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HomeMy WebLinkAbout03 TT 16582, ZC 04-02 02-22-05Agenda Item AGENDA REPORT RCBy Ma~ager Finance Director NIA MEETING DATE: FEBRUARY 22, 2005 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TENTATIVE TRACT MAP 16582 and SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002 SUMMARY The applicant is requesting approval of Tentative Tract Map 16582 for the subdivision of 86.26 acres and the development of 386 numbered lots and 68 lettered lots for the purpose of developing 465 residential units including 211 single family detached units, 68 carriage way units, and 184 condominium units. To allow for the development of carriage way residences and the development of a condominium project that does not meet the current ten-acre minimum development site requirement, the applicant is also requesting Specific Plan Amendment/Zone Change 04-002. On February 14, 2005, the Planning Commission approved Concept Plan 03-004 and Design Review 04-004 for the project and recommended approval of Specific Plan Amendment/Zone Change 04- 002 and Tentative Tract Map 16582. (Planning Area 21) (Reuse Disposal Parcel 35 and Parcel 36). Applicant/ Owner: Moffett Meadows Partners, LLC RECOMMENDATION: That the City Council: Adopt Resolution No. 05-35 finding the project is within the scope of the adopted Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse and Specific Plan. 2. Introduce and have first reading by title only to adopt Ordinance No. 1296 approving Specific Plan Amendment2one Change 04-002 to allow development of carriage way units in Planning Area 21 and amend the 10-acre minimum development site requirement to allow development of a condominium unit on an approximately 9-acre site. 3. Adopt Resolution No. 05-37 approving Tentative Tract Map 16582 to subdivide 86.26 gross acres into 286 numbered lots and 68 lettered lots for the purpose of City Council Report Tentative Tract Map 16582 Page 2 of 7 developing 465 residential units in Planning Area 21 of the MCAS-Tustin Specific Plan. FISCAL IMPACT: The Tentative Tract Map is an applicant-initiated project. The applicants have paid applicable fees for the processing of this map. BACKGROUND/DISCUSSION: The site is bounded by Moffett Avenue to the north, Harvard Avenue and City of Irvine medium density residential areas to the east, the Peters Canyon Flood Control Channel and Jamboree Road to the west, and Warner Avenue to the south (Attachment A - Location Map) The project site is comprised of 86.26 gross acres (Parcel 35: 64.62 acres & Parcel 36: 21.64 acres) owned by the Moffett Meadows LLC,.who purchased the property directly from the Department of Navy through a land auction. Parcel 36 is currently within the City of Irvine and proposed to be annexed to City of Tustin under a separate action. The applicant is requesting approval to construct 465 residential units including 211 single-family detached units, 68 carriage way units, and 184 condominium units. The remainder of Planning Area 21 (parcel 34) was approved in 2003 for construction of 189 residential units by John Laing Homes and is currently under construction. The applicant has filed a landowner petition with the Local Agency Formation Commission (LAFCO) for the reorganization of the boundary between Tustin and Irvine. The proposed reorganization includes a request for detachment of approximately 21.6 acres (referred to as Parcel 36 in this report) from the City of Irvine and Specific Plan Amendment for annexation of this area and related land use and development standards. This request is provided under separate action (Specific Plan Amendment/Zone Change 04-001). Planning Area 21 is located within Neighborhood G, which is intended to be a low- density residential enclave within Tustin Legacy and provide a desirable transition from the commercial areas of Tustin Legacy to existing Tustin and Irvine residential areas (Attachment B -Location Map/Neighborhood Map). Tentative Tract Map 16582 The subdivision request includes division of the 86.26 acres into 286 numbered lots and 68 lettered lots for the purpose of developing 286 single family parcels (traditional single family detached and carriage way units) and two condominium projects. The proposed tract map would include the following lots: City Council Report Tentative Tract Map 16582 Page 3 of 7 • A total of 211 lots will accommodate single-family dwellings. • A total of 68 lots will accommodate carriage way units. • Four (4) lots will accommodate a condominium project (102 triplex units). • Two lots will accommodate a condominium project (84 cluster units). • Lot 237, Lot BC, R, S, and X will accommodate the park sites and open space. • Lots A-P and BD-BB will accommodate private streets and private drives. • Lots AR, V, W and I-B-3 will accommodate landscape setbacks along Moffett Avenue and Harvard Avenue. • Lots AO, BO, BP are dedication lots to the City of Tustin to accommodate traffic signals and Moffett Avenue roadway design. • Lot BO is a dedication lot to the City of Tustin to accommodate the future Peters Canyon trail The following provides the unit breakdown by disposal parcel, area, and product type: Parcel 35 -City of Tustin • 195 single family detached 41 carriage way units • 102 condominium units • Average density -- seven (7) dwelling units per acre Parcel 36 -City of Irvine • 16 single family detached units • 27 carriage way units • 84 condominium units • Average density of 8.6 dwelling units per acre Infrastructure and Improvements Development of the site would require on-site and off-site infrastructure improvements, including design and construction of curb and gutter at the project entries on Harvard Avenue and on Moffett Avenue; sidewalk and curb ramps on Harvard Avenue and Moffett Avenue; lateral connections for storm drain, domestic water, reclaimed water, sanitary sewer, and dry utility services; landscape and irrigation systems along Harvard Avenue and Moffett Avenue, and new traffic signals at the project entries located at Harvard Avenue/Lot "BN" (subject to 50 percent reimbursement from the John Laing Homes development to the north) and Moffett Avenue/Lot "B." In addition, the applicant will be responsible for all infrastructure and landscape improvements for the future extension of the Peters Canyon trail within Lot "BO." City Council Report Tentative Tract Map 16582 Page 4 of 7 AccesslTraffic Two (2) vehicular access points are provided to the site; the main access is provided from Harvard Avenue and the secondary access is provided from Moffett Avenue. A portion of the access from Harvard Avenue is currently within the City of Irvine and will be annexed as part of Parcel 36 to City of Tustin if the annexation is approved. The applicant submitted a traffic study which concluded that the project can be accommodated within the street systems of the cities of Tustin and Irvine with installation of a traffic signal at the main entry from Harvard Avenue (Attachment D - Traffic Study). The report also noted that a traffic signal is projected to be warranted in the future at Moffett Avenue. The project would also require modification to the existing traffic signal at Harvard and Moffett intersection. Specific Plan Amendment/Zone Chanoe 04-002 Carriage Way Units The applicant has proposed a new single family detached product to accommodate an alley loaded garage design instead of street facing garages. The new product referred to as "Carriage Way Units" will meet all the requirements of the single family detached product with the exception of the rear yard setback as follows: Definition: A type of single family detached product that is located on a minimum thirty-six (36) foot wide paved street with a ten (10) foot parkway on both sides of the paved portions of the street with a garage that is located to the rear of the residence and takes access from a rear two-way alley that is a minimum of twenty-four (24) feet wide. Rear yard setback: A minimum of three (3) feet to the alley for garage area and a minimum of seven (7) feet for living areas. Guest parking: One hundred (100) percent of guest parking may be provided parallel to the travel way on a public or private street with a minimum paved width of thirty-six (36) feet. The alley loaded garages will provide a neo-traditional streetscape with the same density as Single Family Detached units. Most of the units take access from a private street with on site parking and the required numbers of guest parking spaces have been provided. Development Site Area The specific plan also requires a minimum 10 acre development site for condominium projects (MCAS Tustin Specific Plan Section 3.9.4.G). One of the condominium projects City Council Report Tentative Tract Map 16582 Page 5 of 7 (triplex units) are proposed on two parcels separated by the main street ("P" Street) to the project on an approximately nine (9) acre site. Since this product is proposed as part of Tentative Tract Map 16582 that encompasses 86.26 acres and will be developed as part of the larger community, staff believes that the intent of the specific plan requirement will be met and recommends approval of the specific plan amendment to allow development of the triplex product on the 9-acre site. Standards for the proposed amendment to MCAS Tustin Specific Plan are included in Attachment A of Resolution No. 05-36. PLANNING COMMISSION ACTIONS On February 14, 2005, the Planning Commission recommended approval of the Tentative Tract Map 16582 and Specific Plan Amendment2one Change 04-002 and approved Concept Plan 03-004 for development of the proposed 465 residential units and Design Review 03-004 for site and architectural design of the project. The applicant submitted a list of modifications to conditions of approval, which is attached as Attachment E. The following issues were raised by the applicant at the meeting: • Affordable Housing: Phasing: A condition of approval is included which requires the applicant to develop and sell Moderate income units in approximately the same proportion to the market rate units. The applicant requested modification that would allow diligent good faith effort for construction of the affordable units and submittal of an annual report instead of referring to the submitted phasing plan. The condition as recommended ensures construction of affordable units at the same rate as market rate units and the suggested language is not specific enough to address the issue. The various entitlements prepared for consideration by the Planning Commission and the City Council contain the necessary findings and conditions to be consistent with the Tustin Area General Plan which includes the Certified Housing Element, the MCAS Tustin Specific Plan, and the Incentives for Development of Affordable Housing. Therefore, staff recommends that Condition 2.2 of Resolution No. 05-37 remain as written. Transitional Housing: The applicant requested to be relieved of the transitional housing obligation to execute an agreement with the transitional housing providers prior to issuance of building permit or recordation of the final map in that best effort has been made by the applicant to execute the agreement. Since the City's obligation to provide transitional units in Planning Areas 21 and 22 are clearly noted in the agreement with HUD, the City is not in a position to postpone this requirement, and the recordation of the final map or issuance of the building permits is a reasonable threshold to ensure that City's obligation is satisfied. • Construction Phasing: The applicant requested modifications to allow more time for completion of infrastructure improvements. As proposed Phase I and 2 of production units are City Council Report Tentative Tract Map 16582 Page 6 of 7 spread out as such that would require completion of street improvements approximately for the entire site before occupancy of these units. Staff indicated that to accommodate the request, the applicant could submit a modified phasing plan that would allow the applicant additional time for completion of street improvements for review and approval of the Community Development Department. As is, however, Condition 2.1 of Resolution 05-37 should remain as written. • Tustin Legacy Backbone Infrastructure Improvements: The applicant requested numerous modifications to the Tustin Legacy Backbone Infrastructure Improvements as noted in Attachment E. The Public Works Department prepared a detailed response to those modification requests as noted in Attachment F. The Public Works Department memorandum provides a detailed explanation as to why each condition should remain as written. • Parkland Credit: The applicant requested full credit for parks over one acre and for all improvement costs related to the development of the park sites for park use. The City's standard for park credit eligibility is a minimum of three-acres; the City has given a concession consideration to allow parks of one acre to receive credit. In addition, these parks include private areas that are designed for exclusive use of the homeowners association members, which are not eligible for park credit. The 2.7- acre linear park is only SO feet in width; located in an area that provides limited access to non-residents; bounded by duplexes, private streets and a sound wall along the entire southerly boundary and therefore not eligible for full credit. A fifty percent credit for this park was recommended since the park includes a direct pedestrian access from Harvard Avenue and can provide some regional trail connection. Therefore, staff recommends the conditions remain as written. The applicant requested to submit bonds instead of park in-lieu fees. The park credit and park improvements are eligible for posting a bond; however, posting a bond for the in-lieu fees is not allowed per City Ordinance. Therefore, staff recommends Condition 13.2 of Resolution No. 05-40 remain as written. • Architecture The applicant requested that the submitted architectural plans meet the design review requirements and that additional conditions related to architectural details, colors and materials should be eliminated. The conditions referred to are standard conditions of approval for design review applications that ensure the same level of detail, quality and materials are carried out from the preliminary drawings to construction plans. Conditions 7.1 through 7.5 of Resolution No. 3946 remained unchanged and the Planning Commission's actions on the design review resolution will become final unless an appeal is submitted and approved by the City Council. City Council Report Tentative Tract Map 16582 Page 7 of 7 ENVIRONMENTAL: On January 17, 2001, the City Council certified the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR). The proposed density is consistent with development intensity considered in FEIS/EIR. Staff has prepared a checklist that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified (Exhibit 1 of Resolution No. 05-35). In addition, a mitigation monitoring program matrix was prepared by the Community Development Department that identifies the specific mitigation measures or implementation measures identified in the FEIS/EIR that are applicable to the project; all applicable mitigation measures in the FEIS/EIR are included as conditions of approval in Resolution Nos. 05-37 and Planning Commission Resolution No. 3947. A decision to approve Specific Plan Amendment/Zone Change 04-002, Tentative Tract Map 16582 may be supported by the findings contained in Resolution No 05-37 and Ordinance No. 1296. Minoo Ashabi Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A - Location Map/Neighborhood Map B - Planning Commission Action Agenda, Staff Report, and Design Review and Concept Plan Resolution Nos. 3945 and 3947 C - Tentative Tract Map 16582 D - Submitted Traffic Analysis E - Applicant's Request Submitted February 14, 2005 F - Public Works Department Memorandum (February 16, 2005) G - Resolution No. 05-35, Ordinance No. 1296, and Resolution No. 05-37 S:\Cdd\CCREPORT\Columbus Grove -Tract 16582.doc ATTACHMENT A LOCATION MAP/NEIGHBORHOOD MAP Project Location Map Columbus Grove (Tentative Tract Map 16582) Columbus Square (Tentative Tract Map 16581) Planning Area 4 _ Columbus Square- i .~.~... .. ParC~923 ~ ~ ~~~, ~~~ '. i ~ ~r rcel 24 ~_ ~ :;~ ~ \, tie's k efiw - ,. ` 5 ~ . ~~ ~' ~~Plannin Area.- ~~ Planning r~ 1 ,E „s ~~ Parcel 35 111 > ~ y~~I _) " i ~ ~ ;,~ ~' ~ Parcel'3i6 ,' ~~ G o - __. "- ~1 ~ ~-. '~ ~ ~ ~ ,, a I ~~ ~~~~ ".~.d.,. ~I~ "' "`"~" / Columbus ~. _, ~` ~~ ~ ~ I •° ~ Grove i, ~ ~i ~ ,"~~ s ~ ~--_ ~~~ ;a f----- L N U' ~ ^C ~ O i~ bA "" ~„ O .~ .~ ~ ~ ~' bA ..~ Q L W a ~ @ s - - ? ~~ ~ ~ ; ~ -0 g L c s J ~ - s ~ ~ ~ ~ ~ J s ~' i u '2 0 0 a ~ ~ Y y s^ ffi z G „ '~ z ~ m % 4 ~' 4° ~ ~ r ~ ~ ~ O c ~ 'y 4 a ' e N ~ 5 t 1 ~2 ~ W w E X n o _ ~ s 4 ~.. 3 (~ Q _ 5z ~ n1 3 a ~ 'T d 4 , `~F w o,,~y C u ~~~ ~R ~ ~ o ~®a®®~a oo~~ gi ~ ~ ~ a~$ ~~~ ATTACHMENT B PLANNING COMMISSION ACTION AGENDA, STAFF REPORT DATED FEBRUARY 14, 2005, AND RESOLUTION NOS. 3945 AND 3947 Agenda Item Reviewed: AGENDA REPORT City Manager Finance Director MEETING DATE: FEBRUARY 22, 2005 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: PLANNING COMMISSION ACTION AGENDA ACTION AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 14, 2005 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE All present ROLL CALL Staff present Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director Doug Holland, Assistant City Attorney Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Doug Anderson, Senior Project Manager-Transportation Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Minoo Ashabi, Associate Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - JANUARY 24, 2005, Approved PLANNING COMMISSION MEETING. Action Agenda -Planning Commission February 14, 2005 -Page 1 PUBLIC HEARINGS Adopted Resolution 2. VESTING TENTATIVE TRACT MAP 16790 AND DESIGN Nos. 3962, 3963, REVIEW 04-025 REQUESTING APPROVAL: 1) TO 3964 SUBDIVIDE AN EXISTING 4.99 ACRE SITE INTO ONE (1) LOT FOR THE PURPOSE OF DEVELOPING NINETY- THREE (93) RESIDENTIAL CONDOMINIUM UNITS; AND 2) FOR BUILDING AND SITE DESIGN FOR THE DEVELOPMENT OF NINETY-THREE (93) RESIDENTIAL CONDOMINIUM UNITS. THIS PROJECT IS LOCATED IN THE MULTIPLE FAMILY RESIDENTIAL (R-3) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3962 recommending that the City Council adopt the Negative Declaration as adequate for Vesting Tentative Tract Map 16790 and adopting the Negative Declaration as adequate for Design Review 04- 025 for the development of ninety-three (93) residential condominium units. 2. Adopt Resolution No. 3963 recommending that the City Council approve Vesting Tentative Tract Map 16790 to subdivide an existing 4.99 acre site into one (1) lot for the purpose of developing ninety-three (93) residential condominium units. 3. Adopt Resolution No. 3964 approving Design Review 04- 025 for design review and site planning to allow for the development of ninety-three (93) residential condominium units. Adopted Resolution 3. CONTINUED GENERAL PLAN AMENDMENT 04-001, Nos. 3955, 3956, PREZONE 04-001, AND ZONE CHANGE (MCAS TUSTIN 3957, 3958 SPECIFIC PLAN AMENDMENT) 04-001 FOR ANNEXATION 159 (MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36 - COLUMBUS GROVE) REQUESTING: 1) A GENERAL PLAN AMENDMENT TO ESTABLISH THE GENERAL PLAN DESIGNATION OF "MCAS TUSTIN SPECIFIC PLAN" FOR THE ANNEXATION OF MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36; 2) PREZONING OF MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36 FROM THE CITY OF IRVINE "2.3 MEDIUM DENSITY RESIDENTIAL" ZONING DISTRICT TO THE CITY OF TUSTIN "MCAS TUSTIN Agenda -Planning Commission February 14, 2005 -Page 2 SPECIFIC PLAN" ZONING DISTRICT (SP-1 SPECIFIC PLAN); AND, 3) ZONE CHANGE TO AMEND SECTIONS 3.9.4 AND 3.13.2 OF THE MCAS TUSTIN SPECIFIC PLAN TO ESTABLISH NEW SITE DEVELOPMENT STANDARDS FOR MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3955 recommending that the City Council find that General Plan Amendment 04-001, Prezone 04-001, Zone Change (MCAS Tustin Specific Plan Amendment) 04-001, and Annexation No. 159 are within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan/Reuse Plan. 2. Adopt Resolution No. 3956 recommending that the City Council approve General Plan Amendment 04-001 for the annexation of MCAS Tustin Disposition Parcel 36. 3. Adopt Resolution No. 3957 recommending that the City Council approve Prezone 04-001 for the annexation of MCAS Tustin Disposition Parcel 36. 4. Adopt Resolution No. 3958 recommending that the City Council approve Zone Change (MCAS Tustin Specific Plan Amendment) 04-001 for MCAS Tustin Disposition Parcel 36. Adopted Resolution 4. CONTINUED CONCEPT PLAN 03-004, SPECIFIC PLAN Nos. 3943, 3944, AMENDMENT/ZONE CHANGE 04-002, TENTATIVE 3945, 3946, 3947 TRACT MAP 16582, AND DESIGN REVIEW 04-004, FOR COLUMBUS GROVE (MCAS TUSTIN DISPOSITION PARCELS 35 AND 36) AS FOLLOWS: 1) SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002 TO LIST CARRIAGE WAY UNITS AS PERMITTED USES WITH RELATED DEVELOPMENT STANDARDS AND AMEND THE MINIMUM DEVELOPMENT SITE OF 10 ACRES FOR DEVELOPMENT OF CONDOMINIUM AND MULTIPLE FAMILY DWELLINGS IN PLANNING AREA 21; 2) CONCEPT PLAN 03-004 TO SUBDIVIDE 86.26 ACRES AND DEVELOP 465 RESIDENTIAL UNITS WITHIN PLANNING AREA 21; 3) TENTATIVE TRACT MAP 16582 SUBDIVIDING 86.26 ACRES FOR DEVELOPMENT OF 286 NUMBERED LOTS AND 68 LETTERED LOTS FOR THE PURPOSE OF Agenda -Planning Commission February 14, 2005 -Page 3 DEVELOPING 465 RESIDENTIAL UNITS INCLUDING 211 SINGLE FAMILY DETACHED UNITS, 68 CARRIAGE WAY UNITS, AND 184 CONDOMINIUM UNITS; AND, 4) DESIGN REVIEW 04-004 FOR SITE AND ARCHITECTURAL DESIGN FOR THE DEVELOPMENT OF 465 RESIDENTIAL UNITS. RECOMMENDATION: That the Planning Commission: Adopt Resolution No. 3943 recommending that the City Council find that Tentative Tract Map 16582 is within the scope of the adopted Final EIS/EIR for the MCAS Tustin Reuse and Specific Plan and finding that Concept Plan 03-004, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application and the request to transfer affordable housing units from Planning Area 21 to Planning Area 5 are within the scope of the adopted Final EIS/EIR for MCAS Tustin Reuse and Specific Plan; 2. Adopt Resolution No. 3944 recommending that the City Council approve Specific Plan Amendment2one Change 04-002 to list carriage way units with related development standards in Planning Area 21 and amend the 10- acre Minimum Development Site requirement for condominiums and multiple family dwelling developments to allow development of the triplex units on a 9-acre site, which is part of Tentative Tract Map 16582 encompassing 86.26 acres. 3. Adopt Resolution No. 3945 approving Concept Plan 03-004 to subdivide 86.26 acres and develop 465 residential units within Planning Area 21; 4. Adopt Resolution No. 3946 recommending that the City Council approve Tentative Tract Map 16582 for the subdivision of 286 numbered lots and 68 lettered lots for the development of 465 residential units including 211 single family detached units, 68 carriage way units, and 186 condominium units; and, Adopt Resolution No. 3947 approving Design Review 04-004 for the site and architectural design for the development of 326 residential units on Parcel 35 in City of Tustin and 139 residential units on Parcel 36 currently in City of Irvine upon Agenda -Planning Commission February 14, 2005 -Page 4 annexation to City of Tustin for a total of 465 residential units in Planning Area 21 (Parcel 35 and 36). Adopted Resolution 5. CONTINUED CONCEPT PLAN 03-003, SPECIFIC PLAN Nos. 3949, 3950, AMENDMENT/ZONE CHANGE 04-003, TENTATIVE 3951, 3952, 3953 TRACT MAP 16581, DESIGN REVIEW 04-006, FOR COLUMBUS SQUARE (MCAS TUSTIN DISPOSITION PARCELS 23 AND 24): 1) SPECIFIC PLAN AMENDMENT/ ZONE CHANGE 04-003 TO LIST CARRIAGE WAY UNITS AS PERMITTED USES IN PLANNING AREA 4 AND PLANNING AREA 5 AND AMEND THE MINIMUM DEVELOPMENT SITE OF 10 ACRES FOR CONDOMINIUM DEVELOPMENT IN PLANNING AREA 4; 2) CONCEPT PLAN 03-003 - TO SUBDIVIDE 105.5 ACRES AND DEVELOP 1,077 RESIDENTIAL UNITS WITHIN PLANNING AREAS 4 AND 5; 3) TENTATIVE TRACT MAP 16581 SUBDIVIDING 105.5 ACRES FOR DEVELOPMENT OF 386 NUMBERED LOTS AND 186 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 1,077 RESIDENTIAL UNITS; AND, 4) DESIGN REVIEW 04-006 FOR SITE AND ARCHITECTURAL DESIGN FOR THE DEVELOPMENT OF 1,077 RESIDENTIAL UNITS AS FOLLOWS: PLANNING AREA 4: • 84 SINGLE FAMILY DETACHED UNITS; • 181 CARRIAGE WAY UNITS; • 72 SENIOR HOUSING UNITS; • AVERAGE DENSITY OF 8.62 DWELLING UNITS PER ACRE PLANNING AREA 5: EIGHTEEN (18) CARRIAGE WAY PRODUCTS; • 170 SENIOR HOUSING UNITS; • 552 CONDOMINIUM UNITS • AVERAGE DENSITY OF 18.8 DWELLING UNITS PER ACRE RECOMMENDATION: 1. Adopt Resolution No. 3949, recommending that the City Council find that the Final Environmental Impact StatemenUFinal Environmental Impact Report for the Disposal and Reuse of MCAS Tustin ("FEIS/FEIR") is adequate to serve as the project EIS/EIR for Zone Change 04-003, Tentative Tract Map 16581, Concept Plan 03-003, Design Review 04-006, the Affordable Agenda -Planning Commission February 14, 2005 -Page 5 Housing Plan and Density Bonus application, and the request to transfer affordable housing units from Planning Area 4 and 21 to Planning Area 5 and that all applicable mitigation measures will be incorporated into the project as required by the California Environmental Quality Act. 2. Adopt Resolution No. 3950, recommending that the City Council of the City of Tustin approve Zone Change 04-003 to permit the development of detached Carriage Way single family dwelling units in Planning Area 4 and 5 and establish related development standards and amend the requirement for a 10-acre minimum development site for condominiums and multiple family dwellings in Planning Area 4. 3. Adopt Resolution No. 3951 approving Concept Plan 03- 003 to subdivide 105.5 acres (gross) and develop 1,077 residential units bounded by Edinger Avenue on the north, Valencia North Loop Road on the south, an industrial business park and Severyns Road on the west, and West Connector Road on the east within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan (Parcel 23 and Parcel 24). 4. Adopt Resolution No. 3952 recommending that the City Council approve Tentative Tract Map 16581 to subdivide 105.5 acres bounded by Edinger Avenue on the north, Valencia North Loop Road on the south, an industrial business park and Severyns Road on the west, and West Connector Road on the east for the purpose of developing 1,077 residential units within Planning Area 4 and Planning Area 5 of the MCAS- Tustin Specific Plan (Reuse Plan Disposal Parcel 23 and Parcel 24). 5. Adopt Resolution No. 3953 approving Design Review 04-006 authorizing the development of 1,077 residential units on a 105.5 acre (gross) site bounded by Edinger Avenue on the north, an office industrial building and Severyns Road on the west, Valencia North. Loop Road on the south and West Connector Road on the east within Planning Area 4 and Planning Area 5 of the MCAS Tustin Specific Plan (Parcel 23 and Parcel 24). None REGULAR BUSINESS Agenda -Planning Commission February 14, 2005 -Page 6 STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 7, 2005, CITY COUNCIL MEETING. Director Stated the City Council approved Tentative Tract Map 16782 and Design Review 04-024 for the Lennar South Coast project. Noted the CDBG meeting takes place Wednesday, February 16, at 6:00 p.m. COMMISSION CONCERNS Lee Thanked staff for their work on tonight's reports. Menard Echoed Commissioner Lee's thanks to staff. Floyd Wished everyone a Happy Valentine's Day. Thanked staff. Pontious Offered congratulations to Dana Ogdon for his promotion to Assistant Director of Community Development. Asked whether staff has any workshops planned, especially regarding a timeline for Tustin Legacy development Nielsen Thanked staff. Wished everyone a Happy Valentine's Day. 10:05 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, February 28, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Agenda- Planning Commission February 14, 2005 -Page 7 ITEM #4 ,i~ ~ u , Report to fhe ~~~,~~,~~ Planning Commission DATE: FEBRUARY 14, 2005 SUBJECT: CONCEPT PLAN 03-004, SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002, TENTATIVE TRACT MAP 16582, AND DESIGN REVIEW 04-004, FOR COLUMBUS GROVE (MCAS TUSTIN REUSE DISPOSAL PARCELS 35 AND 36) APPLICANT/ MARBLE MOUNTAIN PARTNERS LLC OWNER: LOCATION: NORTHWEST CORNER OF WARNER AVENUE AND HARVARD AVENUE (PLANNING AREA 21 OF MCAS TUSTIN SPECIFIC PLAN)- REUSE DISPOSAL PARCELS 35 AND 36 OF MCAS TUSTIN SPECIFIC PLAN GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN ZONING: PARCEL 35 -LOW DENSITY RESIDENTIAL (1-7 DU/ACRE) PARCEL 36 -MEDIUM DENSITY RESIDENTIAL (Irvine) ENVIRONMENTAL STATUS: THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT (EIS/EIR) CERTIFIED ON JANUARY 16, 2001, IN CONJUNCTION WITH THE MCAS TUSTIN REUSE AND SPECIFIC PLAN, ADEQUATELY ADDRESSES ENVIRONMENTAL CONSIDERATIONS ASSOCIATED WITH THE PROPOSED PROJECT. NO ADDITIONAL ENVIRONMENTAL DOCUMENTATION WILL BE PREPARED. PROJECT: 1) SPECIFIC PLAN AMENDMENT/ ZONE CHANGE 04-002 TO LIST CARRIAGE WAY UNITS AS PERMITTED USES WITH RELATED DEVELOPMENT STANDARDS AND AMEND THE MINIMUM DEVELOPMENT SITE OF 10 ACRES FOR DEVELOPMENT OF CONDOMINIUM AND MULTIPLE FAMILY DWELLINGS IN PLANNING AREA 21 2) CONCEPT PLAN 03-004 TO SUBDIVIDE 86.26 ACRES AND DEVELOP 465 RESIDENTIAL UNITS WITHIN PLANNING AREA 24 Planning Commission Report Columbus Grove Project February 14, 2005 Page 2 3) TENTATIVE TRACT MAP 16582 SUBDIVIDING 86.26 ACRES FOR DEVELOPMENT OF 286 NUMBERED LOTS AND 68 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 465 RESIDENTIAL UNITS INCLUDING 211 SINGLE FAMILY DETACHED UNITS, 68 CARRIAGE WAY UNITS, AND 184 CONDOMINIUM UNITS. 4) DESIGN REVIEW 04-004 FOR SITE AND ARCHITECTURAL DESIGN FOR THE DEVELOPMENT OF 465 RESIDENTIAL UNITS. RECOMMENDATION That the Planning Commission:. 1. Adopt Resolution No. 3943 recommending that the City Council find that Tentative Tract Map 16582 is within the scope of the adopted Final EIS/EIR for the MCAS Tustin Reuse and Specific Plan and finding that Concept Plan 03-004, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application and the request to transfer affordable housing units from Planning Area 21 to Planning Area 5 are within the scope of the adopted Final EIS/EIR for MCAS Tustin Reuse and Specific Plan; 2. Adopt Resolution No. 3944 recommending that the City Council approve Specific Plan Amendment/Zone Change 04-002 to list carriage way units with related development standards in Planning Area 21 and amend the 10- acre Minimum Development Site requirement for condominiums and multiple family dwelling developments to allow development of the triplex units on a 9-acre site, which is part of Tentative Tract Map 16582 encompassing 86.26 acres. 3. Adopt Resolution No. 3945 approving Concept Plan 03-004 to subdivide 86.26 acres and develop 465 residential units within Planning Area 21; 4. Adopt Resolution No. 3946 recommending that the City Council approve Tentative Tract Map 16582 for the subdivision of 286 numbered lots and 68 lettered lots for the development of 465 residential units including 211 single family detached units, 68 carriage way units, and 186 condominium units; and, 5. Adopt Resolution No. 3947 approving Design Review 04-004 for the site and architectural design for the development of 326 residential units on Parcel 35 in City of Tustin and 139 residential units on Parcel 36 currently in City of Irvine upon annexation to City of Tustin for a total of 465 residential units in Planning Area 21 (Parce! 35 and 36;. Planning Commission Report Columbus Grove Project February 14, 2005 Page 3 BACKGROUND AND DISCUSSION The site is bounded by Moffett Avenue on the north, Harvard Avenue and City of Irvine medium density residential areas on the east, the Peters Canyon Flood Control Channel and Jamboree Road on the west, and Warner Avenue on the south (Attachment A -Location Map) Planning Area 21 contained 711 military units in City of Tustin and 150 military units in City of Irvine. These units were no longer habitable and demolished last year. The project site is comprised of 86.26 gross acres (Parcel 35: 64.62 acres & Parcel 36: 21.64 acres) owned by the Marble Mountain LLC, who purchased the property directly from Department of Navy through a land auction. Parcel 36 is currently within the City of Irvine and proposed to be annexed to City of Tustin under a separate action. The applicant is requesting approval to construct 465 residential units including 211 single-family detached units, 68 carriage way units, and 184 condominium units. The remainder of Planning Area 21 (parcel 34) was approved in 2003 for construction of 189 residential units by John Laing Homes and is currently under construction. The applicant has filed a landowner petition with the Local Agency Formation Commission (LAFCO) for the reorganization of the boundary between Tustin and Irvine. The proposed reorganization includes a request for detachment of approximately 21.6 acres (referred to as Parcel 36 in this report) from the City of Irvine and Specific Plan Amendment for annexation of this area and related land use and development standards. This request is provided under separate action (Specific Plan Amendment/Zone Change 04-001). Planning Area 21 is located within Neighborhood G, which is intended to be a low- density residential enclave within Tustin Legacy and provide a desirable transition from the commercial areas of Tustin Legacy to existing Tustin and- Irvine residential areas (Attachment B -Neighborhood Map). PROJECT AND ASSOCIATED ACTIONS Specific Plan AmendmentlZone Change The applicant has proposed a new single family detached product to accommodate an alley loaded garage design instead of street facing garages. The new product referred to as "Carriage Way Units" will meet all the requirements of the single family detached product with the exception of the rear yard setback as follows: Definition: A type of single family detached product that is located on a minimum thirty-six (36) foot wide paved street with a ten (10) foot parkway on both sides. of the paved portions of the street with a garage that is located to the rear of the residence and takes ac:,ess Planning Commission Report Columbus Grove Project February 14, 2005 Page 4 from a rear two-way alley that is a minimum of twenty-four (24) feet wide. Rear yard setback: A minimum of three (3) feet to the alley for garage area and a minimum of seven (7) feet for living areas. Guest parking: One hundred (100) percent of guest parking may be provided parallel to the travel way on a public or private street with a minimum paved width of thirty-six (36) feet. The alley loaded garages will encourage a neo-traditional streetscape with the same density as Single Family Detached units. Most of the units take access from a private street with on site parking and the required numbers of guest parking spaces have been provided. These standards are included as Attachment A to Resolution No. 3944 for the Specific Plan Amendment/Zone Change 04-002 and will be adopted if the City Council approves Zone Change 04-002. The specific plan also requires a minimum 10 acre development site for condominium projects (MCAS Tustin Specific Plan Section 3.9.4.G). One of the condominium projects (triplex units) are proposed on two parcels separated by the main street ("P" Street) to the project on an approximately nine (9) acre site. Since this product is proposed as part of Tentative Tract Map 16582 that encompasses 86.26 acres and will be developed as part of the larger community, staff believes that the intent of the specific plan requirement will be met and recommends approval of the specific plan amendment to allow development of the triplex product on the 9-acre site. Standards for the proposed amendment to MCAS Tustin Specific Plan are included in Attachment A of Resolution No. 3944. Conceat Plan Concept plan approval is required for each Planning Area, except Planning Area 2 (Community Park) prior to or in conjunction with a new development proposal. The purpose of the concept plan is to ensure that: ^ Necessary linkages are provided between the development and the Neighborhood/Planning Area in which it is located; The integrity and intent of the Specific Plan is maintained in each Neighborhood/Planning Area; and, ^ Other requirements that are not included in the Specific Plan are addressed. The proposed concept plan includes Parcel 35 located in City of Tustin and Parcel 36 located in City of Irvine. As shown on Concept Plan 03-004 the proposed project: provides for continuity of vehicular, pedestrian, and infrastructure facilities and linkages, including drainage facilities; incorporates quality architectural and landscape design and urban design features suer as entr\~ and edge treatments, streetscape and landscape Planning Commission Report Columbus Grove Project February 14, 2005 Page 5 concepts, site and architectural design, provides for phasing of development; and, incorporates the requirements of the Specific Plan and other requirements, such as the Uniform Building Code and Construction Standards for Private Improvements. As conditioned, the proposed project would meet the intent and purpose of the concept plan as set forth in the Specific Plan. Tentative Tract Map 16582 Two (2) access points are provided to the site; the main access is provided from Harvard Avenue and the secondary access is provided from Moffett Avenue. A portion of the access from Harvard Avenue is currently within City of Irvine and will be annexed as part of Parcel 36 to City of Tustin if the annexation is approved. The subdivision request includes division of the 86.26 acres into 286 numbered lots and 68 lettered lots for the purpose of developing 286 single family parcels (traditional single family detached and carriage way units) and two condominium projects. The proposed tract map would include the following lots: • Lots 1-23, 36-79, 99-141-, 271-286, 24-35, 80-88 and 173-236 (total of 211) -- will accommodate single-family dwellings. • Lots 89-98, 142-172, and 244-270 (total of 68 lots) -- will accommodate carriage way units. • Lots 238-241 will accommodate a condominium project containing 102 triplex units; • Lots 242-243 will accommodate a condominium project containing 84 four-unit products. • Lot 237 and Lot BC will accommodate the park sites. • Lots R, S, And X will accommodate open space lots. • Lots A-P and BD-BB will accommodate private streets and private drives. • Lots AR and V will accommodate landscape setback along Moffett Avenue • Lots W and 1-B-3 will accommodate a landscape setback along Harvard Avenue. • Lots AO, BO, BP are dedication lots to City of Tustin to accommodate traffic signals and Moffett Avenue roadway design. • Lot BO is a dedication lot to the City of Tustin to accommodate the future Peters Canyon trail Planning Commission Report Columbus Grove Project February 14, 2005 Page 6 The site includes 279 single family detached units and 186 condominium units as follows: Parcel 35 -City of Tustin • 195 single family detached • 41 carriage way units • 102 condominium units • Average density -- seven (7) dwelling units per acre Parcel 36 -City of Irvine • 16 single family detached units • 27 carriage way units • 84 condominium units • Average density of 8.6 dwelling units per acre Since one of the triplex units traverses city boundary lines, the three (3) units have been counted in calculation of the triplex product in the City of Tustin for the purpose of calculating average density. Development of the site would require on-site and off-site infrastructure improvements, including design and construction of curb and gutter at the project entries on Harvard Avenue and on Moffett Avenue; sidewalk and curb ramps on Harvard Avenue and Moffett Avenue; lateral connections for storm drain, domestic water, reclaimed water, sanitary sewer, and dry utility services; landscape and irrigation systems along Harvard Avenue and Moffett Avenue, and new traffic signals at the project entries located at Harvard Avenue/Lot "BN" (subject to 50 percent reimbursement from the John Laing Homes development to the north) and Harvard Avenue/Lot "B." In addition, the applicant will be responsible for all infrastructure and landscape improvements for the future extension of the Peters Canyon trail within Lot "BO." Resolution No. 3946 includes conditions to ensure compliance with the MCAS Tustin Specific Plan, the FEIR/EIS Mitigation Monitoring Program, the Subdivision Map Act, and the City's Subdivision Ordinance. Design Review 04-004 Site and Architecture The site is designed with a park site at the center, single family residential and carriage way units along the westerly portion of the site and triplex and cluster condominium units along the easterly and southerly portion of the site. The architecture of the residential products has been designed to be complementary in style, materials, and colors. Planning Commission Report Columbus Grove Project February 14, 2005 Page 7 The proposed single family products are mainly two stories proposed as Colonial Revival, Craftsman, Tudor, French Influence California Bungalow, and Monterey, architectural styles. The carriage way units are proposed as French Influence, California Bungalow, Stone Colonial, Victorian, Monterey Revival. The triplex units that are located along the main entry road from Harvard Avenue are designed in the Monterey, Colonial and Craftsman architectural styles and the condominium units (four- plex) that are located along the Edison right-of-way and the Warner Avenue channel are proposed in the Craftsman and California Bungalow architectural styles (Attachment D -Development Plans). The proposed residential products are summarized as follows: 65'X100'. SFD (Colonial Revival, Craftsman. Tudor. French Influence Plan 1 3,794 s.f. Plan 2 3,840 s.f. Plan 3 4,071 s.f. Plan 4 4,472 s.f. 55'X100' SFD (California Bungalow. Monterev Colonial Revival) Plan 1 2,994 s.f. Plan 2 3.307 s.f. Plan 3 3,747 s.f. 55'X80' SFD (Colonial Revival. French Influence. California Bungalow Craftsman) Plan 1 2,537 s.f. Plan 2 2,710 s.f. Plan 3 2,878 s.f. 45'X90" Carriage Wav Homes (French Influence, California Bungalow. Stone Colonial Victorian. Monterev Revival) Plan 1 2,551 s.f. Plan 2 2,760 s.f. Plan 3 3,119 s.f. Triplex (Monterev. Colonial, Craftsman) Plan 1 1,136 s.f. Plan 2 857-908 s.f. Plan 3 999-1,025 s.f. Cluster Homes Plan 1 1,663 s.f. Plan 2 1,594 s.f. Plan 3 1,626 s.f. Plan ~ i.9G? s.`. Planning Commission Report Columbus Grove Project February 14, 2005 Page 8 All of the plans include a variety of roof and elevation designs to provide variety. In addition, the applicant has submitted enhanced elevations for the units located along Harvard Avenue, and Moffett Avenue. Conditions contained within Resolution No. 3947 require that these elevations and the building and site design of the recreational facility located in the Center of the site be designed with adequate articulation reflective of architectural styles of the tract, subject to review and approval of the Community Development Director. Landscaping A variety of vertical and broad dome trees are proposed to create the design mixture that is required for the perimeter roadway streetscapes by Section 2.17 of the MCAS Tustin Specific Plan (Attachment D -Landscape Concepts). The streetscape along Harvard Avenue will feature a thirty (30) foot landscape setback and a five (5) foot wide meandering sidewalk along with Eucalyptus trees, Jacarandas, London Plan trees and Pine trees. The proposed trees for the entries and interior of the project include Camphor trees, California Pepper, Rusty Leaf Fig, Southern Magnolia, Chinese Pistache, and California Sycamore along. In addition, the two project entries will feature a variety of accent trees such as Goldenrain tree, Southern Magnolia, Chinese Pistache, and enhanced paving. The Moffett Avenue streetscape includes a twenty (20) foot landscape setback and a five (5) foot wide sidewalk with Eucalyptus, Brisbane Box, and Afghan Pine trees. A portal entry with an accent tree would be installed at the northeast corner of Harvard Avenue and Moffett Avenue as required by Section 2.17 of the MCAS Tustin Specific Plan that will be coordinated with the John Laing Homes project at the opposite corner north of the project site. Condition 8.3 of Resolution No. 3947 requires that the design be coordinated for both projects. The interior of the site is designed with the park site as a focal point. The interior streetscape includes a typical twelve (12) foot parkway with a five (5) foot sidewalk. Three (3) pedestrian accesses are proposed from the site to the future Peters Canyon trail identified as Lot R, S, and X on Tentative Tract Map 16582. Condition 8.4 of Resolution No. 3947 requires that post a bond for design and construction of future connections from the open space areas to Peters Canyon trail. The improvements can be designed and constructed when the finished grade for the County trail is determined. All perimeter and interior landscape and hardscape within common areas would be installed by the developer and maintained by the homeowners association. The specific location, species, and number of trees, shrubs, and groundcovers would be identified at plan check, subject to review and approval of the Community Development Department. Planning Commission Report Columbus Grove Project February 14, 2005 Page 9 Sound Walls Sound attenuation measures are required to be included in the project in accordance with Section 3.9.4.J of the MCAS Tustin Specific Plan and adopted mitigation measures of the FEIS/EIR. To determine the types of noise measures, a noise analysis was prepared and submitted that indicates sensitive receptors are located along the four perimeters of the site (Attachment F -Submitted Noise Analysis) including Moffett Avenue, Harvard Avenue, Peters Canyon Flood Control Channel and Jamboree Road, and Warner Avenue. A sound wall of five (5) feet six (6) inches in height is recommended for units along Moffett Avenue and a sound wall six (6) feet in height is recommended for units along Harvard Avenue and Warner Avenue. The sound walls will provide a maximum exterior noise standard of 65 dB CNEL in outdoor living areas, and building construction techniques will ensure an interior noise level of maximum 45 dB CNEL in all habitable rooms, as required by Tustin City Code Sections 4614 and 4615 related to noise standards for residential uses. Conditions 12.1 and 12.2 of Resolution No. 3947 are included to ensure that these requirements are reflected in the design of the project. The noise analysis indicates that the exterior noise level for units long Peters Canyon Channel will be less than 65 dBA as required by Tustin Noise ordinance and a noise wall is not required. However, a tract perimeter block wall will be installed along Peters Canyon Channel that will also provide noise attenuation for the units along this edge. The perimeter wall along the Peters Canyon trail would be installed by the applicant and maintained by the homeowners association as requested by the Orange County Flood Control District. Resolution No. 3947 requires installation of the wall within private property and requires that the homeowners association assumes responsibility for the maintenance of this wall. Site Plan, Access, Circulation. Traffic, and Parking Access Access to the site is provided from Moffett Avenue and Harvard Avenue. The main access is provided on Harvard Avenue which is currently within City of Irvine and will be annexed as part of Parcel 36 to the City of Tustin (if annexation No. 159 is approved). All streets are proposed as private streets and meet the minimum width standards per MCAS Tustin Specific Plan Section 2.5.2(6)(8). The main access from Harvard Avenue includes a raised median on the entire length that loops around the main park area. The street layout follows a curvilinear pattern with cul-de-sacs. Four (4) of the cul-de-sacs are aligned with the open space park that links the site to the future Peters Canyon trail. The major interior streets are provided with a thirty (36) six foot wide paved surface to accommodate guest parking on both sides with the exception of carriage way product that include atwenty-four (24) secondary alley access to garages with no parking. Planning Commission Report Columbus Grove Project February 14, 2005 Page 10. The site design is pedestrian orientated in that there are interior sidewalks on both sides of all the private streets and through the common areas. A pedestrian link to Harvard Avenue and Moffett Avenue will be provided from the main entries to the site. Trafirc Analysis The applicant submitted a traffic study which concluded that the project can be accommodated within the street systems of the cities of Tustin and Irvine with installation of a traffic signal at the main entry from Harvard Avenue (Attachment E - Traffic Study). The report also noted that a traffic signal is projected to be warranted.in the future at Moffett Avenue. The project would also require modification to the existing traffic signal at Harvard and Moffett intersection. Parking All of the units are provided with the required number of garage spaces as specified in MCAS Tustin Specific Plan Table 3-4, and the required guest parking will be provided as follows: Product Number of Units Re uired Guest Parkin Provided Condominium 102 26 21 off-street Units tri lex 86 on-street Condominium 84 21 74 on-street Units four- lex Carriage Way 68 34 176 on-street Single Family Detached Units Single Family 211 106 261 on-street Detached Units Guest parking spaces for the single family detached and carriage way products will be provided on both sides of the private streets that are a minimum thirty-six (36) feet wide; a total of 597 on street guest parking spaces will be provided. The condominium units in City of Tustin are subject to MCAS Tustin Specific Plan Table 3-4, which allows a maximum of fifty (50) percent of required guest parking to be provided as on-street parking. Twenty four (24) off-street parking spaces are provided for the Triplex product. The condominium units in City of Irvine are subject to requirements of Village 38 standards (0.7 guest parking spaces per unit) that can be provided as on-street parking and therefore 74 on-street parking spaces are provided to accommodate the Cluster units in Irvine. To accommodate the park users, thirty-six (36) guest additional stalls would be provided on two separate parking lots on the east and west side of the main park. Planning Commission Report Columbus Grove Project February 14, 2005 Page 11 Model Home Sales Complex and Phasing Plan A model home site and phasing plan has been submitted that includes the model home sites at the perimeter of the park site and number of units in each phase. The proposed phasing is as follows: 65'X100' 55'X100' 45'X90' 55'X80' Tri lex Cluster Models 4 4 3 4 3 (1 M) 4 Phase 1 11 11 15 11 27 (9 M & a T) 16 Phase 2 11 10 13 9 24 (9 M & 3 T) 16 Phase 3 11 7 10 9 21 (4 M & 3 T) 12 Phase 4 12 10 12 12 21 (5 M & 2 T) 12 Phase 5 11 6 N/A 15 N/A 12 Phase 6 N/A N/A N/A 14 N/A N/A Phase 7 N/A N/A N/A 9 N/A N/A Built-out 7 11 15 2 6 (2 M) 12 Total 67 59 68 85 102 84 M- Moderate Income Units (total 30 units) T-Transitional Units (total 12 units) The affordable units are provided in the Triplex units which include thirty (30) units for Moderate Income and twelve (12) Transitional units for homeless providers as required by Section 3.9.4 of MCAS Tustin Specific Plan. Park Credit/ Open Space Since the MCAS Tustin Specific Plan process included public conveyance of City parks and an Urban Regional Park, individual developers were relieved of the requirement to dedicate land for park purposes. However, developers are required to pay a parkland dedication in-lieu fee subject to the provisions of the City's parkland dedication ordinance, which permits a waiver for recreational open space if affordable housing is being provided. The project community includes two park sites. The main park site is located at the center of the site and can be directly accessed from the main entry to the project on Harvard Avenue. This park is 2.11 acres in area and includes private recreation areas with a junior Olympic size swimming pool, a clubhouse and connects to an open space with pedestrian links from the park site to the future Peters Canyon trail to the north. A 2.71 acre linear park is also proposed adjacent to the Edison right-of-way along Harvard Avenue, which creates a buffer for the residential units from the SCE electrical poles on Harvard Avenue. As recommended by the Director of Park and Recreation Department the main park is centrally located, accessible to the public from Harvard Avenue and eligible for park land credit. The linear park is localized in the community; Planning Commission Report Columbus Grove Project February 14, 2005 Page 12 however there will be trail connection and access opportunities to Harvard Avenue. Therefore, this area may be eligible for partial park land credit. Upon the project's approval, a waiver for parkland requirements for the affordable housing units and the improvement costs for the publicly accessible on-site parks could be granted which reduces the required park land in-lieu fee to 1.07 acres as follows: Total ark land Re wired 4.59 acres Parkland Credit Eli ible 2.35 acres Parkland credit for Improvement Cost Eligible Based on $437,616 im rovement value as a raised value er acre 0.76 acres Affordability Park Credit Eligible 42 units 0.0098 = 0.41 0.41 Total Parkland In-lieu Fee Re uirement 1.07 acres Resolution No. 3946 would provide for recordation of public access easements to the park area that will be accessible to the public and require homebuyer notification regarding the public use of the park. Site and architectural plans for the park site would be provided as a separate submittal per Resolution No. 3947, which requires approval of the Community Development Department and Park and Recreation department for the park design and facilities. Affordable Housing • Parcel 35 In accordance with the requirements of Section 3.9.4 of MCAS Tustin Specific Plan Parcel 35 requires construction of the following affordable units: 20 units for Very Low Income families (including 12 transitional units) 17 units for Low Income families 30 units for Moderate Income families. Total 67 units A total of forty-two (42) affordable units, including the twelve (12) required Transitional Units for the very low income category and thirty (30) Moderate units are proposed to be provided within the triplex product. The applicant has requested that eight (8) of the Very Low income units and seventeen (17) Low Income units be transferred to Planning Area 5 of the MCAS Tustin Specific Plan as part of development of Columbus Square project (Tentative Tract Map 16581). The proposed affordable units can be summarized as follows: Planning Commission Report Columbus Grove Project February 14, 2005 Page 13 12 units for Very Low Income families (moved 8 units to PA 5) 0 unit for Low Income families (moved 17 units to PA 5) 30 units for Moderate Income families. Total 42 units • Parcel 36 The affordability requirement for Parcel 36 has been considered and approved by City of Irvine in conjunction with development of Parcel 37 south of Warner Avenue (within City of Irvine boundary). Based on the requirements of MCAS Tustin Reuse plan, the two parcels (Parcel 36 and 37) require eighty-three (83) affordable units; however the City of Irvine affordable housing program allows the developer to pay for in-lieu fees for off-site development of affordable units and therefore as proposed, only twenty-seven (27) affordable units, including fourteen (14) transitional units for Families Forward (as required by the MCAS Tustin Specific Plan), will be provided on Parcel 37. In preparation of the MCAS Tustin Reuse Plan and Homeless Submission to the Department of Housing and Urban Development (HUD), the City of Irvine committed to the provision of affordable units within the future development on Reuse Disposal Parcels 36 and 37. Accordingly, prior to approval of subdivision tract south of Warner Avenue (approved on October 26, 2004), the City of Irvine was requested to submit a letter to City of Tustin accepting responsibility for approving the transfer, modification, and reduction of these requirements that would hold the City of Tustin harmless from any claim, action, or proceeding brought by a third party against the City of Tustin on the provision of affordable housing on Reuse Disposal Parcels 36 and 37. The acceptance letter has not been submitted by City of Irvine. Condition 2.5 of Resolution No. 3946 requires that the applicant execute an agreement with City of Tustin to ensure that obligations of affordable housing units for Parcel 36 will be provided in City of Irvine, or the applicant will be required to amend the Affordable Housing Plan submitted to City of Tustin to provide twenty-one (21) units on Parcel 36. Each of the affordable units will have an Affordable Housing Covenant to ensure the unit remains affordable for a period of 45 years. If the original or subsequent purchaser sells the unit before 45 years have elapsed, the unit must be sold to a household that meets the applicable income level. Twelve (12) transitional units would be transferred to Families Forward and Orange Coast Interfaith Shelter as required by the Homeless Accommodation Strategy approved by City of Tustin and The Department of Housing and Urban Development (HUD). Planning Commission Report Columbus Grove Project February 14, 2005 Page 14 ENVIRONMENTAL DOCUMENTATION On January 17, 2001, the City Council certified the Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR). The proposed density is consistent with development intensity considered in FEIS/EIR. Staff has prepared a checklist that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified (Exhibit 1 of Resolution No. 3943). In addition, a mitigation monitoring program matrix was prepared by the Community Development Department that identifies the specific mitigation measures or implementation measures identified in the FEIS/EIR that are applicable to the project; all applicable mitigation measures in the FEIS/EIR are included as conditions of approval in Resolution Nos. 3946 and 3947. A decision to approve the proposed project may be supported by the findings contained in Resolution Nos.3944, 3945, 3946, and 3947. a~~ Minoo Ashabi Associate Planner ~~,~~- Elizabeth A. Binsack Community Development Director Attachments: A -Location Map B -Neighborhood Map C -Concept Plan D -Development Plans and Tentative Tract Map 16582 E -Traffic Study F -Noise Analysis G -Statistical Summary H -Resolution Nos. 3943, 3944, 3945, 3946, 3947 S:\Cdd\PCREPORT\20051Lennar -Columbus Grove.doc RESOLUTION NO. 3945 A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONCEPT PLAN 03-004 TO SUBDIVIDE 86.28 ACRES (GROSS AREA) AND DEVELOP 465 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC PLAN (PARCEL 35 AND PARCEL 36) The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Marble Mountains Partners LLC submitted a proper application for Concept Plan 03-004 to subdivide 86.26 acres for the purpose of developing 465 residential units (211 detached single family dwellings, 68 detached single family carriage way dwellings;- 102 condominium units (triplex units) and 84 condominium units (four-plex cluster units) in Planning Area 21 of the MCAS Tustin Specific Plan on MCAS Tustin Reuse Plan Disposal Parcels 35 and 36; B. That pursuant to Section 4.2.1 of the MCAS Tustin Specific Plan, submittal of a concept plan for development of planning areas is required prior to or concurrent with an initial subdivision application; C. The proposed concept plan encompasses Parcel 35 in the City of Tustin and Parcel 36 is in the City of Irvine, which is proposed to be annexed to City of Tustin under separate action. D. That Marble Mountains Partners LLC has submitted concurrent development applications identified as Zone Change 04-002, Tentative Tract Map 16582, Design Review 04-004, and a request for incentives for the provision of affordable housing and a request to transfer affordable housing units from Planning Area 21 to Planning. Area 5; and, E. That Concept Plan 03-004 is in conformance with the Tustin Area General Plan and MCAS Tustin Specific Plan and approval of Concept Plan 03-004, subject to conditions contained in Resolution Nos. 3946, and 3947 would achieve the development concepts set forth by the MCAS Tustin Specific Plan, including: Ensuring the continuity and adequacy of all circulation systems, such as: roadways, access points, trails, Resolution No. 3945 Page 2 pedestrian ways and other infrastructure systems needed to serve the project; 2. Ensuring the continuity and design quality of architecture, landscape, and hardscape themes and treatments; 3. Providing urban design features as per Chapters 2 and 3 of the MCAS Tustin Specific Plan; 4. Ensuring conformity with the Non-Residential Land Use Trip Budget; and, 5. Ensuring compliance with all applicable provisions of the MCAS Tustin Specific Plan. II. The Planning Commission hereby approves Concept Plan 03-004 for development of 465 residential units, subject to the conditions of approval attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14t" day of February, 2005. IZABETH A. BIN ACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) J N NIELSEN Chairperson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3945 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day February 2005. ELIZABETH A. BI SACK Planning Commission Secretary EXHIBIT A-CONCEPT PLAN 03-004 RESOLUTION N0.3945 CONDITIONS OF APPROVAL (1) 1.1 Resolution No. 3945 shall become null and void in the event that General Plan Amendment 04-001 and Zone Change 04-001 applicable to MCAS Tustin Reuse Plan Disposal Parcel 36 and Resolution Nos. 3944, 3946, 3947 approving Concept Plan 03-004, Zone Change 04-002, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, are not approved by the City Council. (1) 1.2 Resolution No. 3945 shall not become effective until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective. (1) 1.3 Approval of Concept Plan 03-004 shall be contingent upon implementation of all conditions of approval contained within Resolution Nos. 3943, 3944, 3946, and 3947. RESOLUTION NO. 3947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 04-004 AUTHORIZING THE DEVELOPMENT OF 465 RESIDENTIAL UNITS (211 SINGLE FAMILY DETACHED, 68 CARRIAGE WAY UNITS, 188 CONDOMINIUM UNITS) ON A 88.28 ACRE (GROSS) PARCEL WITHIN PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC PLAN ON MCAS TUSTIN REUSE PLAN DISPOSAL PARCELS 35 AND 38 The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Design Review 04-004 was submitted by Marble Mountain Partners LLC for development of 465 residential units, including 211 detached single family dwelling units, 68 detached carriage way single family dwelling units, and 186 condominium units oh a 86.26-acre site within Planning Area 21 of the MCAS-Tustin Specific Plan on MCAS Tustin Reuse Plan Disposal Parcels 35 and 36; B. That a public hearing was duly called, noticed, and held for said application on January 24, 2005 and continued to February 14, 2005 by the Planning Commission; C. That the site is located in the "MCAS-Tustin Specific Plan" land use designation of the General Plan, which provides for residential development, and in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential on MCAS Tustin Reuse Plan Disposal Parcel 35 and Parcel 36, which is currently located in the City of Irvine and proposed to be annexed to City of Tustin in the near future under separate action; D Pursuant to the MCAS Tustin 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. Resolution 3947 DR 04-004 Page 2 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. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. E. That the applicant has requested approval of Tentative Tract Map 16582- (The "Map") in conjunction with the applications for Design Review 04-004, and findings and conditions of approval related to site design, street design, open space and park site design, and dedication of necessary right-of-way and provision of necessary infrastructure improvements have been included in Resolution No. 3946 recommending approval of The Map. F. That a Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (FEIS/EIR) was prepared and certified, which considered the potential development of low density residential units and that the proposed project includes 465 units as considered in the FEIS/EIR. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been idenfrfied; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The Planning Commission has adopted Resolution No. 3943 finding that the FEIS/EIR adequately addressed all potential impacts related to the project. The Planning Commission hereby approves Design Review 04-004 for development of 465 residential units including 211 detached single family residential units, 68 carriage way single family units, and 186 condominium units on a 86.26-acre site (Reuse Plan Disposal Parcels 35 and Parcel 36) within Planning Area 21 of the MCAS-Tustin Specific Plan, subject to the conditions contained in Exhibit A attached hereto. Resolution 3947 DR 04-004 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 14~h day of February, 2005. J NIELSEN Chairperson LIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3947 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 2005. IZABETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW 04-004 RESOLUTION NO. 3947 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall be compliance with the MCAS Tustin Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped February 14, 2005, 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 Resolution No. 3947 shall become null and void in the event that General Plan Amendment 04-001 and Zone Change 04-001 applicable to MCAS Tustin Reuse Plan Disposal Parcel 36 and Resolution Nos. 3944, 3945, and 3946 approving Concept Plan 03- 004, Zone Change 04-002, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, are not approved by the City Council (1) 1.4 Resolution No. 3947 shall not become effective as it applies to any development located on Parcel 36 including units that traverse jurisdiction boundaries until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective. (1) 1.5 The development of the project described in Design Review 04-004 shall be designed and constructed in accordance with Concept Plan 03-004, Zone Change 04-001 for Parcel 36, Zone Change 04- 002 for Parcel 35, and Tentative Tract Map 16582, as approved by Resolution Nos. 3944, 3945, 3946, and 3955, which are incorporated herein by reference. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW '"' EXCEPTION Resolution 3947 DR 04-OlM Page 2 (1) 1.6 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered by the Community Development Director if a written request is within thirty (30) days prior to expiration date. (1) 1.7 Approval of Design Review 04-004 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) 1.8 As a condition of approval of Design Review 04-004, the applicant shalt agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (5) 1.9 The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan and comply with related conditions contained in the housing incentive agreement as required by Resolution No. 3946. (5) 1.10 Project phasing shall be in accordance with the phasing set forth in Resolution No. 3946. GRADING PLAN SUBMITTAL (1) 2.1 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 3946 shall be met. (1) 2.2 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer in accordance with the City of Tustin's Grading Ordinance and other applicable regulations, shall be submitted and Resolution 3947 DR 04-004 Page 3 shall include the following: A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Two (2) copies of a hydrology report and Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage flow lines in all driveways and roadway shall be shown on a storm drain plan. E. Information demonstrating that catch basin placement at all street tapers shall be evaluated and reconfigured,rf necessary, to eliminate trapped water conditions. F. Information demonstrating that all roadway drainage shall be designed to drain low points out of street intersections. G. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin's "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, except for deviations approved by the Building Official and authorized in Resolution No. 3946. The minimum turn radii may be reduced from twenty-five (25) foot requirement for private drives if adequate truck turns for delivery trucks, emergency vehicles and trash hauler trucks can be provided and upon approval by the Building Official. A six (6) inch minimum raised concrete curb shall be provided at all private streets and private drives. Rolled curbs are only permitted in private courts or at garage driveways, subject to review and approval by the Building Official. H. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. EXHIBIT A DESIGN REVIEW 04-004 RESOLUTION NO. 3947 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall be compliance with the MCAS Tustin Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped February 14, 2005, on file with the Community Development Department, except as herein modirfied, 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 Resolution No. 3947 shall become null and void in the event that General Plan Amendment 04-001 and Zone Change 04-001 applicable to MCAS Tustin Reuse Plan Disposal Parcel 36 and Resolution Nos. 3944, 3945, and 3946 approving Concept Plan 03- 004, Zone Change 04-002, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, are not approved by the City Council. (1) 1.4 Resolution No. 3947 shall not become effective as it applies to any development located on Parcel 36 including units that traverse jurisdiction boundaries until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective. (1) 1.5 The development of the project described in Design Review 04-004 shall be designed and constructed in accordance with Concept Plan 03-004, Zone Change 04-001 for Parcel 36, Zone Change 04- 002 for Parcel 35, and Tentative Tract Map 16582, as approved by Resolution Nos. 3944, 3945, 3946, and 3955, which are incorporated herein by reference. STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT CEQA MITIGATION (6) LANDSCAPING GUIDELINES UNIFORM BUILDING CODES (7) PC/CC POLICY DESIGN REVIEW "' EXCEPTION Resolution 3947 DR 04-004 Page 2 (1) 1.6 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within 24 months. All time extensions may be considered by the Community Development Director if a written request is within thirty (30) days prior to expiration date. (1) 1.7 Approval of Design Review 04-004 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) 1.8 As a condition of approval of Design Review 04-004, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (5) 1.9 The applicant shall implement an affordable housing program in compliance with all applicable provisions of MCAS Tustin Specific Plan and comply with related conditions contained in the housing incentive agreement as required by Resolution No. 3946. (5) 1.10 Project phasing shall be in accordance with the phasing set forth in Resolution No. 3946. GRADING PLAN SUBMITTAL (1) 2.1 Prior to issuance of a grading permit all requirements related to private infrastructure contained within Resolution No. 3946 shall be met. (1) 2.2 Four (4) sets of final grading plans, including a site plan, and consistent with the landscaping plans, as prepared by a registered civil engineer in accordance with the City of Tustin's Grading Ordinance and other applicable regulations, shall be submitted and shall include the following: Resolution 3947 DR 04-004 Page 3 A. Technical details and plans for all utility installations including telephone, gas, water, and electricity. B. Three (3) copies of a precise soils report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. C. Two (2) copies of a hydrology report and Information demonstrating that all site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. D. Information demonstrating that drainage flow lines in all driveways and roadway shall be shown on a storm drain plan. E. Information demonstrating that catch basin placement at all street tapers shall be evaluated and reconfigured, if necessary, to eliminate trapped water conditions. F. Information demonstrating that all roadway drainage shall be designed to drain low points out of street intersections. G. Information demonstrating that drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the City of Tustin`s "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, except for deviations approved by the Building Official and authorized in Resolution No. 3946. The minimum turn radii may be reduced from twenty-five (25) foot requirement for private drives if adequate truck turns for delivery trucks, emergency vehicles and trash hauler trucks can be provided and upon approval by the Building Official. A six (6) inch minimum raised concrete curb shall be provided at all private streets and private drives unless otherwise approved by the Building Official. Rolled curbs are only permitted in private courts or at garage driveways, subject to review and approval by the Building Official. H. Information demonstrating that vehicle parking, primary entrance to the building, primary paths of travel, sanitary facilities, drinking fountain, and public telephones for the recreation building shall be accessible to persons with disabilities. Resolution 3947 DR 04-004 Page 4 Building and landscape setback dimensions and dimensions for all drive aisles, back up areas, each covered parking stall, and open parking stalls. Details indicating that a maximum streetlight spacing of 200 feet staggered from side to side along the street shall be used for on-site street lighting (per City of Tustin Private Street Standards for local private residential streets) and placement of streetlights in relation to the intersection locations and other driver decision points for safe pedestrian access through the site. (1) 2.3 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.4 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit- (1) 2.5 Prior to issuance of a grading permit, the applicant shall be required to provide a performance bond to assure grading work is completed in accordance with approved plans. The engineer's estimated cost shall be submitted to the Building Official for determination of the bond amount. (1) 2.6 A note shall be provided on the final plans indicating that a six (6) foot high chain link fence shall be installed around the site prior to grading. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. BUILDING PLAN SUBMITTAL (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (3) 3.2 Building plan check submittal shall include the following: Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Two copies of structural calculations. Two copies of Title 24 energy calculations. Resolution 3947 DR 04-004 Page 5 • Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable • Details for the proposed windows and doors. Roofing material shall be fire rated class "B" or better. • The location of any utility vents or other equipment shall be provided on the roof plan. • Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. • A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." • Noise attenuation features as required by Conditions 12.1 to 12.3 of this Resolution. • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 3.3 Sufficiently sized concrete pad in front of mailbox structures shall be provided to allow mail carrier to place mail and homeowner to retrieve mail without standing in the street or landscape area except as required by US Postal service. (3) 3.4 Vehicle parking, primary entrance to the pool and recreational building, the primary path of travel, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least. one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.5 Prior to issuance of any permit, a will serve letter from Irvine Ranch Water District (IRWD) and approval of the water/ sewer plans is required. (3) 3.6 Two (2) exits are required from the third floor of residential occupancy when, the floor area of the third floor exceeds 500 square feet. (3) 3.7 Provide area analysis for all buildings (residences and garages), and show compliance with allowable floor areas based on 2001 California Building Code Chapter 5, Table 5-B. (3) 3.8 Escape or rescue windows shall be provided in all sleeping rooms, in accordance with the 2001 California Building Code (Section 310.4). Resolution 3947 DR 04-004 Page 6 (3) 3.9 Dwelling units shall be provided with heating facilities capable of maintaining a temperature of 70 degrees at a point three (3) feet above the floor in all habitable rooms in accordance with the 2001 California Building Code (Section 310.11). (1) 3.10 The clear and unobstructed interior garage dimensions for each parking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall be shown on the plans. (4) 3.11 Information to ensure compliance with requirements of the Orange County Fire Authority shall be submitted including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (1) 3.12 Footings for all retaining walls shall be located within the tract boundary. (1) 3.13 No structures shall be permitted to be developed over active pipelines, abandoned lines, or utility easements, except where approved by the City Engineer and/or Building Official. (1) 3.14 At plan check all private streets shall meet the requirement of the City of Tustin Private Improvement Standards with exception of turn radii deviation that require approval by the Building Official. (1) 3.15 If determined feasible by the Building Official, the applicant shall implement one or more of the following control measures, if not already required by the SCAOMD under Rule 403 during construction as follows: a) Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. b) Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment on-site and off-site. c) Use electricity from power poles rather than temporary diesel or gasoline-powered generators. d) Reduce traffic speeds on all unpaved roads to 15 mph or less. e) Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. Resolution 3947 DR 04-004 Page 7 f) Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). g) Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. h) Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two (2) feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). i) Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). j) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip. k) Use low VOC architectural coatings for all interior and exterior painting operations. PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS (1) 4.1 All conditions of Resolution No. 3946 related to private on-site infrastructure shall be implemented. WATER QUALITY (1) 5.1 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $5,000.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any Resolution 3947 DR 04-004 Page 8 additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. The property owner shall include in the covenants, conditions, and restrictions required by Resolution No. 3946, as approved by the City Attorney, requiring the property owner, successors, tenants (if applicable), and assigns to operate and. maintain in perpetuity the post-construction BMPs described in the WOMP for the project. D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 5.2 Prior to issuance of grading permits, 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. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. (1) 5.3 The following requirements shall be defined on permit plan cover sheets as either general or special notes and the project shall be implemented in accordance with the notes: A. Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. B. Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or, contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302. C. During construction, disposal of pollutants shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, State, and Federal requirements. Potential pollutants include, but are not limited to, solid or liquid chemical spills; wastes from paints, stains, Resolution 3947 DR 04-004 Page 9 sealants, glues, limes, pesticides, herbicides, wood preservatives, and solvents; asbestos fibers, paint flake or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water, concrete, detergent or floatable wastes; wastes from any engine equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushing. D. Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System Permit from the California State Regional Water Quality Control Board. MODEL HOME PLAN AND CONSTRUCTION PHASING (1) 6.1 A master site plan, street improvement plan, and striping plan for the model home complex shall be submitted as one submittal for all product models for review and approval of the Community Development Department, in accordance with the phasing requirements for the project contained within Resolution No. 3946. A separate model home permit shall be required for each project model. All required improvements for streets, landscaping, ADA compliance, emergency access, security lighting, etc. shall be installed prior to final inspection for the model homes and the sales office. (1) 6.2 Temporary construction fencing shall be permitted to encroach into completed travelways of private streets or drives on locations approved by the Community Development Department and shall be removed prior to issuance of Certificate of Occupancy for the model homes. (1) 6.3 The builder shall close and convert the model homes to occupancy within 90 days from the last home sale of the same style home. Prior to issuance of building permits for the model homes, the developer shall submit a bond to Building Division to ensure the conversion. ARCHITECTURE (1) 7.1 All carriage way single family detached units shall meet the development standards adopted by Resolution No. 3944. (1) 7.2 Architectural elevations of the carriage way single family detached units shall be revised to incorporate a consistent architectural style. Perimeter units and corner units shall be sufficiently articulated by providing "enhanced" elevations for units that are visible from public Resolution 3947 DR 04-004 Page 10 roadways and at internal corners, subject to review and approval of the Community Development Director. (4) 7.3 At building plan check, building elevations visible from Harvard Avenue, and Moffett Avenue shall be designed in accordance with the Urban Design Guidelines contained in the MCAS Tustin Specific Plan with respect to mass, variety of color and material, architectural articulation in form of window trim, fascia molding, planter boxes, etc. to the satisfaction of the Community Development Department. (4) 7.4 The design of the recreational building shall incorporate the character defining features of the residential products within the subdivision subject to review and approval by the Community Development Department. (4) 7.5 Window trims, surrounds, and mullions shall be provided on all elevations consistent with the architectural style and treatment of the buildings subject to final approval of the Community Development Department. (4) 7.6 All roof materials shall be subject to final approval by the Community Development Department. (4) 7.7 All exterior doors and windows, glass, and frame color shall be subject to final approval of the Community Development Department. (4) 7.8 All exterior colors and textures shall be submitted to review and approval of the Community Development Department. Colors, materials, and textures shall be coordinated with the architectural styles and noted in construction plans. (4) 7.9 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts from Harvard Avenue and Moffett Avenue screened by adequate landscaping or other effective screening devices. LAN DSCAPING/HAR DSCAPE (1) 8.1 Submit at plan check 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: Resolution 3947 DR 04-004 Page 11 ^ Include asummary-table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. ^ 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. ^ Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. ^ The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. • Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. ^ Turf is unacceptable for grades over 25 percent. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. ^ Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject tot approval of the Community Development Department. ^ Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. ^ Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. ^ All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. ^ Landscape adjacent to the right-of-way shall be in compliance with the requirements of MCAS Tustin Specific Plan. Perimeter walls should be treated with vines to relieve Resolution 3947 DR 04-004 Page 12 large expanse walls with greenery and color. Vines shall be informally grouped and installed with training devices. ^ The main entries to the project at Harvard Avenue and Moffett Avenue shall include hardscape treatments that are consistent with Section 2.17 of the MCAS Tustin Specific Plan and shall be subject to final approval of the Community Development Department. (1) 8.2 The screen wall and retaining wall along the boundary between Tentative Tract Map 16582 and Peters Canyon Channel shall be located outside of Orange County Flood Control District (OCFCD)'s right-of-way and owned and maintained by the homeowners association. (1) 8.3 Major points of entry to the project, private streets, and private drives and internal circulation shall receive specimen trees to create an identifying theme. The final design for the portal entry at the southeast corner of Moffett Avenue and Harvard complements shall be coordinated with the John Laing Home site north of the project site and consistent with Section 2.17 of the MCAS Tustin Specific Plan with respect to species, size and location of trees, and shrubs subject to review and approval by the Community Development Department. (1) 8.4 The applicant shall post a bond for design and construction of the ultimate connection from the proposed paseos (Lots R, S and X) to the future Peters Canyon Channel regional trail. All improvements shall be installed upon finalization of the design of Peters Canyon trail. (1) 8.5 An opaque screen consisting of one or a combination of berms, masonry walls, and landscaping integrated into an aesthetic pattern shall be installed along site boundaries where residential uses abut arterial or secondary highways, with the aggregate height of berms and walls not to exceed six (6) feet, eight (8) inches, or higher as may be required and approved to mitigate noise impacts. Screening shall consist of one or any combination of the following components: • Walls, including retaining walls, shall consist of concrete, stone, brick, tile, or similar masonry material. • Berms shall be constructed of earthen materials and shall be landscaped according to an approved plan. • Evergreen or deciduous trees or shrubs consistent with landscape guidelines contained in the Specific Plan. Trees shall vary in size (minimum 24-inch box) and species to provide Resolution 3947 DR 04-004 Page 13 smaller broad dome trees and upright vertical trees along the street right-of-ways consistent with the requirements of the Urban Design Guidelines Section 2.17 of MCAS Tustin Specific Plan and subject to final approval of the Community Development Department. • Landscaping/screening at intersections shall be designed and maintained to not restrict vehicular sight distance in accordance with the current City of Tustin and Irvine standards. (4) 8.6 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior walVfences shall be made of durable materials subject to review and approval of the Community Development Department. (4) 8.7 Perimeter tract walls shall be constructed of high quality materials and complementary architecture subject to final approval of the Community Development Department. (1) 8.8 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. USE RESTRICTIONS (5) 9.1 The project shall include 465 units, including 211 detached single family dwelling units, 68 detached carriage way single family dwelling units, 102 condominium (triplex) units, and 84 condominium (cluster four-plex) units with 42 on-site units required to be offered as affordable units, as identified in Condition 10.1. (1) 9.2 A separate "Private Open Space Exhibit" for the condominium units shall be submitted at plan check. Any changes to the allocation of private open space identified on the site plan shall be reviewed and approved by the Director of Community Development. (4) 9.3 Parallel guest parking spaces, guest parking stalls, and driveway parking spaces shall be maintained as shown on the approved "Parking and Circulation Exhibit." Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. (5) 9.4 Individual trash can service may be provided on the site. Trashcans shall be placed only in the locations identified on the approved "Curbside Trash Pick-up Exhibit" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. Resolution 3947 DR 04-004 Page 14 (1) 9.5 No outdoor storage shall be permitted during grading or building stages, except as approved by the Community Development Director. (1) 9.6 During construction, permission from adjacent property owners shall be required for any work located on adjacent properties. AFFORDABLE HOUSING (1) 10.1 The subdivider shall comply with the obligations contained in Resolution No. 3946 regarding affordable housing unit and homeless accommodation obligations and the Housing Agreement approved by the Ciry Council. ORANGE COUNTY FIRE AUTHORITY (5) 11.1 Prior to the issuance of any grading or building permits, the applicant shall submit a Fire Master Plan to the Fire Chief for review and approval. This plan submittal shall include fire department access, fire hydrants, fire lane markings, water availability for fire flow reports, blue reflective pavement markers, and laddering exhibits for rescue windows on multi-story dwelling units. (5) 11.2 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any single structure larger than 5,500 square feet, multi-family housing or dwellings that do not meet fire department access to the Fire Chief for review and approval. . (5) 11.3 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 573-6100 to obtain a copy of the standard combustible construction letter. (5) 11.4 Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (5) 11.5 Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. The requirement for fire alarms applies to Group R Division 1 Resolution 3947 DR 04-004 Page 15 occupancies as defined by the 2001 California Fire Code; when a building is at least three stories in height and contains 16 or more dwelling units. The requirement for fire sprinkler monitoring applies to a structure when it contains 100 or more fire sprinkler heads. NOISE (1) 12.1 Plans for noise attenuation of residential units located near arterial highways, which ensure that interior and exterior noise levels (including balconies) do not exceed State and local requirements of the City of Tustin, shall be submitted for review and approval prior to issuance of building permits on the site including permit for the perimeter sound walls. (1) 12.2 In accordance with the noise analysis, all units that are required to include air conditioning units to achieve the minimum interior noise level standards shall have these units installed prior to final inspection. (1) 12.3 The applicant shall submit a detailed plan showing the detail length and height, grading details, and type of materials for the sound walls along Moffett Avenue, Harvard Avenue and adjacent to the Peters Canyon Channel for review and approval of the Community Development Department. ENVIRONMENTAL (1) 13.1 All mitigation measures related to the project that are required by the Mitigation Monitoring Program for the project, identified in this exhibit and in other 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. Resolution 3947 DR 04-004 Page 16 C. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that aCounty-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 or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. F. 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 15 miles per hour. G. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. FEES (1)(5) 14.1 Prior to issuance of each building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. b. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Major Thoroughfare and Bridge Fees to the Tustin Public Works Department based on the most current schedule at Resolution 3947 DR 04-004 Page 17 the time of permit issuance. The current fee is $2,910 per single-family unit and $1,694 per multiple family unit. e. Water and sewer connection fees to the Irvine Ranch Water District. Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot 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 Irvine Unified School District. Other applicable parkland in-lieu fees and Tustin Legacy Backbone Infrastructure Program fees as specified in Resolution No. 3946. (1) 14.2 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 forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT C TENTATIVE TRACT MAP 16582 I ! 1 III I'< I d ~~lO ~~tll ~13i1 ~I~'~ I ~', i I. ~~~ IIIIN'iA ,. s~ ~ ~~i ~I~~ '~ i...ll ~~i emZ ~......_. _. ,~_.._ I I~l~~inuuuu l~ m _ , 0 r . ¢II III ~ li ~U ~ t it !jl'! +; a ~a~ s ,. a lu ~~ .I li I~I I U¢ p -.¢ ~ ~ I ~I Ir I~il illlll:I i~~j~l W~ ~e w.w~wua YMtlI xxw.l @ ~aw.w a mm 9 I I Illlii EE7 I ~ ~1 !6 i ~~ I!~!I!lIIII~19i ~ H~ ~p s H ~„" "" 1"~ICd'~adR~~~~I~a~~Ai~wW ~ ~~ \~ I ~VttlYMY/Y WIYW wWX 1 qI ~4'N~ f. . '~ ~ I r~ ~~ tl 1 1 _ ~ ~ ! ~° ~ " ~~ ~~ ~i ~ ~ ~I ~ ~~ f i ~0~~ I, D, p~ C. ~~ EP:+ 3r ~ N; r ~I ~ j' B~ ~ ~ I ~ Y n e ~ II I II g 1 '' ~619r~1 ! `~s ~. I _ x.~.-a 4 9 ?-T'"l .~ ~.~+' - ~~ ATTACHMENT D SUBMITTED TRAFFIC STUDY C4LUM~US GR®V~ TRAFFIC IMPACT STU®Y (12/06104) Tustin, California ~> ~~ ~1~ PuE~y 6QCVc engineering group, ine. December 6, 2004 MOFFETT MEADOWS PARTNER, LLC do Mr. Richard Knowland LENNAR COMMUNITIES 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 transportation planning traffic engineering acoustical /air quality studies Subject: Columbus Grove Focused Traffic Impact Study (Revised 12/06/04) Dear Mr. Knowland: RK ENGINEERING GROUP, INC. (RK) is pleased to submit this revised focused traffic impact study of the proposed Columbus Grove (previously referred to as Moffett Meadows) development located within Planning Area 21 of the LRA (Local Redevelopment Authority) reuse plan. The project is located south of Moffett Drive and west of Harvard Avenue. The project would consist of 329 residential dwelling units in Tustin and 136 dwelling units in Irvine for a total of 465 dwelling units. The project is served by two access points. The purpose of this traffic impact study is to compare trip generation between previously approved MCAS Tustin Specific Plan land uses and the proposed project, review access points, internal circulation, .traffic controls, and determine turn pocket requirements for the adjacent roadways at the project access points. The off-site traffic impacts of the LRA reuse plan were previously assessed in the project's final EIWEIS and traffic study. Based upon our analysis of the proposed circulation system and projected traffic volumes, the project can be accommodated within the street systems of the cities of Tustin and Irvine with the implementation of the recommendations included within this report. RK is pleased to provide this traffic analysis of the Columbus Grove development in the cities of Tustin and Irvine. If you have any questions regarding this analysis, please do not hesitate to call at (949) 474-0809. Sincerely RK ENG ~o. gERT K,q '<F ~1G GROI~' ~ , ~ ~ ~ m No. 0555 ~ ~ * ~~. , n , tl~Jl~/•~•x1 Robert Ka s TFrRAFF~G~Fe~~e ~` CAI ' Thomas Wheat Principal . Associate Attachments RK: TiN:AGwdlRY.1766.doc JN:0807-03-01 Allison Goedecke, M.B.A. SeniorTransoortation. Planner 20201 s.~n-. birch street, suite 250 newport beach, California 92660 tel 949.474.0809 fax 949.474,0902 http://www. rkengi n eer.com COLUMBUS GROVE FOCUSED TRAFFIC IMPACT-STUDY (Revised 12/06/04) City of Tustin, California Prepared for: MOFFETT MEADOWS PARTNER, LLC C/O LENNAR COMMUNITIES 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 Prepared by: RK ENGINEERING GROUP, INC. 20201 S.W. Birch Street, Suite 250 Newport Beach, CA 92660 Robert Kahn, P.E. Thomas Wheat Allison Goedecke, M.B.A: ,y ~~ - ~ z No. 0555 R 2 ~ \* EXP. 12/31/05 December 6, 2004 RK: 7w: AG wdlRK 7 766. do c JN:0807-03-07 Table of Contents Section Pape 1.0 Introduction ......................................................................................... 1-1 2.0 Land Use and Trip Generation ............................................................. 2-1 3.0 Trip Distribution and Assignment ........................................................ 3-1 4.0 Circulation and Access Review ............................................................. 4-1 4.1 Circulation System 4-1 4.2 Intersection Spacing 4-2 4.3 Proposed Intersection Controls 4-2 4.4 Traffic Signal Warrants 4-3 4.5 Turning Lane Requirements 4-4 5.0 Conclusions .......................................................................................... 5-1 5.1 Findings 5-1 5.2 Recommendations 5-2 5.3 Conclusion 5-4 list of Attachments Exhibits Location Map ........................................................................................................... A Site Plan .................................................................................................................. B Project Trip Distribution ............................................................................................ C Project AM/PM Peak Hour Intersection Volumes ....................................................... D Intersection Spacing ................................................................................................. E Proposed Access and Traffic Controls ........................................................................ F Recommendations ................................................................................................... G Tables Proposed Land Uses ................................................................................................. Z-1 Trip Generation Rates .............................................................................................. 2-Z Proposed Trip Generation ......................................................................................... 2-3 Approved Specific Plan Land Uses ............................................................................. 2-4 Approved Specific Plan Trip Generation .................................................................... Z-5 Trip Generation Comparison ..................................................................................... 2-6 Appendices MCAS Tustin Specific Plan Circulation Plan Cross Sections, and Regional Bikeway/Trail Concept Plan ........................................... A Post Year 2025 With Project Conditions Intersection Analysis Worksheets .............................................................................. B Item ADT Volumes ................................................................................................... C Traffic Signal Warant Worksheets ....................:....................................................... D 1.0 Introduction The proposed Columbus Grove development is located west of Harvard Avenue and east of Jamboree Road between Moffett Drive and Warner Avenue in the Cities of Tustin and Irvine, as shown on Exhibit A. The development project consists of 329 residential dwelling units in Tustin and 136 dwelling units in Irvine, for a total of 465 dwelling units. It is served by two access points: a northern access street (N/S Street) and an eastern access street (ENV Street). The site plan for the proposed development is illustrated on Exhibit B. The purpose of this traffic impact study is to compare trip generation between the previously approved MCAS (Marine Corps Air Station) Tustin Reuse Environmental Impact Report (EIR) land uses and the proposed project, review access points and internal circulation system, traffic controls, and determine turn pocket requirements for the adjacent roadways at the project access points. This traffic impact study will make any recommendations as necessary to accommodate the project. This report will also utilize data and information from a current access study for the Columbus Grove development which was prepared for the City of Irvine as noted in this report. The title of the study is "Marble Mountain and Moffett Meadows (Columbus Grove) -Access Study, Irvine, California". 2.0 Land Use and Trip Generation The project is proposed with the mix of residential uses as proposed in the MCAS Tustin Specific Plan, which include low and medium density residential developments in this planning area. The project land uses, planning areas, jurisdictions, and quantities are included in Table 2-1. The land use categories LDR (Low Density Residential) and MDR (Medium Density Residential), are defined as shown in the table. The project site is proposed to be developed with 276 dwelling units of low-density residential use and 189 dwelling units of medium density residential use. 329 total units are in Tustin and 136 total units are in Irvine. Trip generation represents the amount of traffic that is attracted and produced by a development. The traffic generation for the proposed Columbus Grove development is based upon the specific land uses and project sizes that have been planned for the development. The previous traffic study prepared as part of the MCAS Tustin Reuse EIR included trip generation rates for all the various uses included in the MCAS Tustin Specific Plan (hereafter referred to as "Specific Plan"). The trip generation rates applicable to the project are shown in Table 2-2. Both daily and peak hour trip generation for the proposed project are shown in Table 2-3. The proposed development is projected to generate approximately 4,153 trip-ends per day with 327 vehicles per hour during the AM peak hour and 429 vehicles per hour during the PM peak hour. The approved Specific Plan land uses are shown in Table 2-4. The approved Specific Plan includes 583 LDR dwelling units within the Columbus Grove project. The approved Specific Plan trip generation is shown in Table 2-5. The approved Specific Plan for the project would generate 5,580 trip-ends per day with 437 vehicles per hour during the AM peak hour and 589 vehicles per hour during the PM peak hour. 2-1 A comparison of the trip generation between the proposed Columbus Grove project and the Approved Specific Plan showing the difference in AM/PM peak hour trips and daily trips is shown in Table 2-6. The potential trip generation for the proposed project is less than the trip generation previously assumed in the Specific Plan for the planning area. For the Columbus Grove project, the daily trips are reduced by 1,427 trip-ends per day, the AM peak hour trips are reduced by 110 vehicles per hour, and the PM daily hour trips are reduced by 160 vehicles per hour. 2-Z 3.0 Trip Distribution and Assignment Trip distribution represents the directional orientation of traffic to and from the project site. Trip distribution is heavily influenced by the geographical location of the site, the location of area employment,. commercial, and recreational opportunities, and the proximity to the regional freeway system. The trip distribution for this analysis has been based upon a buildout condition calculated from the traffic model utilized in the Irvine access study for this development and is based upon those highway facilities that are in place or have been planned over the long-term in the MCAS Tustin Circulation Plan, which is shown in Appendix A. The trip distribution is calculated on the modeled volumes for Post Year 2025 With Project, with average daily traffic volumes of 2,100 ADT for N/S Street and 3,100 ADT for E/W Street. Intersection analysis worksheets calculated for Post Year 2025 With Project are located in Appendix B. These projections are from the ITAM (Irvine Transportation Analysis Model) which are actually higher than the proposed trip generation for the project. In the distribution calculation, it has also been assumed that Moffett Drive adjacent to the project would be constructed westward beyond Peters Canyon Channel by the build-out of the MCAS Tustin Specific Plan. The trip distribution patterns for the project are shown on Exhibit C. The assignment of traffic from the site to the adjoining roadway system has been based upon the site's trip distribution determined above. Based on the identified project trip generation and distribution, the project related traffic volumes are shown on Exhibit D. 3-1 4.0 Circulation and Access Review Arterial roadways in the vicinity of the site include Moffett Drive, Harvard Avenue, and Warner Avenue, as shown on the MCAS Tustin Circulation Plan on Appendix A. Moffett Drive is planned as a local collector street with two lanes and Class II bicycle lanes north of the project site. Harvard and Warner Avenues are primary arterials with a four lane divided cross section and Class II bicycle lanes east and south of the project site. Local streets will be private and designed as two lane undivided streets with acurb-to-curb width of 36 feet within a 60 foot right-of-way. 4.1 Circulation System The circulation system of the Columbus Grove project is laid out in a typical suburban cul-de-sac system and has two access streets to the surrounding arterial streets: a northerly access (N/S Street) onto Moffett Drive and an easterly access (ENV Street) onto Harvard Avenue. The circulation system can be seen on Exhibit F. The typical suburban cul-de-sac circulation system is a system that allows convenient vehicular and pedestrian movement throughout the neighborhood. The Village Green area in the center of the community and the greenbelt called the Paseo are connected to the Peters Canyon Trail, making pedestrian recreation and commuting more attractive. The Regional Bikeway/1-rail Concept Plan is included in Appendix A. The street classification proposed for the internal circulation system is a private local street with cross sections of 60-foot right of way and 36-foot curb-to-curb width. 4-1 4.2 Intersection Spacing Intersection spacing for the project access street with the surrounding arterials is shown on Exhibit E. City of Irvine's Transportation Guidelines has been used for intersections in Irvine. According to the Guidelines, minimum signalized intersection spacing on Primary roadways is recommended to be one-quarter mile, or 1,320 feet. However, there may be circumstances when distances less the recommendation may be supported. The intersection location of E/W Street with Harvard Avenue (in Irvine) provides more than the 1,320 feet spacing recommended for Primary roadways. The intersection location of N/S Street with Moffett Drive also provides more than the 300 feet spacing recommended for Commuter (Local Collector) roadways.. The intersection spacing on both Harvard Avenue and Moffett Drive are adequate. 4.3 Proposed Intersection Controls The typical suburban cul-de-sac circulation system is a system that allows convenient vehicle and pedestrian movement throughout the neighborhood. The intersections within the tract intersect at right angles providing good sight distances on the approaches provided that there are not any obstructions in the sight areas. The development would also use the appropriate regulatory signs to control the right- of-way at these intersections. The City of Tustin has concerns over cut-thru traffic in the community. However, review of the Columbus Grove circulation system shows that the circulation system contains relatively short street segments that are not conducive to speeding and cut- through traffic. RK recommends internal access and traffic controls for the community streets as shown at the locations in Exhibit F. The recommended traffic controls would be sufficient to discouraae speeding and cut-through traffic. 4-Z Coordination with any future development on the north side of Moffett Drive is necessary to assure proper alignment and design of the access at N/S Street and Moffett Drive, improving both function and safety. Any improvements, including chokers and other traffic calming devices, within the project should be designed to assure adequate truck access through turning templates on the site plan. This requirement should be addressed during the preparation of detailed street improvement plans. 4.4 Traffic Signal Warrants The two access points for the Columbus Grove development have been analyzed to determine if traffic signals are warranted at a future time. At future intersections where projected ADT numbers can be obtained, traffic signals are recommended when estimated ADT volumes exceed the Caltrans ADT volume warrants. ADT Volumes have been obtained from the Irvine ITAM Model and are included in Appendix C. Traffic signal (ADT) warrants have been analyzed at the two intersection access streets with the surrounding arterials for Year 2007 With Project and Post Year 2025 With Project conditions. These future years include this project as well as other cumulative projects and growth factors. The traffic signal warrant worksheets for intersections are included in Appendix D. The intersection of the east access street (E/W Street) with Harvard Avenue (in Irvine) will meet the traffic signal warrants in the Year 2007 With Project based upon the average daily traffic warrant analysis. For the intersection of the north access street (N/S Street) with Moffett Drive (in Tustin) traffic signal warrants based on average daily traffic indicate that a traffic signal is projected to be warranted based on Post Year 2025 With Project traffic conditions. A traffic signal is projected to be warranted at N/S Street and Moffett Drive with the full development of the project. 4-3 Therefore, the development should be conditioned to participate in the fair share cost to install the traffic signal. 4.5 Turning Lane Requirements The County of Orange uses "one-foot per vehicle turning left during the peak hour" as a general rule for determining left turn pocket length. It has been assumed that this general rule is appropriate for the City of Tustin as well. Based on the forecasted project peak hour volumes, the left turn pocket lengths for each arterial highway left turn location into the project are shown in Exhibit G. Each left turn pocket is recommended to be at least 150 feet long with a 90-foot parabolic transition. Right turn lanes are recommended to be provided on Harvard Avenue at E/W Street, since Harvard is classified as a Primary Arterial and future right turn traffic volume may exceed 60 vehicles per hour. It is recommended, however, that Moffett Drive be designed to include 19-foot curb lanes, at a minimum, to provide for "defacto" right turn lanes. Right turn traffic at the intersection could utilize this extra width. Recommended right turn lane locations and lengths are also shown in Exhibit G. 4-4 5.0 Conclusions 5.1 Findings The proposed development is projected to generate approximately 4,153 trip-ends per day with 327 vehicles per hour during the AM peak hour and 429 vehicles per hour during the PM peak hour. A comparison of the trip generation between the proposed Columbus Grove project and the Specific Plan shows that the projected trip generation for the proposed project is less than the trip generation previously assumed in the Specific Plan for the planning area. For the Columbus Grove project, the daily trips are reduced by 1,427 trip-ends per day, the AM peak hour is reduced by 110 vehicles per hour, .and the PM daily hour is reduced by 160 vehicles per hour. Intersection spacing for the north and east project access streets (N/S Street and E/W Street) on Harvard Avenue and Moffett Drive are adequate. Driveway access to lots adjacent to N/S Street are provided by cul-de-sad alley streets; therefore, no conflict is anticipated with the intersection of N/S Street and Moffett Drive. The intersections (in Irvine) of the east access street (E/W Street) with Harvard Avenue will meet traffic signal warrants in the Year 2007 With Project based upon the average daily traffic warrant analysis. For the intersection (in Tustin) of the north access street (N/S Street) and Moffett Drive, a traffic signal is projected to be warranted based upon the implementation of the Columbus Grove and other projects. The development should be conditioned to participate in the fair share cost to install the traffic signal. 5-1 Coordination with any future development on the north side of Moffett Drive is necessary to assure proper alignment and design of the access at N/S Street and Moffett Drive, improving both function and safety. 5.2 Recommendations The developer will need to complete the private local circulation system with 60-foot right of way and 36-foot curb-to-curb width, and complete half-section street improvements for Moffett Drive adjacent to the site with a minimum pavement width of 26 feet, along with half-section improvements to Harvard Avenue. Cross sections at the access points should be widened to accommodate turn lanes. It is recommended that 48 feet wide curb-to-curb section be placed do N/S Street and a 60 feet wide curb-to-curb section be placed on ENV Street at the access intersections... Sight distance at project access points needs to be reviewed per City of Tustin and Caltrans standards. Install traffic controls proposed by RK at the locations shown on Exhibits F and G. The N/S Street and Moffett Drive access should be aligned with any future project to the north of Moffett Drive. Install stop signs, stop bars and stop legends in accordance with City of Tustin's Standard No. 511 at N/S Street and Moffett Drive. Install traffic signals at Harvard Avenue and E/W Street. Participate in the fair share cost to install a traffic signal at the N/S Street and Moffett Drive. This will be included as a condition of approval for the tract map for the project. Participate in the fair share cost of modifying the traffic signals at Harvard Avenue at Moffett Drive and Harvard Avenue at Warner Avenue. Any improvements, including chokers and other traffic calming devices, within the project should be designed to assure adequate truck access through turning templates on the site plan. This requirement should be addressed durine the preparation of detailed street improvement plans. 5-2 Provide eastbound and westbound left turn lanes on Moffett Drive. They should have a minimum of 150-foot storage with a 90-foot parabolic transition as shown on Exhibit G. A northbound left turn lane should be installed on Harvard Avenue with a minimum storage length of 200 feet as also shown in Exhibit G. Right turn lanes are recommended at access points and are also shown in Exhibit G. The proposed right turn lanes will be designed with standard turn bays and tapers as a part of the project design. Following is a list of driveway and intersection locations and storage length recommendations: .Location : Storage Length (Fee#~t° ' ~ ; ~ `"' `j .,. . SB Harvard Avenue at E/W Street 200 EB Moffett Drive at N/5 Street 200 (defacto) WB Moffett Drive at N/S Street 200 (defacto) EB ENV Street at Harvard Avenue 225 Local streets can include traffic calming features (i.e. chokers) based upon City design practice. Previous before-and-after studies have been collected showing the implementation of traffic calming features have helped in certain situations in reducing speeds and volumes while improving safety. Since gated access is not accommodated in the site design, future gated access of this tract is prohibited. Overall recommendations are summarized on Exhibit G. It should be noted that the recommendations, assumptions and identified traffic measures in the study will become recommended conditions of approval for the project. 5-3 5.3 Conclusion Based upon our analysis of the proposed circulation system and projected traffic volumes, the project can be accommodated within the street systems of the cities of Tustin and Irvine with the implementation of the recommendations included within this report. 5-4 Exhibits EXHIBIT A LOCATION MAP ~o 'sa LEGEND: ~ =INTERSECTION ANALYSIS LOCATION ~ ~ =CITY BOUNDARY N 0807-03-01(EXA) Rev. ,o-z,-o4 engineering COLUMBUS GROVE-TRAFFIC IMPACT STUDY, Tustin, California grOUp, inc. EXHIBIT B SITE PLAN LEGEND: ~ ~ =CITY BOUNDARY N 0807-03-01 ('eXB) Rev. iC-21-04 engineering COLUMBUS GROVE-TRAFFIC IMPACT STUDY, Tustin, California grOUp, inc. EXHIBIT C PROJECT TRIP DISTRIBUTION LEGENQ: CITY OF TUSTIN CITY OF IRVINE 10 = PERCENT TO/FROM PROJECT • ~ • =CITY BOUNDARY h oem-os-oi lexcl Rev. m-zi-os engineering COLUMBUS GROVE -TRAFFIC IMPACT STUDY, Tustin, California grOUp, inc. EXHIBIT D PROJECT AMIPM PEAK HOUR INTERSECTION VOLUMES c~~~ ~~ LEGEND: 10/20 = AM/PM PEAK HOUR VOLUMES 3100 =AVERAGE DAILY TRAFFIC • ~ • =CITY BOUNDARY N oso~-aa-oi ~ExDI Rev. to-zi-oa engineering COLUMBUS GROVE -TRAFFIC IMPACT STUDY, Tustin, California group, mc. EXHIBIT E INTERSECTION SPACING ~a ~~ LEGEND: 6~yI =INTERSECTION SPACING =CITY BOUNDARY 0807-03-Ot (EXE) Rev. 10-21 A4 engineering COLUMBUS GROVE-TRAFFIC IMPACT STUDY, Tustin, California grOUp, ~n Ci. m cy m~ oQ ~_ ma m m ~ 6~- _ GENERAL NOTES COMPLETE 1/2-SECTION IMPROVEMENTS, INCLUDING PARKWAY LANDSCAPING AND SIDEWALKS ALONG HARVARD AVE. AND MOFFETT DR. ALONG WITH PARTICIPATION IN THE FAIR SHARE COST TO INSTALLMIODIFY TRAFFIC SIGNALS AS NOTED IN THIS EXHIBIT. SINCE GATED ACCESS IS NOT ACCOMMODATED IN THE SITE DESIGN, FUTURE GATED ACCESS OF THIS TRACT IS PROHIBITED. EXHIBIT G RECOMMENDATIONS PARTICIPATE IN THE FAIR SHARE COST TO INSTALL TRAFFIC SIGNAL. INSTALL STOP BAR, STOP SIGN, AND STOP LEGEND. ALL STUDY RECOMMENDATIONS qg FEET WIDE ASSUMPTIONS AND IDENTIFIED CURB TO CURB TRP.FFIC MEASURES WILL BECOME AT INTERSECTION. I RECOMMENDED CONDITIONS OF APPROVAL FOR THE PROJECT. ~ ~,~~ CITY OF TUSTIN i ~• I ~, Co~Sr^ ; ,, ~~J 4 ~ ~i c,;, ~e.._~i ANY IMPROVEMENTS WITHIN THE PROJECT SHOULD BE DESIGNED TO ASSURE / ADEQUATE TRUCK ACCESS. SIGHT DISTANCE SHOULD BE REVIEWED PER CITY AND CALTRANS STANDARDS. ,, ii ' e'~ ~ gti~e ~~5 i~ i \~i~ ' /~ ~\\'D5/ ~l . \~N ~~. ~^ tae- ~ ~ro~ Qro~ _` SK' V e PARTICIPATE IN THE FAIR SHARE COST TO MODIFY \ TRAFFIC SIGNAL. PARTICIPATE IN THE FAIR ,VCb' SHARE COST TO MODIFY /Sa 1 TRAFFIC SIGNAL. Legend. INSTALL TRAFFIC SIGNAL. ~ g,~ = Traffc Signal ~ = Ciry Boundary 60 FEET WIDE -- CURB TO CURB CITY OF IRVINE I50'J =Recommended Minimum Turn WITH 16-FOOT MEDIAN Lane Pocket Length AT INTERSECTION. DF = Defacto Right 7um Lane nl oso;-oa-o, rexcl Rev. iC-21-04 engineering COLUMBUS GROVE-TRAFFIC IMPACT STUDY, Tustin, California group, m^. Tables TABLE 2-1 Proposed Land Uses lursidiction Planning and Land Land Quantity Location Area Area (Acres) Use' (DU) Tustin LDR 236 C l b G 21 64:6 MDR 93 o um us rove Irvine LDR 40 21.7 MDR 96 Total 465 ~ LDR =Low Density Residential (1 to 7 DU/Acre) MDR =Medium Density Residential (6 to 15 DU/Acre) j: lrktables/rk 1700/RK7766TB.xls 1N:0807-03-01 TABLE 2-2 Trip Generation Ratest Peak Hour AM PM Tri Code Land UseZ Unitsa In Out In Out Daily 1 LDR DU 0.19 0.56 0.65 0.36 9.57 2 MDR DU 0.13 0.51 0.56 0.24 8.00 Source: Marine Corps Air Station (MCAS) Tustin Disposal and Reuse Traffic Study Z LDR =Low Density Residential (1 to 7 DU/Acre) MDR =Medium Density Residential (8 to 15 DU/Acre) 3 DU =Dwelling Units ~: lrktableslrk 1700/RK7 766TB.xls IN:0807-03-0] _._ TABLE 2-3 Proposed Trip Generation Peak Hour Planning Land Quantity AM PM Daily Location Area lursidiction Use' (DU) In Out In Out Tri s LDR 236 45 132 153 85 2,258 Tustin MDR 93 12 47 52 22 744 Columbus Grove 21 LDR 40 8 22 Z6 14 383 Irvine MDR 96 12 49 54 23 768 Total 465 77 250 285 144 4,153 ' LDR =Low Density Residential (' to 7 DU/Acre) MDR =Medium Density Residential (8 to 15 DU/Acre) j: /rktables/rk 1700/RK ll66TB.xls 1N:0807-03-01 TABLE 2-4 Approved Specific Plan Land Uses Location Planning Area Jursidiction Land Use1 Quantity (DU) Tustin LDR 433 Columbus Grove 21 Irvine LDR 150 Total 583 ~ LDR =Low Density Residential (1 to 7 DU/Acre) j: /rktableslrk 1700/RK 1766TB.xls IN:0807-03-01 TABLE 2-5 Approved Specific Plan Trip Generation Peak Hour Planning Land Quantity AM PM Daily Location Area Jursidiction Use' (DU) In Out In Out Tri s l b G 21 Tustin LDR 433 82 242 281 156 4,144 um us rove Co Irvine LDR 150 29 84 98 54 1,436 Total 583 111 326 379 210 5,580 LDP, =Low Density kesiaential (1-to 7 DU/Acre) j: /rktables/rk 1700/RK7766TB.x15 IN:0807-03-01 TABLE 2-6 Trip Generation Comparison Peak Hour Planning AM PM Daily Location Area In Out In Out Tri s Columbus Grove • Proposed 21 77 250 285 144 4;153 • Approved Specific Plan -111 -326 -379 -210 -5,580 Total -34 -76 -94 -66 -1,427 j: lrkta6leslrk1700/RK7766TB.xls 1N:0807-03-01 Appendices Appendix A MCAS Tustin Specific Plan Circulation Plan Cross Sections, and Regional Bikeway/Trail Concept Plan Chapter ~ . Man ascription Clrcula#ion .P1a~ti ~ec~rar .:~A,~E lu,we N21~RIAL.- -:&t:7J1E MAJOR lRTEItlAL:. -:PRNIIMY ARtERHY. sECmmArsr a~traiuc • ~ocp. eou.ECroH srr+EEr t.UCAi. STREET [~ - ousTwtc eus sroPrTIJRR ni>i • rROro~o» ~! - nRaroSED. Eltls. T1RBlOU75. ® -£70SiBJC .bR PROP08E0 SICAfKS. - OR/OE SEPMAtCR OR 9iTERCH/NGE - IRrEr~nrmEtavmress '~IC+s ~usr~ eallwurr [~ . IRVREITlSTN/SMtTA ANA. BOU.....: ~-~ - sREUF~c FJ.AN eoutn;utY'.. Td815AdfUAHIC REPR6AFrJfA17GW OFAPWJYNN61k7C.W!'kN1d6.CtiNi±E1R. kNRI... itlE OESKiN9IXMQ4B l~.AI~ORANO SQIR61 ~1 BEaROr09ERrJ#dwLMSwEO AS ~~er PLATIMNG 4F&85E91ffNf Ar4ROYA15 NEEQFOMII~RE~ECI14EAOENOMYRRI.XAIS9ICIILNA ~. CEMER- M~i1S Trrzcn 5pedfir P1aJrlRetcre Plat Cirt ofT'anir, ~. 4x, ,~, , ~...,. ~,, ;, ~,~ ~.~.,. ~~, G 1 ;£ ~'- ~~:=,- Chapter 2 • Plan Description Typical Roadway Standards N• M• I SECONDIRY 1RTERIl1 92' R/R ~r m I LOGIL COLLECTOR 76' R/N !0• !D• i r' 7r• ~r• 7!• r• ~•~ PRIWRY ORTERI/LL 100' RA1f u• m• .. u•• ~~•. .. LOCLL STREET 60' R/1' • City pf Irvirw •• Pprk~py ~Itlth t0 p~ O~termih•O Dy Clty of Irvirw MCAS Tustin Specr6c PYan/Reuse Plan City of Tustin 'f'°J Z-~ Figu2 2-4 !-LUJE Ya.IOR ~RTERtaL tII' R/f 6-LANE WJOR ~RTERtr1L 120' RA' Chapter 2 - t~fan Glescrip~on LEGEND ~ . runs: ri-t~r+~ ma+~ -cuss t- tacstnc "ocr~no ~ » ~ ~~ WtupDSEO avr~.. {~ . >~ i ~ FpOPO5E0 mrt:nu? xe - cwu+tr POUte NIIYBFR ~© - Lti1ss 1- dOSiINC TliS'rN m -ETC mlNSrtnN iJPrirsrt~ aErFxnteu riTfleG+M+cs . 0.F35 1 • MNOP.tlSED 1t15YN ® - UITERCIIANI~/OVtltF,~S -arcs rl - oasnwc oaFna ~ , urns rusTw eouFnWSr --n~ss n - EwsnNa roarer ~ . mM7E~TUSTWSFM+~ nu ~urmrRr • C1A55 tl'--PgOP05W TUST#1 ~ . SPF:dFJC'PLM/ BdU!lDrJtY M~15A GFANkCAEPRE5ENU90N OFA PLNYMNQ~EPB&~NG CCNCEII. FRL^1 't)F4CNSOWK)NS IioGit01V ANh SILNGIYIILL~A~FC»N~®;ftEV&Vrtt5k4NM ' t]F91BfftlIEMAPRKNAlSNE~ED Ev71iERES~CiNEilaENCiNdtlf JIpd5DIC11ON. It1f,.t1S Tiutiri Speific P1nnIReNSe Pkr. C27~ Dj TNSt1Ti Figtm~"?-~J Regional Bikewayl7raii Concept plan Appendix B Post Year 2025 With Project Conditions Intersection Analysis Worksheets 442. Jamboree SB Ramps at Barranca Pkwy. Post 2025 (LCOllC) with project (new access) AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C MBL 0 0 0 0 NBT 0 0 0 0 N8R 0 0 0 0 SBL 1.5 81 .05* 48 .03* SBT 0 5100 0 0 S8R 1.5 526 .15 214 .06 EBL D 0 0 0 EBT 4 6800 1189 .17 1762 .26 EBR 1 1700 290 .17 426 .25 WBL 2 3400 90 .03 94 .03 WBT 3 5100 2404 .47* 1756 .34* W8R 0 0 0 0 Right Turn Adjustment SBR .10* SBR .03* Clearance Interval OS* 05* TOTAL CAPACITY UTILIZATION .67 .45 444. N/S St, at Moffitt Post 2025 (LC011C) with project (new access) AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1700 91 OS* 57 .03* NBT 1 1700 18 .05 10 D2 NBR 0 0 71 24 SBL 1 1700 34 .02 6 .00 SBT 1 1700 12 .03* 10 O1* SBR 0 0 44 14 EBL 1 1700 10 O1* 21 Ol EBT 1 1700 335 .20 460 .32* EBR 0 0 13 86 WBL 1 1700 16 O1 34 .02* WBT 1 1700 525 .32* 439 .26 WBR 0 0 12 9 Cleara nce In terval .OS* .05* TOTAL CAPACITI' UTILIZATION .46 .43 443. Jamboree NB Ramps at Barranca Pkwy. Post 2025 (LCO11C) with project (new access) AM PK HOUR. PM PK HOUR LANES CAPACITY VOL U/C VOL U/C NBL 1.5 115 .03* 93 O5* NBT 0 5100 0 0 NBR 1.5 254 222 .07 SBL 0 0 0 0 SBT 0 0 0 0 SBR 0 0 0 0 EBL 2 3400 17 O1* 63 .02 EBT 3 S10D 1316 .26 1814 .36* EBR 0 0 0 0 WBL 0 0 0 0 WBT 3 5100 2275 .45* 1651 .32 W8R 1 1700 63 .04 137 OB Right Turn Adjustment NBR 02* Clearance Interval 05* 05* TOTAL CAPACITY UTILIZATION .54 .48 445. Harvard Av. at E/W St. Post 2025 (LCO11C) with project (new access) ~, AM PK HOUR PM PK HOUR LANES CAPACITY VOL V/C VOL V/C NBL 1 1700 86 .05* 114 .07 NBT 2 3400 287 .08 842 .25* NBR 0 0 0 0 SBL 0 0 0 0 SBT 2 3400 1019 .30* 516 .15 SBR 1 1700 34 .02 36 .02 EBL 1 1700 23 O1* 28 .02* EBT 0 0 0 0 E8R 1 1700 211 .12 54 .03 WBL 0 0 0 0 wBT a o 0 0 WBR 0 0 0 0 Right Turn Adjustment EBR .07* Clearance Interval 05* OS* TOTAL CAPACITY UTILIZATION .48 .32 Appendix C Item ADT Volumes yy~.rr o 0 0$ m n w m O N W N N wOi. ~ IOO n w a0~1 ~ 2$ W N r' t00_ 6 I N t7 A ~ QN m r r ~ m ~ ~~ ~ ~ CJ ~ O O Y N N N N m 0 m M V V m N ~- m m M M m m N m O m r~ K N m l0 ~O m O m r N m m r N m ^ M M Ifi O^ N Y ~ O N N t~ O m YI N O O r m m N r N O O M m m N th t+1 .- ~ N 'Q N Ni Y IG N Pi N V < Itl Ct N K VI th !~ x ~ of ~ e 3° d° e~° ~ ~ 2° ~ A° 3° ~° o aE `pC X e2 e`e ~ e e e e 3e O O O O N O N pp N (p O y~ m m lh m m (° O m r V N1 S ~Q V~ (O M V m< V' M V N 00 m M N Q S O O O O O 0 0 0 10 O O rS S? Q r_ .. °-~ .^~ a°~e a~ae ~a~~aaa~e ~o a a~a°~e ~o e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a g o S~g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x ~ e a ~ e ~ emm o ~aQ e e a oo d e a o 2° 2° e~° 2° a 2° ~ i O S 0 0 0 h V N V Y~ m M V m 4 Y M 'rY N 00 m M N Y 0 0 0 0 0 O 0 0 0 0 0 O 0 0 0 0 0 m ~D Q ~ H x p~ 2p° p~ 0p $2Qp°~~ o emm a o~~}} ~ ~ {gy{pp ~ 2° o o e 3F X ~ ~ 2° e o e 0 0 0 0 Y+ h V N< Q 0 10 M Y N O O Cm'1 R N Q t~0 M N Y YYLL ZZJJ O b O ~ !Q " Q •: m O m M V< m m ~ m m M M OI m V1 m m m r N m m m m O 1100 r m m m r N N` M M N O m p O O m N b O m Ol N O O r m IU N r N O O M m Cm0 N~ Cl "~ N Q N 17 Y N N M N V< Y] t+l IV O N t+i., fY N W m N® N N m CCi U c c c E E~ E E m m m m E q u o o a o o .,oa E E E t o 0 0 C C C C O ~" m m O m m N m V' N sf ~ ~- M r ~, r' O IN+I m r 0 W M ~~!! <V Ol ID m m^ m M Itf O M O m ("1 c O 1 ~~ ~" O O m N O m M 'V' m m a M m ~D O m r N F O m 10 m O U ¢ N N NI M r m m O~ NI r' ~ ~ N °i m N O Oi sf M Y M M ~_ ~ ~ ~ O o 'N J d _ y~O~ Q~ ` y V ~ S 0 0 0 0 0 r M M m' O N N m V' N O m l~ ~ m i+i uQi m o o m e~ g v o o m o~ m e F ~ 0 Ji ~$ n umi e N ri ac .- m m .n vi au ~ r ~ N rv r C 2 ¢ ~ o I _ ~ p~ o 0 0 0 o m M m m m m M vi mp m m m m ~p m o a m m o C ~ m 0 ImD Ymf n ~~ t0 ~ N X00 X 0 0 Y N N Y N 'G ~~ fN0 N N< m O W O m o m Oi b r aD ~ t0 b m C fi >i Y.1 ~+ C L ~ W m O ~ m C c d 01 N O 2 2 y C Y ~ mm . di ai v m r ~ N ~ m > ~ ~ i > 3 ~~ o Q 3 i i i m i c a o ~' ¢ ~~¢¢ ° E Y E ~¢¢ i u o y `u 3 `m d v c. i d N° o W W o N N£~ ~ ¢' ~¢ g E ~~ c a°f~ E E a A¢ o Z E E m 2 x ~~SSS N m ~a m W `m u xm ,-ni -m-. ~° m m z Z~ °w w _'_ °w E m 3~ °w w a 3 3~ mE ¢ o x J O' O ~ ° 0 0 0 0 ~jW O W O O O O O O O O O O y m O Q ~ O O ~- ~i N N C N > N ~ ~ N U ~ N N C 10 VI 1Y > ~ 3' 3' W ; W O N i O i N O O O N ~ ~~ . n U U o ~ aw~Na ; vi e, a ~ ~s+ C O 'O V ® W O O}~ 6'~ rG W N N U U U¢¢¢¢¢¢¢ W W~¢ Q Q i U We CC ~ c ,v_. y y 0 0 0 0` ~ ~ `m `m `m m `n `m `m ° ° m rn m rn m U O N 4J !n N a a a D in n N W~ c c c c ,I i n a c c 2 2 g 2 2 2 2 N N ~~ m ?. fyJ m m m~~' O O N N x t A W W N 6 W O O L V! °~ L -~ ~~ Z Z~ 's U U .` + x x d d Sv w W W K ~ ¢ C 7 a j C N N m n m M V ~ N M V N m r N V M~ n p r ~ ~ ~L .N ~ ~ ~~ III °p °i N NN- " M M m m 1~ r n r .r- ~ m a M m m m m w i ~ ~ r c 0 9 O U Q o `m Ip ~ ma J d `: E m ~ a-0~ ti a a a 3 S c N J $ U N N p O O O ~ N U U o 0 a w ~ N w o g O m m 'c ~ j ] T U ~ ~ O y ~ b a m =` o p 'O T 2 U d 1 ~ y ~ c W L v, IL W $ $ ° °o °o $ °o $ $ $ $ °o $ $ $~ °o $ °o o $ $ $ ° °o $ °o $ .p ~ y~ m m m m m m r O m ~i n! M a m a m m q O < m m ~ ID Oi N ~ h Of I` m tU O1 M O1 0] N NI N ~ N C N p N M M M M M M d' M ~ ~F ~.~ 0 O< O r 1_ 10 1O 10 Imp m ~ mm 0 OM1 OOI N M O n ~ O ~ O~ O m Q O m Nv m n ~ n ~ ~ ~ O m M~ S m m N M m ~' N a~a'~e a a;e;e;e;e;e~ee xa°~>°a'a v e e ~e o e M m m< m m m m O O O O O O O O m 0 0 m O V ~ n M~ m m M N m m O Y<$ m$$ 0 0$$ O m $ N O N n m N N ~ N O' O O$ O$ O O O O m °m_ 41 ° Ip'I ~p n 5°p @ W xxe ~e ~~~~~~~xx~~a ~~~~e ;~~~~~^~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ O$ $$$$ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a~ 0 0 0 0 0 0 ' ;e ;e o v o~ s e~ e o ~e a a° a a° as o o a: a~ ~ {°{ppe n m In a I°~o w+ m m- o a a O o 0 0 o m o o m o v ti~ b V N m N N N Ip V V R a ~ 00 O O O O O O m O N O N O O O O O O O O O O M m m ~ t} m n Sq P+ ~ ~ ~ ~ ~ ~ ~ 3E ~ d° ~ o e oe ~ e e d~ e e e o ~ ;e a` oS 0 A° ~~~ N m N N N N Y O Q$ ~ O$ p$ ~ O O O~ O O N O O 0 0 0 0 0 0 0 O- O n m m ° IO'I ~ ~ Soo°m_ m m G Q O~ r N {Np IMp N m~ m O m OI N M O n ~ 0~ 0~~ m. V ~ m O ~ n ~ n P ~ ~M- o at o'i a m m m N tai 10 " N ~ ~ ~ c c c c 'c c c c c `c c c c c ~ u u u m u p u u u m m a u o u ~ o °1 0 0w 0 OF 0 0 ~? E E E E E +a E E W E g E~ p E~ E E '~ E m~ E R ,`ot a9 C a~ ¢R K K c c c c ~~ c~ C ~T C ~ ~ m ~_~ u a~ m o e m v n N m o r o o~ M o m m r M m n m ~ o ar A~ m v Imn a vmi m uNi n ~+ e~ e~ o~~~ rv e? o n t o Io ~ M ~ n m fD m M m m N M^ ~~ N Ip ~ Q ~ M M N 0 l7 ~ M M M V M ~~ m M N m o o m ~ In m~ I& o~ o 0 0 0 0 0 o m o 0 0 0 ~ n ? °° °- INp ry b b m M pml_ V O n m< m Qr M PI cD O l~! Ol ~ A~ N N~ m N N N m N O N n N O O O O O O O O O O m O O N O 00 M m N O N n N N ~~ ,Q m Mm 00 b n b N n m n m A n Ip ~ N pj m rv ~ n m m V V N N N N fV a„ a oa m E E Y m e '=~~ ~ m` U n m m $ Z ai y m v ? 3 m w Q9' 6 3 ~ E C u E < Q - fi g m ~ E E o o E o a m~ a° in `m ~~ '° ~i ~ c y d r °o E '" E 2 2 m E a Z Z m 2 Z~ .~ E m m p o m~ m `m N m v ~ m o 1p==a-~,~=iacixi0=z~'zz~ ~ ow$ 3 z~.x Z~ U ~s 0 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 0 0 o p pN 0 0 0 0 ~ ~ m ~ y 2 3 a'S 3 3 d '~+ 'ta 3 u '3 'u 3 a 3 `m 'c m 3 m~ 3 m m .~c E' = N N m m y Z i m i i i d IL p". o- w a 2 m i Si z .2 Q < 3 Q~ G u N N Ip ~i Q~ ~ ~ ~ o _ u O N O N W N C C C C C C ~ O m` L' L' 1/1 IN m m N m E N N E a c a E E E C N A N C t~ N~ o o m m~ m m NJ w N m E~~ 3 m~~ z z w x z z 3 'z a 3 !~ ~ .10j m m m m m m~ d . ~ I O N M G^ m IF m~~ N N N N N N M V a~ "r V~ Ip ~ YI M n n n n n n n n n n n h. n n n n n n M M m m N N ry N N N N N N N N N I ~s'°=~~ ~ m K. N r .~ ~" ~ r N ,p rm O O ~ m X 2° 3° 3° 2= t0 0 o O eC ~' a v a o 0 w >~ 0 3° ~ o ~0 0 0 0 v u m iu n r ^ m m r ci au i ~ c c e d a ~S+ ~ w e o a fn o r m M i c c ~` o U 4 N ~ m N .- •- `m ~ ' m ~l. U J a O1 n o ~ ` v ~ i ° m m a ~ O wi m .- G 4 2 ¢ ° o Y.. ~ m m ~ ~ m S } i1 m 0 ` a N ~ u i g w Q o . m Y m `u ~ ~ m m C ~ uJ N ~ 0 0 0 0 J o U o C m C h O N ~ I N U U O~ y ' W W J N d C ~ O~ m ~ I ) 1 C C ^ ~ i> ' ~ > i E _ a y I D~; mm~~ ~~ c x 3 m N G ~ ' L P y S ~ I N j ,C ~' ~ r m m 0 ~ ~ ~ N N W ~% LLl ~ rrrlll I N N Appendix D Traffic Signal Warrant Worksheets TRAFFIC SIGNAL WARRANTS Urban/Rural(t/2)= 2 Year = Year 2007 With Project Major St = Harvard ADT = Minor St = EAN Street ADT = (one-way) (Based on Estimated Average Daily T Major St: Harvard Minor St: Volume = 13,100 Lanes= 2 Volume = 13,100 # Lanes= 2 1,450 # Lanes= 1 affic-See Note 2) E/W Street Year = Year 2007 With Projec 1,450 Lanes= 1 (one-way) URBAN RURAL XX Minimum Requirements EADT 1. Minimum Vehicular Vehicles per day Vehicles per day on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach ~( (one direction only) Number of lanes for moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 1 8,000 5,600 2,400 1,680 2+ 13,100 1 1,450 9,600 6,720' 2,400 1,680 2 + 2 + 9,600 6,720 3,200 2,240 1 2 + 8,000 5,600 3,200 2,240 2. Interruption of Continuous Vehicles per day Vehicles per day traffic on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach ~ (one direction only) Number of lanes for moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 1 12,000 8,400 1,200 850 2+ 13,100 1 1,450 14,400 10,060' 1,200 850' 2 + 2 + 14,000 10,080 1,600 1,120 1 2+ 12,000 8,400 1,600 1,120 3. Combination 2 Warrants 2 Warrants Satisfied Not Satisfied XX No one warrant satisfied but following warrants fulfilled 80% or more.. 86% 100% 1 2 NOTES: To be usetl only for NtW IN I tKStG I IUNJ or Omer iocauons wneiG auuai uamc volumes cannot be counted. TRAFFIC SIGNAL WARRANTS Urban/Rural(1/2)= 2 Year- Post 2025 w/Project Major St= Harvard Ave. ADT = 13,850 # Lanes= 2 Minor St= E/W Street ADT = 1,550 # Lanes= 1 (one-way) (Based on Estimated Average Daily Traffi c-See Note 2) Major St: Harward Ave. Minor St: E/W Street Year = Post 2025 w/Project Volume = 13,850 Lanes= 2 Volume = 1,550 Lanes= 1 (one-way) inimum equirements EADT 1. Minimum Vehicular Vehicles per day Vehicles per day on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach ~ (one direction only) Number o lanes or moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 1 8,000 5,600 2,400 1,680 2 + 13,850 1 1,550 9,600 6,720 2,400 1,680 2 + 2 + 9,600 6,720 3,200 2,240 1 2 + 8,000 5,600 3,200 2,240 2. Interruption o ontinuous Vehices per ay Vehicles per day traffic on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach ~ (one direction only) Number of lanes or moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 1 12,000 6,400 1,200 850 2+ 13,850 1 1,550 14,400 10,080 1,200 850 2+ 2+ 14,000 10,080 1,600 1,120 1 2+ 12,000 8,400 1,600 1,120 3. ombination 2 Warrants 2 Warrants Satisfied Not Satisfied XX No one warrant satisfied but following warrants fulfilled 80% or more.. 92% 100% 1 2 ivy i ts: i o oe usec omy rvr rvwv uv ~ ~rcxi. ~ ivivo ~~ ~~~~_~ ~wo~,~„= .•„_,~ o.....o, •,~~„~ volumes cannot be counted. TRAFFIC SIGNA! WARRANTS Urban/Rural(1/2)= 2 Year- Year 2007 w/Project Major St= Moffett Drive ADT = 7,600 # Lanes= 1 Minor St= N/S Street ADT = 1,150 # Lanes= 1 (one-way) (Based on Estimated Average Daily Traffi o-See Note 2) Major St: Moffett Drive Minor St: N/S Street Year = Year 2007 w/Project Volume = 7,600 Lanes= 1 Volume = 1,150 Lanes= 1 (one-way) AN L inimum equirements EADT 1. Minimum Vehicular ehicles per day ehicles per day on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach ~ (one direction only) Number of lanes for moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 7,600 1 1,150 8,000 5,600 2,400 1,680 2+ 1 9,600 6,720 2,400 1,680 2+ 2+ 9,600 6,720 3,200 2,240 1 2+ 8,000 5,600 3,200 2,240 2. Interruption of Continuous Vehicles per day Vehicles per day traffic on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach ~( (one direction only) Num er o lanes or moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 7,600 1 1,150 12,000 8,400 1,200 850 ` 2+ 1 14,400 10,080 1,200 850 2+ 2+ 14,000 10,080 1,600 1,120 1 2+ 12,000 8,400 1,600 1,120 3. ombination 2 Warrants 2 Warrants Satisfied Not Satisfied XX No one warrant satisfied but following warrants fulfilled 80% or more.. 66% 90% 1 2 NU I C5: I O Oe Usea Only iui rvwv uv i cnuw ~ , v,.v ..~ ..., ,..~ ,......••..• •.. •• • •-• - --•--~ -~ _..._ volumes cannot be counted. TRAFFIC SIGNAL WARRANTS Urban/Rural(1!2)= 2 Year- Post 2025 w/Project Major St= Moffett Drive ADT = 8,650 # Lanes= 1 Minor St= N/5 Street ADT = 1,050 # Lanes= 1 (one-way) (Based on Estimated Average Daily Traffic-See Note 2) Major St: Moffett Drive Minor St: N/S Street Year = Post 2025 w/Project Volume = 8,650 Lanes= 1 Volume = 1,050 Lanes= 1 (one-way) inimum egwrements EADT 1. Minimum Vehicular Vehicles per day Vehicles per day on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach )()( (one direction only) Number of lanes for moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 8,650 1 1,050 8,000 5,600 2,400 1,680 2+ 1 9,600 6,720 2,400 1,680 2 + 2 + 9,600 6,720 3,200 2,240 1 2 + 6,000 5,600 3,200 2,240 2. Interruption o Continuous ehicles per day Vehicles per day traffic on major street on higher volume Satisfied Not Satisfied (both approaches) minor-street approach ~ (one direction only) Number o lanes for moving traffic on each approach. Major Street Minor Street Urban Rural Urban Rural 1 8,650 1 1,050 12,000 8,400 1,200 850 2+ 1 14,400 10,080 1,200 850 2+ 2+ 14,000 10,080 1,600 .1,120 1 2+ 12,000 8,400 1,600 1,120 3. Combination 2 Warrants 2 Warrants Satisfied Not Satisfied XX No one warrant satisfied but following warrants fulfilled 80% or more.. 63% 100°/a 1 2 NV ~ to: 10 oe useu unly WI rvwv n~ i Gf~JGI, , ,v,v.v .., vu,ci ,wo.,..,,~ ..~,..~ .............~.....,. volumes cannot be counted. ATTACHMENT E APPLICANT'S REQUEST SUBMITTED FEBRUARY 14, 2005 Villages of Columbus Proposed Modifications, to Conditions of Approval for Columbus Grove and Columbus Square Affordab/e Housing Phasing: Reso/ution 3946 Condition 2,2 and 2.4 Reso/ution 3952 Condition 2.3 Res. 3946 2.2 and Res. 3952 2.3 The deve%per shall make diligent good faith efforts to deve%p, market and sell afi ordable homes in the project area in approximately the same proportion to the fair-market homes in the project area. The developer sha/l provide an annual report to the Director of Community Deve%pment, which documents the number ofbuilding permits pulled, started and c%sed for the previous year for both affordable and fair-market homes and a projection for the fol%wing year. The first report is due as a condition of the first building permit. Should there be a significant deviation in the provision. of both affordab/e and market-rate homes from the approved plan, the Director of Community Development may require a written plan explaining how the developer wi/l make provisions to proportionate/y deve%p, sell and c%se affordab/e and market-rate homes. If the Director of Community Deve%pment is not satisfied with the progress of the afoordable program, she may refer the annual report back to the Planning Commission for further direction. Res. 3946 2.4 Deve%per has made it's best efforts to gain the execution of the transitional agreements between COT, the applicant, and each of the transitional housing providers. This issue is essentially in the hands of the City and the deve%per will continue to provide the homes. The deve%per requests that this condition be de%ted. Senior Housing Phasing Resolution 3952 Condition 2.2 De%te and replace with "The Senior Housing shown on the Tentative Tract Map is for illustrative purposes only and does not represent final City approval. The deve%per shall make diligentgood faith efforts to deve%p the senior community no later than 24 months from approval of the Tentative Tract Map. To this end, the deve%per sha/l submit a Concept Plan Review for the senior program within 12 months of Tentative Tract Map approval. The Concept Plan Review sha/l show proposed building types, footprints, a%vations, materials and floor plans. In additional, all site work shall be shown including landscape areas, parking, access, trash, file lanes, amenities and recreation facilities. A detailed statistical table sha/l a/so be provided in addition to any other requirements of the City. Affordable housing units must also be delineated as well as a erasing p,•'ar, showing how the affordable homes wil,' de deveioped ir, substantialiv equal proportion to the market rate homes in the deve%pment. If any a`eviation from City standards is prooosed for parking, a Conditional Use Permit steal/ be required including do~umentatior that justifies a redu~t/on ir, paring. Archite~tu ally. the senior L?_°I/_°IOD,~_°;?: S.~i3/~ ~J-^.7i°,','T~;^: t'?_° a'" `7!`'°~ti.!"° ~•-t7c S~ .c.: 5?~lR~ r~.~!'io.nr~! 1 of 3 Construction Phasing Resolution 3946 Condition 2.1 Renolotion 3952 Condition 2.5 De%te and replace with "Construction phasing shall be in accordance with Sheet CP-8 & CP-9 (Phasing P/anJ. Model units maybe constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Bui/ding Official and Orange County Fire Authority. Project infrastructure (ie. Drives within condominium projects) and utilities sha/l be constructed at the time of project deve%pment. Tustin Legacy Backbone Infrastructure Improvements Resolotion 3946 Conditions 3.10, 3.10 L, 4.1, 4.2, 6.1 E, Resolution 3952 Conditions 3.1, 4.1, 4.2 and I1.2 Add to the end of each condition "The deve%per shall construct Tustin Legacy backbone infrastructure improvements as required in these conditions of approva/. The developer shall receive credit toward its Fair Share Contribution of the Tustin Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. This Subdivision necessitates the construction of certain infrastructure improvements as outlined in the Tustin Legacy Backbone Infrastructure Program for the former MCAS Tustin. The applicant shall fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and sha/l provide security satisfactory to City to insure that the entire Fair Share Contribution is paid to the City, excluding amounts due for the Government Parcels within the City of Irvine. " Resolotion 3946 Findings I on page 2 Delete the last sentence. Resolotion 3946 Condition 4.2 Delete the last sentence. Tustin Legacy Backbone Infrastructure Improvements Resolotion 3946 Conditions 1.13 and 1.14 Resolotion 3952 Conditions 1.13 The City has entered into an agreement with County of Orange and Orange County Flood Control (known as the Amendment No. 1 to the Joint Cooperative Agreement) which outlines the City's responsibilities and obligations. The deve%per is not a party to the agreement and therefore Conditions 1.13 and 1:14 (in Res. 3946 only) should be deleted. Park Credits and Phasing Resolotion 3943, Exhibit A, Item U Resolotion 3946 Conditions 12.1, 12.2 and 13.2 Resolution 3352 Conditions 12.!,12.2 and 13.2 12.1 and 1Z. Z Deiece condiron and replace with 'Deve%per sral,'receive fulr credit for al/ public park'and over 1 acre and for al( improvement costs related to the deve%pment of t,7e park sites for par k use. " _~? Delete the word "fees`"anc'reprace with 'bond': 2of3 Architecture: Reso/ution 3947 Conditions 7.1 through 7,9 and Reso/ution 3953 Conditions 7.1 through 7.9 7.1-7.5 The architecture submitted as part of this design review app/ication meets the conditions identified as 7.1-7.5. The design review application demonstrates cohesive architectural sty/es throughout the community, co%rs and material se%ctions, enhanced e%vations for locations as identified by city staff. Future architectura! submittals to the bui/ding department will be consistent with this design review application. Therefore, we believe these conditions have been satisfied and further discretionary review by the Community Deve%pment Department is unnecessary. 7.6-7.9 These issues wi/l be addressed during the subsequent submittals for each of the individual products. As a reminder, the master color and materials pa/ette is the foundation for all the homes within the community. 3of3 ATTACHMENT F PUBLIC WORKS DEPARTMENT MEMORANDUM (FEBRUARY 16, 2005) Inter-Corn DATE: FEBRUARY 16, 2005 TO: MINOO ASHABI, ASSOCIATE PLANNER FROM: DOUG ANDERSON, SENIOR PROJECT MANAGER-TRANSPORTATION SUBJECT: LENNAR CONDITIONS OF APPROVAL FOR TRACT MAPS NO. 16582 AND NO. 16581 At the February 14, 2005, Planning Commission meeting, the Developers (Marble Mountain Partners LLC and Moffett Meadows Partners LLC) presented several changes to the Conditions of Approval for the noted tentative tract maps. The Engineering Division has prepared the following responses to the items presented that would affect the public infrastructure. Resolution No. 3946 1. Developer requested added verbiage to the end of Condition 3.10 related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Response: Condition 3.10 shall remain as written. It is anon-backbone infrastructure requirement that is not part of the Legacy Backbone Infrastructure Program and therefore, is not subject to a credit or reimbursement. 2. Developer requested added verbiage to the end of Condition 3.10 L related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Response: Condition 3.10 L does not exist as part of Resolution No. 3946. 3. Developer requested added verbiage to the end of Condition 4.1 related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Developer also request verbiage that the applicant shall fund its fair Share Contribution to the Tustin Legacy Backbone Infrastructure and shall provide security satisfactory to City to insure that the entire Fair Share Contribution is paid to the City excluding amounts due for the Government Parcels within the City of Irvine. Response: Condition 4.1 shall remain as written. It requires the developer to fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and provide security to insure that the entire Fair Share Contribution is paid to the Cify including amounts due for the Government parcels within the City of Irvine. 4. Developer requested that that the last sentence of Condition 4.2 be deleted. It reads, "Improvements to Peters Canyon Channel adjacent to parcel 36 will be the responsibility of the developer, including all jurisdictional wetlands mitigation, subject to the provisions of a Cooperative Agreement between the developer and the City of Tustin." Response: Condition 4.2 is a condition of development of the site and shall remain as written. 5. Developer requested added verbiage to the end of Condition 6.1E related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Response: Condition 6.1E relates to the improvements to Peters Canyon Channel adjacent to Parcel 36, which are non-backbone improvements. Therefore, Condition 6.1E shall remain as written. 6. Developer requested that the last sentence of Finding I on Page 2 be deleted. The sentence reads, "Improvements to Peters Canyon Channel adjacent to parcel 36 will be the responsibility of the developer, including all jurisdictional wetlands mitigation, subject to the provisions of a Cooperative Agreement between the developer and the City of Tustin." Response: The Finding identifies that the developer is responsible for improvements to Peters Canyon Channel adjacent to Parcel 36, which is appropriate since this improvement is non-backbone and a condition of development of the site. Therefore, Finding I shall remain as written. 7. Developer is recommending that Conditions 1.13 and 1.14 be deleted since the developer is not a party to the Cooperative Agreement and subsequent Amendment between the City and the County of Orange and the Orange County Flood Control District. Response: As part of the Cooperative Agreement and Amendment the City agreed to condition developers at their sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City.... concerning this project or from any potential flooding impacts from the adjacent Peters canyon Flood Control Channel. Condition 1.13 provides this protection and shall remain as written. Condition 1.14 provides additional protection for the City and shall remain as written. Resolution No. 3952 1. Developer requested added verbiage to the end of Condition 3.1 related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Response: Condition 3.1 shall remain as written. The improvements referred to are non-backbone infrastructure requirements and are not part of the Legacy Backbone Infrastructure Program and therefore, are not subject to a credit or reimbursement. 2. Developer requested added verbiage to the end of Condition 4.1 related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Developer also request verbiage that the applicant shall fund its fair Share Contribution to the Tustin Legacy Backbone Infrastructure and shall provide security satisfactory to City to insure that the entire Fair Share Contribution is paid to the City excluding amounts due for the Government Parcels within the City of Irvine. Response: Condition 4.1 shall remain as written. It requires the developer to fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and provide security to insure that the entire Fair Share Contribution is paid to the City including amounts due for the Government parcels within the City of Irvine. 3. Developer requested added verbiage to the end of Condition 4.2 related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Response: Condition 4.2 shall remain as written. Although this improvement is a backbone improvement, the verbiage suggested by the Developer is not appropriate to include at the end of this condition since the suggestion refers to parcels within the City of Irvine and this Condition is specific to parcels within Tustin (Parcels 23 and 24). 4. Developer requested added verbiage to the end of Condition 11.2 related to a credit for a fair share contribution of the Legacy Backbone Infrastructure fees in an amount equal to the costs of such improvements or receive reimbursement of such costs. Response: Condition 11.2 shall remain as written. This Condition is a standard requirement of development of these parcels and the suggested verbiage is not appropriate to include at the end of this condition. 5. The Developer is recommending that Conditions 1.12 and 1.13 be deleted since the developer is not a party to the Cooperative Agreement and subsequent Amendment between the City and the County of Orange and the Orange County Flood Control District. Response: As part of the Cooperative Agreement and Amendment the City agreed to condition developers at their sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City.... concerning this project or from any potential flooding impacts flooding impacts from the adjacent Peters canyon Flood Control Channel. Condition 1.12 provides this protection and shall remain as written. Condition 1.13 provides additional protection for the City and shall remain as written. C: Tim D. Serlet Dana R. Kasdan Elizabeth A. Binsack Dana Ogdon ATTACHMENT G RESOLUTION NOS. 05-35, ORDINANCE NO. 1296, AND RESOLUTION N0.05-37 RESOLUTION NO. 05-35 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENTIFINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/FEIR") IS ADEQUATE TO SERVE AS THE PROJECT EIS/EIR FOR ZONE CHANGE 04-002, TENTATIVE TRACT MAP 16582, CONCEPT PLAN 03-004, DESIGN REVIEW 04- 004, THE AFFORDABLE HOUSING PLAN AND DENSITY BONUS APPLICATION, AND THE REQUEST TO TRANSFER AFFORDABLE HOUSING UNITS FROM PLANNING AREA 21 TO PLANNING AREA 5 AND THAT ALL APPLICABLE MITIGATION MEASURES WILL BE INCORPORATED INTO THE PROJECT AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. I. The City Council of the City of Tustin does hereby resolve as follows: A. That Zone Change 04-002, Concept Plan 03-004, Tentative Tract Map 16582, Design Review 04-004, the "Affordable Housing Plan and Density Bonus Application," and the request to transfer affordable housing units from Planning Area 21 to Planning Area 5 is considered a "Project" pursuant to the terms of the California Environmental Quality Act; and, B. That the FEIS/FEIR was certified by the City Council on January 16, 2001. The FEIS/EIR is a program EIR under the California Environmental Quality Act ("CEQA"). The FEIS/FEIR considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin, including development of residential uses within Planning Area 21. C. That an initial study checklist, attached as Exhibit A hereto, was prepared to evaluate the potential environmental impacts associated with the Project. The initial study checklist demonstrates that all potential impacts of the Project were addressed by the certified FEIS/FEIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/FEIR will be implemented through the Mitigation Monitoring Program for the Project (Attachment 1 of Exhibit A) or as conditions of approval of the Project. II. The City Council finds that the project is within the scope of the previously approved Program FEIS/FEIR and that pursuant to Title 14 California Code of Regulations Sections 15168 (c) and 15162, no new effects could occur and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. Resolution No. 05-35 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22"d day of February, 2005. LOU BONE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-35 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 22nd day of February, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A TO RESOLUTION NO.OS-35 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin This checklist and, the following evaluation of environmental impacts (Attachment 1 of Exhibit A of Resolution No. 3943) takes into consideration the prepazation of an environmental document prepazed at an eazlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Development of 465 residential units in Planning Area 21 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: (714) 573-3126 Project Location: Planning Area 21, MCAS-Tustin Specific Plan, bounded by Moffett Avenue on the north, Warner Avenue on the south, Peters Canyon Flood Control Channel on the west, and Harvazd Avenue on the east. Project Sponsor's Name and Address: Moffett Meadows Partners, LLC c/o Lennar Communities 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: Low Density Residential, Planning Area 21 Project Description: Approval of Concept Plan 03-004, Tentative Tract Maps 16582, Design Review 04-004, Specific Plan Amendment/Zone Change 04-002 (MCAS Tustin disposition parcels 35 & 36) for the purpose of developing 465 residential units including 211 single family detached, 68 carriage way units, 102 triplex units and 84 cluster town units and a request to transfer eight (8) of the Very Low Income units and seventeen (17) of the Low Income units from Planning Area 21 to Planning Area 5. Surrounding Uses: North: Vacant -Moffett Avenue, residential uses East: Harvazd Avenue- City of Irvine ,residential uses South: Vacant -MCAS Tustin Planning Area 22 ,residential West: Peters Canyon Flood Control Channel- Jamboree Road Previous Environmental Documentation: Program Final Environmental Impact StatemenUEnvironmental Impact Report (Program FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin (State Cleazinghouse #94071005) certified by the Tustin City Council on January 16, 2001. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. Use and Planning ation and Housing ~QV and Soils lrology and Water Quality Quality Lf Transportation & Circulation ^Biological Resources ^Mineral Resources ^Agricultural Resources C. DETERMINATION: On the basis of this initial evaluation: ^Hazazds 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 prepazed. ^ 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 prepazed. ^ 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 eazlier 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 aze imposed upon the proposed project. Preparers ~-C«ce~c Minoo Ashab' ssocia Planner /~~~ ~ Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Date: . ~.3 • ~S Date ~~ -OJT ATTACHMENT 1 TO EXHIBIT A OF RESOLUTION NO.OS-35 EVALUATION OF ENVIRONMENTAL IMPACTS CONCEPT PLAN 03-004, TENTATIVE TRACT MAPS 16582 DESIGN REVIEW 04-004, SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002, AFFORDABLE HOUSING PLAN AND DENSITY BONUS AND TRANSFER OF AFFORDABLE UNITS (MCAS TUSTIN DISPOSITION PARCELS 35 & 36) PLANNING AREA 21 -MCAS TUSTIN SPECIFIC PLAN BACKGROUND The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations of the Federal Base Closure and Realignment Commission. The City was designated as the Local Redevelopment Authority (LRA) for the reuse of MCAS Tustin and, acting as such, approved a Reuse Plan that provided for future land uses at the former MCAS Tustin on October 1996 and subsequently amended on September 1998 ("the Reuse Plan"). The Reuse Plan was subsequently reviewed and approved by the United States Department of Housing and Urban Development (HUD) as consistent with federal ]aw regazding the homeless. In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and City prepared a Joint Final Program Environmental Impact Statement/Environmental Impact Report for the Reuse and Disposal of MCAS Tustin. On January 16, 2001, the City of Tustin certified the Final Joint Program Enviromnental Impact Statement/Environmental Impact Report for the disposal and reuse ofMCAS-Tustin (referenced as FEIS/EIR herein). The project is within the MCAS Tustin Specific Plan. The land was purchased by the developers directly from the Department of Navy through a land auction. The project site is comprised of 86.26 acres (gross) within a portion of Planning Area 21 of the MCAS Tustin Specific Plan and generally bounded by the Moffett Avenue to the north, a local drainage channel and Warner Avenue in the City of Irvine to the south, Harvard Avenue and City of Irvine residential developments to the east, and Peters Canyon Flood Channel and Jamboree Road to the west. The proposed project would develop 465 residential units including 211 single family detached, 68 carriage way units, and 184 condominium units on two pazcels. Parcel 35 is located within City of Tustin and contains 326 units and Pazcel 36 is located within City of Irvine and contains 139 units. Three of the units traverse city boundary lines. Parcel 36 is proposed to be annexed to City of Tustin. The annexation request and the Specific Plan AmendmenUZone Change to adopt land use and development standards for Parcel 36 will be considered sepazately by the City Council. In accordance with the requirements of the MCAS Tustin Specific Plan Section 3.4.2.G and 3.4.3.H a total of 59 affordable units would be required as follows: Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 2 Planning Affordable Units RHNA Total Required Area 15% 21 20 Very Low 6 Low 20 Very Low Parcel 35 11 Low 12 Moderate 17 Low I S Moderate 30 Moderate 21 Subject to Parcel 36 requirements of City of Irvine Total 41 18 59 * Required number of Very Low, Low, Moderate Income units, and Regional Housing Need Assessment (RHNA) units subject to requirements of City of Tustin for Parcel 35 and City of Irvine for Pazcel 36. Twelve (12) of the Very Low Income units required for Parcel 35 are required to be transferred by the developer to two homeless service providers (Human Options and Orange County Interfaith Shelter) pursuant to the MCAS Tustin Specific Plan requirements. The project includes development of 6.19 acres of parkland recreational sites including 2.35 acres accessible for public and facility improvements for which parkland credit is eligible and recommended in accordance with the requirements of the Quimby Act and the City's Subdivision requirements. Access to the public park site would be provided by public access easements from Moffett Avenue and Harvard Avenue with recordation of an easement requiring public access in perpetuity to the park site for the general public on Tentative Tract Map 16582. A portion of the site would also include private recreational amenities available to the residents of the development. The subject site is located in Planning Area 21. As part of the analysis of the MCAS Tustin FEIR/EIS for the MCAS Tustin Specific Plan, Planning Area 21 was identified as a Low Density Residential (LDR) site, with a development potential of 1-7 dwelling units per acre and authorized for up to 861 units (Table 3-2 of MCAS Tustin Specific Plan). With development of Parcel 34 (Tract 16507) within Planning Area 21, 189 residential units have already been approved by the City within Planning Area 21. The currently proposed project includes construction of 465 units, which combined with the 189 units on Parcel 34 is 207 dwelling units less than the 861 units assumed for Planning Area 21 in the FEIS/EIR. All related environmental impacts of such development were addressed in the FEIS/EIR and implementation and mitigation measures were incorporated as conditions of approval for the other entitlement portions of the project as identified in the Mitigation Monitoring Program Matrix (Attachment 2 of Exhibit A of Resolution No. 3943). The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. __ _ __ Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 3 I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The project is not located on a scenic highway nor will it affect a scenic vista. The project would be consistent with the permitted uses identified within the MCAS Tustin Specific Plan. Development oflow-density within Planning Area 21 that 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 2.17.3(A) -Urban Design Guidelines for Residential Development of MCAS Tustin Specific Plan, and the Landscape Concept Section 2.17.2 as they relate to design of Moffett Avenue, Harvazd Avenue, and primary street corners and project entries. The proposal includes a design review, which requires that the design of the project is cohesive and in harmony with surrounding uses. All exterior lighting would be designed to reduce glaze, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 2.17.3 (A) of the MCAS Tustin Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEIS/BIR. Mitigation/Monitoring Required.• Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR as identified in the Mitigation and Implementation Measures matrix (Attachment 2); these measures would be included as conditions of approval for the project. Sources: FEIS/EIR for Disposal and Reuse of MCAS Tustin MCAS Tustin Specific Plan (Pages 2-152 to 2-166) Tustin Security Ordinance Tustin General Plan n. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are signi£-cant 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? Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 4 b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? The project would not convert prime farmland, unique farmland or farmland of statewide importance as shown on maps prepazed pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency, to non-agricultural use. Also, the property is not zoned for agricultural use or a Williamson Act Contract, nor does the proposed use involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use. The project site is not zoned or used as agricultural land; consequently, no substantial change is expected from the analysis previously completed in the FEIS/BIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page-145 to 3-154) MCAS Tustin Specific Plan Tustin General Plan III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? As documented in the FEIS/EIR, the project is part of lazger project that was projected to result in air quality impacts. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Since the project will construct 207 fewer units than previously analyzed in the FEIS/EIR, no significant impact beyond what was analyzed in the adopted FEIS/EIR is anticipated. Mitigation/Monitoring Required.• Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/BIR. However, the FEIS/EIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 5 mitigate. A Statement of Overriding Consideration for the FEISBIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through153, 4-207 through 4-230 and pages 7-41 through 7-42) MCAS Tustin Specific Plan (Pages 3-145 through 3-154) Tustin General Plan IV. BIOLOGICAL RESOURCES: -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? fj Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The FEIS/EIR found that implementation of the Reuse Plan and MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR for MCAS Tustin. The FEIS/EIR determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the proposed project) could impact jurisdictional waters/wetlands and the southwestern pond turtle or have an impact on jurisdictional waters/wetlands. The project site is not located in an area that would 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. Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 6 Mitigation/Monitoring 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) MCAS Tustin Specific Plan (Pages 3-145 to 3-154). Tustin General Plan V. CULTURAL RESOURCES: -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for azchaeological resources. Although one azchaeological site (CA-ORA-381) has been recorded within the Reuse Plan azea, it is believed to have been destroyed. It is possible that previously unidentified buried azchaeological or paleontological resources within the project site could be significantly impacted by grading and construction activities. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/BIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) MCAS Tustin Specific Plan (Pages 3-145 to 154). 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 Zouing 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. Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 7 • Strong seismic ground shaking? • Seismic-related ground failure, including liquefaction? • Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (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 FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and MCAS Tustin Specific Plan would "include non-seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure." However, the FEIS/BIR for MCAS Tustin concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. No substantial change is expected for development of the project from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: 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 FEISBIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3- 97, 4-115 through 4-123 and 7-28 through 7-29) MCAS Tustin Specific Plan (Pages 3-145 to 154). Tustin General Plan VII. HA7.ARDS 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? Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 8 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? fj 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 tires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project will not create a significant hazazd to the public through the transport, use, or disposal of hazardous materials, nor aze there reasonably foreseeable upset and accident conditions at the property. In addition, construction and residential uses would not emit hazazdous emissions within a quarter mile of an existing or proposed school. 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 anaircraft-related safety hazard for future residents or workers. The project site is not located in a wildland fire danger area. Compliance with all federal; state and local regulations concerning handling and use of these 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. Mitigation/Monitoring Required.• As identified in the FEIS/BIR, 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 (3-106 through 3- 117, 4-130 through 4-138 and 7-30 through 7-31) MCAS Tustin Specific Plan (Pages3-145 to 3-154) Tustin General Plan. Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 9 HYDROLOGY AND WATER QUALITY: -Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed project includes construction of 465 residential units that would increase runoff. However, the project will not result in additional impacts beyond what was analyzed in the adopted FEIS/EIR. The project design and construction of facilities to fully contain drainage of the site would be required as conditions of approval of the project. No long-term impacts to hydrology and water quality aze anticipated for the proposed project. The proposed project will 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 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 Dischazge Elimination System (NPDES) and Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 10 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. 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 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) MCAS Tustin Specific Plan (Pages 3-145 to 3-154) FEMA Map (August 9, 2002) Tustin General Plan IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base, such as land use designations, zoning categories, recreation and open space azeas, major arterial roadways, urban design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project meets the density requirements of Table 3-2 of the MCAS Tustin Specific Plan and development standazds of Planning Areas 21 to Single Family Residential Units and Multiple Family residential Units. New development standards aze proposed for development of the Carriage Way units and development of condominium units on pazcels less than 10 acres that will be considered as part of Specific Plan AmendmenUZone Change 04-002. The carriage way units are similar to the single family detached product with the exception of the reaz yard setback since access to the gazage is proposed from a reaz alleyway. The new standazd would create an appealing streetscape with elimination of driveway approached on the main roads. 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. Attachment I to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 11 Mitigation/Monitoring 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) MCAS Tustin Specific Plan (Pages 3-145 to 3-154). 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? 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. Mitigation/MonitoringRegmred. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan XI. NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project -ocated 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, Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 12 would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed project could result in implementation activities that generate noise. The FEISBIR 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. A noise analysis was prepazed for the project site that includes sensitive receptors along Moffett Avenue, Harvazd Avenue and Peters Canyon ChanneUJamboree Road. The noise analysis concludes that special building construction will be required to achieve a 45 dB interior noise level for units along these azeas. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. However, the City of Tustin will ensure that construction activities comply with the City's Noise Ordinance and the housing units are designed with adequate noise attenuation (i.e., window design, sound walls) to meet the allowable noise levels as required by Tustin City Code for residential use. The project would be sound attenuated against present and projected noise so as not to exceed an exterior noise standazd of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms to reduce noise-related impacts to a level of insignificance. 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. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISBIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/BIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162, 4-231 to 4-243 and 7-42 to 7-43) MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan XII. POPULATION & HOUSING: Would the project: Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 13 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 would construct 465 new residential units on a site that previously contained military housing units that were vacant since 1997 and have been demolished. The proposed project will not displace people or necessitate construction of replacement housing elsewhere. The proposed number of residential units is consistent with the density than was previously considered in the FEIS/EIR for MCAS Tustin. The total number of units for Planning Area 21 upon completion of the entire planning azea would be consistent with the number of units considered in the FEIS/EIR for MCAS Tustin. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring 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) MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The site contains military housing which has been vacant since mid-1997. 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 demolition, construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations in the azeas surrounding the site will meet the demands created by the proposed project. Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 14 Police Protection. The need for police protection services is assessed on the basis of resident population estirnates, 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 Irvine Unified School District (IUSD). The implementation of the Reuse Plan provides fora 20-acre school site to IUSD to serve the growing student population within its district. As a condition of approval for the project, the developer would be required to pay applicable school fees to IUSD prior to issuance of the building permit. Other Public Facilities (Librazies). 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 squaze feet for a branch library and would not trigger the need for a new facility. General Implementation Requirements: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEIS/EIR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin for fire protection, police protection, and other public facilities. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISBIR; 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) MCAS Tustin Specific Plan (Pages 3-145 through 3-154). 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? Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 15 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The Reuse Plan provides for a new 84.5-acre Regional Pazk, a 24-acre Community Park and two (2) Neighborhood Pazks of at least five-acres each, and bike and hiking paths traversing the property connecting to the bikeway/trail system, play areas associated with schools, and child care facilities. Since the Reuse Plan process included accommodation of public conveyance of approximately 35 acres of city parks and 85 acres of Urban Regional Pazk, individual developers were relieved of the requirement to dedicate land for pazk purposes. However, pursuant to the MCAS Tustin Specific Plan, the developers aze required to provide in-lieu fees or public accessible pazk space (where approved by the City). This requirement will be included in the conditions of approval for the project. The proposed project would not generate an increase in the use of existing neighborhood parks since a pazk site would be included in the site. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/BIR; 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 Reuse Plan and MCAS Tustin Specific Plan (Pages 3-145 through 3-154) Tustin Pazks and Recreation Services Department Tustin General Plan XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 16 d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The FEIS/EIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overburden existing roadways and intersections surrounding the base property. The FEIS/EIR indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400 ADT when the base was fully operational (1993). As a military facility, the FEIS/EIR considered the traffic impact and developed a mitigation program to reduce potential impacts to a level of insignificance. This project will be conditioned to participate in its fair share responsibility for both on-site and off-site circulation mitigation and implementation measures. In addition, construction activities are required to be meet all Transportation related FEIS/EIR Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.). The FEIS/EIR implementation and mitigation measures will reduce potential impacts to the traffic and circulation system to a level of insignificance. Consequently, no substantial change is expected from the analysis previously completed in the approved FEISBIR for MCAS Tustin. Based upon the Traffic Study for Columbus Grove project (Planning Area 21, the traffic generation identified for the 465 residential units is less than the Trip Budget identified in the Specific Plan. When compared with the Trip Budget contained in Chapter 3 of the Specific Plan, the proposed project ADT is decreased by 1,427. The development is also required to pay its fair share contribution to the Tustin legacy Backbone Infrastructure Program which includes major arterial and secondary roadway systems. Therefore, there would not be additional impacts associated with the proposed project's traffic. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/BIR; 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 3-118 through 3- 142, 4-139 through 4-206 and 7-32 through 7-41) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 17 XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The FEIR/EIR analyzed low-density 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 funding for 50 percent of the design and construction of Moffett Avenue from Harvard Avenue to Peters Canyon Wash Bridge. Improvements to Moffett Avenue would include design and installation of a Class II bike trail, a new domestic water line if required by the Irvine Ranch Water District, a new brine line, a new reclaimed water line if required by the Irvine Ranch Water District, a new sanitary sewer line if required by the Irvine Ranch Water District, a storm drain with adequate capacity to accommodate runoff from the proposed development. The developer will be responsible for its fair share contribution to Tustin Legacy Backbone Infrastructure Improvement Program which includes but is not limited to roadways, water, sewer, and backbone underground dry utilities (electric, gas, cable TV, telephone, etc). In addition, 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. Improvements to Peters Canyon Channel will be installed at a later date adjacent to Pazcel 35 through an implementation agreement between the City of Tustin and the Orange County Flood Control District (OCFCD) as previously required by the adopted FEIS/EIR. Improvements adjacent to Pazcel 36 will be the responsibility of the developer including all jurisdictional wetland mitigation subject to provisions of a Cooperative Agreement between the developer and the City of Tustin. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 18 Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3- 46, 4-32 through 4-55 and 7-20 through 7-21) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats of wildlife populations or 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 aze 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 previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEISBIR. 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 Attachment 1 to Exhibit A of Resolution No. OS-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 19 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) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan CONCLUSION The summazy 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 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 FEISBIR on Januazy 16, 2001 and shall apply to the proposed project, as applicable. 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M z C N p v N 00 F U F Y U V O d m C N 9 O T 6 ro 0 O q a Q a y U N O P. z 0 T a m C ~ o =' ~O E v o z° N y z~ 9 a U M F N p~ .. C °- o O ~, E V ^ M N h S v ~ ffi~ c~ o w v c s ~ O c a ~ O L p N O 7 ~ r.~ r-~ ~ v t ~ a v ~~ M U ti ORDINANCE NO. 1296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 04-002 TO PERMIT THE DEVELOPMENT OF DETACHED CARRIAGE WAY SINGLE FAMILY DWELLING UNITS AND ESTABLISH RELATED DEVELOPMENT STANDARDS AND AMEND THE REQUIREMENT FOR A 10-ACRE MINIMUM DEVELOPMENT SITE FOR CONDOMINIUMS AND MULTIPLE FAMILY DWELLINGS IN MCAS TUSTIN SPECIFIC PLAN PLANNING AREA 21. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That Moffett Meadows Partners, LLC submitted a proper application for Specific Plan Amendment/Zone Change 04-002 to allow development of detached carriage way single family dwelling units within Planning Area 21 for the purpose of providing an alternative to the traditional single family detached product without compromising the density and development standards for single family residences and to allow development of condominium projects on development sites that are less than ten (10) acres. B. That a public hearing was duly called, noticed, and held on said application on January 24, 2005, and continued to February 14, 2005 by the Planning Commission. C. That a public hearing was duly called, noticed, and held on said application on February 7, 2005, and continued to February 22, 2005 by the City Council. D. That Zone Change 04-002 would apply to Planning Area 21 of the MCAS Tustin Specific Plan within the City of Tustin. E. That the MCAS Tustin Specific Plan does not set forth standards for "carriage way units" and the standards for carriage way units are proposed as an alternative to the traditional single family detached product and is accessed from a rear alley instead of a street, which provides for a neo-traditional streetscape of residences with garages to the rear of the residences. These types of single family detached units should be permitted within Planning Area 21 since the development standards would be identical to those for single family detached units, with the exception of the minimum rear yard setback, Ordinance 1296 Page 2 which would be reduced from ten (10) feet to seven (7) feet for living space and three (3) feet for garage space since access to the garage for these units would be located at the rear of the property. F. That the MCAS Tustin Specific Plan sets forth a minimum development site size of ten (10) acres for condominiums and multiple family dwellings. However, it is appropriate to allow condominiums and multiple family developments to contain numerous lots or sites and be designated as a development unit on a tentative map with a minimum development unit size of eight (13) acres. A development unit, as defined by the MCAS Tustin Specific Plan, consists of all building sites, their private open space, common. recreation and open space areas, and public and/or private streets serving the project. A minimum of eight (8) acres in a development unit would ensure that these types of products are located in developments of substantial size and will result in orderly, rather than fragmented, development. G. The proposed zone change supports and is consistent with the Tustin General Plan. The Land Use Element includes the City's goals and policies for the long-term growth, development, and revitalization of Tustin. Based on the summary of issues, needs, opportunities,. and constraints described in the Tustin Land Use Element, ten goals are identified which include the following: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Revitalize older commercial, industrial, and residential development. 4. Improve city-wide urban design. 5. Promote economic expansion and diversification. 6. Coordinate development with provision of adequate public facilities and services. 7. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master planned development. These goals establish the framework for policies .related to allocation of land use in the City and the implementation policies reflect the direction and image the City seeks for the future. The proposed Zone Change supports several General Plan goals and policies, including the following: 1. The project will implement policies under the goal to achieve balanced development including: Ordinance 1296 Page 3 a. Policy 1.10 -Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. b. Policy 6.2 -Encourage and promote high quality design and physical appearance in all development projects. c. Policy 6.4 -Preserve and enhance the City's Special residential character and "small town" quality by encouraging and maintaining Tustin's low density residential neighborhoods through enforcement of existing land use and property development standards and the harmonious blending of buildings and landscape. 2. The project will implement policies under the goals and policies for future development of MCAS Tustin Specific Plan including: a. Policy 13.2 - Encourage a development pattern that offers a connectedness between buildings and uses, and has a strong sense of place through architectural styles and creative landscape design. b. Policy 13.5 - Promote high quality architecture, landscaping, signage, open space design, circulation patterns, and landscape patterns distinct from surrounding areas. Section 2. The City Council hereby adopts Zone Change (MCAS Tustin Specific Plan Amendment) 04-002 ("Zone Change') to amend Section 3.9.4 of the MCAS Tustin Specific Plan to establish new site development standards for carriage way units and minimum development site for condominium development in Planning Area 21 of MCAS Tustin Specific Plan, as identified in Exhibit A, attached hereto. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. Ordinance 1296 Page 4 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of , 2005. LOU BONE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFfCATION FOR ORDINANCE NO. 1296 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1296 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 22nd day of February, 2005 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2005 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A TO ORDINANCE 1296 ZONE CHANGE 04-002 The following changes to the MCAS Tustin Specific Plan shown in underlined text represent the proposed amendments in Zone Change 04-002: 3.1.1 Planning Area 21 -Low Density Residential A. Permitted and Conditionally Permitted Uses City of Tustin The following uses shall be permitted by right where the symbol "P" occurs or by conditional use where the symbol "C" occurs. Residential uses: Condominiums and cooperatives P Multiple-family dwelling units (apartments) in C accordance with tenure provisions in Section 3.9.4.I Patio homes C Single-family attached dwelling units and duplexes P Single-family detached dwelling units P • Single family detached carnage wav units P • Transitional housing (maximum of 36 units in Tustin P portion of Specific Plan) E. Single Family Detached -Carriage Way Units Definition: A twe of sinele family detached product that is located on a minimum thirty-six (361 foot wide paved private street with a ten (101 foot pazkway on both sides of the paved portions of the street with a garage that is located to the rear of the residence and takes access from a reaz two-wav alley. Ghat is a minimum of twenty-four (241 feet wide 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum lot area - 3,000 sguaze feet 3. Minimum lot width - 35 feet 4. Maximum building heieht - 35 feet 5. Maximum lot coverage - 50 percent of lot area. Covered areas shall include all areas under roof except trellis areas,. roof overhan>?s, and covered porches outside the exterior wall 6. Minimum building setbacks' Landscape setbacks are measured from the back of the curb and aze a combination of parkway, sidewalk, and planting areas. Building setbacks are measured from future right-of--way. Non-conforming building and landscape setbacks will be permitted to remain where existing buildings and structures are not in future right-of--way. a) Harvazd Avenue - 42 feet b) Edinger Avenue - 40 feet c) Moffett Avenue - 10 feet d) Local public street - 10 feet e) Private street or private drive - 5 feet (front yard) f) Interior side vazd - 3 feet minimum with aggre atg a requirement of 10 feet for both side vazds g) Rear yazd - 3 feet for garage and 7 feet for living areas including living areas above g~e 7. Landscape setbacks4 a) Edinger Avenue - 30 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet 8. Landscaping a) Areas not devoted to buildines, parking areas, handscape, and roads. shall be landscaped. b) Compliance with the Citv of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 9. Bicycle and pedestrian circulation facilities shall provide connections within the Plannine Area, to adiacent Plazmine Areas, and to citywide bicycle trails where applicable. 10. Guest parking -one hundred (100) percent of guest pazking may be provided pazallel to the travel way on a public or private street with a minimum paved width of thirty-six (36) feet. If there is no opportunity to provide guest pazkine in front of a home, then euest pazkin¢ shall be provided within approximately 150 feet from the front door of the unit. 11. Other General Development Regulations (refer to Section 3.11 as applicable) 12. Signage (refer to Section 3.12 as applicable) 13. Off-street pazking (refer to Section 3.13 as applicable to Single Family Detached G. Site Development Standards - (City of Tustin) Condominiums and Multiple Family Dwellings 1. Maximum dwelling units - 7 dwelling units per acre 2. Minimum development unit per product twe - 8 acres 3. Maximum building height - 40 feet 4. Maximum lot coverage - 65 percent, less the required building and landscape setbacks 5. Common open space - 400 square feet per dwelling unit located within common, designated recreational azeas. Private attached ground level patios may be credited if open on three sides. Areas not available for open space credit include all structures, streets, driveways, landscape setbacks, and pazking lots. 6. Minimum gross floor azea per dwelling unit, excluding the garage a) Bachelor - 450 squaze feet b) 1 Bedroom - 550 squaze feet c) 1 Bedroom with den - 700 squaze feet d) 2 Bedrooms - 750 squaze feet e) 2 Bedrooms or more with den - 850 squaze feet 7. Minimum building setbacks2 a) Harvard Avenue - 42 feet b) Edinger Avenue - 40 feet c) Moffett Avenue - 10 feet d) Local public street - 10 feet e) Private street or private drive - 5 feet f) Interior side yard - 3 feet g) Rear yard - 10 feet h) Distances between principal structures - 10 feet i) Distances between accessory structures - 5 feet 8. Landscape setbacks3 a) Edinger Avenue - 40 feet b) Harvard Avenue - 30 feet c) Moffett Avenue - 20 feet 9. Landscaping a) Areas not devoted to buildings, parking azeas, handscape, and roads, shall be landscaped. b) Compliance with the City of Tustin Landscape and Irrigation Guidelines c) Compliance with the Landscape Design Guidelines in Section 2.17 of this Specific Plan 10. Bicycle and pedestrian circulation facilities shall provide connections within the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails where applicable. 11. Other General Development Regulations (refer to Section 3.11 as applicable) 12. Signage (refer to Section 3.12 as applicable) 13. Off-street parking (refer to Section 3.13 as applicable) Z Building setbacks are measured from future right-of--way. Nonconforming building and landscape setbacks will be permitted to remain where existing buildings and structures are not in future right-of--way. ~ Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and planting areas. Landscape setbacks may be reduced to accommodate existing walls or buildings. Building setbacks are measured from future right-of--way. RESOLUTION NO. 05-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP 18582 TO SUBDIVIDE 86.26 ACRES FOR THE PURPOSE OF DEVELOPING 465 RESIDENTIAL UNITS WITHIN PLANNING AREA 21 OF THE MCAS-TUSTIN SPECIFIC PLAN (MCAS TUSTIN REUSE PLAN PARCEL 35 AND PARCEL 36) The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for Tentative Tract Map No. 16582 was submitted by Moffett Meadows Partners, LLC requesting the subdivision of a 86.26 acre site, into 286 numbered lots and 69 lettered lots for the purpose of developing 465 residential units, including 211 single family detached units, 68 carriage way single family detached units, and 186 condominium units within a portion of Planning Area 21 of the MCAS Tustin Specific Plan on MCAS Tustin Reuse Plan Disposal Parcels 35 and Parcel 36, generally bounded by Harvard Avenue to the east, Moffett Avenue to the north, the Peters Canyon Flood Control Channel to the west, and Warner Avenue to the south; B. That a public hearing was duly called, noticed, and held for said map on January 24, 2005 and continued to February 14, 2005, by the Planning Commission; C. That a public hearing was duly called, noticed, and held for said map on February 7, 2005 and continued to February 22, 2005, by the City Council; D. As conditioned, the proposed subdivision will be in conformance with the Tustin Area General Plan, MCAS Tustin Specific Plan as proposed to be amended by Zone Change 04-002, State Subdivision Map Act and the City's Subdivision Code, with the exception of MCAS Tustin Reuse Plan Disposal Parcel 36 currently within the City of Irvine, which conforms to General Plan Amendment 04-001 and Zone Change 04-001, to be considered by the City Council; E. The proposed subdivision is in conformance with MCAS Tustin Specific Plan as amended by Resolution No. 05-36 for approval of Specific Plan Amendment/Zone Change 04-002. F. That the site is located in Planning Area 21 of the MCAS Tustin Specific Plan, which is designated for Low Density Residential on Resolution No. 05-37 TTM 16582 Page 2 MCAS Tustin Reuse Plan Disposal Parcel 35 and Parcel 36. Parcel 36 is currently located in the City of Irvine and proposed to be annexed to City of Tustin in the near future under separate action, and that the development and as conditioned will be physically suitable for the type of development and proposed density of development; G. The applicant 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 MCAS-Tustin, including but not limited to roadway improvements; traffic and circulation mitigation to support development at the former MCAS-Tustin project; 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. H. That the proposed subdivision would not have an impact on school district facilities within the Irvine Unified School District in that school impacts for development were considered in the MCAS Reuse Plan and in a 1996 "Agreement between the City of Tustin and Irvine Unified School District Regarding Transfer of School Site and other Mitigation Measures" which identified a school facility site that will be conveyed to the Irvine Unified School District by the Federal Department of Education to serve development of property at the former MCAS Tustin. The Agreement, the MCAS Tustin Specific Plan, and the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the Irvine Unified School District 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; I. 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; J. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area dated August 9, 2002. The applicant is required to pay fair-share contribution as part of the Tustin Legacy Backbone Infrastructure Program to satisfy the obligations identified in Agreement No. D02-119 between the Orange County Flood Control District and the City of Tustin and as amended on June 8, 2004, related to the improvements required of the Peters Canyon Channel adjacent to Parcel 35. Improvements to Peters Canyon Channel adjacent to Parcel 36 will be the responsibility of the Resolution No. 05-37 TTM 16582 Page 3 developer, including all jurisdictional wetland mitigation, subject to the provisions of a Cooperative Agreement between the developer and the City of Tustin. K. That development of the site will require the developer to dedicate in fee title of property to the City of Tustin, including adjacent to the Peters Canyon Channel for future channel widening and regional trail improvements and along Harvard Avenue for improvements in the public right-of-way to ensure access to the project and the provision of planned infrastructure; and, L. 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 phase of development. In addition, to ensure orderly development and the systematic provision of required affordable housing, construction phasing of affordable units will be required to be reasonably proportionate to market rate units. M. That the MCAS Tustin Specific Plan requires the provision of affordable housing affordable to very low, low, and moderate income level persons. The applicant has submitted a request for incentives for the development of affordable housing (i.e., density bonus) in Planning Areas 4 and 5 and has requested the transfer of eight (8) very low income units and seventeen (17) low income units from Planning Area 21 to Planning Area 5. A total of twelve (12) very low units and thirty (30) moderate income units would be provided in the development. In accordance with Section 3.9.4.1.3.f of the MCAS Tustin Specific Plan, which provides for the transfer of affordable housing unit obligations to an off-site location at the City's sole discretion, the transfer of these units is appropriate in that they are proposed to be located in condominium and senior housing projects in Planning Area 5, which will offer equivalent housing opportunities. The applicant will also be required to enter into a Housing Incentive Agreement to ensure the provision of affordable housing within the tract. N. That Section 3.9.4.1.3b of the MCAS Tustin Specific Plan requires the provision of twelve (12) transitional housing units to implement the Homeless Accommodation Strategy approved by the City of Tustin and the Department of Housing and Urban Development (HUD). As conditioned, twelve (12) very low units shall be located on Parcel 35 within Planning Area 21 and designated for Homeless Providers and the applicant will be required to execute agreements with two Homeless Providers prior to issuance of building permits to ensure these units are made available for transitional housing at no cost to each provider. In the future, transfer of the twelve (12) transitional units to Planning Area 5 can be approved by the Resolution No. 05-37 TTM 16582 Page 4 Community Development Director upon execution of an agreement between the City of Tustin, the developer, and the Homeless Providers. In addition, to satisfy the transitional housing obligation for Parcel 36, the applicant is required to provide for the transfer of 14 units to Families Forward, at no cost, to Families Forward for the provision of transitional housing for the homeless on Parcel 37 in Irvine or an acceptable location elsewhere as may agreed to in writing between the City of Tustin, City of Irvine and Families Forward. O. That the MCAS Tustin Specific Plan process included public conveyances of City parks and an Urban Regional Park and individual developers were relieved of the requirement to dedicate land for park purposes; however, the developer is required to provide funding toward the project fair share of Tustin Legacy open space and recreational facilities including payment of a parkland dedication in-lieu fee subject to the provisions of the MCAS Tustin Specific Plan and the City's parkland dedication ordinance (Section 9331 of the Tustin City Code), which permits a credit for public recreational open space if affordable housing is being provided. The subdivider is providing 6.19 acres of private parkland (Lot 237, 2.11 park site, Lot R, 1.39 open space/paseo, Lot BC, 2.69 linear park site) in the proposed subdivision and would be eligible for a waiver of parkland dedication fees pursuant to Section 9931d(1)(c) of the Tustin City Code for the forty-two (42) affordable housing units to be provided in the subdivision and a credit for 2.35 acre parkland that will be provided and accessible to the public on the private park site through public easements on the development site. It is appropriate to waive a portion of the fees since affordable housing units will be provided within Planning Area 21 and provide a credit for a portion of the park areas that will be accessible to the general public. P. That the Building Official has considered and approved deviations to the Private Improvement Standard to allow turning radii of less than 25 feet for private drives based on the submitted Circulation Plan for a forty (40) foot long moving truck with an effective width of eight (8) feet. Q. That a Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR) was prepared and certified, which considered the development of low density development within Planning Area 21. A checklist was prepared that finds all potential impacts of the project were addressed by the certified FEIS/EIR and no additional impacts have been identified; all applicable mitigation measures in the FEIS/EIR have been included as conditions of approval. The City Council has adopted Resolution No. 05-35 finding that the Resolution No. 05-37 TTM 16582 Page 5 FEIS/EIR for the MCAS adequately addressed subdivision. Tustin Reuse Plan and Specific Plan all potential impacts related to the II. The City Council hereby approve Tentative Tract Map 16582 for the subdivision of a 86.26 (gross) acre site into 286 numbered lots and 69 lettered lots for the purpose of developing 465 residential units; (211 Single Family Detached units, 68 Carriage Way units, and 186 condominium units) within a portion of Planning Area 21 (Parcel 35 and Parcel 36), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22nd day of February, 2005. LOU BONE MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-37 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 22"d day of February, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A -TENTATIVE TRACT MAP 18582 RESOLUTION NO. 05-37 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Within 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 Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. Prior to submittal for initial City review, all corrections noted herein shall be made. If multiple final maps are proposed, each map shall comply with all requirements herein and the requirements for phasing set forth in Condition 2.1. (1) 1.2 Resolution No. 05-37 shall become null and void in the event that General Plan Amendment 04-001 and Zone Change 04-001 as it affects Parcel 36 and any proposed improvements on Parcel 36 including any improvements which straddle the boundary between Parcel 35 and Parcel 36 and Resolution Nos. 3945, and 3947 approving Concept Plan 03-004, Design Review 04-004, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, are not approved by the City Council. If Resolution No. 05-37 becomes null and void, the applicant shall submit a new tentative tract map that will only encompass Parcel 35 and all related development for review and approval of the City Council. (1) 1.3 Resolution No. 05-37 as it affects parcel 36 shall not become effective until Annexation 159 for the annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 becomes effective and the annexation shall occur prior to the approval of Final Map 16582. (1) 1.4 Approval of Resolution No. 05-37 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. (7) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (5) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. OS-37 TTM 16582 Page 2 (1) 1.5 The final tract map(s) shall be developed in accordance with Resolution Nos. 05-35, 05-36, 05-37 approving the environmental Checklist and Specific Plan Amendment/Zone Change 04-002, and Tentative Tract Map 16582, and the Affordable Housing Plan and Density Bonus Application, which includes the transfer of required affordable housing units from Planning Area 21 to Planning Area 5, and Planning Commission Resolutions Nos. 3945, and 3947 approving Concept Plan 03-004, and Design Review 04-004, and all applicable requirements of the MCAS Tustin Specific Plan, Tustin City Code, and applicable policies and guidelines. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 1.6 The subdivider shall comply with all applicable requirements of the State Subdivision Map Act, and the City's Subdivision Ordinance, the MCAS Tustin Specific Plan, the Tustin City Code, applicable City of Tustin guidelines and standards and applicable mitigation measures identified in the certified FEIS/EIR, and other agreements with the City of Tustin unless otherwise modified by this Resolution or Resolution Nos. 05-35 and 05-36. (5) 1.7 Prior to recordation of the first final map, or issuance of the first building permit, whichever occurs first, the subdivider shall be required to execute bonds or pay fees for grading permits, Quimby Act obligations, and the developer's Fair Share of Tustin Legacy Backbone Infrastructure Program improvements as determined by the Tustin City Council, required to be made by the developer pursuant to City procedures. (1) 1.8 Prior to recordation of the final map, the subdivider shall execute a subdivision and monumentation agreement and furnish the improvement and monumentation bonds as required by the City Engineer. (1) 1.9 Prior to final map approval by the City Council, the subdivider shall execute ahold-harmless agreement and provide a Certificate of Insurance pursuant to Section 9325 of the Tustin City Code. (1) 1.10 Subdivider shall not oppose any future creation of a landscape and lighting district for maintenance within the public right-of-way or of public parkland, a 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. (1) 1.11 Prior to final map approval, the subdivider shall submit: A. A current title report; and, B. A duplicate mylar of the Final Map, or 8'/z inch by 11 inch transparency of each map sheet and "as built" grading, landscape, and improvement plans prior to Certificate of Acceptance Exhibit A Resolution No. 05-37 TTM 16582 Page 3 (1) 1.12 Upon recordation of any final map or submittal of an application for building permits, the applicant shall obtain new addresses for all lots and buildings from the Engineering Division. (1) 1.13 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project or from any potential flooding impacts from the adjacent Peters Canyon Flood Control Channel. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.14 As required by Amendment No. 1 to the Joint Cooperative Agreement between the City, the County of Orange, and the Orange County Flood Control District (OCFCD), the applicant shall: indemnify and defend the City of Tustin, the County of Orange ("County') and the Orange County Flood Control District ("District") against any claims, loss, liability or damages arising from damage to property or injury to persons resulting from flooding and/or erosion within Tract 16582. The applicant shall ensure that it has adequate assets in existence to fund this obligation until completion of the future widening and Peters Canyon Channel Improvements. These defense and indemnify obligations do not extend to any loss, liability, or damages established by a court of competent jurisdiction to be cause by the County's or District's negligence or willful misconduct in the design or maintenance of existing flood control improvements in the Peters Canyon Channel, provided the failure to improve Peter's Canyon Channel adjacent to Parcels in the City of Tustin and City of Irvine will not constitute negligence or willful misconduct on the part of the District or County. In addition, the developer shall provide interim erosion protection along Peters Canyon Channel within the approximate 40 foot proposed right-of- way currently owned by the Department of Navy adjacent to Panel 35 and the 40 foot dedication adjacent to Reuse Disposal Parcels 35 and 36. (1) 1.15 The Developer shall accommodate, at various locations on the Developer Parcel as approved by Community Development, pedestrian and bicycle connections to the regional bike trail on Peters Canyon Channel, Harvard Avenue, Moffett Avenue, and proposed improvements along Warner Avenue within the City of Irvine. The final map shall include a perpetual easement in favor of the City, its successors and assigns, in form and substance acceptable to the City in its sole discretion and at no cost to the City, providing pedestrian and bicycle access to the public upon and Exhibit A Resolution No. 05-37 TTM 16582 Page 4 across the full length of any foregoing pedestrian and bicycle connections on the Developer Parcel as they connect to adjoining bike paths. Notwithstanding the foregoing, the Developer and its successors and assigns shall retain responsibility for maintenance and repair of the foregoing pedestrian and bicycle connections constructed on the Developer Parcel (1) 1.16 Unless otherwise agreed to by the City in its sole discretion, property within the tract or any street or sidewalk or alleyway thereon shall not be privately gated; provided however, that any swimming pool and/or spa facility within the Common Area and any 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. (") 1.17 Approval of Tentative Tract Map 16582 shall be contingent upon conditions of approval contained within Planning Commission Resolutions 3943, 3944, 3945, 3946, and 3947, as applicable. PROJECT PHASING/AFFORDABLE HOUSING (1) 2.1 Design and construction of all public infrastructure and in-tract private streets and utility systems shall be constructed within the initial phase of development and shall be completed prior to the issuance of building permits for any Phase 1 unit as identified on Sheet CP-7 (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. Project infrastructure (i.e., drives within condominium projects) and utilities shall be constructed at the time of project development. (1) 2.2 The developer shall develop, market and sell Moderate income ("affordable units") in the project area and shall construct such units in approximately the same proportion to the market rate units as shown on the Phasing Plan and as per the conditions of approval contained herein including Condition 2.1. If there is any deviation from provisions contained herein and in Condition 2.1, no additional building permits shall be issued until compliance with said provisions. This information shall be disclosed to all home builders or with each final conveyance map. (1) 2.3 Prior to recordation of the first final map including a conveyance map, or issuance of first building permit, whichever occurs first, the applicant shall enter into a Housing Agreement with the City to insure implementation of the Affordable Housing requirements of the Specific Plan, the City's Density Bonus Ordinance, the City approved "Affordable Housing Plan, Density Bonus Application, and the City's Affordable Housing Policy and compliance with California Health and Safety Code Section 33413(b)(2). A minimum of thirty (30) units shall be sold to moderate income households Exhibit A Resolution No. 05-37 TfM 16582 Page 5 and no fewer than twelve (12) transitional units within the very low income category shall be conveyed to homeless providers for transitional housing for assistance to homeless (Human Options and Orange County Interfaith Shelter). Eight (8) very low income units and seventeen (17) low income units are approved for transfer to Planning Area 5. As part of the Housing Agreement, affordable covenants and other agreements shall be required to be recorded against each unit and will be binding on properties upon sale of transfer of units for a minimum of 45 years. (1) 2.4 Prior to issuance of building permits or recordation of the first final map, whichever is earlier, the applicant shall provide signed agreement acceptable to the City of Tustin in from and content between the City of Tustin, the applicant, and three individual homeless service providers including Human Options, Orange County Interfaith Shelter and Families Forward. The individual agreements with Human Options and the Orange County Interfaith Shelter shall provide that the applicant convey six (6) units to Human Options and 6 units to the Orange County Interfaith Shelter, at no cost, for the provision of transitional housing to the homeless on the subject site or an acceptable alternative location elsewhere as may be agreed to in writing between the City of Tustin, applicant and each of these homeless providers. The agreement between the City of Tustin, the applicant and Families Forward shall provide for the transfer of 14 units, at no cost, to Families Forward for the provision of transitional housing for the homeless on Parcel 37 in Irvine or an acceptable location elsewhere as may agreed to in writing between the City of Tustin, City of Irvine and Families Forward. (1) 2.5 Prior to the issuance of any building permits, the applicant shall execute an agreement with the City of Tustin to ensure that the affordable housing units that were required on Parcel 36 and are being transferred by the City of Irvine to Parcel 37 will be provided in Irvine. The agreement shall include an indemnification of the City of Tustin for not imposing any affordability requirements on Parcel 36. In the event that this agreement is not executed, the applicant shall amend the Affordable Housing Plan to provide twenty-one (21) affordable units on Parcel 36, which include eight (8) very low income units, five (5) low income units, and eight (8) moderate Income units. (1) 2.6 The developer shall submit to the City Affordable Housing Purchaser Selection and Criteria Plan for Redevelopment Agency review and approval 30 days prior to approval if a final map or issuance of a building permit. The City will approve or disapprove the Affordable Housing Purchaser Selection and Criteria Plan within 20 calendar days. The developer shall initiate marketing and sales of the Affordable Housing units after City's approval of Developer's Affordable Housing Purchaser Selection and Criteria Plan. Sale of Affordable Housing units can begin after final map recordation and all necessary California Department of Real Estate approvals. The developer shall submit to City individual Exhibit A Resolution No. OS-37 TTM 16582 Page 6 escrow instructions for buyers of Affordable Housing units and all other related documents at least 20 calendar days prior to close of escrow of individual Affordable Housing units and with submission of individual escrow instructions and related items by developer to City. The City sill approve or disapprove individual escrow instructions and related items for buyers of Affordable Housing units within 10 calendar days of following submission by developer. CONDITIONS FOR NON-BACKBONE INFRASTRUCTURE IMPROVEMENTS The following general conditions apply to Tustin Legacy Non-Backbone Infrastructure improvements, as specified in each condition to ensure coordinated design, construction, and operation of all on and off-site infrastructure and utility systems. (1) 3.1 Separate 24" by 36" street improvement plans for all Tustin Legacy Non- Backbone Infrastructure Improvements identified in the following Conditions and other public improvements, as prepared by a California Registered Civil Engineer, shall be required for all design and construction within the public right-of-way, including, but not limited to, the following: A. Curb and gutter at the project entries on Harvard Avenue and on Moffett Avenue; B. Sidewalk on Harvard Avenue and Moffett Avenue, including curb ramps for the physically disabled: The project shall comply with City of Tustin Standard Plan No. 204 for construction of meandering sidewalks and shall comply with ADA accessibility requirements for all proposed sidewalk grades on public streets. All public sidewalks, paseos, and trail facilities shall comply with the provisions of the American with Disabilities Act. This may require ramps at Moffett and Harvard Avenue to be replaced to comply with the American with Disabilities Act; C. Catch basins/ storm drain laterals/ connections to the existing storm drain system with approval of Orange County Flood Control District (OCFCD); D. 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 water system design and 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 ; E. Sanitary sewer facilities: all sanitary sewer facilities must be submitted as required by the City Engineer and Irvine Ranch Water District (IRWD). These facilities shall include a gravity flow system Exhibit A Resolution No. 05-37 TTM 16582 Page 7 per the standard of the Irvine Ranch Water District; F. Landscape/irrigation; G. Underground utility connections: All utility lines shall be placed underground by the developer H. Fire hydrants; I. Demolition and removal of any abandoned utilities at the entire site including within the public right-of-way. J. Design and installation of traffic signal at Harvard Avenue and Lot "BN" (main entry). K. Design and installation of the traffic signal at Moffett Avenue and "B" Street. L. The developer shall design and construct or bond for design and construction of Peters Canyon Channel Improvements adjacent to Reuse Disposal Parcel 36 (annexed to Tustin) and any transitional facilities necessary for transition to Peters Canyon Channel improvements being constructed by Irvine in conjunction with the design and construction bonding for such channel in Irvine improvements to be made by the applicant. Consistent with City of Irvine conditions of approval for Parcel 37 Tract 16662 in Irvine, prior to recordation of the first final map, the applicant shall construct, or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of the storm drain facilities to serve the site and improvements to Peters Canyon Channel adjacent to Parcel 36 subject to Orange County Flood Control requirements to transition to channel widening required adjacent to Parcel 37, including all jurisdictional wetland mitigation measures which may be required. Said improvements shall be designed and constructed consistent with design and construction of the segment of channel to the north and consistent with the Runoff Management Plan (ROMP) approved plan by the Orange County Flood Control District (OCFCD). In addition, the applicant is required to install all infrastructure and landscape improvements for the future extension of the Peters Canyon trail within Lot "BQ." All public access easements outside of the existing or proposed street rights-of-way shall be clearly shown and labeled on the plans and street sections and design and placement of utilities such as light poles, street furniture, traffic lights, etc. will be subject to design parameters established by the City. In addition, a 24" by 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, shall be required. Exhibit A Resolution No. OS-37 TTM 16582 Page 8 (5) 3.2 All public improvements, including, but not limited to, water supply, sanitary sewer facilities, reclaimed water supply, storm water drainage, electrical service, gas service, and other facilities and utilities shall comply with the City of Tustin General Plan, the MCAS Tustin Specific Plan, City development standards and guidelines, and all conditions contained herein, including, but not limited to, the following: A. The project shall comply with City of Tustin Standard Plan No. 204 for construction of a meandering sidewalk along Harvard Avenue and ADA accessibility requirements for all proposed sidewalk grades on public streets. B. All landscape setbacks shall be consistent with the City of Tustin MCAS Specific Plan. C. Adequate horizontal and vertical intersection sight lines shall be provided and shown on the grading plan and landscape plan. A minimum 25 foot by 25 foot limited use area triangle shall be provided to ensure adequate sight lines at all driveways and the applicant shall comply with City of Tustin's Standard Drawings and Design Standards for Public Works Construction No. 510 for all public and private intersection sight distances and limited use area requirements for the project's streets. (1) 3.3 Prior to any final map recordation, the development applicant shall enter into an agreement with the City of Tustin and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate all easement, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project including but not limited to: IRWD, City of Irvine, SCE, The Gas Company, OCFCD, SBC, Cox Communications, etc. (1) 3.4 The applicant shall submit a complete hydrology study and hydraulic calculations to the City for review and approval. (1) 3.5 The applicant shall provide sufficient documentation to the satisfaction of the City Engineer and County of Orange for that the existing storm drain systems that have the capacity to convey the proposed development storm water runoff as well as any other runoff planned to be conveyed to the existing drain as identified on any approved specific plans, including the connection to any existing Storm Drain in Moffett Drive, and demonstrate that the existing storm drain or any new storm drains comply with City Standards for Public Street Improvements. (1) 3.6 The minimum pipe diameter for all public storm drains shall be 24-inch. Exhibit A Resolution No. 05-37 TTM 16582 Page 9 (5) 3.7 All storm drains to be constructed within or adjacent to the development shall be designed per the applicable Orange County Flood Control District's (OCFCD) and City of Tustin standards. (5) 3.8 The applicant shall provide a 100-year storm drainage study for review and approval to the City of Tustin showing the maximum water surface elevations for all locations and a second study showing secondary overflow discharge locations based upon the OCFCD requirement to analyze all grated inlet locations with 100% plugging (per the County's Local Drainage Manual requirements). For all design and construction of connections to Peters Canyon Channel, the plans and specifications shall be reviewed and approved by the Orange County Flood Control District. (1) 3.9 The combination wall along Peters Canyon Wash shall be designed to account for the ultimate 100-year storm high water level along and consider potential scouring if the flood control facility's 100-year storm water level exceeds the existing channel capacity. (1) 3.10 The applicant shall be responsible for design and construction of any storm drain or other drainage facilities necessary to comply with the City's Runoff Management Plan for Tustin Legacy. (1) 3.11 All proposed utilities and storm drain lines shall be labeled as being either private or public, subject to approval by the Public Works Director and applicable utility providers. (1) 3.12 The minimum grade on gutter flow lines shall be 0.4 percent (including the flow line grades in street tapers and horizontal curves). Construction of catch basins, storm drains laterals and junction structures shall be required to eliminate the need for cross gutters on public streets. (1) 3.13 Prior to issuance of an encroachment permit, preparation of a sedimentation and erosion control plan for all work related to this development shall be submitted to the City for review and approval. (1) 3.14 Prior to issuance of grading permits, preparation and submittal of a final grading plan shall be provided to the City of Tustin for review and approval showing all pertinent elevations as they pertain to the public right-of-way along with delineating the following information: A. Final street elevations at key locations; B. Final pad/finished floor elevations and key elevations for all site grading as established by the approved hydrology report and elevations provided by the Orange County Flood Control District. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. Exhibit A Resolution No. 05-37 TTM 16582 Page 10 C. All flood hazards of record. (1) 3.15 The applicant shall design and install the traffic signal at the intersection of Moffett Avenue and the project access as shown in the approved Traffic Study for this project. The applicant will be subject to 50% reimbursement of these costs from the John Laing Homes Tract No. 16507. (1) 3.16 Prior to submittal of roadway improvement plans, the applicant shall submit to the City for review and approval preliminary striping plans for the project's two private street entry roadways (off of Harvard Avenue and Moffett Drive) showing all lane widths and traffic lane transitions lengths (for the Harvard Avenue entry) and the external and internal intersections' lane geometry. At a minimum, 20-foot wide pavement sections shall be provided adjacent to both sides of the landscape median islands at both private entries. (1) 3.17 The applicant shall be responsible for abandoning and removing all existing utilities within the current and proposed roadway sections. (1) 3.18 Prior to the start of final design of the perimeter public street improvements, the applicant shall submit a preliminary landscape plan for Harvard Avenue and Moffett Avenue to the City for review and approval. (1) 3.19 Prior to recordation of the first final map, the applicant shall be required to enter into a landscape maintenance agreement with the City of Tustin for all parkway improvements within public right-of-way along Harvard Avenue, Moffett Avenue and Lot "BQ, "and for the landscaped areas of Parcel 1-B-3 to be retained in ownership by the City. (1) 3.20 Prior to recordation of the first final map, the applicant shall secure an access easement for maintenance of the exterior portions of the wall adjacent to the future Peters Canyon Channel right-of-way. (1) 3.21 The applicant shall ensure that the site has adequate flood protection and runoff from the development will not result in adversely impacting downstream facilities. (1) 3.22 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 2004 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., Exhibit A Resolution No. 05-37 TTM 16582 Page 11 produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2004. Drawings created in AutoCAD Release 2000 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting the "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM (1) 4.1 This Subdivision necessitates the construction of certain infrastructure improvements as outlined in the Tustin Legacy Backbone Infrastructure Program for the former MCAS Tustin. The applicant shall fund its Fair Share Contribution to the Tustin Legacy Backbone Infrastructure and shall provide security satisfactory to City to insure that the entire Fair Share Contribution is paid to the City including amounts due for the Government Parcels within the City of Irvine as required in the Cooperative Agreement between the City of Tustin and Marble Mountain Partners LLC, dated February 7, 2005. (5) 4.2 The developer shall pay to the City of Tustin its fair-share contribution towards the Tustin Legacy Backbone Infrastructure Program to satisfy the obligations identified in Cooperative Agreement No. D02-119 between the County, Orange County Flood Control District and the City of Tustin for Parcel 35. Please note that improvements to Peters Canyon Channel adjacent to Parcel 36 will be the responsibility of the developer, including all jurisdictional wetland mitigation, subject to the provisions of a Cooperative Agreement between the developer and the City of Tustin. PRIVATE IN-TRACT IMPROVEMENTS (3) 5.1 Prior to the issuance of precise grading permits or infrastructure construction plans, plans prepared by a California Registered Civil Engineer shall be required for review and approval all private, on-site construction. All design and construction of improvement work shall incorporate applicable conditions contained within Resolution No. 3947 and shall be designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements," revised April 1989, or as subsequently amended. Said plans shall include, but not be limited to, the following: A. Curbs and gutters on all streets; B. Sidewalks on all streets, including curb ramps for the physically Exhibit A Resolution No. 05-37 TTM 16582 Page 12 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 and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; F. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the Orange County Flood Control District; G. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District (IRWD); H. Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and Irvine Ranch Water District (IRWD). These facilities shall be consistent with the standards of the Irvine Ranch Water District; Underground utility connections: All utility lines shall be placed underground by the developer; J. Fire hydrants; K. Demolition/removal of utilities in accordance with the demolition/severance plan as required herein; L. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City-franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities; and, Exhibit A Resolution No. 05-37 TTM 16582 Page 13 (3) 5.2 Prior to the issuance of building permits, construction plans, as prepared by a California Registered Civil Engineer, shall be reviewed and approved by the Community Development Department for the following private improvements: A. Street lighting: The private street lighting system shall be reviewed and approved by the City of Tustin and Southern California Edison; B. Landscape/irrigation; C. Trash facilities; the applicant shall provide commercial trash collection and obtain approval from the Engineering Division for the location, size, and trash enclosures. (1) 5.3 All improvement work shall be performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements', revised April 1989. (1) 5.4 A detailed hydrology and hydraulic analysis for 25-year and 100-year storm frequencies shall be provided for both the existing and proposed on- site conditions to determine any requirements for on-site storm water retention/detention and facility sizing. The applicant shall be required to accept upstream storm water that would historically cross the property and detain/retain on the property such upstream water so that the release of said water into downstream regional flood control systems does not exceed historical flow rates or the downstream capacity of such systems. Drainage connections to OCFCD regional facilities shall be designed with consideration of interim and future conditions of the regional channel system and consistent with the water surface elevation criteria established by the approved Tustin Legacy Runoff Management Plan. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (1) 6.1 The applicant shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: A. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. B. The applicant shall obtain permission from affected property owners for any work located on adjacent properties, including property owned by the Department of Navy. Exhibit A Resolution No. OS-37 TTM 16582 Page 14 C. Along the westerly boundary of Reuse Disposal Parcel 35 adjacent to Peter's Canyon Wash, any slope grading outside of the tract boundary shall require an encroachment permit from the property owner (currently the Department of the Navy) in coordination with the County of Orange for any work within Peter's Canyon Wash right-of-way or within City of Tustin public right of way. D. The applicant shall obtain all approvals and permits from the applicable property owners and City of Irvine for work within the adjacent property and City of Irvine's limits. All infrastructure improvements in the City of Irvine shall be coordinated with the City of Irvine and shall comply with Irvine's applicable standards. E. The applicant shall obtain all approvals and permits from the applicable Regional Resource Agencies including, but not limited to: the Orange County Flood Control District (OCFCD), the Army Corps of Engineers, the California Department of Fish and Game, the California Regional Water Quality Control Board, etc. for work within the open channels. F. The applicant shall coordinate the design and construction of the bus stop locations with the Orange County Transportation Authority. G. The applicant shall obtain written approval and/or permits from the applicable utility companies including but not limited to SCE, The Gas Company, IRWD, SBC, Cox Communications, etc. CONSTRUCTION (1) 7.1 Any damage done to existing street improvements and utilities shall be repaired before acceptance of the tract within the subdivision to the satisfaction of the City Engineer. (1) 7.2 The applicant shall comply with construction and demolition all waste diversion requirements. In particular the applicant is required to comply with Section 4327 of the Tustin City Code which details the requirements for developing and implementing a Waste Management Plan. GRANTS IN FEE AND DEDICATIONS (1) 8.1 The applicant and subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of Harvard Avenue and Moffett Avenue, traffic signal equipment and maintenance easements at Harvard Avenue/Lot "BN" and Moffett Avenue/Lot "BP," drainage and flood control right-of-way easements including Lot "BQ," pedestrian and vehicular access rights, utility easements and public parks, defined and approved as to specific locations Exhibit A Resolution No. 05-37 TTM 16582 Page 15 by the City Engineer and other agencies, for this project. Reciprocal ingress, egress, parking, utility and pedestrian access easements may need to be provided between and across certain privately own and maintained lots and within the lettered lots including but not limited to the following: ^ Lot "BN," Lot "P," Lot "A," Lot. "R,", Lot "BC," Lot "FG,", Lot "MN," and Lot "O." (1) 8.2 The applicant shall dedicate in fee title to the City of Tustin a forty (40) foot wide area (Lot "BQ") to accommodate future Peters Canyon Channel widening. (1) 8.3 The applicant shall dedicate in fee title to the City of Tustin the required corner cut-offs at the intersection of Harvard Avenue and Moffett Avenue. (1) 8.4 The applicant shall identify the easements for public use of privately owned parks and related public access easements for the public parks on the final map. (1) 8.5 All dedication and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, aright-of-entry and temporary construction easement for all on-site joins when the ultimate street improvements are constructed. The right-of-entry and temporary construction easement shall terminate on the date that the Notice of Completion is recorded at the Orange County Recorder's office. (1) 8.6 The tentative tract map shall be revised to reconfigure Lot "BO" to remove the raised median area from the required dedicated area and the final map shall incorporate this revision. (1) 8.7 The applicant shall dedicate public access and maintenance easements to the City of Tustin for sidewalks along Harvard Avenue and Moffett Avenue. CCBRS (1) 9.1 All organizational documents for the project and covenants, conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, and City Attorney's Office. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Community Development Department after recordation. No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all these properties which are jointly owned Exhibit A Resolution No. OS-37 TTM 16582 Page 16 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 be sold 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 financing guarantee method approved by the City. 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 including recreational buildings and amenities, landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails), parkland facilities and bikeways, open space areas, and including an O & M plan for the funding and maintenance of all structural and non-structural best management practices ("BMP's"). 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 MCAS Tustin Speci#ic 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. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate Exhibit A Resolution No. 05-37 TTM 16582 Page 17 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 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. Recreational open spaces areas within the common area shall be illustrated on a "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 general public access rights required to be maintained in perpetuity by the homeowners association and the level of maintenance standard for all park and open space areas that the City is granting parkland credit to the developer. The approved site plan showing the public portion of the park site and associated public easements that will be accessible to the general public and provisions requiring maintenance of these areas in perpetuity 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 the required number of garage spaces based on Table 3-4 of MCAS Tustin Specific Plan. 2. A minimum of 597 on-street and 21 off-street for a total of 618 unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit" and have a minimum length of twenty- two (22) feet per stall for on street parking. Exhibit A Resolution No. 05-37 TTM 16582 Page 18 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 "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. L. All common areas, public and private park areas, streets, alleys, paseos, etc., including but not limited to Lot 237 and Lots A through BQ, including shall be maintained 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 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. P. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. Exhibit A Resolution No. 0537 TTM 16582 Page 19 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. R. LOT BO will be developed in the future as an extension of the Peters Canyon trail that will be part of the County's public accessible trail along the Peters Canyon Flood Control Channel. HOMEBUYER NOTIFICATION (1) 10.1 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 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, Harvard Avenue, Moffett Avenue, Warner Avenue, trail noise associated with the regional trail adjacent to the Peters Canyon Channel, and train noise associated with rail corridor north of the project. The notice shall indicate the current number of trains per day (59) and the estimated increase in the trains per day. 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 Irvine 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 and fire hydrants) 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. Exhibit A Resolution No. OS-37 TTM 16582 Page 20 E. A notice indicating that public use of portions of parks or open space within the tract, to be maintained by the Homeowners Association, will be allowed and noting public ingress and egress through the subdivision will be provided for access to the park/open space. An exhibit delineating these areas shall accompany this notice. F. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered Lots and indicating all on-site streets, alleys, paseos, and common areas are to be maintained by the Homeowners Association. G. A notice regarding future construction activities related to bikeway construction and future widening of the Peters Canyon Orange County Flood Control Channel (OCFCD) and future planned improvements along the western boundaries of the subdivision, which may be disruptive to the homeowners in close proximity to these areas. H. A notice of future widening of Peters Canyon Channel and potential risk of flooding concerning this project or from any potential flooding impacts from the adjacent Peters Canyon Flood Control Channel. I. 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 common area and any 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. J. A notice stating that all development within the site is approved for ownership tenure only per Chapter 3.9.3J5 of the MCAS Tustin Specific Plan with the exception of the twelve (12) transitional units transferred to Human Options and Orange County Interfaith Shelter which will be used for transitional housing purposes. K. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Curbside Trash Pick-up Exhibit" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. L. 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 Exhibit A Resolution No. 05-37 TTM 16582 Page 21 unit will be preserved as development of surrounding properties OCCUfS. M. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, etc. may not be allowed. N . A notice explaining and providing a copy of a "Open Space Exhibit" and separate 8'/z inch by 11 inch dimensioned site plan for each unit that is allocated private open space within the common area. O. A notice explaining and providing a copy of the approved "Parking and Circulation Exhibit" and related CC&R provisions. P. A notice explaining that thirty (30) affordable housing units (Moderate Income) and twelve (12) transitional units will be dispersed in the project and will be restricted subject to recorded covenant agreement for a period of forty-five (45) years. Q. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. R. The developer shall notify all potential homebuyers that future assessment district or community facilities districts may affect the property. S. The applicant shall notify all potential homebuyers of the two (2) 220KV and one 66 KV overhead electric transmission lines are located along Harvard Avenue on the east side and south side of Tract 16582. The lines are owned and, operated and maintained by the Southern California Edison (SCE). IN the future, SCE may increase the number of transmission lines within its right-of-way and may increase the electric current through the lines that currently exist. ENVIRONMENTAL MITIGATION (1) 11.1 All mitigation measures related to the tentative tract map required by the adopted Mitigation Monitoring Program for the MCAS Tustin Reuse Plan/Specific Plan FEIS/EIR that are required by the Mitigation Monitoring Program for the project, identified in this exhibit and in other project entitlements, shall be implemented. PARKS AND RECREATION (1) 12.1 The applicant shall at its sole cost and expense comply with the Quimby Act, California Government Code Section 66477, and shall as a condition precedent to issuance of building permits for the vertical improvements or Exhibit A Resolution No. 05-37 TTM 16582 Page 22 any portion thereof, pay for and provide a performance bond complying with City Code Section 9931(d), in favor of the City, with the Surety and informed and substance acceptable to the City in its sole discretion covering the developer's Quimby fee obligations in the amount of cash payment for the net required parkland requirements in the tract equal to a net acreage of 2.20 acres minus the approved improvement cost for the development of 2.35 acres of on-site parkland approved for full or partial parkland credit in an amount based on actual improvement plans and costs approved in writing by the Director of Parks and Recreation but not to exceed $675,000 per acre on sites where full credit is approved and $337,500 where only 50 percent credit is being approved, multiplied by an appraised value of land for the tract as approved by the City pursuant to City Code Section 2.7 and 3.11.18 of the MCAS Tustin Specific Plan and a performance bond equal to 5.33 acres times an appraised value of land in the tract as approved by the City pursuant to City Code Section 9931(d), which performance bond shall be decreased upon compliance by the applicant with the provisions of clauses (A) and (B) below. A) As part of the initial phase of the project and concurrently with construction of the required horizontal improvements and as part of the common area improvements, the applicant shall construct within the common area certain contiguous, landscaped, open space facilities of not less than one acre in area in the location as depicted on the preliminary plan and the approved project plans and including improvements as required by the Tustin Code to quality for Quimby Fee waiver (park facilities) that shall be open and accessible to the public. Upon completion of the park facilities and as a condition precedent to issuance of any partial or final certificate of compliance the developer shall execute and record a perpetual easement or other dedication agreement in favor of the City and its successors and assigns, inform and subject acceptable to the City in its sole discretion upon final map and the acceptance of conditions, covenants, and restrictions (CC&Rs) for the benefit of the public providing in perpetuity and at no cost to the City: (i) the right of the public to access and use the Park Facilities; (ii) public access to and from said Park Facilities along and across public and private streets within the site; and (iii) maintenance of the Park Facilities by the Developer and its successor and assigns, in each case subject only to reasonable and non-discriminatory rules and regulations. Upon (x) completion of such Regulations applicable thereto, and (y) recordation of an easement or dedication agreement approved by the City, the City shall provide a credit to the developer against its obligation to pay Quimby Act Fees in the amount of 2.35 acres times an appraised value of the land for the tract. B) Waiver for Affordable Housing. The developer shall receive a credit against Quimby Act fees otherwise due and payable by it as Exhibit A Resolution No. 05-37 TTM 16582 Page 23 permitted by the City Code Section 9931 in connection with construction of not to exceed 42 Affordable Housing Units in this tract in an amount not to exceed 0.41 acres times an appraised value of land; provided, however, that the benefit of such waiver shall apply with respect to each Affordable Housing Unit only upon Completion of all Affordable Housing Units in the Phase in which such Unit is located. (1) 12.2 Prior to issuance of a grading permit, the applicant shall submit preliminary design and bond for the ultimate design and construction of pedestrian connections from Tract Map 16582 to the future proposed Peters Canyon Channel bike and hiking trails, and the Peters Canyon Channel bike and hiking trails which will be finalized with determination of the final finished grade as part of the Peters Canyon Channel improvements. The internal access points should be clearly identified on the plans and applicable easement shall be shown on the Final Tract Map. FEES (1) 13.1 The applicant shall submit to the City of Tustin any additional CC&R Review fee required at the time of submittal. The CC&R Review fee includes one initial check and recheck of the document. If subsequent review is required, an hourly fee of $150 per hour (or rate in effect at the time of submittal) for City Attorney and $50 per hour (or rate in effect at the time of submittal) for Planning Staff is required. (1) 13.2 Prior to issuance of the first building permit, the subdivider shall submit in- lieu parkland dedication fees in an amount and form as required by the Director of the Parks and Recreation Department. (1) 13.3 The applicant shall submit all fees required by the City and other agencies as identified in Planning Commission Resolution No. 3947.