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HomeMy WebLinkAboutCC RES 17-57RESOLUTION NO. 17-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 18125 AND DESIGN REVIEW 2017-012 FOR THE SUBDIVISION AND DEVELOPMENT OF 218 RESIDENTIAL CONDOMINIUM UNITS ON LOT 19 OF TRACT 17404 WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G OF THE TUSTIN LEGACY SPECIFIC PLAN The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application has been submitted by CalAtlantic Inc. for the development of 218 residential condominium units, a community facility and other neighborhood amenities on an approximately 20 -acre site, Tract 17404 — Lot 19, currently owned by the City of Tustin within Planning Area 15 of the Tustin Legacy Specific Plan. B. That the development application includes the following requests: 1. Tentative Tract Map (TTM) 18125 to subdivide an approximately 20 -acre 3 site into eight (8) numbered lots and two (2) lettered lots for the development of 218 residential condominium units, a community facility, and other neighborhood amenities. 2. Design Review (DR) 2017-012 for the design and site layout of a residential condominium community including 57 single family detached units, 60 flats, 101 townhomes, a community facility, and other neighborhood amenities. C. That the site is zoned as Tustin Legacy Specific Plan (SP 1) within Planning Area 15 of Neighborhood G; and designated as MCAS Tustin by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. D. That a public hearing was duly called, noticed, and held on said application on November 28, 2017, by the Planning Commission. The Planning Commission adopted Resolution No. 4356, recommending that the City Council approve TTM 18125 and DR 2017-012. E. That a public hearing was duly called, noticed, and held on said application on December 19, 2017, by the City Council and that the City Council continued the item to January 16, 2018. Resolution No. 17-57 Page 1 of 6 F. That Tustin Legacy Specific Plan Section 4.2.7 requires all private development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC. In compliance with Tustin City Code (TCC) Section 9611, the Tustin Planning Commission must make a recommendation on the proposed DA to the City Council. The DA can be supported by the following findings: 1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Tustin Legacy Specific Plan in that residential uses are permitted uses within Planning Area 15 of Neighborhood G. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 15) in that similar and compatible uses are envisioned within the close proximity of the project site 3. The project is in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project would provide three (3) product types within the 218 new housing units for new and existing Tustin residents thereby providing additional options for housing to the City's housing stock. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the Tustin Legacy Specific Plan, TCC, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed DA and conditions of approval will ensure that the project will have a positive fiscal impact on the City. G. As conditioned, the TTM 18125 will be in conformance with the Tustin Area General Plan, Tustin Legacy Specific Plan, State Subdivision Map Act and the City's Subdivision Code as follows: 1. That the site is located in Planning Area 15 (Tract 17404 — Lot 19) of the Tustin Legacy Specific Plan, which is designated for Residential Core of Tustin Legacy Specific Plan and that the Resolution No. 17-57 Page 2 of 6 proposed development as conditioned will be physically suitable for the type of development and proposed density of development; 2. The developer will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at Tustin Legacy, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities and; utility backbone systems; 3. That the proposed subdivision would not have an impact on school district facilities within the Tustin Unified School District (TUSD) in that school impacts for development were considered in the MCAS Reuse Plan which identified school facility sites that will be conveyed to the TUSD by the Federal Department of Education or the City of Tustin to serve development of property at Tustin Legacy. The Tustin Legacy Specific Plan, the Final Joint Program Environmental Impact Statement / Environmental Impact Report (FEIS/EIR), Final Supplemental Environmental Impact Report (FSEIR), and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the TUSD prior to issuance of certificates of use and occupancy, which will be collected prior to issuance of building permits in accordance with the City's procedures; 4. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 5. The proposed subdivision is not located within a 100 -year flood plain according to the Federal Emergency Management Agency map for the area (2009); 6. To ensure there is adequate infrastructure to support buildout of the project, construction of all public infrastructure and in -tract private streets and utility systems is required within the initial phases of development and in accordance with the approved phasing plan; and 7. That the Building Official has considered and approved deviations to Construction Standards for Private Streets, Storm Drain and On- site Private Improvements to allow modified private street sections, Resolution 17-57 Page 3 of 6 modified on -street parallel parking spaces, flared and shed curb and gutter within private streets and drives instead of typical 6 -inch curb and gutter standard. That the proposed deviations are consistent with the intent of the established standards and the Tustin Legacy Specific Plan. H. Pursuant to the Tustin Legacy Specific Plan and Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. I. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplements is a program EIR under the California Environmental Quality Resolution No. 17-57 Page 4 of 6 Act (CEQA). The FEIS/EIR, Addenda and Supplements considered the potential environmental impacts associated with development on the former MCAS, Tustin. An Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The City Council hereby approves TTM 18125, and DR 2017-012 (Tract 17404 — Lot 19), subject to the conditions attached hereto as Exhibit B. PASSED AND ADOPTED by the City Council of the City of Tusti, at a regular meeting on the % 16th day of January, 2018. 1 `/A ELVVYN A\ MURRAY, Mayor ATTEST: #4 � ERICA N. RABE, City Clerk Resolution 17-57 Page 5of6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 17-57 I, ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 17-57 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of January, 2018, by the following vote: COUNCILMEMBER AYES: Mur ray , Puckett, Bernstein, Clark (4 ) COUNCILMEMBER NOES: Gomez (1 ) COUNCILMEMBER ABSTAINED: (0 ) COUNCILMEMBER ABSENT: (0 ) ERICA N. RABE, City Clerk Resolution No. 17-57 Page 6 of 6 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 The following checklist takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Disposition and Development Agreement for Disposition Parcel 6B, Design Review 2017-012, Development Agreement 2017-001, and Tentative Tract Map 18125 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Edmelynne Hutter Phone: (714) 573-3174 Project Location: Disposition Parcel 6B is an area bounded by future Moffett Drive to the north, Park Avenue to the east, Victory Road to the south, and Tustin Ranch Road to the west within Planning Area 15 of Neighborhood G, Tustin Legacy Specific Plan (MCAS Tustin). Project Sponsor's Name and Address: CalAtlantic Inc. c/o Ms. Crystal Burckle 15360 Barranca Parkway Irvine, CA 92618 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: Tustin Legacy Specific Plan Project Description: Design Review 2017-012, Development Agreement 2017-001, and Tentative Tract Map 18125 for the purpose of developing 218 residential condominium units comprising of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two- and three-story attached flats and common areas such as paseos, swimming pool area and outdoor barbeque and necessary infrastructures and street system to support the proposed development. Surrounding Uses: North: Vacant land East: Residential South: Residential West: Vacant land B. C. Previous Environmental Documentation: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December. 6, 2004, the City Council adopted Resolution No, 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. On May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR in conjunction with Specific Plan Amendment 2016-01 (Ordinance 1482) for the Tustin Legacy Specific Plan (formerly MCAS Tustin Specific Plan). The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. 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. d Use and Planning ulation and Housing logy and Soils lrology and Water Quality Quality isnortation & Circulation UBiological Resources ❑Mineral Resources ❑Agricultural Resources 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. i Preparers Date: —201 Edmelynne . Hutter, Senior Planner - Planning Date l! .&1 Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached EVALUATION OF ENVIRONMENTAL IMPACTS L 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? ID. AIR OU�I(TY: 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 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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? 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? VL 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 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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. GREENHOUSE GAS EMISSIONS: Would the project: a) • Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the ❑ ❑ environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of ❑ ❑ greenhouse gases? VIII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of ❑ ❑ hazardous materials? 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? 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? IX. HYDROLOGY AND WATER OUALITY: — 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? No ,Substantial .New More Change From Sign cant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ►Z� i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X. LAND USE AND PLANNING —Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Xl. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XII.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 groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) ' A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis Q ❑ ED ❑ ❑ 0. ❑ ❑ ❑ ❑ ED ❑ ❑ 0. ❑ ❑ ED ❑ ❑ 0. ❑ ❑ M. ❑ ❑ 0. ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ►�� No Substantial .New More Change From Significant Severe Previous Impact Impacts Analysis XIII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ❑ ❑ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ❑ ❑ XIV. PUBLIC SERVICES a) Would the projectresult insubstantial 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? ❑ ❑ XY, RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ❑ ❑ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ XVI. TRANSPORTATION/TRA1R'FIC —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 (Le. 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)? XVII. UTILITIES AND SERVICE SYSTEMS — Would the project; a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? t) Be served by a landfill with. sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ►64 ro ■ ■ ►�� j 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 ❑ ❑ EVALUATION OF ENVIRONMENTAL IMPACTS Development Agreement 2017-001, Design Review 2017-012, and Tentative Tract Map 18125 PREVIOUS ENVIRONMENTAL DOCUMENTATION On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. On May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR in conjunction with Specific Plan Amendment 2016-01 (Ordinance 1482) for the Tustin Legacy Specific Plan (formerly MCAS Tustin Specific Plan), The FEIS/EIR, along with its addendums and supplements, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addendums and supplemental considered the potential environmental Impacts associated with development on the former Marine Corps Air Station, Tustin. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The FEIS/EIR, Addendums and Supplement analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the Tustin Legacy Specific Plan (referred to in this document as the Specific Plan), The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and City of Irvine must take to implement the Tustin Legacy Specific Plan. The Tustin Legacy Specific Plan proposed and the FEIS/EIR analyzed a multi-year development period for the planned urban reuse project (Tustin Legacy). When 'Individual discretionary activities within the Specific Plan are proposed, the lead agency is required to examine the individual activities to determine if their effects were fully analyzed in the FEIS/EIR. The agency can approve the activities as being within the scope of the project covered by the FEIS/EIR, If the agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent EIR is required. PROJECT LOCATION The project site is approximately 20 gross acres located within the Tustin Legacy Specific Plan (Tustin Legacy) boundaries affecting Disposition Parcel 613. The project site is bounded by future Moffett Drive to the north, Park Avenue to the east, Victory Road to the south, and Tustin Ranch Road to the west within Planning Area 15 of Neighborhood G, Tustin Legacy Specific Plan. PROJECT DESCRIPTION Design Review 2017012, Development Agreement 2017-001, and Tentative Tract Map 18125 are development applications to construct 218 residential condominium units comprising of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two- and three-story Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 2 attached flats and common areas including paseos, swimming pool area and outdoor barbeque. The site is bounded by future Moffett Drive to the north, Park Avenue to the east, Victory Road to the south, and Tustin Ranch Road to the west. The proposed project requires approval of a Tentative Tract Map, Design Review and Development Agreement, The project has been designed to enhance livability by integrating three (3) distinctive housing styles as follows: Fleet is the smallest home type and is bordered by Moffet Drive on the north, Tustin Ranch Road on the west and Victory Road on the south. There are 101 row and court townhomes ranging from 1,371 to 2,144 square feet with 2-4 bedrooms. There are five (5) residential units in the row townhome condominums and ten (10) residential units in the court townhome condominiums. Velocity consists of motorcourt flats and is located on the Interior of the project site and bordered by the Icon and Fleet models. There are 60 motorcourt flats which are 1,485 to 2,966 square feet with 2-3 bedrooms. Each building consists of 10 units. The swimming pool and open space areas are located within this portion of the project site. Icon is the largest home type and is bordered by Moffet Drive on the north, Park Avenue on the east, and Victory Road on the south. There are 57 single-family detached cluster -style condominiums and 1,957 to 2,688 square feet in size and are 3-4 bedrooms. Generally the applications can be described as follows: • Disposition and Development Agreement for Disposition Parcel 613: The Disposition and Development Agreement for Disposition Parcel 6B (DDA) is the agreement between the applicant and the City specifying the City's intent to sell the project site property and the applicant's intent to buy and develop the proposed project on the site. • Development Agreement 2017-001: Pursuant to Section 4.2.7 of the Tustin Legacy Specific Plan, prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private development shall first obtain a Development Agreement in accordance with the State's Government Code and Tustin City Code. The purpose of the Development Agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce economic risk if development. Accordingly, Cal Atlantic has submitted a Development Agreement to augment and further the purpose and intent of the General Plan and Specific Plan, and Final EIS/EIR and will ensure the orderly implementation of infrastructure and development. The Development Agreement also includes schedule of performance, obligations, and phasing triggering mechanism that ensure adequate local and Tustin Legacy backbone infrastructure program are in place to support the proposed development. Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 3 • Design Review 2017-012: Pursuant to Section 4.2.2 of the Tustin Legacy Specific Plan, individual development shall require Site Plan and Design Review in accordance with the Tustin City Code. Design Review 2017-012 has been proposed for the project site planning and design. The proposed project design and site layout are consistent with the intent of the Specific Plan and complies with design review criteria prescribed in the Tustin City Code. • Tentative Tract Map 18125: The proposed Tentative Tract Map is a condominium subdivision of an approximately 20 - acre site into 8 numbered lots and 2 lettered lots for the development of 57 three-story detached homes, 101 three-story attached townhomes and 60 two to three story attached flats, and common areas such as paseos, swimming pool area and outdoor barbeque. EVALUATION OF ENVIRONMENTAL IMPACTS An Environmental Analysis Checklist has been completed and it has, been determined that this Project is within the scope of the Prior Environmental Review and that pursuant to Public Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162 and 15168(c), there are no substantial changes in the project requiring major revisions to the Prior Environmental Review, no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions to the Prior Environmental Review, or any new information which was not known and could not have been known at the time the Prior Environmental Review was certified showing that: (1) the project will have any new significant effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation measures or alternatives previously determined to be infeasible will now be feasible and would substantially reduce one or more significant effects of the project but the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation measure or alternative. Accordingly, no new environmental document is required by CEQA. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, Evaluation of E=nvironmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 4 and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan. The project is not located on a scenic highway nor will it affect a scenic vista. The development of residential units within Planning Area 15 were considered within the FEIS/EIR and will have no negative aesthetic effect on the site when mitigation measures Identified in the FEIS/EIR are incorporated with approval of the project. All exterior design is required to be in compliance with Section 3.19 — Urban Design Guidelines of the Tustin Legacy Specific Plan. The proposal includes Design Review application, which requires that the Planning Commission and City Council review and ensure the design of the project, if approved, is found to be cohesive and in harmony with surrounding uses. All exterior lighting would be designed to reduce glare, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 3.19.3d of the Tustin Legacy Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEIS/EIR, the Supplemental and Addendums. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to aesthetics. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mkigation/Monitoring Required., no new impacts or substantially more severe aesthetic impacts would result from the adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for aesthetics and visual quality. No refinements related to the Project are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendums and Supplemental; and applicable measures will be required to be complied with as conditions of entitlement approvals for future development of the site. Sources: Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-58 through 3- 67) Tustin Legacy Specific Plan (Pages 5-35 through 5-68) Tustin General Plan 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: Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 5 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 proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan. As documented in the FEIS/EIR, the project site is part of Tustin Legacy Specific Plan that contained 702 acres of farmland. The FEIS/EIR concluded that there would be no viable longterm mitigation to off -set the impact of converting farmland on MCAS Tustin to urban uses. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard. to agricultural resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. MidgationlMonitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-83 through 3-87, 4-109 through 114) and Addendums (Page 5-3 through 5-8) Tustin Legacy Specific Pian (Pages 5-43 through 5-47) Tustin General Plan III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied 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? Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 6 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan. As documented in the FEIS/EIR, the project is part of a larger reuse project at Tustin Legacy that was projected to result In air quality impacts that cannot be fully mitigated. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. The site is presently not in use. The project applicant proposes to construct within the maximum allowable residential units in Planning Area 15 of the Tustin Legacy Specific Plan. Therefore, no significant impact beyond what was analyzed in the adopted FEIS/EIR is anticipated. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section .15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to air quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or altematives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required: Speck mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through 153, 4-207 through 4-230 and pages 7-41 through 7-42) FSEIR for Tustin Legacy Speck Plan Amendment (Pages 5.1-1 through 5.1-32) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Table 2, 1993 South Coast Air Quality Management District, CEQA Air Quality Handbook Tustin General Plan IV, BIOLOGICAL RESOURCES: -Would the project: Evaluation of Environmental Impacts DA 2017-001, DR 2017.012, and TTM 18125 Page 7 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? Q Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story, attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Speck Plan. The FEIS/EIR found that implementation of the Reuse Plan and Tustin Legacy Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR, the Supplementals and Addendums for MCAS Tustin, The FEIS/EIR determined that implementation of the Reuse Plan and Tustin Legacy Specific Plan (including the proposed project) could impact jurisdictional waters/wedands and the southwestern pond turtle or have an impact on jurisdictional waters/wetlands. The project site has been surveyed, and turtles were captured and moved off the site to another location as directed and overseen by the California Department of Fish and Game. Since that time, all former Marine Corps base drainage channels in the area were removed and graded by the former owner of the property with the required 401, 404 and 1601 permits issued by Fish and Game, Army Corps of Engineers, and Regional Water Quality Control Board. Consequently, the proposed project would not affect the southwestern pond turtle or have an impact on jurisdictional waters or wetlands. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to biological resources, Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 8 Project is undertaken that require major revisions of the previous FEIS/EIR due to the Involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monkoring Required., No mitigation is required. 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) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan V. CULTURAL RESOURCES: -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? 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? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan. It should be noted that the former MCAS Tustin contained two National Register listed blimp hangars, and several concrete or asphalt blimp landing pads that were considered historically or culturally significant, pursuant to the federal Section 106 process conducted at the site. Through the Section 106 process, these facilities were identified as part of a discontiguous Historic District. The Navy, State Office of Historic Preservation (SHPO), and Advisory Council executed a Memorandum of Agreement (attached as part of the EIS/EIR) with City of Tustin and County of Orange as invited signatories that allowed for the destruction of the blimp pads. The EIS/EIR noted that it may not be financially feasible to retain the blimp hangars and there may be irreversible significant impacts. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Consistent with the above referenced agreement, the previous owner of the property removed the blimp pad from the project site and leveled the property. However, no portion of the previously existing blimp landing pads nor the existing blimp hangars are located within the project site boundary. Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. Although one archaeological site (CA -ORA -381) has been recorded within the Reuse Plan area, it is believed to have been destroyed. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by grading and construction activities. With the inclusion of Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 9 mitigation measures that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to cultural resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. MitlgatiorVWnftoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan VI, GEOLOGY AND SOILS: — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? •' Seismic -related ground failure, including liquefaction? • Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 10 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Speck Plan area. The proposed use is consistent with the approved Specific Plan. The FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and Tustin Legacy 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 also concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. No substantial change is expected for development of the project from the analysis previously completed in the FEIS/EIR for MCAS Tustin, Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to geology and soils. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously Identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required.- As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources. Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3- 97, 4-115 through 4-123 and 7-28 through 7-29) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan VII, GREENHOUSE GAS EMISSIONS: —Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 11 The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan, which also areas for commercial, retail and institutional uses. These uses currently generage greenhouse gas emissions from natural gas used for energy, heating and cooking, electricity usage, vehicle trips associated it heach land use areas sources such as landscaping equipment and consumer cleaning products from water demand, wastewater generation and solid waste generation. The FEIS/EIR did not evaluate greenhouse gas (GHG) emissions impacts because, prior to SB 97, which went into effect January 1, 2010, it was not included in the CEQA Guidelines Appendix G checklist and the City of Tustin did not have adopted thresholds at the time of preparation. The City has prepared the Final Supplemental EIR (FSEIR), which was adopted in June 2017 in conjunction with the Tustin Legacy Specific Plan Amendment (Modified Project). The FSEIR analyzed the MCAS Tustin Specific Plan (Adopted Specific Plan) would have generated GHG emissions at levels that would exceed the thresholds established by Southern California Air Quality Management District. The FSEIR concluded that the Modified Project would contribute to global climate change through direct emission of GHG from onsite area sources and vehicle trips and indirectly through offsite energy production required for onsite activities, water use and waste disposal. However, the Modified Project would generate GHG emissions at a reduced rate than the rate GHG emissions would have been produced under the Adopted Specific Plan. Mkigatiori/Monitoring Required Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FSEIR for Tustin Legacy Specific Pian Amendment (Pages 5,2-1 through Pages 5.2-29) Tustin Legacy Specific Plan (Pages 5-34 through 5.68) Tustin General Plan VIII, HAZARDS AND HAZARDOUS MATERIALS: — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions Involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would It create a significant hazard to the public or the environment? Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 12 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result In a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant "frisk of loss, injury or death involving wildiand fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of.the Tustin Legacy Specific Plan area. The 'proposed use is consistent with the approved Specific Plan. The project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. In addition, construction and residential uses would not emit hazardous emissions within a quarter mile of an existing or proposed school. The Navy conveyed the property in 2002 as unrestricted and suitable for residential reuse. In addition, the project site is located within the boundaries of the Airport Environs Land Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie within a flight approach or departure corridor and thus does not pose an aircraft -related safety hazard for future residents or workers. The project site is also not located in a wildland fire danger area. Compliance with all federal, state and ' local regulations concerning handling and use of household hazardous substances will reduce potential impacts to below a level of significance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hazards and hazardous materials. Specifically, there have not been. (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the Involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant envSronmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. MitigationlMo0oring Required. As identified in the FEISIEIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources. Field Observation Evaluation of. Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 13 FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3- 117, 4-130 through 4-138 and 7-30 through 7-31) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Finding of Suitability to Transfer (FOST), MCAS Tustin Tustin General Plan, Vill. 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 them would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Q Otherwise substantially degrade water quality? g)' Place housing within a 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? 1) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a- result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan. The project design and construction of facilities to fully contain drainage of the site would be required as conditions of approval of the project and submitted/approved Water Quality Management Plan, No long-term impacts to hydrology and water quality are anticipated for the proposed project. The proposed housing project will also not impact groundwater in the deep regional aquifer or shallow aquifer. The proposed project would not include groundwater removal or alteration of historic drainage patterns at the site, The project is not located within a 100 -year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 14 or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or mudflow. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified In CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hydrology and water quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. MifigatiomMonitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3- 105, 4-124 through 4-129 and 7-29 through 7-30) Tustin Legacy Specific Plan ((Pages 5-34 through 5-68) FEMA Flood Map: FIRM Panel 06059CO279J(Dec. 2, 2009) Tustin General Plan Fire Hazard Severity Zone Map (2011) IX. LAND USE AND PLANNING: Would the project: Physically divide an established community? a) Conflict with any applicable land use plan, policy, or regulation of an agency 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? b) Conflict with any applicable habitat conservation plan or natural community conservation plan? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan and Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 15 the number of dwelling units proposed by the Project is under the maximum development threshold for Planning Area 15, which contemplates the development of 2,814 dwelling units in total. The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base, such as land use designations, zoning categories, recreation and open space areas, major arterial roadways, urban design, public facilities, and infrastructure systems. On July 18, 2017, the Tustin City Council approved the Tustin Legacy Speck Plan for Tustin Legacy project area that established land use and development standards for development of the site. The proposed project complies with Planning Area 15's development standards for residential units as noted in Section 3.13.2 of the Tustin Legacy Specific Plan. Compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed Project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to land use and planning. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. fiAitigation/Morniforing Required. The proposed project is consistent with the development standards of the MCAS Tustin Specific Plan as identified by the adopted FEIS/EIR. No mitigation is required. Sources. Field Observation 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) FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.2-1 through Page 5.2-27) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 16 Specific Plan area. The proposed use is consistent with the approved Specific Plan, Chapter 3.9 of the FEIS/EIR indicates that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project will not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to mineral resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation Monitoring Required: No mitigation is required. Sources; Field Observation b FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan XI. NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase In ambient noise levels in the project vicinity above levels existing without the project? c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed project is for a development of a total. of 218 residential condominium units consisting of 57 three=story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan. Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 17 The FEIS/EIR indicates that full build -out of the base will create noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Elements of the Tustin General Plan. For interior noise, N-3 identified in the FEIS/EIR requires plans demonstrating noise regulation conformity be submitted for review and approval prior to building permits being issued. Compliance with adopted mitigation measures and state and local regulations and standards, along with established engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to noise. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project Is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mftigation/Monlforing Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation Submitted Plans 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) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.4-1 through 5.4-28) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan XII. POPULATION & HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other Infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Speck Plan area. The proposed use is consistent with the approved Specific Plan and Evaluation of Environmental Impacts DA 2017-001, DR 2017012, and TTM 18125 Page 18 the number of dwelling units proposed is under the maximum development threshold for Planning Area 15, which contemplates the development of 2,814 dwelling units in total. Additionally, the proposed project site is vacant and will not displace people or necessitate construction of replacement housing elsewhere, No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on. the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to population and housing. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplementals orAddendums were certified as completed. MftigationlMon#oring 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) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.5-1 through 5.5-15) Tustin Legacy Speck Plan (Pages 534 through 5-68) Tustin General Plan XII1. 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 proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan. The site is currently vacant. Development of the site would require public services such as fire and police protection services, schools, libraries, recreation facilities, and biking/hiking trails. Fire Protection, The proposed project will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection Evaluation of Environmental Impacts DA 2017-001, DR 2017-012,, and TTM 18125 Page 19 services to the site. The number of fire stations existing and planned in the area surrounding.the site will meet the demands created by the proposed project. Police Protection. The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Development of the .site would increase the need for police protection services. The developer as- a condition of approval for the project would be required to work with the Tustin Police Department to ensure that adequate security precautions such as visibility, lighting, emergency access, address signage are implemented in the project at plan check. Schools. The proposed project is located within Tustin Unified School District (TUSD). The Implementation of the Reuse Plan would provide two 10 -acre sites for elementary schools and a 40 -acre high school site to serve the growing student population within its district. The 2001 FEIS/EIR determined that the project would generate 1,473 students within the TUSD. The 2006 Addendum determined that the modified project would result in a reduction of 497 students within the TUSD and analyzed the impact of expanding the Heritage school by 5 acres to accommodate a combination elementary/middle school instead of the two elementary schools and one high school contemplated in the 2001 FEIS/EIR. Utilizing the 2006 Addendum student generation factors of 0.465 for K- 8 in single family detached residences and 0.219 for K-8 in attached single family homes and 0.135 for grades 9-12 in single family homes and 0.077 for grades 9-12 in single family detached homes, the project would result in 84 students within the TUSD. The FSEIR for Tustin Legacy Specific Plan Amendment (Modified Project) determined that the Modified Project would in the construction of 6,813 total residential units in the Specific Plan area, resulting in the potential addition of 1,250 students to the TUSD, The TUSD will receive its statutory school impact fees per Senate Bill 50 from the proposed residential development of the site. As a condition of approval for the project, the developer will be required to pay applicable school fees prior to issuance of the building permit. In summary, no new additional students are anticipated beyond what was considered in the FEIR/EIS for the Disposal and Reuse of MCAS, Tustin, and in any event, City required mitigation is limited by State law to requiring payment of the SB 50 school impact fees. Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only result in a library demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library and would not trigger the need for a new facility. General Imolementation Requirements: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. , The proposed project will be required to comply with FEIS/EIR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to public services. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the Evaluation of Environmental Impacts DA 2017.001, DR 2017-012, and TTM 18125 Page 20 previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. MitigatiorOWonkoring Required; Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.6-1 through 5.6-12) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? . The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed project includes common areas such as paseos, swimming pool area and outdoor barbeque as well as a pedestrian plaza which would be accessible to the residents of the project and the public as a whole. The proposed project not only provides recreational to its future community residents. Additionally, the Reuse Plan process included public conveyance of city parks and an Urban Regional Park; as such individual developers were relieved of the requirement to dedicate land for park purposes. The project is not anticipated to increase the use of other existing neighborhood or regional parks such that substantial physical deterioration of the facilities would occur or be accelerated. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to recreation. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 21 measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. MiNgatlor Monitoring 1?equlred: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57,4-56 to 4-80 and 7-21 to 7-22 Tustin Legacy Speck Plan (Pages 5-34 through 5-68) Tustin Parks and Recreation Services Department Tustin General Plan XV. TRANSPORTATIONITRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.-, bus turnouts, bicycle racks)? The proposed project is for a development of a total of 218 residential condominium units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan and the number of dwelling units proposed is under the maximum development threshold for Planning Area 15, which contemplates the development of 2,814 dwelling units in total. The 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, The FEIS/EIR and Supplements identified the trip generation resulting from implementation of the original Speck Plan and Addendum to create an overall Average Daily Trip (ADT) of 216,440 trips. The Specific Plan also established a. trip budget tracking system for each neighborhood to analyze and control the amount and intensity of non-residential development by neighborhood. The tracking system ensures that sufficient ADT capacity exists to serve the development and remainder of the neighborhood. The proposed project Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18,125 Page 22 would not exceed the trip budget analyzed in the FEISIEIR and its Supplemental and Addendums. According to the Tustin Legacy Specific Plan, a maximum of 2,814 residential dwelling units are permitted within Planning Area 15 (Neighborhood G) with an established trip budget of 38,936 ADTs. The proposed project has a total of 218 units with projected 1,614 ADTs. Given this comparison, the proposed project is well within the trip budget established for the project site. The analysis has shown that the proposed project has not resulted in new significant impacts that would require mitigation. Moreover, the proposed on-site circulation system is found to provide adequate capacity in accordance with'the performance criteria applied to the project. The City's Traffic Engineer has analyzed the proposed project and the associated trip generation and determined that it is within the traffic budget for the project site. No substantial change is expected from the, analysis previously completed in the approved FEISIEIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to traffic. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. MitigafioNMonitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation Submitted Plans FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.7-1 through Page 5.7-34) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.7-1 through 5.7-33) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 23 c) Require or result In the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed project is for a development of a total of 218 residential units consisting of 57 three-story detached homes, 101 three-story attached townhomes, and 60 two and three story attached flats within the residential core of the Tustin Legacy Specific Plan area. The proposed use is consistent with the approved Specific Plan, The FEIR/EIR analyzed residential development on the proposed site, which is consistent with the proposed project. Development of the site would require on-site improvements and off- site infrastructure improvements to utilities and roadway systems, including payment of fair share contribution related to the Tustin Legacy Backbone Infrastructure Program and construction of landscape and Irrigation on the public right-of-way Also, development of the site is required to meet federal, state, and local standards for design of wastewater treatment. The number of proposed units can be supported by the Irvine Ranch Water District for domestic water and sewer services. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS' Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to utilities and service systems. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. MitigatiorvMonitoring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations Submitted Plans 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) Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 24 FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.8-1 through 5.8-27) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Pian XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have Impacts that are Individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEIS/EIR mitigation and implementation measures approved by the Tustin City Council, the proposed project does not cause unmitigated environmental effects that will cause substantial .effects on human beings, either directly or indirectly. In addition, the proposed project does have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of the reuse and redevelopment of the former MCAS Tustin. The FEIS/EIR, the Supplemental and Addendums previously considered all environmental impacts associated with the implementation of the Reuse Plan and Tustin Legacy Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEIS/EIR. Mitigation measures were identified in the FEIS/EIR to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001, Mitigation/Monitoring Required: The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR and would be included in the project as applicable. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan CONCLUSION The summary concludes that all of the proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the Evaluation of Environmental Impacts DA 2017-001, DR 2017-012, and TTM 18125 Page 25 severity of previously Identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR on July 5, 2017 and shall apply to the proposed project, as applicable. EXHIBIT B RESOLUTION NO. 17-57 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 18125 AND DESIGN REVIEW 2017-012 GENERAL (1) 1.1 The proposed project shall be in compliance with the Tustin Legacy Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped January 16, 2018, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twenty-four (24) months. All time extensions may be considered by the Community Development Director if a written request is received within thirty (30) days prior to expiration date. (1) 1.4 Approval of project is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 The applicant shall comply with executed Development Agreement (DA) 2017-001 and associated Disposition and Development Agreement (DDA) SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION for Disposition Parcel 6B. *** 1.6 This approval shall become null and void if the associated DDA is not approved and executed. *** 1.7 Project entitlement shall not be effective until the associated DDA is adopted. FINAL TRACT MAP (1) 2.1 Preparation and recordation of a final subdivision map shall be required. (1), 2.2 Final Maps shall be based on a field survey in conformity with the (5) Professional Land Surveyor's Act. The survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line shall be monumented prior to recording the final map. (5) 2.3 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right- of-way easements; and dedication of vehicular access rights, pedestrian access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer. Dedications and easements shall be provided at no cost to the City, subject to review and approval by the Community Development Director and City Engineer. (1), 2.4 Prior to recordation of the final map, the applicant is required to execute (5) a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (1) 2.5 Prior to recordation of the final map, the applicant shall submit an 8 Y2" x 11" street address map exhibit including the site plan, footprint of building(s), and streets to the Public Works Department for review and approval. Prior to recordation of the final map, the applicant shall submit an 8 %" x 11" utility meter address map exhibit including site plan, footprint of building(s), meter locations and streets to the Public Works Department for review and approval. The exhibits shall be in Portable Document Format (PDF). (1) 2.6 Within twenty-four (24) months from tentative map approval, the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Legacy Specific Plan, Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to the State Subdivision Map Act and the Tustin Municipal Code. The Final Map shall be submitted at least ninety (90) days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 2.7 At the time of final map submittal, the applicant shall also submit two (2) copies of an up-to-date title report generated within thirty (30) days of submittal. (1), 2.9 The developer shall comply with all applicable mitigation measures (5) identified in the certified FEIS/EIR, and other agreements with the City of Tustin unless otherwise modified by this Resolution. (1), 2.10 The developer shall not oppose any future creation of a landscape and (5) lighting district for maintenance within the public right-of-way or of public parkland, or community facilities district for funding of Tustin Legacy backbone infrastructure or municipal service provision to the project site, or a future community facilities district for school purposes. BUILDING PLAN SUBMITTAL (1), 3.1 At the time of building permit application, the plans shall comply with the (3) latest edition of the California Residential Code, California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Code, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1), 3.2 All private on-site design and construction of improvement work shall be (5) designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as otherwise approved by the Building Official. Said 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, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; c. Drive aprons; d. Signing/striping plan; e. Street lighting; f. Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; g. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; h. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District (IRWD); L Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; Underground utility connections: All utility lines shall be placed underground by the developer; k. Fire hydrants; I. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. m. The applicant shall be responsible for connection of the project to new backbone utility systems. The applicant shall provide applicable easements for any new utilities on private property. 3.3 Private streets design may deviate from Street Improvement Standard No. B102 if approved by the Building Official and shown on the approved project plans. (1), 3.4 The applicant shall provide accessible routes, per CBC 2016 chapter 11 B- (3) 206, at site arrival points and within the site. (3) 3.5 Maximum area of exterior wall openings shall be based on CBC table 705.8 based on fire separation distance. (3) 3.6 New construction shall comply with California Green Building, sections 4.206.4.1 and 4.106.4.2 to facilitate future installation and use of EV chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed in accordance with California Electrical Code, Article 625. For each dwelling unit install a listed raceway to accommodate a 208/240 V branch circuit. In addition, 3 percent of the total guest parking spaces but not less than one shall be EV spaces capable of supporting future EVSE. (3) 3.7 The buildings shall comply with California Energy Code, section 110. 10, Mandatory Requirements for Solar Ready Buildings. (5) 3.8 Construction of the community recreation area and associated facilities shall be completed as part of the Initial Phase. (1), 3.9 Prior to the issuance of building permits, the applicant shall submit for (5) review and approval a photometric lighting plan showing compliance with the Tustin Security Code, which is: a. A maintained minimum one (1) foot-candle of light on the private drives and parking surfaces. b. A maintained minimum of one-quarter (0.25) foot-candle of light on the walking surfaces. *** 3.10 The lighting plan shall be overlaid onto a tree plan. (1), 3.11 At plancheck submittal, the applicant shall show that the project is in (5) compliance with TCC Section 8104(r) regarding "Emergency responder radio coverage," as amended in Ordinance No. 1475. Prior to issuance of the Certificate of Occupancy, the applicant/developer shall provide evidence that the project is in compliance with TCC Section 8104(r), as amended. (1), 3.12 At plan check submittal, a complete hydrology study and hydraulic (5) calculations shall be submitted to the City for review and approval. (1), 3.13 The applicant shall provide a Geotechnical Report, Pavement Analysis, (5) and Design Report for all required Tustin Legacy Backbone Infrastructure, Local Infrastructure and Private Infrastructure improvements required in the Tentative Tract Map. DESIGN AND ARCHITECTURE (4) 4.1 At building plan check, building elevations visible from Moffett Drive, Park Avenue, Tustin Ranch Road and Victory Road shall have enhanced elevations consistent with the approved DR 2017-012 in terms of color and material, architectural articulation and architectural projections, etc. to the satisfaction of the Community Development Department. (1) 4.2 All exterior colors, textures and materials shall be consistent with the approved Design Review. Specifications on colors, materials, and textures shall be noted in construction plans and subject to review and approval by the Community Development Department. **"r 4.3 Final material samples and colors shall be provided at plan check submittal. (1), 4.4 All mechanical and electrical fixtures and equipment, including roof -top (4) equipment, shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.5 Walls along the private open space for the single family detached units, when located within the required building setback adjacent to Moffett Avenue, Park Avenue and Victory Road, shall be maximum height of three (3) feet as measured from the private open space area. (4) 4.6 Roof drains and downspouts shall be minimally visible from the public streets. *** 4.7 The applicant shall submit a master sign plan for City review and approval. The master sign plan shall incorporate a design theme compatible with the building architecture and Tustin Legacy branding, and include directional and wayfinding signs. (1), 4.8 Signage monumentation identifying the residential community tract shall (5) include the words "At Tustin Legacy" for continuity of the Tustin Legacy branding. (1) 4.9 Signage shall be installed under separate permit and approval. LANDSCAPE/HARDSCAPE (6) 5.1 At plan check, the applicant shall provide complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: a. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. Shrubs should be a minimum of five (5) gallon size and be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department.. e. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. f. Equipment areas shall be screened with walls, vines, and/or trees, subject to review and approval of the Community Development Department. g. Landscape along Streets A and B, adjacent to the single family detached units, shall be designed to have layers in vegetation height to effectively screen the 6 -feet high privacy walls. h. On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (1) 6.2 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. (5) 6.3 The landscape plans shall note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. (4) 6.4 Landscape layering of varying heights shall be provided in front of the proposed 6 -feet high composite wood entry walls for the Single -Family Detached cluster homes along the entry streets, subject to the review and approval of the Community Development Department. (1), 6.5 Turf is unacceptable for grades over 25 percent. A combination of planting (6) materials shall be used. On large areas, ground cover alone is not acceptable. (1), 6.6 All plant materials shall be installed in a healthy vigorous condition typical (6) to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 6.7 Landscape adjacent to the right-of-way shall be in compliance with the requirements of Tustin Legacy Specific Plan. (6) 6.8 Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 7.1 Prior to OCFA clearance of a final map, the applicant shall: a. Submit a Fire Master Plan for OCFA review and approval. (Service Code PR145) b. Submit, for OCFA review and approval, the Final Tract Map after approval of the Fire Master Plan. (Service Code PR115) (5) 7.2 Prior to issuance of a building permit, the applicant shall obtain OCFA approval for underground piping for private hydrants. (Service Code PR470-PR475i) (5) . 7.3 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire sprinkler system. (Service Code PR430-PR455) (5) 7.4 Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. (5) 7.6 After installation of required fire access roadways and hydrants, the applicant shall request and receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. USE RESTRICTIONS *** 8.1 The project shall include 218 units, including 57 single family detached; 60 motorcourt flats; 101 row and court townhome units; and a community facility park that is privately owned but accessible to the public except the fenced area as depicted in the approved site plan. 8.2 Power receptacles shall be provided at the community facility including the swimming pool and barbeque areas. (4), 8.3 All parking spaces within the project site shall be maintained as shown on *** the approved "Site Plan". Any changes to the number, location, or size of l parking spaces shall be reviewed and approved by the Director of Community Development. 8.4 There shall be a minimum twelve (12) unassigned surface parking spaces within the development to satisfy parking requirements for the twelve (12) townhome units designed with tandem garage spaces. These unassigned surface parking spaces shall be permanently maintained at the development site. *** 8.5 Individual trash bin service may be provided on the site. Trash bins shall be placed only in the locations identified on the approved "Trash Pick-up Plan" after 7:00 a.m. on the regularly scheduled trash collection day and shall be removed by 7:00 p.m. on the same day. (1) 8.6 Any outdoor storage during grading or building stages shall be approved by the Community Development Director. (1) 8.7 Unless otherwise agreed by the City in its sole discretion, the property within the tract or any street or sidewalk or drive (alleyway) thereon shall not be privately gated; provided however, that any swimming pool and/or spa facility within the community facility area and any private indoor common area improvement, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. (5) 8.8 Design and construction of all on-site and off-site developer required public infrastructure and in -tract private streets and utility systems shall be constructed within the initial phase of development in accordance with the approved Phasing Plan. Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. NOISE (1) 9.1 At plan check, an updated noise analysis shall be provided to ensure compliance with the Tustin Noise standards. *** 9.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. Prior to issuance of Certificate of Occupancy, the units shall by analyzed and certified for compliance with the City's Noise standards. WATER QUALITY MANAGEMENT PLAN (1), 10.1 This development shall comply with all applicable provisions of the City of (5) Tustin Water Quality Ordinance and all Federal, State and Regional Water Quality Control Board rules and regulations. (1) 10.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of Best Management Practices (BMPs), the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 10.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 10.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding Operation and Maintenance (O & M) Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect and Indemnification". This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 10.5 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. PUBLIC BENEFIT *** 11.1 The developer shall construct a community facility, comprised of a 0.58 - acre community facility and related amenities, to which public access will be provided, subject to rules and regulations to be approved by City, which shall be completed prior to the date set forth for Completion of the Park Facilities in the Schedule of Performance. Developer shall show easements and/or applicable notes on Tract Map 18125 for public access purposes over the paseos, portions of Lot 8 (community facility), Lot A (plaza and possible pedestrian bridge), and other pedestrian paths as shown/required in DA 2017-001. *** 11.2 The developer shall construct minimum 4 -feet wide pedestrian walkways in areas designated with public access easements throughout the project site. *** 11.3 The developer shall accommodate and coordinate with the City in the design and construction of a possible pedestrian bridge at the intersection of Moffett Drive and Tustin Ranch Road, in accordance with DA 2017- 001. *** 11.4 Developer shall dedicate easements on Tract Map 18125 for emergency vehicle access and public services ingress and egress purposes over the private streets and driveways. *** 11.5 Developer shall dedicate easements on Tract Map 18125 for vehicular and pedestrian ingress and egress purposes over Lot B (private streets). *** 11.6 The applicant shall dedicate public access and maintenance easements to the City of Tustin for sidewalk along Tustin Ranch Road, Moffett Drive, Park Avenue, and Victory Road, at no cost to the City. PUBLIC STREET IMPROVEMENTS (1) 12.1 The proposed landscaping plant material along Victory Road, Park Avenue, Moffett Avenue, and Tustin Ranch Road shall be consistent with the Tustin Legacy Backbone Street Plant Palette, or as approved by the Community Development Director and/or the City Engineer. (1) 12.2 Existing sewer, domestic water, reclaimed water and storm drain service laterals shall be utilized. (1) 12.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development phase. (5) 12.4 The developer shall design and construct parkway landscape and irrigation system adjacent to the project along Tustin Ranch Road, Victory Road, Park Avenue and Moffett Drive. Prior to approval of the Final Map, the applicant shall submit 24" x 36" parkway landscape and irrigation system plans with signed and stamped engineer's estimate to the Public Works Department for the review. The final design shall be completed prior to issuance of first the building permit and construction of the parkway landscape and irrigation system shall be completed prior to issuance of the first occupancy for the phase adjacent to the parkway. (5) 12.5. The applicant shall design and construct all necessary modifications to Victory Road and Moffett Drive to accommodate the new project entrances. Prior to approval of the Final Map, the applicant shall submit to the Public Works Department 24" x 36" street improvement plans and signed & stamped engineer's estimate, as prepared by a California Registered Civil Engineer for review. The final design shall be completed prior to issuance of first building permit and construction of the street improvements shall be completed prior to issuance of the first occupancy (1) 12.6 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 12.7 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as III prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (5) 12.8 Developer shall enter into a Landscape Installation and Maintenance Agreement with the City of Tustin for the construction, maintenance, repair, and replacement of the landscaping described in the Developer Agreement for the maintenance of parkway improvements within public rights-of-way adjacent to the project along Victory Road, Park Avenue, Moffett Drive and Tustin Ranch Road. (1) 12.9 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG'. All layering and linetype conventions are AutoCAD -based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. ENVIRONMENTAL (1), 13.1 All mitigation measures related to the project that are required by the (5) Mitigation Monitoring Program for the Tustin Legacy Specific Plan (MCAS Tustin) area, identified in this exhibit and in other related project entitlements, shall be implemented. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: a. Prior to issuance of any permits, the developer shall retain a County - certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. b. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. c. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County - certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. d. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin shall review the proposed traffic control and operations plans with any affected jurisdiction. e. The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. f. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. g. Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin information from IRWD which outlines required facilities necessary to provide adequate potable water and reclaimed water service to the development. h. Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin and City of Irvine, as applicable, information from IRWD or the City of Tustin which outlines required facilities necessary to provide adequate sanitary sewage service to the development. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (5) 14.1 Developer shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements. (5) 14.3 The applicant shall coordinate the design and construction of all utilities with the utility providers and the City. *** 14.4 At plan check submittal, the developer shall coordinate with the Tustin Police Department to ensure that adequate security precautions such as visibility, lighting, emergency access, and address signage are implemented. Prior to the issuance of building permits, the applicant shall submit to the police department for review and approval, a wayfinding plan for the project site. SOLID WASTE RECYCLING (1) 15.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. All projects shall submit a security deposit in the amount of 5 percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall be $500.00 and the maximum deposit amount shall be $2,500.00. (1) 15.2 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner(s), and/or tenant(s) are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. COVENANTS, CONDITIONS, AND RESTRICTIONS (1), 16.1 All organizational documents for the project including any covenants, (5) conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office prior to issuance of the first certificate of occupancy. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after recordation. (1), 16.2 No Certificate of Occupancy shall be issued, unless a homeowners (5) association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall close escrow unless all approved and required open space, amenities, landscaping, or other improvements, or approved phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. The CC&Rs shall include, but not be limited to, the following provisions: a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. b. The requirement that association bylaws be established. c. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities, landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails), common recreation facilities, and open space areas. d. Membership in the homeowners association shall be inseparable from ownership in individual units. e. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code and the Tustin Legacy Specific Plan. f. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. Common areas, private patios, balconies and decks shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. g. Homeowners Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. h. Private open space areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in perpetuity. i. A site plan showing the public portion of the park site and associated public easements that will be accessible to the public and provisions for maintenance of these areas by the Homeowners Association. j. The approved "Parking and Circulation Exhibit' shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. All units are required to maintain a two -car garage. 2. A minimum of forty-six (46) unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit". A minimum twelve (12) unassigned surface parking spaces shall be permanently allocated to the townhome units with tandem garage spaces. The parallel parking spaces shall have minimum dimensions of 8 feet wide and 22 feet long per stall, with the exception of the end stalls required to be a minimum 20 feet long. The head -in (90 degree) parking spaces shall have minimum dimensions of 9 feet wide and 19 feet long. 3. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 5. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private streets. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. k. Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than 7:00 a.m. on the day regularly scheduled collection day and removed by 7:00 p.m. on the same day. Maintenance of lettered and numbered Lots containing all common areas, public and private park areas, streets, alleys, paseos, etc., shall be by the homeowners association. m. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. n. All utility services serving the site shall be installed and maintained underground. o. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1 st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. p. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for r" maintenance of their facilities within the project area, subject to those agencies' approval. q. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. HOMEBUYER NOTIFICATION (5) 17.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and/or occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. a. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated with Moffett Drive, Park Avenue, Victory Road and Tustin Ranch Road. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field-testing determines inadequate noise insulation. b. A notice, to be reviewed by the City of Tustin and the Tustin Unified School District, regarding the location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map) and advice to homebuyers that proposed school sites may never be constructed. c. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards, fire hydrants, transformers, pedestrian bridge) identifying the type of structure and their locations. d. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. e. A notice indicating that public use of portions of the community facility will be allowed and noting public ingress and egress through the subdivision will be provided for access to the community facility. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on- site streets, drives, paseos, and common areas are to be maintained by the homeowners association. g. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof any street or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the private common area and any private indoor common area improvements, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the project and their guests. h. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick-up Plan" after 7:00 a.m. on the regularly scheduled trash collection day and shall be removed by 7:00 p.m. on the same day. A notice indicating that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit and that the City of Tustin makes no claim, warranty, or guarantee that views from any unit will be preserved as development of surrounding properties occurs. j. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, fences and walls, etc. may not be allowed. k. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&R provisions. I. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. m. The developer shall notify all homebuyers that future Assessment/Maintenance Districts may affect the property. n. A notice stating that walls along the private open space for the single family detached units shall be maximum three (3) feet all along the perimeter streets of Moffett Avenue, Park Avenue and Victory Road. o. A notice stating that a pedestrian bridge along with its ramp, elevator and/or stairs, may be constructed by the City at the intersection of Tustin Ranch Road and Moffett Drive. p. A notice stating that common area landscaping installation and maintenance is an ongoing effort and that multiple factors may influence the appearance and perceived health of the plants. q. A notice stating the location and operation of a waste/recycling facility within the vicinity, in the adjacent City of Irvine, and odors may be perceptible. (5) 17.2 For residential units that are not sold at the time the Certificate of Occupancy is issued, the developer shall submit to the City a copy of the signed homebuyer notification within ten (10) business days of the homebuyer having signed the document. FEES (1) 18.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1), 18.2 Prior, to issuance of each permit, payment shall be made of all applicable (5) fees, including but not limited to, the following. a. Building plan check and permit fees to the Community Development Department. b. Engineering plan check and permit fees to the Public Works Department. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department. d. Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastem Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1 st of each year. e. Water and sewer connection fees to the Irvine Ranch Water District. f. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot or the most recent rate of new or added gross square floor area of construction or improvements to the Community Development Department. g. New development tax fee in the amount of $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District. i. Other applicable Tustin Legacy Backbone Infrastructure Program fees. Payment shall be required based upon the most current rates in effect at the time of payment and/or permit issuance and are subject to change.