall be provided between all lots. (1) 6.4 1 The applicant shall be required to enter into a landscape maintenance agreement with the City of Tustin for all parkway improvements within public rights-of-way. Exhibit A Resolution No. 04-74 TTM 16695 Page 17 CC&RS (1) 7.1 Prior to City approval of the first final map pursuant to DDA 04-02, the applicant shall prepare a Declaration of Covenants, Conditions, and Restrictions in form and content satisfactory to City that restricts the use of the property to the uses described in Disposition and Development Agreement 04-02 between the City of Tustin and Vestar Development Company, which is incorporated in full herein by this reference and requires the applicant, its successors or assigns to comply with all provisions of DDA 04-02 until a Notice of Completion, as defined in DDA 04-02, has been issued. The Declaration shall be recorded against all the real property covered by the Tentative Tract Map. The City shall be named as a party entitled to enforce the Declaration. The organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&Rs shall include, but not be limited to, the above use restrictions and the following provisions: A. All applicable requirements of DDA 04-02. B. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. C. Provisions for reciprocal ingress and egress, parking, and pedestrian access shall be provided between all lots. D. Provisions for effective establishment, operation, management, use, repair, and maintenance of all exterior areas and facilities, including landscaped areas, private and public walkways and hardscape, parking areas, and drive aisles. E. Design guidelines shall be established so that architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, signs, accessory structures such as trash Exhibit A Resolution No. 04-74 TTM 16695 Page 18 enclosures, service areas, outdoor furniture, and exterior mechanical equipment, consistent with the Tustin City Code and the MCAS Tustin Specific Plan. E. Maintenance standards shall be provided. Minimum maintenance standards shall be included, as shown below. 1. All landscaping materials 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. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, drive aisles, and sidewalks 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. All private areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. F. Property management 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. G. All utility services serving the site shall be installed and maintained underground. I. The property management 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. J. No amendment to alter, modify, terminate, or change the association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in Exhibit A Resolution No. 04-74 TTM 16695 Page 19 which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. ENVIRONMENTAL MITIGATION (1) 8.1 All mitigation measures related to the tentative tract map required by the adopted Mitigation Monitoring Program for the MCAS Tustin Reuse Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring Program for the project, identified in this exhibit, in other project entitlements, or in DDA 04-02, shall be implemented. The following measures that are not listed otherwise as conditions of approval shall be implemented: A. Prior to issuance of building permits for phased projects, the project developer shall submit a construction phasing plan to the OCFA demonstrating that emergency vehicle access is adequate. B. Based on consultations with CDFG, City of Tustin, or project proponent as applicable, an off-site relocation site for southwestern pond turtles captured on-site shall be identified that is as close to the reuse plan area as possible, and that is sustainable in perpetuity. (No appropriate habitat in the City of Tustin is available for relocation.) Potential relocation sites include, but are not limited to, an old pond (currently thought dry) located in upper Shady Canyon within the Orange County Nature Preserve that could be improved or restored to serve as a relocation site; or San Joaquin Marsh, which is managed by UC Irvine, Irvine Ranch, and the Orange County Water District. Some property owners and public agencies may be adverse to the relocation of species of special concern onto their property or jurisdiction, and it would be speculative to identify actual sites prior to completion of consultation with CDFG and with potential property owners and/or appropriate public agencies. C. Permits from the CDFG shall be obtained for live capture of the turtles and for transporting them to the relocation site. D. An agreement shall be negotiated with the CDFG, City of Tustin, project proponent, or other agency or organization Exhibit A Resolution No. 04-74 TTM 16695 Page 20 as appropriate, for contribution of funds to improve, restore, or create the relocation site as turtle habitat. FEES (1) 9.1 Prior to final map approval, the applicant shall submit Tustin Legacy Backbone Infrastructure Program fees as required by DDA 04-02. (1) 9.2 The applicant shall submit fees for the review of the draft covenants, conditions, and restrictions in accordance with the most recently adopted fee schedule. (1) 9.3 The applicant shall all pay fees required pursuant to City and outside agency requirements as identified in Resolution No. 3922. (1) 9.4 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.