HomeMy WebLinkAbout02 TT 16581, ZC 04-03 02-22-05
AGENDA REPORT
Agenda Item -
Reviewed:
City Manager
Finance Director
MEETING DATE: FEBRUARY 22, 2005
TO: WILLIAM HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TENTATIVE TRACT MAP 16581 AND
SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-003
SUMMARY
The applicant is requesting approval of Tentative Tract Map 16581 for the subdivision of
105.5 acres for the purpose of developing 1,077 residential 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 04-003. On
February 14, 2005, the Planning Commission approved Concept Plan 03-003, Design
Review 04-006, and recommended approval of Specific Plan Amendment/Zone Change
04-003 to allow development of carriage way residential units in Planning Areas 4 and 5
and amend the ten-acre minimum development site requirement to allow development
of a condominium project on an approximately 9-acre site in Planning AreaS 4 and 5
and Tentative Tract Map 16581 (Reuse Disposal Parcel 23 and Parcel 24).
Applicant/
Owner: Moffett Meadows Partners, LLC
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 05-38 finding that the project is within the scope of the
adopted Final EIS/EIR for the MCAS Tustin Reuse and Specific Plan.
2. Introduce and have first reading by title only to adopt Ordinance No. 1297
approving Specific Plan Amendment/Zone Change 04-003 to allow development of
carriage way units in Planning Areas 4 and 5 and amend the 10-acre minimum
development site requirement to allow a condominium development on an
approximately 9-acre site within Planning Area 4.
City Council Report
Tentative Tract Map 16581
Page 2 of 8
3. Adopt Resolution No. 05-40 approving Tentative Tract Map 16581 to subdivide
105.5 gross acres into 386 numbered lots and 186 lettered lots for the purpose of
developing 1,077 residential units in Planning Areas 4 and 5 of the MCAS-Tustin
Specific Plan.
FISCAL IMPACT:
The Tentative Tract Map and Specific Plan Amendment/Zone Change are applicant-
initiated projects. The applicants have paid applicable fees for the processing of these
requests.
BACKGROUND/DISCUSSION:
The site is bounded by Edinger Avenue on the north and a future fire station site at the
southwest corner of Edinger Avenue and West Connector Road, West Connector Road
on the east, Valencia/North Loop Road on the south, and an existing industrial office
complex and Severyns Road on the west.
The project site is comprised of 105.5 gross acres (72.7 net acres for housing
development, 22.3 acres of private streets, and 10.5 acres of private carriage ways).
The 81.3 net acres for housing development, including 39.1 acres in Planning Area 4
and 42.2 acres in Planning Area 5, are owned by the Moffett Meadows Partners, LLC,
who purchased the property directly from the Department of Navy through a land
auction. While the Moffett Meadows Partners, LLC has taken ownership of the majority
of the project site, there are areas along the westerly boundary of the project site that
have been classified as hazardous waste sites (IRP -13W, IRP-13S and UST-268) that
have not been conveyed to Moffett Meadows Partners, LLC by the Department of Navy
pending the completion of environmental remediation work. The hazardous waste sites
have been authorized by the Navy for construction, but occupancy may not take place until
environmental clearances are completed.
Planning Areas 4 and 5 are located within Neighborhood B of Tustin Legacy which is to
consist of low-density and medium-density residential enclaves adjacent to a community
park to the southwest and an urban regional park to the south (Attachment B -
Neighborhood Map).
Tentative Tract Map 16581
The project site would be subdivided into 386 numbered lots and 186 lettered lots for
the purpose of developing 283 single family parcels (traditional single family detached
and carriage way units) and 794 condominium units. The proposed tract map would
include the following lots:
. A total of 84 lots will accommodate single-family dwellings;
. A total of 199 lots will accommodate carriage way units;
. A total of 112 lots will accommodate condominium units.
City Council Report
Tentative Tract Map 16581
Page 3 of 8
. Four (4) lots will accommodate park sites; and,
. Lettered lots will accommodate private streets, private drives, and
landscape/open space lots.
The following provides the unit breakdown by Plannning Area and product type:
Plannina Area 4 - total 337 units
. Eighty-four (84) Single Family Detached units on an average lot size of 55 feet by
90 feet. (Sub Planning Areas 4-1 through 4-6)
. 102 Carriage Way units on an average lot size of 50 feet by 90 feet (Sub
Planning Areas 4-7 through 4-11)
. Seventy-nine (79) Carriage Way units on an average lot size of 36 feet by 75 feet
(Sub Planning Areas 4-12 and 4-13)
. Seventy-two (72) condominium units (senior housing - for ownership tenure)
. Average density of 8.62 dwelling units per acre
Plannina Area 5 - total 740
. 114 Triplex units (Sub Planning Area 5-1 and 5-2)
. Eighteen (18) Carriage Way units on an average lot size of 36 feet by 75 feet
(Sub Planning Area 5-3)
. Sixty (60) Tuck-under townhomes (Sub Planning Area 5-4)
. 222 Three-story townhomes (Sub Planning Area 5-5 and 5-6)
. 156 Motor-court townhomes (Sub Planning Area 5-8)
. 170 condominium units (senior housing - for ownership tenure)
. Average density of 18.8 dwelling units per acre
Infrastructure and Improvements
Development of the site would require on-site and off-site infrastructure improvements,
including:
0 Design and construction of full width improvements on Severyns Road;
0 Curb and gutter on project entries at Valencia Loop Road/Lot P and West
Connector Road/Lot T;
0 Sidewalk and curb ramps along both sides of Severyns Road, the south side of
Edinger Avenue, north side of Valencia North Loop Road, and west side of
West Connector Road;
0 Storm drain, domestic water, reclaimed water, sanitary sewer, and dry utility
service systems necessary to serve the site, landscape and irrigation on
Severyns Road, on the south side of Edinger Avenue and on the Edinger
Avenue median, on the north side of Valencia North Loop Road and on the west
side of West Connector Road; and
City Council Report
Tentative Tract Map 16581
Page 4 of 8
0 Traffic signals at Valencia North Loop Road/Lot P and West Connector
Road/Lot T.
Access/Traffic:
Two major access points are provided to the site from West Connector Road and
Valencia North Loop Road. The street layout follows a traditional grid pattern with short
blocks that follow the curvature of the perimeter streets. The site includes a 3.66-acre
village green at the center and two approximately one-acre parks at the center of the
condominium projects in Planning Area 5 that can be accessed by pedestrians from
Valencia North Loop Road. A senior housing project (for ownership tenure) is proposed
at the northeast corner of the site adjacent to the future fire station site at the southwest
corner of Edinger Avenue and West Connector Road.
The site design accommodates pedestrian access in that there are interior sidewalks on
both sides of all the private streets and through the common areas.
A traffic analysis was submitted by the applicant. The study concluded that 7,151 trips
per day with 510 vehicles per hour during the AM peak hour and 644 vehicles per hour
during the PM peak hour will be generated, which is 726 trips less than the trip
generation previously assumed in the MCAS Tustin Specific Plan. The analysis noted
that traffic signal warrants are met for the intersections of Edinger Avenue and West
Connector Road, North Loop Road and Severyns Road, North Loop Road and P Street,
North Loop Road and West Connector Road, and West Connector Road and Lot T
(Attachment D - Traffic Analysis).
Development of the site also includes design and construction of a new traffic signal at
West Connector RoadlValencia North Loop Road as part of the Tustin Legacy Backbone
Infrastructure. Resolution No. 05-40 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.
Specific Plan Amendment/Zone Chanae 04-003
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
City Council Report
Tentative Tract Map 16581
Page 5 of 8
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 number of guest parking spaces have been
provided.
Development Site Area
The MCAS Tustin Specific Plan also requires a minimum 10-acre site for development
of condominium projects (Section 3.9.4.G). The only product subject to this requirement
is the proposed senior housing project that traverses the boundary between Planning
Areas 4 and 5. The site includes approximately 3.5 acres in Planning Area 4 and
approximately 5.5 acres in Planning Area 5 for a total of 9 acres. The amendment only
pertains to Planning Area 4.
While the senior housing development site area is less that the minimum site area
requirement of 10 acres, the product is proposed as part of Tentative Tract Map 16581
that encompasses 105.5 acres and will be developed as part of the larger community.
As such, staff believes that the intent of the Specific Plan requirement will be met and
recommends approval of the Specific Plan amendment to reduce the minimum site area
requirement to 8 acres and thereby allow development of the senior housing (for
ownership tenure) on the 9-acre site.
PLANNING COMMISSION ACTIONS
On February 14, 2005, the Planning Commission recommended approval of the Tentative
Tract Map 16581, recommended that the City Council find that the scope of the project is
within the certified Final Environmental Impact Statement/Environmental Impact Report
the MCAS Tustin Reuse Plan and Specific Plan (FEIS/EIR), and approved Concept Plan
03-003 for development of the proposed 1,077 residential units and Design Review 03-006
for site and architectural design of the project.
Members of the public and the applicant testified at the hearing. The applicant submitted a
request for the modification of several conditions of approval (Attachment E - Submitted
Request). The following summarizes the issues raised and staff's responses:
City Council Report
Tentative Tract Map 16581
Page 6 of 8
. Affordable Housing Phasing:
A condition of approval is included which requires the applicant to develop and sell
affordable units in approximately the same proportion to the market rate units. The
applicant requested a modification that would allow diligent good faith effort for
construction of the affordable units and submittal of an annual report instead of
referring to construction phasing as submitted. The condition as recommended
ensures construction of affordable units at the same rate as market rate units and
the suggested language does not include a specific threshold 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 2.3 of Resolution No. 05-37
remain as written.
. Senior Housing Phasing:
The applicant requested modification to the project phasing of the senior housing
project to allow 12 months for submittal of the development plans and 24 months
for start of construction of senior housing units. The proposed timeline does not
correlate with construction of other units in this site and does not provide the
needed assurance for construction of affordable units at the same rate as market
rate units. Final plans have not been submitted for this project and the conceptual
plans do not meet the MCAS Tustin Specific Plan requirements. Since 63 percent
of the required affordable units are located on this site and the applicant is realizing
the benefit of a density bonus on the entire site, staff is recommending that
Condition 2.2. 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.
. Construction Phasing:
The applicant requested more flexibility for completion of infrastructure
improvements. As proposed, the location of Phases I and 2 of the production units
require completion of street improvements for almost the entire site before
occupancy of these units. To accommodate the request, a modified phasing plan
that would allow the applicant additional time for completion of street improvements
could be submitted for review and approval of the Community Development
Department. Condition 2.5 of Resolution 05-40 should remain as written.
City Council Report
Tentative Tract Map 16581
Page 7 of 8
. 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 parkland 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
made 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;
therefore, staff recommends that the condition remain as written.
The applicant requested the ability 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.
. Constructions of School Site
Two Tustin residents expressed concerns as parents of school age children within
Tustin Unified School District (TUSD) and requested that the applicant be required
to pay for construction of school sites to serve the project. The applicant will be
required to pay school fees prior to issuance of building permits for each of the
units. In addition, the applicant, the TUSD, and the City have agreed to modify
Condition 1.9 to read as follows:
"Prior to recordation of a final subdivision map creating building sites ("B Map"), a
mutually acceptable "Mitigation Agreement" shall be entered into with the Tustin
Unified School District."
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 density of the proposed project is consistent with development
intensity considered in the FEIS/EIR. Staff has prepared a checklist that finds all
potential impacts of the project were addressed by the certified FEIS/EIR and no
additional impacts have been identified (Exhibit 1 of Resolution No. 05-38). In addition,
a mitigation monitoring program matrix was prepared by the Community Development
Department that identifies the specific mitigation measures or implementation measures
City Council Report
Tentative Tract Map 16581
Page 8 of 8
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 City Council
Resolution No. 05-40 and Planning Commission Resolution No. 3953.
A decision to approve Specific Plan Amendment/Zone Change 04-003 and Tentative
Tract Map 16581 may be supported by the findings contained in City Council Resolution
No. 05-40 and Ordinance 1297.
Minoo Ashabi
Associate Planner
Elizabeth A. Binsack
Community Development Director
Attachments:
A - Location Map/Neighborhood Map
B- Planning Commission Action Agenda, Staff Report dated
February 14, 2005, and Design Review and Concept Plan
Resolutions Nos. 3951 and 3953
C- Tentative Tract Map 16581
D- Traffic Analysis
E- Applicant's Request Submitted February 14, 2005
F- Public Works Department Memorandum (February 16, 2005)
G- Resolution Nos. 05-38, 05-40, and Ordinance No. 1297
S:\CddlCCREPORT\Columbus Square. Tract 16581.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
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ATTACHMENT B
PLANNING COMMISSION ACTION AGENDA, STAFF REPORT,
DESIGN REVIEW AND CONCEPT PLAN
RESOLUTION NOS. 3951, AND 3953
ITEM #5
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Report to the
Planning Commission
DATE:
SUBJECT:
APPLICANT/:
OWNER:
LOCATION:
FEBRUARY 14, 2005
CONCEPT PLAN 03-003, SPECIFIC PLAN AMENDMENT/ZONE
CHANGE 04-003, TENTATIVE TRACT MAP 16581, DESIGN
REVIEW 04-006, FOR COLUMBUS SQUARE (MCAS TUSTIN
DISPOSITION pARCELS 23 AND 24)
MARBLE MOUNTAIN PARTNERS LLC
UNITED STATES OF AMERICA
PROJECT SITE BOUNDED BY EDINGER AVENUE ON THE
NORTH, WEST CONNECTOR ROAD ON THE EAST, VALENCIA
NORTH LOOP ROAD ON THE SOUTH AND AN EXISTING
INDUSTRIAL OFFICE COMPLEX AND SEVERYNS ROAD ON
THE WEST.
GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN
ZONING:
MCAS TUSTIN SPECIFIC PLAN (PARCEL 23 - PLANNING
AREA 4 - LOW DENSITY RESIDENTIAL WITH 1-7 DUIACRE)
MCAS TUSTIN SPECIFIC PLAN (PARCEL 24 - PLANNING
AREA 5 - MEDIUM DENSITY RESIDENTIAL WITH 8-15
DUIACRE)
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 04-003 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
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 2
4)
RECOMMENDATION
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;
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
That the Planning Commission:
1.
Adopt Resolution No. 3949, recommending that the City Council find that the Final
Environmental Impact Statement/Final 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 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,
Pianning Commission Report
Columbus Square Project
February 14, 2005
Page 3
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),
BACKGROUND AND DISCUSSION
The site is bounded by Edinger Avenue on the north and a future fire station site at the
southwest corner of Edinger Avenue and West Connector Road, West Connector Road
on the east, Valencia/North Loop Road on the south, and an existing industrial office
complex and Severyns Road on the west.
The project site is located within Planning Area 4 (Parcel 23) and Planning Area 5
(Parcel 24) of the MCAS Tustin Specific Plan. Planning Area 4 contained 274 units of
military housing, which were no longer habitable and were demolished last year.
Planning Area 5 contained several military structures that have been demolished with
the last phase of demolition on the site.
The project site is comprised of 105,5 gross acres (72.7 net acres for housing
development, 22,3 acres of private streets, and 10.5 acres of private carriage ways).
The 81.3 net acres for housing development, including 39,1 acres in Planning Area 4
and 42.2 acres in Planning Area 5 is owned by the Marble Mountain LLC, who
purchased the property directly from Department of Navy through a land auction. While
the Marble Mountain, LLC, has taken ownership of the majority of the project site, there
are areas that have been classified as hazardous waste sites (IRP-16, IRP -13W, IRP-
138 and U8T-268) that have not been conveyed to Marble Mountain by Department of
Navy pending completion of environmental remediation work, Recently, the applicant
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 4
has indicated that the Department of Navy has conveyed IRP-16 which underlies at the
main entry to the site and is part of the initial development phase (phase I - model home)
to Marble Mountain, LLC and required no further environmental remediation on this site.
The remaining hazardous sites along the western boundary of the project site have been
authorized by the Navy for construction but occupancy may not take place until
environmental clearances are completed,
Planning Areas 4 and 5 are located within Neighborhood B which is intended as low-
density and medium density residential enclaves within Tustin Legacy adjacent to a
community park on the southwest and the urban regional park on the south
(Attachment B - Neighborhood Map).
Specific Plan Amendment/Zone Chanae
The applicant has proposed a new single family detached product that is not listed as
permitted or conditionally permitted uses in the MCAS Tustin Specific Plan district
regulations, The new single family detached product would be designed with alley
loaded garage instead of street facing garages, The new product is referred to as
"Carriage Way Units." The "Carriage Way Unit" is defined 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 minimum twenty-four (24) feet wide rear two-way alley.
The proposed alley loaded garages will encourage a neo-traditional streetscape with
the same density as Single Family Detached units. Although the Carriage Way unit
would have alley loaded garages, other units would take access from a private street
with on site parking.
The applicant also proposes new development standards for the new Carriage Way
product. While the new product complies with almost all of the requirements for single
family detached product contained in the Specific Plan, the applicant wishes to modify
standards related to minimum development site area, rear yard setback, and guest
parking requirements as follows:
.
Minimum Site Area
The MCAS Tustin Specific Plan also requires a minimum 10 acre site for
development of condominium projects (Section 3.9.4.G), The only product
subject to this requirement is the proposed senior housing project that traverses
the boundary between Planning Area 4 and 5, The site includes approximately
3,5 acres in Planning Area 4 and approximately 5,5 acres in Planning Area 5 for
a total of 9 acres, The amendment only pertains to Planning Area 4,
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 5
While the senior housing development site area is less that the minimum site
area requirement of 10-acre, the product is proposed as part of Tentative Tract
Map 16581 that encompasses 105.5 acres and will be developed as part of the
larger community. As such, 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 senior housing (for ownership tenure)
on the 9-acre site.
.
Rear yard setback:
Existing standard:
A minimum of ten (10) feet to rear property line.
Proposed standard: A minimum of three (3) feet to the alley for garage area
and a minimum of seven (7) feet for living areas.
.
Guest parking:
Existing standard:
Fifty (50) percent of guest parking may be fulfilled with on-
street parking.
Proposed standard: 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.
Concept Plan
Concept plan approval is required for each Planning Area of MCAS Tustin Specific
Plan, 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 Planning Area 4 and Planning Area 5 as shown in
Concept Plan 03-003 (Attachment C - Concept Plan) and described in more detail in
the following discussion. 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 such
as entry and edge treatments, streets cape and landscape concepts, site and
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 6
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 purposes as set forth in the MCAS Tustin
Specific Plan.
Tentative Tract Map 16581
The project site would be subdivided into 386 numbered lots and 186 lettered lots for
the purpose of developing 283 single family parcels (traditional single family detached
and carriage way units) and 794 condominium units. The proposed tract map would
include the following lots:
Lots 1-7, 87-102, 137-180,250-263,366-368 will accommodate single-family
dwellings;
Lots 8-86,103-136,181-248 will accommodate carriage way units;
Lots 266, 270-296, 298-334, 336-365, 370-388 will accommodate
condominium units.
Lots 264, 265, 297, 335 and 369 will accommodate park sites;
Lots A-m, P-u, X-Y, CA-CF, DA-DJ, FA-FD, AA-AR, BA-BC, EA-EG, GA-GH,
HA-HO, IA-IL will accommodate private streets and private drives;
Lots AAA-AAJ, BBA-BAF, BBA-BBZ, CCA-CCO, DAA, DDA-DDZ will
accommodate landscape lots.
Development of the site would require on-site and off-site infrastructure improvements,
including:
. Design and construction of full width improvements on Severyns Road;
. Curb and gutter on project entries at Valencia Loop Road/Lot P and West
Connector Road/Lot T;
. Sidewalk and curb ramps along both sides of Severyns Road, the south side
of Edinger Avenue, north side of Valencia North Loop Road, and west side of
West Connector Road;
. Storm drain, domestic water, reclaimed water, sanitary sewer, and dry utility
service systems necessary to serve the site, landscape and irrigation on
Severyns Road, on the south side of Edinger Avenue and on the Edinger
Avenue median, on the north side of Valencia North Loop Road and on the
west side of West Connector Road; and
. Traffic signals at Valencia North Loop Road/Lot P and West Connector
Road/Lot T,
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 7
Development of the site also includes design and construction of a new traffic signal at
West Connector RoadNalencia North Loop Road as part of the Tustin Legacy
Backbone Infrastructure. Resolution No. 3952 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,
Desiqn Review 04-006
The development of low density (1-7 du/acre) residential units is permitted in Planning
Area 4 and development of medium density (8-15 du/acre) is permitted in Planning
Area 5. The product designs include the following:
Planning Area 4 (average density of 8,62 dwelling units per acre) - total 337 units (if a
maximum of 72 senior housing units are constructed)
. Eighty-four (84) Single Family Detached units on an average lot size of 55 feet
by 90 feet. (Sub Planning Areas 4-1 through 4-6)
. 102 Carriage Way units on an average lot size of 50 feet by 90 feet (Sub
Planning Areas 4-7 through 4-11)
. Seventy-nine (79) Carriage Way units on an average lot size of 36 feet by 75
feet (Sub Planning Areas 4-12 and 4-13)
. Seventy-two (72) condominium units (senior housing - for ownership tenure)
Planning Area 5 (average density of 18.8 dwelling units per acre) - total 740 units (if a
maximum of 170 senior housing units are constructed)
. 114 Triplex units (Sub Planning Area 5-1 and 5-2)
. Eighteen (18) Carriage Way units on average lot size of 36 feet by 75 feet (Sub
Planning Area 5-3)
. Sixty (60) Tuck-under town homes (Sub Planning Area 5-4)
. 222 Three-story town homes (Sub Planning Area 5-5 and 5-6)
. 156 Motor-court town homes (Sub Planning Area 5-8)
. 170 condominium units (senior housing - for ownership tenure)
Architecture
The proposed single family products are mainly two stories proposed in a variety of
architectural styles such as Spanish Colonial, Colonial, Revival, Tudor, French
Influence, and Georgian, The carriage way units are proposed as Spanish Colonial,
Pianning Commission Report
Columbus Square Project
February 14, 2005
Page 8
French Influence, Monterey, and Georgian. The triplex units are designed to appear as
large mansion homes and include architectural features of Colonial and Georgina
architecture. The three-story town homes and the motor court townhomes that are
mainly located along Valencia/North Loop Road are proposed in the Colonial Revival,
Georgina and Monterey architectural styles (Attachment D - Development Plans).
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 portion of the site, All products include architectural features
that are complementary in style, materials, and colors, The proposed residential
products are as follows:
55'X90' SFD (Spanish Colonial, Colonial. French Influence. Tudor)
Plan 1 2,424 sq.ft. - One-story
Plan 2 2,934 sq,ft.- Two-story
Plan 3 3,200 sq.ft.- Two-story
Plan 4 3,079 sq.ft.- Two-story
50'X90' Carriaae Wav Units (French
Colonial)
Plan 1
Plan 2
Plan 3
Influence, Tudor, Colonial Revival. Spanish
2,633 sq.ft, - Two-story
3,067 sq.ft,- Two-story
3,435 sq.ft.- Two-story
36'X75' Carriaae Wav Homes (Colonial. Georaian, Monterey. Tudor)
Plan1 1,893 sq.ft.- Two-story
Plan 2 2,207 sq.ft.- Two-story
Plan 3 2,395 sq.ft.- Two-story
Triplex (Colonial. Georaian)
Plan 1 1,367 - Two-story
Plan 2 1,646 - Two-story
Plan 3 1,876 - Two-story
Tuck-under Townhomes
Plan 1 2,082 sq.ft,- Three-story
Plan 2 2,556 sq. ft. - Three-story
Plan 3 2,472 sq.ft.- Three-story
Plan 4 2,685 sq,ft. - Three-story
Garden Court Townhomes (Georaian, Monterev)
Plan 1 1,109 sq.ft, - Three-story
Plan 2 1,237 sq.ft.- Three-story
Plan 3 1,250 sq, ft, - Three-story
Plan 4 1,289 sq,ft, - Three-story
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 9
Plan 5
Plan 6
1,259 sq,ft. - Three-story
1,599 sq.ft. - Three-story
Three-storv Townhomes (Georqian. Colonial Revival)
Plan 1 1,473 sq,ft,- Three-story
Plan 2 1,632 sq,ft,- Three-story
Plan 3 1,787 sq,ft.- Three-story
Senior Housina
Unit A-1 848 s,t. - Three-story
Unit A-2 915 s.t. - Three-story
Unit B-1 1032 s.t. - Three-story
Unit B-2 1136 s.t. - Three-story
Unit B-3 1186 s.f. - Three-story
All of the plans include a variety of roof and elevation designs to provide variety
(Attachment D - Submitted Plans). In addition, the applicant has submitted enhanced
elevations for the carriage way units located along Edinger Avenue. Condition No. 7.1
and 7.2 of Resolution No. 3953 would require the design to be reflective of the
architectural styles in the tract
Landscapinq
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 2.17.2 of the MCAS Tustin
Specific Plan (Attachment D - Landscape Concepts). The proposed streetscape along
Edinger Avenue includes a variety of broad dome trees such as Chinese Flame trees and
California Pepper trees and Afghan and Canary Island pines for upright trees along the
right-of-way. The West Connector streetscape includes Afghan and Canary Island pines
and Brisbane box trees and the Valencia North Loop Road includes Jacaranda trees.
A primary village entry is proposed at the North Loop Road and the main entrance to the
project and two (2) secondary village entries are proposed at the West Connector Road
and project entry and northwest corner of West Connector Road and North Loop Road.
The applicant is also including the portal design and landscaping of the southwest corner
of Edinger Avenue and West Connector in the landscape plans for the project site. The
applicant has agreed to install minimum 24-inch box trees along the perimeter of the site
with accent larger trees to create a variety of maturity and sizes
The interior of the site is designed with the park site as a focal point. The interior
streetscape includes a five (5) foot sidewalk and landscaping including a wide variety
trees such as Carrot wood, Crape Myrtle, Goldenrain, Southern Magnolia, London Plane,
African Sumac, Brisbane Box, and American Sweetgum. Pedestrian access to site is
provided from West Connector Road, Valencia North Loop and Edinger Avenue adjacent
to the senior housing project.
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 10
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.
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 measures, a noise analysis was prepared and
submitted that indicates a 7.5 foot sound wall should be installed along Edinger Avenue
for traffic noise attenuation (Attachment E - Submitted Noise Analysis). 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 within Resolution No. 3953 are
included to ensure that these requirements are reflected in the design of the project.
Traffic Analvsis and ParkinQ
Two major access points are provided to the site from West connector Road and
Valencia North Loop Road. The street layout follows a traditional grid pattern with short
blocks that follows the curvature of the perimeter streets, The site includes a 3.66 acres
village green at the center and two approximately one-acre parks at the center of the
condominium projects in Planning Area 5 that can be accessed by pedestrians from
Valencia North Loop Road, A senior housing project (for ownership tenure) is proposed
at the northeast corner of the site adjacent to the future fire station site at the southwest
corner of Edinger Avenue and West Connector Road.
The site design accommodates pedestrian access in that there are interior sidewalks on
both sides of all the private streets and through the common areas.
.
Traffic Analysis
A traffic analysis was submitted by the applicant. The study concluded that 7,151
trips per day with 510 vehicles per hour during the AM peak hour and 644
vehicles per hour during the PM peak hour will be generated, which is 726 trips
less than the trip generation previously assumed in MCAS Tustin Specific Plan.
The analysis noted that traffic signal warrants are met for the intersections of
Edinger Avenue and West Connector Road, North Loop Road and Severyns
Road, North Loop Road and P Street, North Loop Road and West Connector
Road, and West Connector Road and Lot T,
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 11
The analysis also recommended that improvements including chokers and traffic
calming devices be designed to assure adequate truck access. All turning radius
are included in the Circulation Plan (Attachment D - Development Plans) and
have been reviewed by the Building Official for adequate truck turns.
.
Parking
All of the units are provided with excess parking in addition to the required
number of garage spaces as specified in MCAS Tustin Specific Plan Table 3-4
with the exception of senior housing units. The following is a summary of the
guest parking requirements:
Planning Area 4
Product Number of Units Required Guest Parkino Provided
SFD 84 42 121
Carriaae Wav (SFD) 181 91 140
Total 265 133 261
Planning Area 5
Product Number of Units Required Guest Parking Provided
Triplex (5-1) 42 5 off.street 6 off-street
6 on-street 41 on-street
Triplex (5-2) 72 goff-street 18 off-street
9 on-street 19 on-street
Carriage Way 18 9 on-street 20 on-street
Units- (5-3)
Tuck Under 60 7 off-street 10 off-street
Townhomes (5-4) 8 on-street 39 on-street
Three-story 119 17 off-street 31 off-street
Townhomes (5-5) 13 on-street 13 on-street
Three-story 103 20 off-street 24 off-street
Townhomes (5-6) 19 on-street 28 on-street
Motor-court 156 20 off-street 24 off-street
Townhomes (5-7) 19 on-street 28 on-street
Total 570 78 off-street 113 off-street
83 on-street 188 on-street
Consistent with the MCAS Tustin Specific Plan, guest parking spaces would be
provided on both sides of the private streets that are a minimum thirty-six (36)
feet wide; a total of 562 guest parking spaces would be provided, In addition,
thirty-six (36) guest parking stalls would be provided on three separate parking
lots along the three park sites
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 12
Model Home Sales Complex and Phasina Plan
A model home site and phasing plan has been submitted that includes the model home
sites at the perimeter of the park site. The proposed phasing is as follows:
SFD Carriage Carriage Triplex Tuck Under Three-story GardenCourt Senior
Way Way Townhomes Townhomes Townhomes Housing
(SOX 90) 136X7S)
Models 5 5 4 9 7 10 15 0
Phase 1 14 15 14 18 a 10 30 72
Phase 2 11 19 12 15 21 13 32 108
Phase 3 16 22 12 12 32 15 32 62
Phase 4 15 10 11 12 a 14 32 0
Phase 5 12 14 8 6 a 15 15 0
Phase 6 11 17 36 15 a 16 a 0
Phase 7 a a a 12 a 10 a 0
Phase 8 a a a 15 a 15 a 0
Built-out- ..
Total 84 102 97 114 60 222 156 242
M- Moderate Income Units
T- Transitional Units
.. Phases 9 through 15 are located on IRP areas and include 104 units
The applicant has noted that the proposed phasing plan does not represent the
correlation of various products with respect to phasing and each project will be
scheduled and constructed with the appropriate timing for that specific product (i.e.,
multiple family units would need more time vs. SFD units). Since the affordable units
will be provided in the multiple family and senior housing project (approximately 63
percent) and to ensure that affordable units are built at the same ratio as the market
rate units, Conditions have been included in Resolution No. 3952 to require that
construction phasing of all products types and units occur concurrently with the
exception of the senior housing project that requires submittal of a separate design
review application. A condition also requires that prior to issuance of the 420th building
permit for the production units, building permits and first footing inspection for the senior
housing be completed as well as construction of the recreation building and park
facilities.
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,
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 13
The project community includes three park sites and a small pocket park. The main
park site is located at the center of the site and can be directly accessed from the main
entries on West Connector Road and Valencia North Loop Road. This park is 3.66
acres in area and includes a junior Olympic size swimming pool, a clubhouse. Two
approximately one-acre parks are provided within the condominium projects in Planning
area 5 and can be accessed from Valencia North Loop Road. A small pocket park of
0.32 acres is also provided within Planning Area 4.
Based on the Tustin City Code Section 9331(d), the 1,077 unit project requires 8.83
acres of park land. The developer has requested credit for the proposed park sites that
will be accessible to the public through public easements. As recommended by the
Director of Park and Recreation Department, 3,66 acres of the proposed/provided park
site would be eligible for park credit, which include 1.66 acres of the main park and the
two (2) one-acre parks accessible from Valencia North Loop Road.
Upon the project's approval, a waiver for park land requirements for the 241 affordable
units provided on site and the improvement cost for development of the main park could
be granted which reduces the required park land in-lieu fee to 1.85 acres as follows:
Total Park land Re uired
Parkland Credit Eli ible
Parkland credit for Improvement Cost Eligible
Based on im rovement values as a raised value er acre
Affordability Park Credit Eligible
241 units 0,0082=1,97
Total Parkland In-lieu Fee Re uirement
8.83 acres
3.66 acres
1.35 acres
1.97 acres
1.85 acres
Resolution No. 3952 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. 3953, which requires approval of
the Community Development Department and Park and Recreation department for the
park design and facilities.
Densitv Bonus and Affordable Housina Reauirements
.
Density Bonus
Based on the MCAS Tustin Specific Plan (Table 3-2), a maximum number of 274
residential units are permitted in Planning Area 4 and maximum of 621 units are
permitted in Planning Area 5. Since the applicant is providing more than 20
percent target units (affordable units), in accordance with Tustin City Code
Section 9121 a twenty-five (25) percent density bonus has been requested, The
request can be summarized as follows:
Planning Commission Report
Columbus Square Project
February 14, 2005
Page 14
Planning Area 4:
Planning Area 5:
Maximum Allowed 274 units
Densitv Bonus 63 units
Total 337 units
Maximum Allowed 621 units
Densitv Bonus 119 units
Total 740 units
.
Affordable Housing and Transfer request
In accordance with the requirements of Section 3.4.2 and 3.4.3 of MCAS Tustin
Specific Plan the project requires construction of 241 affordable units as follows:
Planning Area 4:
16 units for Very Low Income
48 units for Low Income
30 units for Moderate Income
Total: 94 units
Planning Area 5:
37 units for Very Low Income
60 units for Low Income
50 units for Moderate Income
Total: 147 units
Since Planning Area 4 and Planning Area 21 (Tract 16582) are intended for low
density development and to lower the affordability gap for the affordable units,
the applicant has proposed to only provide a portion of the required affordable
units on-site within those Planning Areas and has requested that eight (8) Very
Low Income and seventeen (17) Low Income units be transferred from Planning
Area 21 to Planning Area 5 and eight (8) Very Low Income and fourteen (14)
Low Income units be transferred from Planning Area 4 to Planning Area 5
summarized as follows:
Planning Area 4:
8 units for Very Low Income (moved 8 units to PA5)
48 units for Low Income
16 units for Moderate Income (moved 14 units to PA5)
Total: 72 units
Planning Area 5:
53 units for Very Low Income (37 units + 8 units from PA 4 + 8 units from PA 21)
77 units for Low Income (60 units + 17 from PA 21)
64 units for Moderate Income (50 units + 14 from PA 4)
Total: 194 units
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
Pianning Commission Report
Columbus Square Project
February 14, 2005
Page 15
household that meets the applicable income level. The project provides the
required number of affordable units as set forth in the MCAS Tustin Specific Plan.
While the Planning Commission does not take specific action on the density bonus
application, the transfer request, and the affordable housing agreement, the
Commission does recommend and/or take action on housing developments which
requires Planning Commission entitlements, The various entitlements and resolution
for consideration contain the necessary findings and conditions that will be forwarded to
the City Council for consideration to be consistent with the Tustin Area General Plan,
the MCAS Tustin Specific Plan, and the Incentives for the Development of Affordable
Housing.
Senior Housina
The project includes a senior housing project (for ownership tenure) at the northeast
corner of the site. The senior housing project (for ownership tenure) is proposed as three
separate buildings of three-story in height, one located in Planning Area 4 and two
located in Planning Area 5. The site in Planning Area 4 is 3.5 acres and contains 72 units
and the site in Planning Area 5 is 5.5 acres and contains 172 units. All 72 senior housing
units in Planning Area 4 are proposed as affordable and 81 of the 170 senior housing
units in Planning Area 5 are proposed as affordable for a total of 153 affordable units,
which include 63 percent of the provided affordable units on this site. All senior units are
proposed for ownership tenure.
The buildings are designed in a three story U shape with open parking in the center. The
proposed architecture is not in keeping with other multiple family products with
neotraditional design and articulation such as Colonial Revival and Craftsman details. The
main access to the site which includes guest drop off areas is also directly across from
single family residential units, which is not desirable.
The MCAS Tustin Specific Plan does not include specific parking requirements for
senior housing and therefore the project is subject to multiple family requirements,
which is as follows per Table 3-4 of MCAS Tustin Specific Plan:
Units Tvpe
One bedroom
Two bedroom
Required
1,5/unit, one garage/unit
2 garage spaces/unit
Number of Units
104 units
138 units
Guest Parkinq Ratio
Q,25/unit
Q,25/unit
The proposed senior housing including 242 units would require a minimum of 380
garage spaces, and 113 open parking spaces for a total of 493 parking spaces, The
applicant has proposed a parking ratio of 1.67 spaces per unit, including 42 private
garage spaces, 208 common covered spaces, 140 open unassigned spaces, and 14
disabled parking stalls for a total of 404 parking spaces, Since the provided number of
parking spaces is no: consistent with the multiple family requirements, the applicant
Pianning Commission Report
Columbus Square Project
February 14, 2005
Page 16
proposed a reduced parking standard, which would require submittal of a conditional use
permit in conjunction with a revised site plan and architectural plans, Conditions 11.1 and
11.2 of Resolution No. 3953 require that a development plans with redesigned access,
parking and compatible architecture be submitted for review and approval of the
Community Development Department. Since Sixty-three (63) percent of the required
affordable units are proposed in the senior housing project, Conditions 2.1 and 2.2 of
Resolution No. 3952 are included to ensure timely construction of these units with respect
to other units on the project site,
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. 3949). With inclusion of the senior housing
project, the proposed additional units as a result of the density bonus will have no
potential impact on the public services such as schools which will be provided with the
school fees collected for development of the project 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 FEISIEIR are
included as conditions of approval in Resolution Nos. 3952 and 3953.
A decision to approve the proposed project may be supported by the findings contained
in Resolution Nos, 3949, 3950, 3951, 3952, and 3953,
~~
Associate Planner
&~~ ~-#A Pt!k
Elizabeth A. Binsack
Community Development Director
Attachments:
A - Location Map
B - Neighborhood Map
C - Concept Plan
D - Development Plans and Tentative Tract Map 16581
E - Traffic Analysis
F - Noise Analysis
G - Land Use Fact Sheet/Statistical Summary
H - Resolution Nos. 3949, 3950, 3951, 3952, and 3953
RESOLUTION NO. 3951
A RESOLUTION OF THE PLANNING COMMISSION APPROVING
CONCEPT PLAN 03.()03 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)
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
C.
D.
The Planning Commission finds and determines as follows:
A.
That Marble Mountain Partners LLC submitted a proper application
for Concept Plan 03-003 to subdivide 105.5 acres for the purpose
of developing 1,077 residential units including 84 Single Family
Detached (SFD), 181 Carriage Way SFD, 72 Multiple Family
Attached (senior housing -- for ownership tenure) for a total of 337
units at an average density of 8.62 du/acre in Planning Area 4
(Parcel 23) and 18 carriage way units, 552 Multiple Family Attached
(MFR), 170 Multiple Family Attached (senior housing -- for
ownership tenure) for a total of 740 units at an Average density
17.53 du/acre for Planning Area 5 (Parcel 24) of the MCAS Tustin
Specific Plan;
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;
That Marble Mountain Partners LLC has submitted concurrent
development applications identified as Tentative Tract Map 16581,
Design Review 04-006, Specific Plan Amendment/Zone Change
04-003, and a request for incentives for the provision of affordable
housing and a request to transfer affordable housing units from
Planning Area 4 to Planning Area 5; and,
With development of this site, the applicant has requested a density
bonus, density averaging, and an affordable housing plan for
transfer of lower income and moderate income units from Planning
Area 4 to Planning Area 5, which will be binding with execution of a
Housing Agreement.
Resolution No. 3951
Page 2
E.
That Concept Plan 03-003 is in conformance with the Tustin Area
General Plan and MCAS Tustin Specific Plan and approval of
Concept Plan 03-003, subject to conditions contained in Resolution
Nos. 3952, 3953, and 3954, would achieve the development
concepts set forth by the MCAS Tustin Specific Plan, including:
1.
Ensuring the continuity and adequacy of all circulation
systems, such as: roadways, access points, trails,
pedestrian ways, and other infrastructure systems needed to
serve the project;
Ensuring the continuity and design quality of architecture,
landscape, and hardscape themes and treatments;
Providing urban design features as per Chapters 2 and 3 of
the MCAS Tustin Specific Plan;
Ensuring conformity with the Non-Residential Land Use Trip
Budget; and,
Ensuring compliance with all applicable provisions of the
MCAS Tustin Specific Plan.
2.
3.
4.
5.
The Planning Commission hereby approves Concept Plan 03-003 for the
development of 1,077 residential units, subject to the conditions of
approval attached hereto.
II.
PASSED AND ADOPTED at a regular meeting of
Commission held on the 14th day of February, .
Planning
a~~Æf5~.i-
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3951 was duly passed and adopted at a
regular meeting of the Tustin Planning Commission, held on the 14th day
February, 2005.
~~~~--I
ELIZABETH A. B NSACK
Planning Commission Secretary
(1 )
(1 )
(1 )
(1 )
1.1
1.2
1.3
1.4
EXHIBIT A - CONCEPT PLAN 03-003
RESOLUTION NO. 3951
CONDITIONS OF APPROVAL
Concept Plan 03-003 is approved for development of 1,077
residential units in Planning Area 4 and Planning Area 5 as follows:
Planning Area 4
(Parcel 23)
Planning Area 5
(Parcel 24)
84 Single Family Detached
(SFD)
181 Carriage Way SFD
72 Multiple Family Attached
(Senior Housing -- for ownership
tenure)
Total: 337 units
Average density of 8.62 du/acre
18 Carriage Way units
552 Multiple Family Attached
(MFR)
170 Multiple Family Attached
(Senior Housing -- for
ownership tenure)
Total: 740 units
Average density 17.53 du/acre
The approved concept plan is subject to execution of a Housing
Agreement between Marble Mountain Partners LLC and City of
Tustin in conformance with the requirements of the density bonus
application and as approved by the City Council. All entitlements of
Concept Plan 03-003 will become null and void in case of any
default of terms and conditions of the Housing Incentive
Agreement.
Resolution No. 3951 shall become null and void in the event that
Resolution Nos. 3950, 3952 approving Specific Plan Amendment/
Zone Change 04-003, Design Review 04-006, and the Affordable
Housing Plan and Density Bonus Application, which includes the
transfer of required affordable housing units from Planning Area 4
to Planning Area 5, are not approved by the City Council.
Approval of Concept Plan 03-003 shall be contingent upon all
conditions of approval contained within Resolution Nos. 3949,
3950, 3952, and 3953.
RESOLUTION NO. 3953
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN APPROVING DESIGN REVIEW 04-006 AUTHORIZING THE
DEVELOPMENT OF 1,071 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)
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
C.
D.
The Planning Commission finds and determines as follows:
A.
That a proper application for Design Review 04-006 was submitted
by Marble Mountain Partners LLC for development of 1,077
residential units including 84 Single Family Detached (SFD), 181
Carriage Way (SFD), 72 condominium units (senior housing -- for
ownership tenure) for a total of 337 units at an average density of
8.62 du/acre in Planning Area 4 (Parcel 23) and 18 Carriage Way
units (SFD), 552 Condominium units (Multiple Family Residential),
and 170 condominium units (senior housing - for ownership tenure)
for a total of 740 units at an average density 17.53 du/acre for
Planning Area 5 (Parcel 24) of the MCAS-Tustin Specific Plan on a
105.5-acre site within Planning Area 4 and Planning Area 5 of the
MCAS-Tustin Specific Plan (Parcel 23 and 24);
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;
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 Areas 4 and 5 of the MCAS Tustin
Specific Plan, which is designated for Low Density Residential and
Medium Density Residential on MCAS Tustin Reuse Plan Disposal
Parcel 23 and Parcel 24;
That, as conditioned, the proposed subdivision will be in
conformance with the Tustin Area General Plan, MCAS Tustin
Specific Plan, as amended by Zone Change 04-003, State
Subdivision Map Act and the City's Subdivision Code;
Resolution 39S3
DR 04-006
Page 2
F.
G.
E.
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:
Height, bulk, and area of buildings.
Setbacks and site planning.
Exterior materials and colors.
Type and pitch of roofs.
Size and spacing of windows, doors, and other openings.
Towers, chimneys, roof structures, flagpoles, radio and
television antennae.
Location, height, and standards of exterior illumination.
Landscaping, parking area design, and traffic circulation.
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.
1.
2.
3,
4.
5.
6.
7.
8.
9.
That the applicant has requested approval of Tentative Tract Map
16581 ("The Map") in conjunction with the applications for Design
Review 04-006, and findings and conditions of approval related to site
design, street design, open space and park site design, dedication of
necessary rights-of-way and provision of necessary infrastructure
improvements have been included in Resolution No. 3952
recommending approval of The Map.
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 1,077 units. 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 Planning Commission has
Resolution 3953
DR 04-006
Page 3
adopted Resolution No. 3949 finding that the FEIS/EIR adequately
addressed all potential impacts related to the project.
II.
The Planning Commission hereby approves Design Review 04-006 for
development of 1,077 residential units on a 105.5-acre site (Parcel 23 and
Parcel 24) within Planning Area 4 and Planning Area 5 of the MCAS-
Tustin Specific Plan, subject to the conditions contained in Exhibit A
attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Gommo,;oo ho~ 0" tho t4. day of FOO~
J NIE~
- - ~ Chairperson
Planning
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. 3953 duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 14th day of February,
2005.
,~
GENERAL
(1)
1.1
(1)
1.2
(1 )
1.3
(1)
1.4
(1)
1.5
EXHIBIT A
DESIGN REVIEW 04..()O6
RESOLUTION NO. 3953
CONDITIONS OF APPROVAL
The proposed project shall conform with the Tustin City Code and
Tustin guidelines and standards and be consistent 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.
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. -
Resolution No. 3953 shall become null and void in the event that
Resolution Nos. 3950, 3951, and 3952 approving Specific Plan
Amendment/Zone Change 04-003, Concept Plan 03-003, Tentative
Tract Map 16581, and the Affordable Housing Plan and Density
Bonus Application, which includes 182 additional density bonus
units and transfer of 8 Very Low income and 17 Low income units
from Planning Area 21 to Planning Area 5 and transfer 8 Low
Income units and 14 Moderate Income units from Planning Area 4
to Planning Area 5, are not approved by the City Council.
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 if a written request is within thirty (30) days prior to
expiration date.
The development of the project described in Design Review 04-006
shall be designed and constructed in accordance with Specific Plan
Amendment/Zone Change 04-003, Concept Plan 03-003, Tentative
Tract Map 16581, and density bonus application as approved by
Resolution Nos. 3950, 3951, 3952, and 3946 which are
incorporated herein by reference.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEIS
(4) DESIGN REVIEW
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
.... EXCEPTION
Resolution 3953
DR 04-006
Page 2
(1 )
(1 )
(1 )
(5)
(5)
1.6
Approval of Design Review 04-006 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.
1.7
The development of the project described in Design Review 04-006
shall be in accordance with Concept Plan 03-003 and Tentative
Tract Map 16581 approved by Resolution Nos. 3951, and 3952
which are incorporated herein by reference.
1.8
As a condition of approval of Design Review 04-006, 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.
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. 3952t.
1.10 Project phasing shall be in accordance with the phasing set forth in
Resolution No. 3952.
GRADING PLAN SUBMITTAL
(1 )
(1 )
2.1
2.2
Prior to issuance of a grading permit all requirements related to
private infrastructure contained within Resolution No, 3946 shall be
met.
Four (4) sets of final grading plans, including a site plan, and
consistent with the landscaping plans, as prepared by a registered
civil engineer, shall be submitted and shall include the following:
A.
Technical details and plans for all utility installations
including telephone, gas, water, and electricity.
Resolution 3953
DR 04-006
Page 3
(1) 2.3
(1) 2.4
(1) 2.5
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.
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, 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.
E.
Two (2) copies of a hydrology report.
F.
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.
G.
Building and landscape setback dimensions and dimensions
for all drive aisles, back up areas, each covered parking
stall, and open parking stalls.
H.
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 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.
The engineer of record must submit a final compaction report to the
Building Division for review and approval prior to the issuance of a
building permit.
The engineer of record must submit a pad certification to the
Building Division for review and approval prior to the issuance of a
building permit.
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.
Resolution 3953
DR 04-006
Page 4
(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.
. Structural calculations, two (2) copies.
. Title 24 energy calculations, two (2) copies.
. 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. All new light fixtures shall be consistent
with the architecture of the building. All exterior lighting shall be
designed and arranged as not to direct light or glare onto
adjacent properties, including the adjacent streets. Wall-
mounted fixtures shall be directed at a 90-degree angle directly
toward the ground. All lighting shall be developed to provide a
minimum of one (1) foot-candle of light coverage, in accordance
with the City's Security Ordinance,
. 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."
. Cross-section details showing the installation of the proposed
rooftop equipment. Rooftop equipment shall be installed and
maintained so as not to be visible from the public right-of-way,
An elevation showing rooftop equipment installation related to
the height of the parapet and proposed equipment must be
identified at plan check submittal and all equipment must be six
Resolution 3953
DR 04-006
Page 5
(1 )
3.3
(3)
3.4
(3) 3.5
(3) 3.6
(3) 3.7
(3) 3.8
(3) 3.9
(1 )
(6) inches below the top of the parapet, subject to the approval
of the Community Development Director.
. Noise attenuation features as required by Conditions 14.1
through 14.3 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.
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.
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.
Prior to issuance of any permit, Irvine Ranch Water District (IRWD)
intent to serve and approval of the water/ sewer plans are required.
Two (2) exits are required from the third floor of residential occupancy
when, the floor area of the third floor exceeds 500 square feet.
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.
Escape or rescue windows shall be provided in all sleeping rooms,
in accordance with the 2001 California Building Code (Section
310.4).
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).
3.10 The clear and unobstructed interior garage dimensions for each
parking space shall be a minimum of nine (9) 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.
Resolution 3953
DR 04-006
Page 6
(1 )
(1 )
(1 )
3.12 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.
3.13 Footings for all retaining walls shall be located within the tract
boundary.
3.14 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 SCAQMD 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.
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.
Resolution 3953
DR 04-006
Page 7
(***) 3.15
(1 )
According to the submitted report the water table is as low as eight
(8) feet in some areas. Units with basements or grade difference
that would be affected by the water table shall require special
construction techniques subject to review and approval of the
Community Development Department.
3.16 Add notes that all utilities placed under private streets are located a
minimum of 36 inches below grade and revise street cross sections
accordingly.
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS
(1 )
4.1
WATER QUALITY
(1 )
5.1
C.
All conditions of Resolution No. 3952 related to private on-site
infrastructure shall be implemented.
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
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.
Prior to issuance of any permits, the property owner shall
record a Notice of Water Quality Management Plan (WQMP)
with the County Clerk Recorder on a form provided by the
Community Development Department to inform future
property owners of the requirement to implement the
approved WQMP,
Resolution 3953
DR 04-006
Page 8
(1 )
5.2
(1 )
5.3
A.
C.
D.
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.
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.
The following requirements shall be defined on permit plan cover
sheets as either general or special notes and the project shall be
implementedin accordance with the notes:
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,
Potential pollutants include, but are not limited to, solid or
liquid chemical spills; wastes from paints, stains, 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,
During construction, disposal of such materials 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.
Dewatering of contaminated groundwater or discharging
contaminated soils via surface erosion is prohibited.
Resolution 3953
DR 04-006
Page 9
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 )
(1 )
(1 )
6.1
6.2
6.3
A 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 3952. 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.
Temporary construction fencing shall be permitted to encroach into
required travelways of private streets or drives once constructed
and shall be removed prior to issuance of Certificate of Occupancy
for the model homes.
The developer 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 ensure the conversion.
ARCHITECTURE
(1 )
(1 )
(4)
(4)
7.1
7.2
7.3
7.4
All carriage way product shall meet the development standards
adopted by Resolution No. 3950.
Architectural elevations of the Carriage way product shall be
revised to incorporate a cohesive architectural style and adequate
articulation on the side and rear elevations subject to review and
approval of the Community Development Department.
Building elevations visible from Edinger Avenue, West Connector
Road, and Valencia North Loop Road 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 off sets, pop-outs,
overhangs, window trim, fascia molding, planter boxes, etc. to the
satisfaction of the Community Development Department.
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.
Resolution 3953
DR 04-006
Page 10
(4)
7.5
(4) 7.6
(4) 7.7
(4) 7,8
(4)
7.9
Window trims, surrounds, and mullions shall be provided on all
elevations consistent with the architectural treatment and of the
buildings subject to final approval of the Community Development
Department.
All roof materials shall be subject to final approval by the
Community Development Department.
All exterior doors and windows, glass, and frame color shall be
subject to final approval of the Community Development
Department.
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.
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.
7.10 All portions of the first, second, and third floor living areas of the
multiple family products shall be located a minimum of five (5) feet
from the private drives.
(1 )
LANDSCAPING/HARDSCAPE
(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:
. Include a summary table identifying plan materials. The plant
table shall list botanical and common names, sizes, spacing,
location, and quantity of the plant materials proposed.
. 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.
Resolution 3953
DR 04-006
Page 11
. 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.
. Ground cover shall be planted eight (8) to twelve (12) inches
on center.
. 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.
. Major points of entry to the project, private streets, and
private drives and internal circulation shall receive specimen
trees to create an identifying theme.
. 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
large expanse walls with greenery and color. Vines shall be
informally grouped and installed with training devices.
(1 )
8.2
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
Resolution 3953
DR 04-006
Page 12
(4)
8.3
(4) 8.4
(4) 8.5
(4) 8.6
(1 )
8.7
(1 )
8.8
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
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.
On-site walls and fences shall be noted on the plans with specific
materials, colors, and decorative treatments. Interior wall/fences
shall be made of durable materials subject to review and approval
of the Community Development Department.
Major points of entry to the project, private streets, and private
drives and internal circulation shall receive specimen trees to
create an identifying theme.
Perimeter tract walls shall be constructed of high quality materials
and matching architecture subject to final approval of the
Community Development Department.
The main entries to the project at West Connector Road and
Valencia North Loop Road 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.
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.
A portal design for the intersection of Edinger Avenue and West
shall be provided for review and approval of the Community
Development Department and installed by the applicant.
Resoiution 3953
DR 04-006
Page 13
USE RESTRICTIONS
(4)
(5)
(1 )
(1 )
(5)
9.1
The project shall include 1,077 units, including 84 Single Family
Detached (SFD), 181 Carriage Way SFD, 72 condominium units
(Senior Housing) for a total of 337 units at an average density of
8.62 dulacre in Planning Area 4 (Parcel 23) and 570 condominium
units (Multiple Family Residential), and 170 condominium units
(Senior Housing) for a total of 740 units at an Average density
17.53 dulacre for Planning Area 5 (Parcel 24) of the MCAS-Tustin
Specific Plan with 266 on-site units (241 required and 25
transferred from Planning Area 21) required to be offered as
affordable units, as identified in Condition 10.1.
A separate "Private Open Space Exhibit" 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.
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.
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.
No outdoor storage shall be permitted during grading or building
stages, except as approved by the Tustin Community Development
Director.
During construction, permission from adjacent property owners
shall be required for any work located on adjacent properties.
AFFORDABLE HOUSING
(1 )
9.2
(1 )
9.3
9.5
9.6
9.7
10.1 The subdivider shall comply with the obligations contained in
Resolution No. 3952 regarding affordable housing units.
SENIOR HOUSING PROJECT
(*)
11.1 The senior housing shown on the tentative tract map is provided for
general location and number of units purposes and does not
represent final City approval except that 153 affordable units shall
be provided at this site including 36 Very Low, 61 Low, and 56
Moderate Income units. A design review application for the senior
Resolution 3953
DR 04-006
Page 14
housing including a site plan delineating adequate access non-
intrusive to low density "residential units, adequate parking,
landscaping, fire access, architectural floor plans, elevations,
materials and colors for the housing units and the recreational
building, and a phasing plan for the construction of the affordable
units along with the market rate units shall be submitted and
approved prior to issuance of building permits for the first
production unit of the entire Columbus Square project. A production
unit is defined as a unit included in phase I and subsequent phases
of the Phasing Plan (not including initial phase or model homes),
Any deviation from the MCAS Tustin Specific Plan parking
standards for the senior housing would require approval of a
conditional use permit which would include submittal of a parking
analysis that would justify reduction in number of required parking
spaces, subject to review and approval of the City's traffic engineer.
If the developer is not able to justify the reduction in parking and/or
the conditional use permit is not approved, the developer agrees to
a proportionate reduction in the number of units. Except in no case,
shall the number of affordable units approved herein be reduced.
Prior to issuance of the 420th building permit for the production units
of the entire Columbus Square project, building permits for the
senior housing shall have been issued and the first footing
inspection for the senior housing shall have been completed. In
addition, construction of the recreation building and park facilities
shall be completed prior to the issuance of the 420th building permit
(50% of non-restricted).
(1 )
11.2 The design, massing, and color/materials of the senior housing
project shall be of high quality construction and compatible with
other products within Columbus Square to minimize the institutional
appearance of this product.
ORANGE COUNTY FIRE AUTHORITY
(5)
12.1
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)
12.2
Prior to the issuance of a building permit, the applicant shall submit
plans for any required automatic fire sprinkler system in any
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)
(5)
NOISE
(1 )
(1 )
(1 )
Resolution 3953
DR 04-006
Page 15
(5)
12.3 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.
12.4 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.
12.5 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
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.
13.1
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 permit or recordation of the final map,
whichever occurs first.
13.2 In accordance with the noise analysis, all units along Edinger
Avenue, West Connector Road, and Valencia North Loop Road that
are required to include air conditioning units to achieve the
minimum interior noise level standards shall have these units
installed prior to issuance of a Certificate of Occupancy. Prior to
final inspection and issuance of certificates of use and occupancy,
the developer shall provide an independent noise analysis verifying
that interior noise levels comply with Title 25 and City noise
requirements.
13.3 The applicant shall submit additional information to the City
showing the construction details, materials and finish, and height of
the proposed sound walls along Edinger Avenue for review and
approval of Community Development Director.
Resolution 3953
DR 04-006
Page 16
ENVIRONMENTAL
(1 )
14.1 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:
FEES
(1 )(5) 15.1
A.
The developer shall enter into an agreement with the City of
Tustin to establish a fair-share mechanism to provide
needed Tustin Legacy Backbone Infrastructure program.
B.
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.
C.
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.
D.
Prior to the issuance of any permit, the applicant shall
provide written evidence to the Community Development
Department that a County-certified paleontologist has been
retained to conduct salvage excavation of unique
paleontological resources if they are found.
E.
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.
Prior to issuance of any 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.
Resolution 3953
DR 04-006
Page 17
(1 )
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
the time of permit issuance. The current fee is $2,910 per
single-family unit and $1,694 per multiple family unit.
Transportation System Improvement Program (TSIP), Benefit
Area "8" 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.
e.
f.
Water and sewer connection fees to the Irvine Ranch Water
District.
g.
h.
New development tax is $350.00 per unit.
School facilities fee in the amount as required by Tustin
Unified School District.
i.
Other applicable parkland in-lieu fees and Tustin Legacy
Backbone Infrastructure Program fees as required by
Resolution No. 3952.
15,2 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
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ATTACHMENT D
SUBMITTED TRAFFIC STUDY
COLUMBUS SQUARE SENIOR HOUSING
PARKING STUDY
City of Tustin, California
m:l"" ' .
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r:TrI 8ngin8~ring
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transportation planning' traffic engineering
acoustical/air quality studies
January 28, 2005
Ms. Marsha Santry
LENNAR COMMUNITIES
25 Enterprise, Suite 300
Aliso Viejo, CA 92656
Subject: Columbus Square Senior Housing Parking Study
Dear Ms. Santry:
Introduction
RK ENGINEERING GROUP, INC (RK) has prepared a review of parking requirements for the
Columbus Square Senior Housing project. The City of Tustin has requested an analysis of
the required parking requirements for the project. The project will be an age-restricted
attached senior housing development located in the northeast corner of the Columbus
Square project. The location of the project is shown in Exhibit A and the preliminary Site
Plan is shown in Exhibit B.
The proposed project would consist of242 dwelling units of senior attached housing. The
project provides for 404 parking spaces. Based upon the City of Tustin Parking Code for
standard apartments/condominiums, a total of 492 parking spaces would be required.
However, the City of Tustin Parking Code does not have a category for senior attached
housing.
RK has conducted an extensive review of parking requirements for senior housing projects.
This review has included the following:
. Parking Generation, 3rd Edition, 2004, ITE (Institution of Transportation Engineers)
. Parking (ENO Foundation)
. City of Orange Parking Survey of Senior Housing
. Fountain Glen Senior Apartments
. The Fountains at Rancho Cucamonga
. Terrace Garden Apartments (Escondido)
. Morning View Terrace Apartments (Escondida)
20201 S,w, birch street, suite 250
newport beach. california 92660
tel 949.474,0809 fax 949.474,0902
http://www.rkengineer.com
ParkinQ Review
This review, along with numerous projects prepared by Fountain Glen Properties, LLC, has
shown that significantly fewer parking spaces are necessary for senior housing projects in
comparison to conventional apartments or condominiums.
The City of Tustin Parking Code for apartmentsJcondominiums is as follows:
. 1 bedroom = 1.5 spaces per du + 0.25 space per du (guest) = 1.75 spaces per du
. 2 bedrooms = 2.0 spaces per du + 0.25 space per du (guest) = 2.25 spaces per du
Based upon these requirements, the following parking requirements would be required for
the Columbus Square Senior Housing project:
1 bedroom = 104 du = 182 parking spaces
2 bedrooms = 138 du = 310 parkina spaces
Total = 492 parking spaces
RK has conducted an extensive survey of parking requirements for attached senior housing
developments. The attached Table 1 indicates senior housing parking requirements based
upon the various sources previously cited. Included in Table 1 are actual peak parking
demand rates (spaces per unit) and also the actual parking ratios provided by various
projects. As can be seen in Table 1, peak parking demand rates are substantially less than
one space per dwelling unit. The actual parking provided in the Columbus Square Senior
Housing project is slightly greater than one space per dwelling unit.
The ITE, in their recent publication titled Parking Generation, 3rd Edition, 2004, indicated
parking demand rates of 0.50 and 0.34 spaces per dwelling unit for two (2) senior
attached projects surveyed in the City of Huntington Beach. The actual parking provided at
these two (2) sites was 1.20 and 1.40 spaces per dwelling unit, respectively. A copy of the
Parking Generation, 3rd Edition, 2004 Land Use: 252 Senior Adult Housing Attached is
included in Appendix A.
Another technical source for parking demand is the publication titled Parking by Robert A.
Weant and Herbert S. Levinson, published by the ENO Foundation. A copy of their
suggested parking requirements is included in Appendix B. As shown in their Table 3-2,
parking demand rates for elderly housing was 0.70 spaces per dwelling unit. Again, their
parking rates are substantially less than conventional apartment and condominium
requirements as specified in the City of Tustin Parking Code.
The consulting firm of Linscott Law & Greenspan Engineers has conducted several trip
generation and parking analyses for senior apartment developments. A copy of their
report Trip Generation and Parking Analysis for The Fountains at Terra Vista in Rancho
Cucamonga, California, dated June; 2, 2002, is included in ADpendi'é C. This study
analyzed trip generation and parking demand for senior housing developments based
upon three (3) projects ir, the CiT)' 07 Orange. The results of this survey indicaTed that the
2
peak demand for The Fountains project was 0.56 spaces per dwelling unit. The Seasons
had a peak parking demand of 0.71 spacès per dwelling unit and Heritage Village had a
peak parking demand of 0.58 spaces per dwelling unit. The actual parking provided for
these uses is also included in Table 1 and ranges from 0.65 to 1.94 spaces per dwelling
unit. The results of the Linscott Law & Greenspan Engineers study indicated a
recommended design parking rate of 0.95 spaces per dwelling unit for active senior
apartment developments.
Linscott Law & Greenspan Engineers also prepared the attached Senior Apartment
Complexes Traffic and Parking Implications study in March 15, 2000, included in
Appendix D. This study reviewed senior apartment projects in Rancho Cucamonga and
Escondido, California. Peak parking demand surveys indicated that The Fountains at
Rancho Cucamonga had a peak parking demand of 0.71 spaces per dwelling unit. The
Terrace Garden Apartments (Escondido) had a peak parking demand of 0.86 spaces per
dwelling unit and Morning View Terrace Apartments (Escondido) had a peak parking
demand of 0.79 parking spaces per unit. The actual parking provided for these three (3)
sites is also included in Table 1 and ranges from 1.07 to 1.26 spaces per dwelling unit.
Again, the peak parking demand for these three (3) sites is substantially less than
conventional apartment and condominium parking requirements.
Fountain Glen Properties, LLC has developed numerous senior apartment projects
throughout Southern California. A survey of their projects is shown in Appendix E. Their
existing projects provide between 0.68 to 1.46 spaces per dwelling unit. The average
parking provided was 1.10 spaces per dwelling unit. This level is considerably less then the
proposed Columbus Square Senior Housing project which will provide 1.67 spaces per
dwelling unit.
Columbus Sauare Senior Housjna Project
The proposed Columbus Square Senior Housing project will accommodate 242 dwelling
units, including 104 one-bedroom units and 138 two-bedroom units. The project provides
for 404 parking spaces or 1.67 spaces per dwelling unit. As previously noted, the City of
Tustin Parking Code requirement for apartment/condominiums would be 88 additional
spaces, or a total of 492 spaces.
As demonstrated in Table 1, review of current actual parking demand for senior housing
indicates that actual parking demand for senior attached housing is substantially less than
the City of Tustin Parking Code for apartments and condominiums, In fact, the 1,67
spaces per dwelling unit provided in the Columbus Square Senior Housing project is
substantially greater than the parking provided at all of the various sites that were studied
in these surveys, and is substantially greater than all of the peak parking demand that
occurred at the sites.
3
Conclusions
The proposed parking provided for the Columbus Square Senior Housing project more than
adequately accommodates the parking demand for the site.
RK appreciates this opportunity to work with Lennar Communities on this project. If you
have any questions regarding this study, please call r1W at (949) 474-0809.
Robert Kahn, P.E.
Principal
Sincerely,
RK ENGINEERING GROUP, INc.
Ro k.-. \- ~
Attachments
xc: Mr. Brendan Horgan, LENNAR COMMUNITIES
Ms. Karen Gulley, THE PLANNING CENTER
RK:rdIRK2931.doc
IN:O807-03-02
4
Exhibits
Exhibit A
location Map
LEGEND:
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. = INTERSECTION ANALYSIS LOCATION
N
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LiW group, InC.
OB07-03-02(ExAl Rev, 01-27-05
COLUMSUS SQUARE SENIOR HOUSING PARKING STUDY, City ofT,"'n, C.UfD"'"
Exhibit B
Site Plan
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OBO7-03-02(ExB) Rev,OI-27-0S
COLUMBUS SQUARE SENIOR HOUSING PARKING STUDY. City ofT."ln. Ca;;foml,
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LiW group, inC.
Tables
TABLE 1
Senior Housing Parking Requirements
Peak Parking Parking Ratio
Demand Rate Provided
(Spaces per (Spaces per
Source Dwelling Unit) Dwelling Unit)
. ITE (Parking Generation, 3rd Edition, 2004)
- Huntington Beach (Site 1) 0.50 1.20
- Huntinaton Beach (Site 2) 0.34 1.40
. Parking (Eno Foundation) 0.70 --
City of Orange Parking Surveys
. byLLG
- The Fountains 0.56 1.04
- The Seasons 0.71 0.83
- Heritage Villas 0,58 0.65
- Recommended Rates 0,95 --
. The Fountains at Santa Maraarita 0.71 1.07
. Terrace Gardens Apartments (Escondido) 0.86 1.07
. Morning View Terrace Apartments (Escondido) 0.79 1.26
. Fountain Glen Senior Apartments (9 Sites) -- 1.10
. Columbus Square Senior Housing -- 1.67
;,lrktableslrk2900lRK2931 TB.xls
Appendices
Appendix A
Parking Generation, 3rd Edition
ITE (Institute of Transportation Engineers)
Senior Attached Housing
Parking Generation, 3rd Edition
An Informational Report of the
Institute of Transportation Engineers
The Institute of Transportation Engineers (ITE) is an international educationai and scientific association
of transportation and traffic engineers and other professionals who are responsible for meeting mobility
and safety needs. ITE facilitates the application of technology and scientific principles to research,
pianning, functional design, implementation, operation, policy development and management for any
mode of transportation by promoting professional deveiopment of members, supporting and
encouraging education, stimuiating research, deveioping Pl,lt¡~c awareness, and exchanging
professional information; and by maintaining a centrai point of reference and action.
Founded in 1930, ITE serves as a gateway to knowledge and advancement through meetings, seminars
and publications; and through our network of more than 16,000 members working in some 90
countries. ITE aiso has more than 70 local and regional chapters and more than 120 student chapters
that provide additional opportunities for information exchange, participation and networking
Parking Generation is an informational report of the Institute of Transportation Engineers. The
information has been obtained from experiences of transportation engineering professionals and
research. ITE informational reports are prepared for informational purposes only and do not
include ITE recommendations on which is the best course of action or the preferred application
of the data.
Hi:
Institute of Transportation Engineers
1099 14th SI. NW, Suite 300 West
Washington, DC 20005-3438 USA
Telephone: +1 202-289-0222
Fax: +1 202-289-7722
iTE on the Web: www.ite.org
@ 2004 Institute of Transportation Engineers, All rights reserved.
Publication No. IR-O348
First Printing
1000iGOODi1004
ISBN I~o: 0-935403-92-2
Printed in the United States Of America
Land Use: 252
Senior Adult Housing-Attached
Land Use Description
Senior adult housing consists of attached independent living developments, including retirement
communities, age-restricted housing and active adult communities. These developments may include
limited social or recreational services. However, they generally lack centralized dining and on-site
medical facilities. Residents in these communities live independently, are typically active (requiring little to
no medical supervision) and mayor may not be retired. Congregate care facility (Land Use 253) and
continuing care retirement community (Land Use 255) are related uses.
Database Description
The database consisted of two study sites.
*°
The study sites had 46 and 91 dwelling units.
Parking suppiy ratio: 1.2 and 1.4 spaces per dwelling unit, respectively.
WeeKday peak parking demand ratio: 0.50 and 0.33 parked vehicles per dwelling unit at the 46- and
91-unit sites, respec;tjvely.
Saturday peak parking demand ratio: 0.50 and 0.34 parked vehicles per dwelling unit at the 46- and
91-unit sites, respectively.
Parking demand counts were submitted for the hours beginning at 9:00 a.m., 10:00 a.m., 2:00 p.m. and
5:00 p.m. From these limited data, no definitive peak hour or peak period was established.
Study SitesNears
Huntington Beach, CA (1989)
Institute of Transportation Engineers
Parking Generaüon, 3id Edition
Appendix B
Parking (ENO Foundation)
PARK I NG
ROBERT A. WEANT
AND
HERBERT S. LEVINSON
>
42
Zoning Requirements
Table 3-2. suggested Parking Space Zoning Requirements (Suburban Settings)
Parking Spacss per Unit
Land Use
Resldentlel
Single family
Multiple family
Efficiency/studio
1 Bedroom
2 Bedrooms or more
* Elde~y housing
Accessory dwelling un~
Commarclallodglngs
HotoVmotel
Sleeping rooms
Medical treatment
Hospitals
Medical center
Convalescent/nursing
Medical office building
Business o\flces
General offica building
Banks/savings & loan
Branch drive-In bank with
wal<ln window services
Retail services
General retail services
Personal care
Coin operated laundries
Retail goods
Genera; retail goods
Unit
Dwelling
Dwelling
Dwelling
Dwelling
Dwelling
Dwelling
Bedroom
Bedroom
Bed
Bed
Resident
1,000 sq. It. GLA
1,000 sq. It. GLA
1,000 sq. It. GFA
1,000 sq. It. GFA
1,000 sq. It, GFA
1,000 sq. It. GFA
Wash/dry clean
machine
1,0005<;,11., GFA
Peak-Parking
Demand'
Suggested Parking Space
(MinimUm Requirement)
2,0
2.0
1.0
1.5
2.0
0.7
1,0
1,5
2.0
0.5/dwelling un~ plus 1.0 space/day
shift employee
1.0
1.0
1.2
1,O/sleeplng room, plus spaces for
~":."t~~~~~~;~fusbg~~~~~; ~~ WI
employee
1.0/sleeping room plus 2,0 for
resident manager
1.0
2,5
The. higher of 2.71becl" or 0.4/
employee plus 0.331bed plus 0.2/
outpatient treatment plus 0.25/
staff physician '
The higher of 6.01bed' or 0.41
employee plus 0.51bed plus 0.2/
:W;:y~lâ:~t;~~ J'.:~;d~nt
5.5
0.3
5.2
0.3
5.7"
3.0
4/1.000 GLA for buildings of up to
30,000 sq. It, GFA; 3.3/1,000
GLA' for buildings over 30,000
sq. It. GFA
3,6'
3.3
5.5
5.8'
2.2
2,4'
3.5
2/treatment station but not less than
4/1,000 sq. It, GFA
0,5
0.5
3.0
3.3'
Suggested Freight
Loading Spacil'
None
One space for every 1OO
units after first 25 units
Same as multiple family
None
As required tor restaurant
and lounge areas
None
On,:'q~~~: 1~~'~~~
space per 2~0,000 sq.
ft. thereafter
One
One per 100,000 sq. It.
GLA after first 5,000
sq. It. GLA
On~r'Ara1~~'~~~ ~;0'1i0
sq. ft. GFA
None for first 10,000 sq.
It. GFA. then one per
50,000 sq. It. GFA up
to 110,000 sq. ft., plus
one per 100,000 sq. It.
thereafter
None for first 10,000 sq,
ft, GFA, then one/
30,000 up to 70.000
sq, It.. thenone/80,000
sq. ft, thereafter
None
None
Same as general retail
services
Appendix C
Trip Generation and Parking Analysis
for The Fountains at Terra Vista
Linscott Law & Greenspan Engineers
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UNSCOTT
LAW &
GREENSPAN
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Phl!;p M, LI",co" P.E, (1924.2000)
Jack M. G...".pan, P.E,
Wlmam A. Law, P.E, (Ret)
Paul W. Wllkin>on.'P.E,
John P. Keating. P,E.
DavidS, Shende" 'P.E,
John A, Boa""an, P,E, ,
CI..e M. Look-Ja.se., P,E,
E N GI NEE R S
ENGÎÑEERS&PLANNERS . TRAFFiC,-TRÁNSl'ORTATION;PARKING
1580 Corporate Drive, Suite 122 . Costa Me.a, California 92626
Phone:714641-1587' Fax:714641.0139
June 12, 2002
Mr. HemyWang
FOUNTAIN GLEN PROPERTIES, LLC
4220 Von Kannan Avenue, 2nd Floor
Newport Beach, California 92660
LLG Reference No. 2-022365-1
SUBJECT:
TRIP GENERATION AND PARKING ANALYSIS FOR THE
FOUNTAINS AT TERRA VISTA
Rancho Cucamonga, California
Dear Mr. Wang:
As'requested, Linscott, Law, & Greenspan, Engineers (LLG) , is pleased to subrnitthis Trip
Generation and Parking Analysis for The Fountains at TeITa Vista, a proposed Active Senior
Apartments development located in the City of Rancho Cucamonga,California.
The trip generation anaJysis has been prepared to determine if a traffic study is requirèd based on
the criteria outlined in the County of San Bernardino Transportation hnpact Analysis Guidelines as
contained in the 1999 Congestion Management Program (CMF). Per the San Bernardino County
CMF, a traffic impact analysis report is required when a proposed development project is forecast
to equal or exceed the CMF threshold of250 two-way peak hour trips.
The parking analysis has been prepared as part of a parking modification request to reduce the
City's aggregate parking demand ratio (spaces per unit) for an Active Senior Apartments facility.
CuITent1y, per the City's Zoning Code requirements, an aggregate parking ratio of 1.90 spaces per
unit is required for the proposed project. This ratio has been calculated based on direct
application of the City's off-street parking requirements for residential, cluster development sites
(Chapter 17.12.040).
This parking requirement is typically applied to residentiaJ facilities without any age-restrictions
to prospective tenants (i,e., apartment buildings, attached townhome communities, etc.).
Therefore, the parking demand characteristics of an Active Senior Apartments facility are not
accurately represented in the Ci1:y's Zoning Code.
n_--"... "7" 70"."" . "n nlp.n - 619 299-3090 . La. Vega. - 702 451-1920' Founded 1966 . An LG2WB Company
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Mr. Henry Wang
FOUNTAINGLEN PROPERTIES, LLC
LLG Reference No. 2-022365-1: The Fountains at Terra Vista
June 12,2002
Page 2
ENGINEERS
As a result, this parking analysis focuses to determine a more appropriate ¡;;kirigde~andrili~~~-<~-=--'
for the proposed project. The parking analysis is based on weekday and weekend parking surveys
performed at three existing active senior apartment facilities, all located in south Orange County.
-,-----~~,- ~-----
SUMMARY OF FINDINGS AND CONCLUSIONS
Based on our trip generation forecast, the proposed project is not anticipated to exceed the 250-peâk
hour trip threshold. As such, a CMP Traffic Impact Analysis Report will not be required for the
proposed project.
Based on the results of the parking analysis, a minimum aggregate parking demand ratio of 0.95
spaces per unit is appropriate for an Active Senior Apartments facility. For the proposed project,
which consists of216 age-restricted units, we recommend that a minimum of205 parking spaces
be provided.
PROJECT DESCRIPTION AND LOCATION
The project site is located on the southwest quadrant of the Mayten Avenue and Church Street
intersection, west of the 1-15 Freeway, in the City of Rancho Cucamonga. Exhibit 1, located at
the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the
proposed project and depicts the surrounding street system.
The proposed development project will consist of a 216-unit age-restricted (senior) apartment
complex. Of the 216 units, half of them (108 units) will be one-bedroom apartments, wbile the
remaining 108 units will be two-bedroom apartments. Tenants of this housing facility will be
restricted to persons that are 55 years of age or older. The proposed project will also include a
recreation building, recreation area, and a gardens courtyard, all of which will operate as an
ancillary use for residents/tenants. Table 1, located at the rear of this letter report following the
exhibits, summarizes the mix of unit types within the proposed community.
Exhibit 2 presents a preliminary site plan for the proposed project. As shown, primary vehicular
access to the project will be provided via one full access driveway, located on Mayten Street,
west of Church Street. Parking for residents, visitors, and employees will be provided by an on~
site, surface parking lot.
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Mr, Henry Wang
FOUNT AINGLEN PROPERTIES, LLC
LLG Reference No. 2-022365-1: The Fountains at Terra Vista
June 12,2002
Page 3
E NG IN E E R 5
--"",,"._~--, ~
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TRIP GENERATION ANALYSIS
Project Traffic Generation
Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements,
either entering or exiting the generating land use. Generation factors and equations used in the
traffic forecasting procedure are typical1y found in the Sixth Edition of Trip Generation,
published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 1997], or San
Diego Traffic Generators, dated July 1998, published by San Diego Associated Governments
(SANDAG).
However, the traffic generation characteristics of an active senior apartments facility are not
documented or accurately represented in either of the above referenced manuals. Although lTE
provides trip generation rates for "Elderly Hotlsing - Attached" land uses, the rates are not
directly applicable to "Active Senior Apartments". The ITEdescription of Elderly Housing -
Attached is provided below: '
Elderly Housing (attached) - restricted to senior citizens- contains residential units
similar to apartments and condominiums, and is sometimes a self-contained village.
They may also contain special services such as medical facilities; dining facilities;
and some, limited, supporting retailfacilities.
Active senior apartments' do not.. provide on-site medical facilities, dining facilities, or retail
facilities. Given the above and uniqueness of the proposed land use type, trip generation rates
developed by LLG (specifically for active senior apartments faciJities) are recommended to
assess the potential traffic impacts of The Fountains at Terra Vista.
LLG conducted daily and peak hour traffic counts at The Fountains at Rancho Santa Margarita,
an existing active senior apartments development, on August 24, 25, and 26, 1999. At the time
of the counts, 165 units were occupied. Table 2 summarizes the traffic count data and resulting
trip generation rates. As shown, the existing senior apartment complex was calculated to
generate 4.13 daily trips per unit, 0.25 AM peak hour trips per unit, and 0.40 PM peak hour trips
per unit.
The lower portion ofTable 2 presents the ITE rates for an Attached Elderly Housing land use, for
comparative purposes. As shown, the LLG recommended rates are more conservative during the
AM and PM peak periods, as well as for the daily time frame.
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Mr. HenryWang
FOUNTAINGLEN PROPERTIES, LLC
LLG Reference No. 2-022365-1: The Fountains at TeITa Vista
June 12,2002
Page 4
E N GIN E E R 5
..~"....,,^,- ,0,
,"-~~=~=~ '.'--' ._,
Table 3 applies the LLG recommended trip generation rates to the proposed Fountains at TeITa
Vista project and presents a traffic generation forecast for the proposed project. As shown, the
proposed project is expected to generate 890 daily vehicle trips (one half aITiving, one half
departing), with 54 vehicle trips anticipated during the AM peak hour (26 inbound, 28 outbound)
and 86 vehicle trips (45 inbound, 41 outbound) forecast during the PM peak hour.
As stated previously, per the San Bernardino City Congestion Management Plan (CMF), '1999
Update (Appendix C), a CMP Traffic Impact Analysis Report is required when a proposed
development project is forecast to equal or exceed the CMP threshold of 250 two-way peak hour
trips. Based, on the trip generation forecast presented in, Table 3, the proposed project is not
anticipated to generate more than 250 peak hour trips. As such, a CMP Traffic hnpact Analysis
Report wiJl not be required for the proposed project.
PARKING ANALYSIS
City of Rancho CucamongaParking Code Calculations
To determine the number of parking spaces required for the proposed Active Senior Apartments
project, the current parking codes per Chapter 17.12 of the City of Rancho Cuc<!.monga Zoning
Code were utilized. The City's parking code for residenti<!.l, cluster developments specifies
p<!.rking r<!.tios within the range of 1.3 sp<!.ces per unit to 2.3 spaces per unit, depending on the
number of bedrooms. In <!.ddition, the City's parking code requires 0.25 guest spaces per unit.
Table 4 summarizes the City's parking code requirements, as detailed above.
Table 5 summarizes the parking requirements for the Active Senior Apartments project using the
City's parking code ratios. As shown in Table 5, direct application oftbe City's parking ratios to
the proposed project development tabulation results in a code-parking requirement of410 spaces.
Of the 410 parking spaces, fifty-four (54) would have to be designated as guest spaces.
Based on the City's p<!.rking code requirement of 410 spaces, the <!.ggreg<!.te parking ratio for the
proposed project is 1.90 spaces per unit. This ratio is determined as follows:
. 410 [Required Spaces] + 216 [Tota] Units] = 1.90 (spaces/unit]
Please note that a demand ratio of 1.90 spaces per active senior dwelling unit is on the high end
of the parking demand range normally found for Active Senior Apartment developments. A
discussion of typical parking ratios for senior apartment facilities is provided in the following
sections of this letter report.
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FOUNTAIN GLEN PROPERTIES, LLC
LLG Reference No. 2-022365-1: The Fountains at Terra Vista
June 12; 2002
Page 5
E N GIN E E R 5
'00,_, - -
Parking Surveys
To help determine an appropriate "design" parking demand ratio for The Fountains at Terra
Vista, parking accumulation characteristics were studied at three existing, active senior apartment
facilities.
Table 6 summarizes the development tabulations for these existing sites, aU of which are located
in south Orange City. As shown, The Fountains consists of 166 apartment units; Season consists
of 112 units; and Heritage Villas consists of 143 units.
Transportation Studies, Inc., a subconsultant to LLG, conducted "spot" parking surveys on a
typical weekday and weekend day. These "spot" parking surveys, which consisted of counting
the number of parked vehicles, were performed on Tuesday, April 24, 2001, and Saturday, April
21,2001, during the afternoon (12:00 PM - 3:.00 PM), evening (6:00 PM - 9:00 PM), and late
night (II :00 PM - I :00 AM) periods. These time frames were selected as they typically capture
the midday and evening periods when many residents are home and visitors may be at the site;
and also the very late evening when all residents have typically returned home for the night.
The results from the weekday and weekend parking surveys are summarized in Tables 7 and 8,
respectively. These tables present the parking demands and percent utilization, by space type, at
each study site during the peak time periods. An overall total demand and percent utilization for
each time period is also indicated.
As shown in Tables 7 and 8, each study site experienced a peak parking demand during the late
night period (11 :00 PM - I :00 AM) for both a weekday and weekend day. Based on review of
the weekday and weekend surveys, The Fountains experienced a maximum parking demand of
93 vehicles (54% utilízation), which equates to a surplus of 80 spaces. Similarly, Season and
Heritage Villas experienced a maximum parking demand of 79 vehicles (85% utilization) and 83
vehicles (58% utilization), which equates to a surplus of 14 spaces and 61 spaces, respectively.
Please note that at the time of spot parking surveys, the three study sites were fully occupied.
Design Parking Demand Ratio
Table 9 utilizes the information provided in Tables 6, 7, and 8 to develop a "design" parking
demand ratio for the proposed Active Senior Apartments development.
The design ratio was developed by analyzing the parking survey data collected for all three study
sites. For each study site, the greatest number of vehicles observed for any of the two count days,
during any peak time period, was identified and utilized to calculate a peak parking demand ratio,
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FOUNTAlNGLEN PROPERTIES, LLC
LLG Reference No. 2-022365-1: The Fountains at Terra Vista
June 12, 2002
Page 6
E N GIN E E R 5
For example, a peak parking demand ratio 0.56 spaces per unit for The Fountains was calculated
by dividing the maximum observed parked vehicles (93) by the total number of occupied
dwelling units (166). The same calculation was conducted for the Season and Heritage Villas
sites, which yieJded a peak parking demand ratio of 0.71 and 0.58 spaces per unit, respectively,
An average peak parking demand ratio for all three study sites was then calculated., As shown, in
Table 9, the average parking demand ratio was detennined to be 0.62 spaces per unit. This ratio
was calcuJated, as foHows:
[Sum of Peak Parking Demand Ratios] .¡- [Total Study Sites] = [average spaces per unit],
OR
. (0.56 + 0.71 + 0.58) + 3 = 0.62
Afterdetennining the average parking ratio, the 99 percent confidence interval was determined.
This confidence interval represents a 99 percent probability that the parking demand will not
exceed the parking supply. Based on statistics, the 99 percent confidence interval is obtained by
adding three standard deviations to the average. With a standard deviation of 0.08, the 99
percent confidence level parking demand ratio was detennined to be 0.86 spaces per unit.
As a conservative measure to ensure that the parking supply is never exceeded, a ten percent
(10%) buffer/safety factor was applied to the 99 percent confidence level demand ratio. As a
result, a "design" parking demand ratio of 0.95 spaces per unit was calculated and is
recommended for the proposed Active Senior Apartments development. .
Comparison Of Parking Demand Ratios
To evaluate the practicality of the recommended "design" parking demand ratio for the proposed
Active Senior Apartments development (0.95 spaces per unit), a list of parking ratios for senior
housing uses from other sources/jurisdictions was compiled for comparison purposes.
The foHowing list provides a few examples:
. ITE Parking Generators
. Urban Land Institute
. City of Los AngeJes
. Los Angeles Housing Development
. City ofYorba Linda
. Kunzman Associates Study!
0.27 spaces per senior dwelling unit
0.25 spaces per senior dwelling unit
0.90 spaces per one-bedroom senior housing unit
0.93 spaces per affordable housing unit
1.00 spaces per senior dwelling unit
0.76 spaces per senior dwelling unit
1 Kunzman Associates prepared" parbng analysis, dated Ma" 20, 1996, to determine an appropriate parking
demand ratio for Active Senior Residential Housing. This analysis was approved by the City of Orange in
1996 (Case No. P f. 96-0090),
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FOUNTAINGLEN PROPERTIES, LLC
LLG Reference No.2"022365-J: The Fountains at Tetra.\Tista
June 12, 2002
Page 7
E N GIN E E .R 5
- -'
Based on a comparison of the recommended "design" parking ratio with those listed above, the
0.95 spaces per senior dwelling unit can be considered to be conservative, as the parkingrJltios
:trom other sources/jurisdictions are generally Jower.
Recommended Parking Supply
Based on the parking data collected and the subsequent parking analysis, a parking demandtatiò
of 0.95 unassigned parking spaces. per active senior dwelling unit is recommended. Although
this recommended ratio is less than the Pity's aggregate demand ratio of 1.90 spaces per unit, it
should be mOre than sufficient to accommodate the future parking demands of The Fountains at
Terra Vista Active Senior Apartments project.
In applying the recommended demand ratio to the proposed project, which consists of216 age-
restricted units, a minimum of 205 parking spaces wil1 be required.
'"
'"
'"
'"
'"
'"
'"
'"
'"
'"
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We appreciate the opportunity to prepare this analysis. Should you have any questions or
comments, please do not hesitate to call me at (714) 641-1587.
Very truly yours,
LINSCOTT, LAW & GREENSPAN, ENGINEERS
~~~
Christopher H. Ngu~en, ~:&;iJ
T""",,""iM Engm'~ IT
cc:
Richard E. Barretto, P .E. (LLG)
attachments:
N:'2JOO'2022365\Rcport'2365 Fountains at TclTa Vista Letter Rcport,DOC
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EXHIBIT 1
VICINITY' MAP
THE FOUNTAINS AT lERRA VISTA, RANCHO CUCAMONGÁ
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EXHIBIT
PROPOSED SITE PLAN
THE FOUNTAINS AT TERRA VISTA, RANCHO CUCAMONGA
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'E N. CIN E E RS
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PROJECT DESCRIPTION [1]
Tbe Fountains at Terra Vista, Rancho Cucamonga
2, Two Bedrooms
Total
108
216
Notes:
[1] Source: Fountain Glen Properties, LLC.
n:\2300\2022365\tables\2365 Tab1e 1 ProjectDescription.xls
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TABLE 2
"-~'~--'~~'=",""- '------~"~ -"'--~_~==n'
EXISTING TRAFFIC COUNT DATA SUMMARyl
The Fountains at Terra Vista, Rancho Cucamonga
Daily AM Peak Hour PM Peak Hour
Project Description 2-Way In Out Total In Out Total
Count Date: .... .'
. August 24, 1999 679 20 20 40 37 28 65
. August 25, 1999 642 22 24 46 33 30 63
. August 26, 1999 725 lA lQ 11 n ~ 70
. 3-Day Average 682 19 32 51 34 32 66
LLG Generation Rates':
. Active Senior Apartments 4.13 0.12 0.13 0.25 0.21 0.19 0.40
ITE Generation Rates': "
. Elderly Housing' Attached 3.48 0.04 0.03 0.07 0.06 0.04 0.10
N:\2300\202236SITablcs\236S Table 2 Trip Generation.doe
Trafñc counts conducted at The Fountains at Rancho Santa Margarita in August 1999.
At the time of the tramc counts, 165 units were occupied, Tbe trip generation rates were calculated
accordingly (i,e., trips per occupied dwelling unit).
Source: Trip Generation, 6lhEdition, Institute of Transportation Engineers (ITE), Washingtor" D.C. (1997).
.
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TABLE 3
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PROJECT TRAFFIC GENERATION FORECAST
The Fountains at Terra Vista;RanchoCucamonga
Daily AM Peak Hour PM Peak Hour
Project Description 2-Way In Out Total In Out Total
Generation Rates': ' ,
. Active Senior Apartments 4.13 0.12 0.13 0.25 0.21 0.19 0.40
Generation Forecast: "
. The Fountains at Terra 890 26 28 54 45 41 86
Vista (216 Units)
N:\2300\2022365\Tablcs\236S,Table 3 Trip Gcncration,doc
Trip Genera¡;on rates based on surveys conducted by LLG at Tne Founia;ns at Rancho Santa Margarit:t in
August 1999,
-
EN'GI'NEER'S
, -~""~L\:çLE 4
CITY OF RANCHO CUCAMONGA
PARKING CODE REQUIREMENTS [1]
The Fountains at Terra Vista, Rancho Cucamonga
I
I
One Bedroom
1.5 Spaces per Unit
1.8 Spaces per Unit
I
Two Bedrooms
I
Three Bedrooms 2.0 Spaces per Unit
Four or more Bedrooms 2.3 Spaces per Unit
dition, one guest parking spaces per four dwelling
shall be rovided.
I
Notes:
[1] Source: City ofRBncbo Cucarnonga Zoning Ordinance,
Chapter 17.12 (parlcing Regulations).
~
,
n:\2300\2022365\tables\2365 Table 4 Parking Code.xls
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ENGINEERS
. TABLE 5
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CITY PARKING CODE REQUIREMENTS
The Fountains at Terra Vista, Rancho Cucamonga
.
1.8 Spaces per Unit
n/a
108
216
2]6
0.25 Spaces per Unit
I
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AL PARKING CODE REQUIREMENT
AGGREGATEPARKING RATIO (Spaces per Unit) 11J
~
Notes:
[1] Aggregate Parking Ratio = Tota] Code RequirementiTotal Units (410/216).
I
n:\2300\2022365\tables\23365 Table 5 Code Parking Tabulation.xls
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356
54
410
1.90
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E N GIN E E, RS
TABLE 6
SIMILAR PROJECTS DEVELOPMENT TABULATION
The Fount~.ins at Terr~ Vista, Rancho Cucamong~
30751 El Corazon
Rancho Santa Margarita, CA
(949) 766-]620
Season
3] 64] Rancho Viejo Road
San Juan Capistrano, CA
(949) 487-02] 0
Heritage Villas
26836 Oso Parkway
Mission Viejo, CA
(949) 348-1894
124 One Bedrooms
30 Two Bedrooms
] 66 Tota] Units
92 One Bedrooms
20 Two Bedrooms
112 Total Units
130 One Bedrooms
13 Two Bedrooms
143 Total Units
n:\2300\2022365\tables\2365 Table 6 Similar Projects Description,xls
. Parking .spaCeS are not assigned
. covered parking spaces may be
rented for $15 per month
. Parking Supply = 93 Spaces
. Parking spaces are not assigned
. Parking Supply = 93 Spaces
. Parking spaces are not assigned
.
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E N G [ NEE R 5
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TABLE 7
II
WEEKDAY "SPOT" PARKING SURVEYS SUMMARY [1]
TUESDAY, APRIL 24, 2001
The Fountains at Terra Vista, Rancho Cucamonga
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The Fountains:
1:00PM 50% 23 38% 32 34% 7 88% 68 39%
6:50 PM 4 33% 26 43% 44 47% 7 88% 81 47%
11 :27 PM 3 25% 31 52% 51 55% 7 88% 92 53%
Season:
14%
29%
0
0
68
75
83%
91%
2
50%
50%
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6:27 PM
11:15PM
0
0
58
76
43%
56%
6
7
75%
88%
64
83
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[I] Source: Transportation Studies,lnc,
n:\2200\20 1225 1 ltabies\2251 Tables 7 & 8 Parking Survey"xls (Sheet: Saturday)
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TABLE 8
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WEEKEND "SPOT" PARKING SURVEYS SUMMARY [1]
SA TURDA Y, APRIL 21, 2001
The Fountains at Terra Vista, Rancho Cucamonga
I
The Fountains:
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1:20 PM 58% 23 38% 37 40% 8 100% 75 43%
6:35 PM 17% 27 45% 49 53% 6 75% 84 49%
11:41 PM 25% 29 48% 54 58% 7 88% 93 54%
Season:
J4%
J4%
0
62
72
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6:J8 PM
J1:J7PM
0
0
0
0
48%
50%
75%
100%
49%
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53%
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Notes:
[I] Sourc" Transportation Studies, Jnc,
(
n:\2JDD\2D22365\tabies\2J65 Tables 7 & ¡ Parking Surveys,xl, (Sheet: Saturdayj
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TABLE 9
DESIGN PARKING RATIO CALCULATIONS SUMMARY
The Fountains at Terra Vista, Rancho Cucamonga
Parking Spaces Assigned
Number of Occupied Dwellings [2]
- 1 Bedroom or Studio
- 2 Bedroom
. Total
Number of Parking Spaces (Parking Supply)
- Visitor
- Covered
136
30
166
12
60
93
8
173
-Uncovered
- Handicap
. Total
Number of Parked Cars (Parking Demand)
- Peak Weekday
- Peak Weekend Day
. Maximum
92
93
93
Parking Ratios
- Parking Supply per Occupied Dwelling Unit
- Parlcing Demand per Occupied Dwelling Unit
92 130
20 13
112 143
7 0
0 0
82 136
4 8
93 144
79 83
76 76
79 83
0.83 1.01
0.71 0.58
119
21
140
1--
137
I --
85
82
85
0.96
0,62
0.08
0.86
0.95
Not,,-s~
[I] The 99th percentile confidence interval is calculated by adding three standard deviations to the average.
[2] At the time of the parking surveys, all three senior apartment facilities were fully occupied.
n:\1300\202ZJ65\tables\2J65 Táble 9 Parking Tabulation.xls
Appendix D
Senior Apartment Complexes Traffic and Parking Implications
Linscott Law and Greenspan Engineers
..,..
ENGINEERS
"TRANSPORTATION PLANNING. TRAFFIC'ENGINEERING. PARKING
1565 HOTEL CIRCLE SOUTH, SUITE 310. SAN DIEGO. CALIFORNIA 92108
TELEPHONE: .(619) 299.3090. FAX: (619)299-7041
PHILIPM. LINSCOTT,P..E.
JACK M- GREENSPAN,P.E.
, ,-,' ,,~..wJLLIAM.A.LAW ,E.E.
PAUL W. WILKINSON, Þ.E.
JOHN P. KEATING, P.E.
DAVID S. SHENDER, P"E.
~-",~,~_..",...-"
Date:
3/15/00
FACSIMILETRANSMI,$SION
Job No.:
Project::
3990951
Senior Housing Parking/Traffic
To: Henry Wang
From: John Boarman/Chris Mendia~ ~
Comments: Hi Henry. Please review and comment, and please call if any questions.
Copies:
Ale
Hard Copy to Follow:
Yes
No
x
Total Number of Pages (including cover sheet)
9
Receiving Facsimile Number
1-949-223-5033
If you did not receive all oj the pages, please cali (619) 299-3090.
OTHER OFFICES: COSTA MESA TELEPHONE: (714) 641-1567. FAX: (714) 641-0139
PASADENA TELEPHONE: (626) 796-2322. FAX: (626) 792-0941
AN LG2WBCOMPANY
, , ._-" - ---- ~, ~
.
DRAFT
E N GIN E E , 5
SENIOR APARTMENT COMPLEXES
TRAFFIC AND PARKING IMPLICATIONS
INTRODUCTION
The elderly population (those individuals age 65 and over) currently numbers over 30
million, about 12% of the United States population. United States Bureau of the Census
Projections predict that by the Year 2050, the elderly population will increase to 80
million, or over 20% of the United States. It is therefore expected that senior residential
facilities will become more prevalent over the next several years. A senior apartment
complex is identical to a typical apartment complex in most respects (Le. dwelling unit
square footage, on-site amenities, etc.) except that there is a minimum age requirement
for residents, typically 55 or 62 years. Residents in senior apartments are self-
sufficient, and do not require special services as they do in Assisted Living, facilities.
For the purposes of this report, "senior apartment" and "active senior apartment" shall
be synonymous.
In the field of traffic and transportation planning, relatively little research has been
published regarding the unique traffic characteristics of these land uses. Since a lack of
traffic-related data exists for this special land use, reviewing agencies will typically
require a project of this type to be analyzed with' trip generation rates and parking
requirements specified for "typical" apartments (those with no minimum-age
requirements). The purpose of this study is to provide empirical. data and analysis to
demonstrate that the parking requirements and traffic generation characteristics for
senior apartment projects differ from typical apartments. Included in this study is the
following:
. Senior apartment survey results;
. Parking needs;
. Traffic generation characteristics; and
. Conclusions
SENIOR APARTMENT FACILITY SURVEYS
As discussed in the introduction, little information is published regarding the traffic
characteristics of senior apartment land uses. Linscott, Law & Greenspan Engineers
(LLG) has recently completed several traffic studies for senior apartment projects in the
southern California region to determine the specific trip generation and parking rates for
these projects. In the course of the analysis, LLG obtained detailed information about
similar projects in southern California including minimum age requirements, building
. , .--. - ---- ~, -
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ENGINEERS
sizes, numbers of occupants, etc. To determine the general characteristics of senior
apartment complexes nationwide, LLG located approximately 150 multi-family senior
complexes across the' countrY thfoughfegional municipal social services, retirement
organization resources (such as AARP), and the World Wide Web. Telephone surveys
were then conducted to determine the following information:
. Minimum age of eligibility
. Average age of residents
. Number of units
. Average number of employees per day
. Average number of deliveries per day
. Average numbe.r of visitors per day
. Percentage of working residents
. Rate of car-ownership among residents
Respondents were carefully screened to ensure that only "active" senior apartment
complexes were surveyed. Assisted living, congregate care, hospice and other
"assisted" types of senior facilities were not included in the survey. Of the 150 senior
communities identified, approximately 25 complexes that met active-senior criteria
responded to the survey. Table 1 shows the results of the phone surveys. Appendix A
contains the survey sheets,
Table 1 shows that the minimum age for eligibility was typically 55 or 62, but the
average age was over 75. The average number of units was 119. About 7 employees
and 3 deliveries are typical of an active senior facility. An average number of visitors'
per day was found to be 26. Only about 6% of the residents work and about 43% own a
car. These last two statistics lend credence to the belief that the parking demand and
trip generation rates are less for senior apartments as compared to general apartments.
PARKING NEEDS
This section of the report addresses the parking requirements for a senior apartment
project. Although there is a wealth of information available regarding the amount of
parking needed for typical apartment complexes, there is very little information available
regarding parking for senior apartments. It is logical to believe that less parking would
be necessary for senior apartment projects since seniors are less likely to own a vehicle
and less likely to have multiple vehicles.
In order to establish the amount of parking that should be provided for a senior
apartment project, LLG collected empirical data at the following three senior apartment
, ,
-
ENGINEERS
projects in southern California for multiple days. Again, these complexes were
screened to ensure that they were "active senior" apartments with no assisted living
units on-site. . -
The Fountains at Rancho Santa Margarita is a 166-unit senior apartment complex
located in Rancho Santa Margarita, California. The minimum age requirement is ø
years. The complex provides 177 parking spaces for its residents and guests.
Terrace Gardens Apartments is located in Escondido, California, This complex offers
225 apartment units with a minimum age requirement of2£. years. There are 240
parking spaces provided on-site:
Morning View Terrace Apartments is also located in Escondida, California. Morning
View Terrace offers 326 units with 410 parking spaces. The minimum age requirement
is~years.
Hourly counts were conducted during the day with an additional count in the. middle of
the night such that the peak parking demand would be ascertained. Table 2 shows the
results of these counts. Appendix B contains the hourly count sheets. This table
shows that peak parking ratios for the three complexes were found to be as follows:
. The Fountains at Rancho Santa Margarita = 0.71 parking spaces/unit
. Terrace Gardens Apartments (Escondido) = 0.86 parking spaces/unit
. Morning View Terrace Apartments (Escondido) = 0.79 parking spaces/unit
LLG recommends that senior apartments provide 0.90 parking spaces/unit based on
this data. This recommended rate is slightly higher than the observed average of 0.79
spaces/unit to account for statistical variation and to provide a more conservative rate.
TRAFFIC GENERATION CHARACTERISTICS
According to the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th
Edition, an attached elderly housing project generates 3.48 Average Daily Trips (ADT)
per unit with 0.07 and 0.10 trips per unit during the AM and PM peak hours,
respectively. The description of "Elderly Housing - Attached" according to the ITE
manual is as foliows:
"Elderly housing (attached) - restricted to senior citizens - contains residential units
similar to apartments and condominiums, and is sometimes a self-contained village.
They may also contain special services such as medical facilities; dining facilities; and
some, limited, supporting retail facílites. "
.
The above description does not apply directly to the "active senior apartment" land use
-;--___~=Jn question, since active senior apartments do not provide medical faCilities, dining
facilities or retail facilities on-site. Furthermore, the ITE generation-rate for "Elderly,,~,-
Housing - Attached" is based on one observation. Finally, data for the ITE rate was
collected in the 19BOs and 1990s. Given these facts, LLG conducted additional studies
to determine a trip generation .rate that applied specifically to active senior apartments.
E N GIN E E R 5
LLG conducted a three day traffic count at The Fountains at Rancho Santa Margarita
project on August 24 - 26, 1999. At the time of the counts, 165 units were occupied.
Table 3 shows the results of this count. Appendix C contains the machine counts.
This table shows that this senior apartment complex was calculated to generate 4.13
ADT per unit (682 ADT/165 units) with 0.12 inbound/0.13 outbound and 0.21
inbound/O,19 outbound trips per unit during the AM and PM peak hours, respectively.
Since these rates were calculated from existing active senior apartment complexes
using recent data, it is recommended that this traffic generation data be utilized to
assess the potential traffic impacts of other senior apartment projects.
CONCLUSIONS
The "active" senior apartment land use is unique in terms of traffic analysis in that it is
physically similar in terms of size and construction to a typical apartment complex. yet is
restricted to occupants who meet a minimum age requirement (generally 55 or 62).
Residents in active senior apartments are mobile and self-sufficient and do not require
specific on-site services such as medical care or dining facilities, etc. A relatively small
percentage of the residents are employed (about 6%). In terms of traffic, active senior -
apartments differ from typical apartments in that fewer residents work (resulting in less
peak hour trips), and fewer residents own cars (resulting in less daily traffic, or ADT on
the roadways). With regards to parking demand, residents in active senior apartments
are less likely to own a vehicle and less likely to have multiple vehicles, resulting in less
required parking.
Currently there is a deficit of published data regarding the specific parking demand and
traffic generation rates for active senior apartments. "Typical" apartment rates are too
high while congregate care/assisted living rates are to low. LLG has collected traffic
generation and parking data, and from this data, the following rates are recommended.
PARKING
0.90 parking spaces per unit
- ---, -, --_.~-..~~ -"..,.., 1.ln,,-,
W~q~,~ ØØ0~-SL-E
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TRAFFIC GENERATION
----=-~~-, - ,-'-',~~"~'"--~- ,-,' ---'--
4.13 ADTperunìt
0.12ihbound/0.1Soutbound AM peak hour trips per unit
0.21 inbound/G. 19 outbound PM peak hour trips per unit
951 ,rpt
I
Minimum Ag~J<>r-~ibilltv 62 62 62 62 55 62 62 55 62 62 62 65 65 55, 62 55 55 62 62 55 65 65 55 62 62 60.5
~A.g~ol Residents 82 65 80 70 89 73 75 65 85 70 83 80 85 80 78 72, 88 87 77 73 80 82 62 75 76 75.7
Number 01 Units 85 90 100 70 207 186 BO 82 72 75 50 102 134 60 171 108 110 203 203 28 200 119 90 150 210 119.4
Averaae Dailv Emolovees
7 6 7 2 3 4 2 2 4 4 10 11 13 7 12 4 3 4 15 1 20 13 4 3 4 6.6
Avera"e Danv DeliverieS 2 3 1 1 '3 9 1 3 1 10 3 2 3 2 2 4 2 10 2 3 3 2 1 2 2 3.1
Averaae Dailv Visitors 25 30 17 13 60 80 23 10 12 20 20 18 30 30 5 4 50 23 - 26.1
~ntage 01 Worklna Residenls 1 5 0 5 22 5 3 20 0 0 0 0 0 1 2 10 25 0 10 20 0 0 15 5 2 6.0
~;, of Vehicle OWners 28 30 60 70 ,85 36 60 80 5 32 2 10 30 35 50 62 90 20 48 80 10 30 75 20 30 43.1
I
(.) Unknown
ReIer 10 Appendix A lor survey localions and results.
TABI.953
3/15100
MAXIMUM
SPACES
OCCUPIED
OCCUPIED I CALCULATE, D
APARTMENTS PARKING,:
RATIO;
~I
TABLE 2
ACTIVE SENIOR APARTMENT
PARKING RATIOS
LOCATION
DATE
The Fountains at Rancho Santa Margarita
8/24/99
Terrace Gardens Apartments (Escondida)
12/14/99
12/15/99
Morning View Terrace Apartments (Escondida)
12/14/99
12/15/99
117
165
0.71
253
250
186
181
317
317
212
212
0.79
0.78
0.87
0.85
NOTES: Parking counts were conducted at one-hour intervals from 10:00 AM. to 7:00 PM and again in the
middle 01 the night.
The Calculated Parking Ratio isshown as spaces/occupied unit.
ReIer to Appendix 8 for Manual Count Sheets;
Tab2.951
3/15/00
TABLE 3
ACTIVE SENIOR APARTMENT
DRIVEWAY TRAFFIC SUMMARY
THE FOUNTAINS AT RANCHO SANTA MARGARITA
'"
~II'.
:1
DATE ADT AM PEAK HOUR PM PEAK HOUR I
INBOUND OUTBOUND INBOUND OUTBOUND
37 )
8/24/99 679 20 20 28 !
8/25/99 642 22 24 33 30
8/26/99 725 14 20 31 39
AVERAGE 682 19 ' 32 34 32
Source: 24-hour tube counts conducted at The Fountains at Rancho Santa Margarltâ. Santa. Margarita, California.
, Based on 165 occupied units, '
Refer to Appendix C for Machine Counts.
TRIP GENERATION CALCULATIONS
Average Daily Traffic Rate: 682 ADT + 165 units = 4.13 trips/unit
AM peak hour trips: 19 inbound trips + 165 units = 0.12 Inbound trips/unit
21 outbound trips + 165 units = 0.13 outbound trips/unlt
PM peak hour trips: 34 Inbound trips + 165 units = 0.21 inbound trips/unit
32 outbound trips + 165 units = 0.19 outbound trips/unit
Tab3.951
3/15/00
Appendix E
Fountain Glen Properties, LLC
Senior Apartment Parking Study
Developed
I
FOUNTAINGLEN
PROPERTIES, u.C,
Senior Apartment Parkin , Study
nm FOUNTAINS AT
ANAHEIM HILLS
~
THE FOUNTAINS AT
GREENHAVEN
~
THE FOUNTAINS AT
LAGUNA WOODS
~
THE FOUNTAINS AT
MORNING VIEW
~
THE FOUNTAINS AT
RANCHO SANTA MARGARITA
Ra.". r_taMnrprila
THE FOUNTAINS AT
SUNNYSIDE
~
THE FOUNTAINS AT
TEMECULA. PHASE I
'IuttmJ/I1
TH";FOUNTAINSAT
TERRACE GARDENS
~
THE FOUNTAINS AT TYLER
J!iJmiJk
Units:
259
t66
140
326
166
164
244
225
273
# af Soacea:
379
189
119
350
t82
112
280
272
286
Tota!#ofuIlÌi'
2169
Tota!# GfSp","
1963
cant..,
TolaiRan,
IUria
t.46
1.t4
0.85
1.07
1.10
0.68
1.15
1.2t
1.05
1,10
Under-develøpment
I
FOUNT,AINGLEN
PROPERTIES, LLc.
THE FOUNTAINS AT
HUNTINGTON BEACH
H.NIi'1 /MI B..dJ
THE FOUNTAINS AT
LAGUNA NIGUEL
~
THE FOUNTAINS AT
PASADENA
~
THE FOUNTAINS AT
RANCHO CUCAMONGA
R.n<h, e."mo'«l'
THE FOUNTAINS AT
STEVENSON RANCH
~
TI-IE FOUNTAINS AT
TEMECULA - PHASE II
'ImuøIItl
THE FOUNTAINS AT
VALENCIA
J:øiImiß
Units
271
190
98
216
272
t02
226
# of Spaces
271
228
86
253
TBD
B4
262
1'o/al#.r.niJ¡
-
1'o/al# Of Spa'"
/375
1'Ðtal&1¡¡Ð
Ratio
1.00
1.20
0.88
1.17
TIP
1.31
1.16
---
ATTACHMENT E
APPLICANT'S REQUEST SUBMITTED FEBRUARY 14, 2005
Villages of Columbus
Proposed Modifications to Conditions of Approval
for
Columbus Grove and Columbus Square
Affordable Housing Phasing:
Resolution 3946 Condition 2.2 and 2.4
Resolution 3952 Condition 2.3
Res. 39462.2 and Res. 39522.3 The developer shall make diligent good faith efforts to
develop, market and sell affordable homes in the project area in approximately the same
proportion to the fair-market homes in the project area. The developer shall provide an
annual report to the Director of Community Deve/opment, which documents the number
of building permits pulled, started and closed for the previous year for both affordable
and fair-market homes and a projection for the following 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 affordable and market-rate homes from the approved plan, the
Director of Community Development may require a written plan explaining how the
developer will make provisions to proportionately develop, sell and close affordable and
market-rate homes. If the Director of Community Development is not satisfied with the
progress of the affordable program, she may refer the annual report back to the
Planning Commission for further direction.
Res. 39462.4 Developer 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 developer
will continue to provide the homes. The developer requests that this condition be
deleted.
Senior Housing Phasing
Resolution 3952 Condition 2.2
Delete 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 developer
shall make diligent good faith efforts to develop the senior community no later than 24
months from approval of the Tentative Tract Map. To this end, the developer shall
submit a Concept Plan Review for the senior program within 12 months of Tentative
Tract Map approval. The Concept Plan Review shall show proposed building types,
footprints, elevations, materials and floor plans. In additional a/I site work shall be
shown including landscape areas, parking, access, trash, fire lanes, amenities and
recreation facilities. A detailed statistical table shall a/so be provided in addition to any
other requirements of the City. Affordable housing units must also be delineated as well
as a phasing plan showing how the affordable homes 111'111 be developed in substantially
equal proportion to the market rate homes in the development. If any deviation from
City standards is proposed for parking, a Conditional Use Permit shall be required
including documentation that justifies a reduction in parking. Architecturally, the senior
deveiopment shall comolement the architecture af the surrounding residential
neighborhooa:: inclUding archiœcrura/ stvie!' anD' derai!s, '
1013
Construction Phasing
Resolution 3946 Condition 2.1
Resolution 3952 Condition 2.5
Delete and replace with "Construction phasing shall be in accordance with Sheet CP-8 &
CP-9 (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 (ie. Drives
within condominium projects) and utilities shall be constructed at the time of project
development.
Tustin Legacy Backbone Infrastructure Improvements
Resolution 3946 Conditions 3.10, 3.10 L, 4.1, 4.2, 6.1 E,
Resolution 3952 Conditions 3.1, 4.1, 4.2 and 11.2
Add to the end of each condition "The developer shall construct Tustin Legacy backbone
infrastructure improvements as required in these conditions of approval. 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 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. "
Resolution 3946 Findings I on page 2
Delete the last sentence.
Resolution 3946 Condition 4.2
Delete the last sentence.
Tustin Legacy Backbone Infrastructure Improvements
Resolution 3946 Conditions 1.13 and 1.14
Resolution 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 developer 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
Resolution 3943, Exhibit A, Item U
Resolution 3946 Conditions 12.1, 12.2 and 13.2
Resolution 3952 Conditions 12.1, 12.2 and 13.2
12.1 and 12.2 Delete condition and replace with "Developer shall receive full credit for
all public parkland over 1 acre and for all improvement costs related to the development
of the park sites for park use. "
13.2 Delete the word "fees" and replace with "bond':
2 of3
Architecture:
Resolution 3947 Conditions 7.1. through 7.9 and
Resolution 3953 Conditions 7.1 through 7.9
7.1-7.5 The architecture submitted as part of this design review application meets the
conditions identified as 7.1-7.5. The design review application demonstrates cohesive
architectural styles throughout the community, colors and material selections, enhanced
elevations for locations as identified by city staff. Future architectural submittals to the
building department will be consistent with this design review application. Therefore,
we believe these conditions have been satisfied and further discretionary review by the
Community Development Department is unnecessary.
7.6-7.9
These issues will be addressed during the subsequent submittals for each of
the individual products. As a reminder, the master color and materials
palette is the foundation for all the homes within the community.
3013
ATTACHMENT F
PUBLIC WORKS DEPARTMENT MEMORANDUM (FEBRUARY 16, 2005)
Inter-Com
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 a non-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 City 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 6.1 E 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 6.1 E relates to the improvements to Peters Canyon
Channel adjacent to Parcel 36, which are non-backbone improvements. Therefore,
Condition 6. 1 E 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. 05-38, 05-40 AND ORDINANCE 1297
RESOLUTION NO. 05-38
A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING
THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT/FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND
REUSE OF MCAS TUSTIN (UFEIS/FEIR") IS ADEQUATE TO SERVE
AS THE PROJECT EISIEIR FOR ZONE CHANGE 04-003, TENTATIVE
TRACT MAP 16581, CONCEPT PLAN 03-003, DESIGN REVIEW 04-
006, THE AFFORDABLE HOUSING PLAN AND DENSITY BONUS
APPLICATION, AND THE REQUEST TO TRANSFER AFFORDABLE
HOUSING UNITS FROM PLANNING AREAS 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.
The City Council of the City of Tustin does hereby resolve as follows:
II.
A.
That Zone Change 04-003, Concept Plan 03-003, Tentative Tract Map
16581, Design Review 04-006, the "Affordable Housing Plan and Density
Bonus Application," and the request to transfer affordable housing units
from Planning Areas 4 and 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/FEIR 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 4 and Planning Area 5.
C.
That an initial study checklist, attached as Exhibit A hereto, was prepared
to evaluate the potential impacts associated with the Project. The initial
study checklist demonstrates that all potential environmental impacts of
the Project were addressed by the certified FEIS/EIR, no additional
impacts have been identified, and all applicable mitigation measures in the
FEIS/EIR will be implemented through the Mitigation Monitoring Program
for the Project (Attachment 2 of Exhibit A) or as conditions of approval of
the Project.
The Planning Commission hereby recommends that the City Council find that
the project is within the scope of the previously approved Program FEIS/FEIR
and that pursuant to Title 14 California Code of Regulations Section 15168 (c)
and 15162, no new effects could occur, and no new mitigation measures
Resolution No, 05-38
Page 2
would be required, Accordingly, no new environmental document is required
by CEQA.
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)
CITY OF TUSTIN )
SS
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. 03-38 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. 05-38
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 StatementlEnvironmental Impact Report (EISIEIR)
for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin
This checklist and the following evaluation of environmental impacts (Attachment I to Exhibit A of Resolution
No. 3949) takes into consideration the preparation of an environmental document prepared at an earlier stage of
the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to
Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines.
A.
BACKGROUND
Project Title(s):
Development of 1,077 residential units in Planning Area 4 and 5
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 4 and 5, MCAS- Tustin Specific Plan, bounded by the Edinger
Avenue on the north, North Loop Road on the south, existing industrial business
park on the west, and West connector 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 4
Medium Density Residential, Planning Area 5
Project Description: Approval of Concept Plan 03-003, Tentative Tract Maps 16581, Design Review
04-006, Specific Plan Amendment/Zone Change 04-003 (MCAS Tustin disposition parcels 23 & 24) for
the purpose of developing 1,077 residential units including eighty-four (84) single family detached units,
199 carriage way units, 552 multiple family residential units and a senior housing project with 242 units.
The project also includes a density bonus to construct 182 additional units and a request for transfer of a
portion of affordable housing units trom Planning Area 21 and Planning Area 4 to Planning Area 5.
Surrounding Uses:
North: Edinger Avenue, self-storage and retail uses and residential uses
East: Vacant - MCAS Tustin Planning Area 7 - Village Service (retail uses)
South: Vacant - MCAS Tustin Planning Area 6 - Urban Regional park
West: Industrial Business Park - Industrial Zoning (M)
Previous Environmental Documentation: Program Final Environmental Impact
Statement/Environmental Impact Report (Program FEIS/EIR) for the Disposal and Reuse of Marine
Corps Air Station (MCAS) Tustin (State Clearinghouse #94071005) certified by the Tustin City Council
on January 16,2001.
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.
OLand Use and Planning
OPopulation and Housing
OGeology and Soils
OHydrology and Water Quality
OAir Quality
OTransportation & Circulation
OBiological Resources
OMineral Resources
OAgriculturai Resources
OHazards and Hazardous Materials
ONoise
OPublic Services
OUtilities and Service Systems
OAesthetics
OCultural Resources
ORecreation
OMandatory Findings of
Significance
C. DETERMINATION:
On the basis of this initial evaluation:
0 I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
0 I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECLARATION will be prepared.
0 I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
0 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one
effect I) 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, ifthe effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated."
An ENVIRONMENTAL IMP ACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
[;8J 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.
0 I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project.
-~~ ~
Preparer: =--- >'----C~
Minoo Ashabi, Assoc¡a: e Planner
a&4d ~~I
Elizabeth A. Binsack, Community Development Director
Date:
¡. /3.0S-
Date /- / ~ '¿/õ
D. EVALUATION OF ENVIRONMENTAL IMPACTS
See Attached
EVALUATION OF ENVIRONMENTAL IMPACTS
No Substantial
New More Change From
Significant Severe Previous
I. AESTHETICS - Would the project: Impact Impacts Analysis
a) Have a substantial adverse effect on a scenic vista? 0 0 ~
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway? 0 0 ~
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? 0 0 ~
d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area? 0 0 ~
II. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept of
Conservation as an optional model to use in assessing impacts
on agriculture and farmland, Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use? 0 0 ~
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? 0 0 ~
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? 0 0 ~
III. AIR OUALITY: 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? 0 0 ~
b) Violate any air quality standard or contribute substantially
to an existing or projected air quality violation? 0 0 ~
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)? 0 0 ~
d) Expose sensitive receptors to substantial pollutant
concentrations? 0 0 ~
e) Create objectionable odors affecting a substantial number
of people? 0 0 ~
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 ofFish and Game or V.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 ofFish and Game or V.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan?
V. CULTURAL RESOURCES: - Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in § 15064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to § 15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
VI. GEOLOGY AND SOILS: - Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
New
Significant
Impact
No Substantial
Change From
Previous
Analysis
More
Severe
Impacts
0
0
~
0
0
~
0
0
~
0
0
~
0
0
~
0
0
~
0 0 ~
0 0 ~
0 0 ~
0 0 ~
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42, D D l'8J
ii) Strong seismic ground shaking? D D l'8J
iii) Seismic-related ground failure, including liquefaction? D D l'8J
iv) Landslides? D D l'8J
b) Result in substantial soil erosion or the loss of topsoil? D D l'8J
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result ofthe project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse? D D l'8J
d) Be located on expansive soil, as deemed in Table 18-I-B
of the Uniform Building Code (1994), creating substantial
risks to life or property? D D l'8J
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems where
sewers are not available for the disposal of waste water? D D l'8J
VII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal of
hazardous materials? D D ~
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment? D D ~
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 D l'8J
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? D D l'8J
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a
public airport or public use airport, would the project result in
a safety hazard for people residing or working in the project
area? D D ~
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people residing
or working in the project area? D D l'8J
No Substantial
New More Change From
Significant Severe Previous
g) Impair implementation of or physically interfere with an Impact Impacts Analysis
adopted emergency response plan or emergency evacuation
plan? D D í8J
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where residences
are intermixed with wildlands? D D í8J
VIII. HYDROLOGY ANDWATEROUALITY: - Would
tbe project:
a) Violate any water quality standards or waste discharge
requirements? D D í8J
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 ofthe local
groundwater table level (e.g., the production rate of pre-
existing nearby wells would drop to a level which would not
support existiog laod uses or planned uses for which permits
have been granted)? D D í8J
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in substantial
erosion or siltation on- or off-site? D D í8J
d) Substantially alter the existing drainage pattern ofthe 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? D D í8J
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? D D í8J
f) Otherwise substantially degrade water quality? D D í8J
g) Place housing within a IOO-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map? D D í8J
h) Place within a IOO-year flood hazard area structures
which would impede or redirect flood flows? D D í8J
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding as a result of the failure of a
levee or dam? D D í8J
j) Inundation by seiche, tsunami, or mudflow? D D í8J
IX. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community? D D í8J
No Substantial
New More Change From
Significant Severe Previous
b) Conflict with any applicable land use plan, poticy, or Impact Impacts Analysis
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? 0 0 ~
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan? 0 0 ~
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the residents
of the state? 0 0 [8J
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? 0 0 ~
XI. NOISE-
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies? 0 0 ~
b) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels? 0 0 [8J
c) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project? 0 0 [8J
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project? 0 0 [8J
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a
public airport or public use airport, would the project expose
people residing or working in the project area to excessive
noise levels? 0 0 [8J
t) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in the
project area to excess noise levels? 0 0 [8J
XII. POPULATION AND HOUSING - Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)? 0 0 [8J
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? 0 0 ~
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? D D ~
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
perfonnance objectives for any ofthe public services:
Fire protection? D 0 [8]
Police protection? D D ~
Schools? 0 0 [8]
Parks? 0 0 [8]
Other public facilities? D D ~
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? 0 0 [8]
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? D D ~
XV. TRANSPORT A nON/TRAFFIC - Would the project:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity ofthe street system
(Le. result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)? 0 0 [8]
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways? D D ~
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results
in substantial safety risks? D D ~
d) Substantially increase hazards due to a design feature (e.g,
sharp curves or dangerous intersections) or incompatible uses
(e.g" farm equipment)? 0 0 [8]
e) Result in inadequate emergency access? D 0 [8]
f) Result in inadequate parking capacity? 0 0 [8]
No Substantial
New More Change From
Significant Severe Previous
Impact Impacts Analysis
g) Contlict with adopted policies, plans, or programs
supporting alternative transportation (e,g" bus turnouts,
bicycle racks)? 0 0 ~
XVI. UTILITIES AND SERVICE SYSTEMS ~
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? 0 0 ~
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? 0 0 ~
c) Require or result in the construction of new stonn water
drainage facitities or expansion of existing facilities, the
construction of which could cause significant environmental
effects? 0 0 ~
d) Have sufficient water supplies available to serve the
project ftom existing entitlements and resources, or are new or
expanded entitlements needed? 0 0 ~
e) Result in a detennination 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? 0 0 ~
t) Be served by a landfill with sufficient pennitted capacity
to accommodate the project's solid waste disposal needs? 0 0 ~
g) Comply with federal, state, and local statutes and
regulations related to solid waste? 0 0 ~
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? 0 0 ~
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)? 0 0 ~
c) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly? 0 0 ¡g
ATTACHMENT 1 TO EXHIBIT A OF RESOLUTION NO. 05-38
EVALUATION OF ENVIRONMENTAL IMPACTS
CONCEPT PLAN 03-003, SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-003,
TENTATIVE TRACT MAP 16581, DESIGN REVIEW 04-006,
AFFORDABLE HOUSING PLAN AND DENSITY BONUS AND TRANSFER OF
AFFORDABLE UNITS
(MCAS TUSTIN REUSE DISPOSAL PARCELS 23 & 24)
PLANNING AREA 4 & 5 - MCAS TUSTIN SPECIFIC PLAN
BACKGROUND
The fonner 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 fonner 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 law regarding the homeless.
In accordance with the provisions of the National Environmental Policy Act ("NEPA") ofl969, as
amended, and the California Environmental Quality Act ("CEQA"), the federal government and
City prepared a Joint Final Program Environmental Impact StatementlEnvironmental Impact
Report for the Reuse and Disposal of MCAS Tustin. On January 16, 2001, the City of Tustin
certified the Final Joint Program Environmental Impact StatementlEnvironmental Impact Report
for the disposal and reuse of MCAS-Tustin (referenced as FEISÆIR 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 105.5 acres (gross) within Planning Areas 4 and 5 of the MCAS
Tustin Specific Plan and bounded by the Edinger A venue on the north, North Loop Road on the
south, existing industrial park on the west, and West connector on the east. Access to the site is
provided mainly from Edinger Avenue
The proposed project would develop 1,077 residential units as follows:
84 single family detached units
199 carriage way units
552 multiple family residential
242 units (senior housing project)
Total 1,077 units
The project also includes a request for a density bonus to construct 63 additional units in
Planning Area 4 and 119 units in Planning Area 5 for a total of 182 units. In addition, since
Planning Area 4 and 21 are intended for low density development, the applicant has requested to
transfer twenty-five (25) of the required units for Very Low and Low income families from
Planning Area 21 to Planning Area 5 and eight (8) of Very Low and Low income units and
fourteen (14) of the Moderate income units from Planning Area 4 to Planning Area 5, which
allows medium density development.
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environrnental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 2
In accordance with the requirements of the MCAS Tustin Specific Plan Section 3.4.2.0 and
3.4.3.H a total of241 affordable units would be required as follows:
Planning Affordable Units RHNA Total Required
Area (15%)
PA4 16 Very Low 16 Very Low
10 Low 38 Low 48 Low
IS Moderate IS Moderate 3 I Moderate
Total = 41 Total = 53 Total = 94
PAS 37 Very Low 37 Very Low
22 Low 38 Low 60 Low
34 Moderate 16 Moderate 50 Moderate
Total = 93 Total = 54 Total = 147
Total 134 107 241
The project includes development of 6.33 acres of parkland recreational sites including 3.66
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 sites would be provided by public access
easements in perpetuity from two entry points to the site with recordation of an easement on
Tentative Tract Map 16581. A portion of the site would also include private amenities available
to the residents of the development.
As part of the analysis of the MCAS Tustin FEISÆIR for the MCAS Tustin Specific Plan,
Planning Area 4 was identified as a Low Density Residential (LOR) site, with a development
potential of 1-7 dwelling units per acre and Planning Area 5 was identified as a Mediwn Density
Residential (MDR) site, with a development potential of 8-15 dwelling units per acre. There
were a total of 274 military housing units within Planning Area 4 (Table 3-1, MCAS Tustin
Specific Plan). These units were in dilapidated and have been demolished.
In accordance with Table 3-2 of MCAS Tustin Specific Plan, Planning Area 4 includes 43.3 net
acres with potential development of 304 maximwn units at 7 units per acre that was considered
for the FEIS/EIR analysis. However, the Planning Area 4 site includes only 39.1 net acres
(adjusted with adjustment of Severyns Road), and therefore potential for a maximwn of 274
units. In addition a density bonus is requested for 63 additional units that would increase the
density to 8.62 dwelling units per acre.
In accordance with Table 3-2 of MCAS Tustin Specific Plan, Planning Area 5 includes 4I.I net
acres with potential development of 621 maximwn units at IS units per acre. The proposed
development includes 42.2 net acres (modified with adjustment of Severyns Road), and therefore
potential for a maximum of 633 units. In addition a density bonus is requested for I 19 additional
units more than the 633 maximwn units based on the net area of the site that would increase the
density to 17.54 dwelling units per acre.
Attachment 1 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 3
The project includes 152 additional units more than the analysis included in the FElS/ElR for
number of units in Planning Area 4 and Planning Area 5. Potential impact on the increased
number of units will be discussed in each category.
All related environmental impacts of such development were addressed in the FEIS/ElR and
implementation and mitigation measures were incorporated into the MCAS Tustin Specific Plan,
which are included in the DDA or with 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. 3949).
The following information provides support for the conclusions identified in the Environmental
Analysis Checklist.
I.
AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or quality of the site and its
surroundings?
d) Create a new source of substantial light or glare, which would adversely affect
day or nighttime views in the area?
The project is not located on a scenic highway nor will it affect a scenic vista. The project
would be consistent with the permitted uses identified within the MCAS Tustin Specific
Plan. Development of low-density and medium-density residential units within Planning
Areas 4 and 5 were considered within the FElS/ElR and will have no negative aesthetic
effect on the site when mitigation measures identified in the FElS/ElR 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
Edinger Avenue, North Loop Road, and West Connector, 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 hannony with surrounding uses. All exterior lighting would
be designed to reduce glare, create a safe night environment, and avoid impacts to
surrounding properties in compliance with Section 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
FElS/EIR.
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:
FElS/ElR for Disposal and Reuse of MCAS Tustin
MCAS Tustin Specific Plan (Pages 2-37 to 2-54)
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, IT 16581, DR 04-006
Page 4
Tustin Security Ordinance
Tustin General Plan
II,
AGRICULTURE RESOURCES: In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
c) Involve other changes in the existing environment which, due to their location or
nature, could result in conversion 'of Farmland to non-agricultural use?
As documented in the FEISÆIR, the project site is part of MCAS Tustin Reuse Plan that
contained 702 acres of farmland. The FEISÆIR concluded that there would be no viable
long-term mitigation to off-set the impact of converting farmland on MCAS Tustin to urban
uses.
Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEISÆIR. However, the FEISÆIR also concluded that
Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A
Statement of Overriding Consideration for the FEISÆIR was adopted by the Tustin City
Council on January 16, 2001.
Sources:
Field Observations
FEISÆIR for Disposal and Reuse of MCAS Tustin (Page 3-37 to 3-54)
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?
Attachment 1 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 5
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 FEISÆIR, the project is part of larger project that was projected to
resuJt in air quality impacts. A Statement of Overriding Consideration for the FEISÆIR was
adopted by the Tustin City Council on January 16, 2001. Since the project will construct
only 152 additional units more than analysis in the FE1SÆ1R, which is below the threshold
established for air quality impact for residential development (Table 6-2, 1993 South Coast
Air Quality Management District, CEQA Air Quality Handbook) no significant impact
beyond what was analyzed in the adopted FE1SÆ1R is anticipated.
Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEISÆIR. However, the FE1SÆIR also concluded that
Reuse Plan related operational air quality impacts were significant and impossible to fully
mitigate. A Statement of Overriding Consideration for the FE1SÆIR was adopted by the
Tustin City Council on January 16, 2001.
Sources:
Field Observations
FE1SÆ1R 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 3-38 through 3-54)
Table 6-2, 1993 South Coast Air Quality Management District, CEQA Air
Quality Handbook
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 ofFish 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?
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 6
d) Interfere substantially with the movement of any native resident or migratory
fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional or state
habitat conservation plan?
The FEISÆIR 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 FEISÆIR for MCAS Tustin. The FEISÆIR detennined 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 ITom the analysis previously completed in the FEIS/EIR for
MCAS Tustin.
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Field Observations
FEISÆIR 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 3-38 to 3-54).
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?
A portion of the existing blimp pads are within the project site boundary that were identified
as part of a Discontiguous Historic District. The Navy, State Office of Historic Preservation
(SHPO), and Advisory Council executed Memorandum of Agreement (attached as part of
the EISÆIR) with City of Tustin and County of Orange as invited signatories allowed for
the destruction of the blimp pads. The EISÆIR noted that it may not be financially feasible
to retain the blimp hangers and there may be irreversible significant impacts. A Statement of
Overriding Consideration for the FEISÆIR was adopted by the Tustin City Council on
January 16, 2001.
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 7
Numerous archaeological surveys have been conducted at the fonner MCAS Tustin site. In
1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all
open spaces on MCAS Tustin had been adequately surveyed for archaeological resources.
Although one archaeological site (CA-ORA-381) has been recorded within the Reuse Plan
area, it is believed to have been destroyed. It is possible that previously unidentified buried
archaeological or paleontological resources within the project site could be significantly
impacted by grading and construction activities. With the inclusion of mitigation measures
that require construction monitoring, potential impacts to cultural resources can be reduced
to a level of insignificance. No substantial change is expected from the analysis previously
completed in the FEISÆIR for MCAS Tustin.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEISÆIR; these measures would be included as conditions of approval for
the project.
Sources:
Field Observations ,
FEISÆIR 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 3-38 to 3-54).
Tustin General Plan
VI.
GEOLOGY AND SOILS: - Would the project:
a) Expose people or structures to potential substantial adverse effects, including the
risk ofIoss, injury, or death involving:
.
Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist
for the area or based on other substantial evidence of a known fault? Refer
to Division of Mines and Geology Special Publication 42.
Strong seismic ground shaking?
.
.
Seismic-related ground failure, including liquefaction?
Landslides?
.
b) Result in substantial soil erosion or the loss oftopsoil?
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?
Attachment 1 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 8
The FEIS/EIR indicates that impacts to soils and geology resulting from implementation of
the Reuse Plan and MCAS Tustin Specific Plan would "include non-seismic hazards (such
as local settlement, regional subsidence, expansive soils, slope instability, erosion, and
mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground
shaking, ground failure and lurching, seismically induced settlement, and flooding
associated with dam failure." However, the FEIS/EIR for MCAS Tustin concluded that
compliance with state and local regulations and standards, along with established
engineering procedures and techniques, would avoid unacceptable risk or the creation of
significant impacts related to such hazards. No substantial change is expected for
development of the project from the analysis previously completed in the FEIS/EIR for
MCAS Tustin.
Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing
rules and regulations would avoid the creation of potential impacts. No mitigation is
required.
Sources:
Field Observations
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3-
97,4-115 through 4-123 and 7-28 through 7-29)
MCAS Tustin Specific Plan (Pages 3-38 to 3-54).
Tustin General Plan
VII.
HAZARDS AND HAZARDOUS MATERIALS: - Would the project:
a) Create a significant hazard to the public or the environment through the routine
transport, use or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonable
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites
compiled pursuant to Government code Section 65962.5 and, as a result, would it
create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles or a public airport or public use airport,
would the project result in a safety hazard for people residing or working in the
project area?
1) 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?
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, IT 16581, DR 04-006
Page 9
h) Expose people or structures to a significant risk ofloss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
The project will not create a significant hazard to the public through the transport, use, or
disposal of hazardous materials, nor are there reasonably foreseeable upset and accident
conditions at the property. In addition, construction and residential uses would not emit
hazardous emissions within a quarter mile of an existing or proposed school. There are four
sites that have been classified as hazardous waste sites; IRP-16, IRP -13W, IRP-13S and
UST-268. The FEISÆIR notes that these sites would be remediated to residential standards
prior to conveyance from the Navy. The applicant has indicated that IRP-16, which
underlies the main entry to the site and is part of phase I (model home) development has
been released from the Department of Navy and no further action is required on that site.
In addition, the project site is located within the boundaries of the Airport Environs Land
Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie
within a flight approach or departure corridor and thus does not pose an aircraft-related
safety hazard for future residents or workers. The project site is not located in a wildland
fire danger area. Compliance with all federal, state and local regulations conceming
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 FEISÆIR for MCAS Tustin.
Mitigation/Monitoring Required: As identified in the FEISÆIR, compliance with existing
rules and regulations would avoid the creation of potential impacts. No mitigation is
required.
Sources:
Field Observation
FEISÆIR 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 (Pages 3-38 through 3-54)
Finding of Suitability to Transfer (FaST), MCAS Tustin
Tustin General Plan.
VIII. HYDROLOGY AND WATER QUALITY: - Would the project:
Attachment 1 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 10
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?
1) Otherwise substantially degrade water quality?
g) Place housing within a tOO-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 tOO-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 1,077 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-tenn
impacts to hydrology and water quality are anticipated for the proposed project. The
proposed projects 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 I DO-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 Discharge Elimination System (NPDES) and
the implementation of specific best management practices (BMP). Compliance with state
and local regulations and standards, along with established engineering procedures and
techniques, would avoid unacceptable risk or the creation of significant impacts related to
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page II
such hazards. Consequently, no substantial change is expected trom 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 3-38 through 3-54)
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
fonner base, such as land use designations, zoning categories, recreation and open space
areas, 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 standards of Planning Areas 4 and 5 as they relate to Single Family
Residential Units and Multiple Family residential Units as noted in Sections 3.4.2 and 3.4.3
ofMCAS Tustin Specific Plan. New development standards were proposed for development
of the Carriage Way units that will be considered as a specific plan amendment. These units
are similar to the single family detached product with the exception of the rear yard setback
since access to the garage is proposed trom a rear alleyway. The new standard 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 ITom the analysis previously completed in the FEIS/EIR for MCAS
Tustin.
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.
Attachment 1 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 12
Sources:
Field Observation
FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3
to 4-13 and 7-16 to 7-18)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54).
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 FEISIEIR 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 ITom the analysis
previously completed in the FEISIEIR for MCAS Tustin.
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Field Observation
FEISIEIR for Disposal and Reuse of MCAS Tustin (Page 3-91)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54).
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?
Attachment 1 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 13
e) For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport,
would the project expose people residing or working in the project area to
excessive noise levels?
t) 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
FEIS/EIR indicates that full build-out of the base will create noise impacts that would be
considered significant if noise levels experienced by sensitive receptors would exceed those
considered "nonnally acceptable" for the applicable land use categories in the Noise
Elements of the Tustin General Plan. A noise analysis was prepared for the project site that
includes sensitive receptors along Edinger Avenue, ValenciaINorth Loop Road, and West
Connector Road. The noise analysis concludes that special building construction will be
required to achieve a 45 dB interior noise level for units along these areas. No substantial
change is expected ITom 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 standard 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 FEIS/EIR; these measures would be included as conditions of approval
for the project.
Sources:
Field Observation
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162,
4-231 to 4-243 and 7-42 to 7-43)
MCAS Tustin Specific Plan (Pages 3-38 through 3-54).
Tustin General Plan
XII.
POPULATION & HOUSING: Would the project:
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 14
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 1,077 new residential units on a site that included 274
existing 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 FEISÆIR for MCAS Tustin. The project will remove vacant
military housing units and include 155 additional units more than considered in the
FEISÆIR for MCAS Tustin. No substantial change is expected from the analysis
previously completed in the FEISÆIR for MCAS Tustin.
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Field Observations
FEISÆIR 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 3-38 through 3-54).
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 bikinglhiking trails.
Fire Protection. The proposed project will be required to meet existing Orange County
Fire Authority (OCF A) 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 areas surrounding the
site will meet the demands created by the proposed project.
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environrnental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page IS
Police Protection. The need for police protection services is assessed on the basis of
resident population estimates, square footage of non-residential uses, etc. Development of
the site would increase the need for police protection services. The developer as a condition
of approval for the project would be required to work with the Tustin Police Department to
ensure that adequate security precautions such as visibility, lighting, emergency access,
address signage are implemented in the project at plan check.
Schools. The proposed project is located within Tustin Unified School District (TUSD).
The implementation of the Reuse Plan would provide two 10-acre sites for elementary
schools and a 40-acre high school site to serve the growing student population within its
district. Based on the student generation factors of 0.29 per unit for grades K-5; 0.127
student per units for grades 6-8; 0.153 student per unit for grades 9-12, and the potential
of 2,585 dwelling units developed within the TUSD boundaries, the EIS/EIR noted that
reuse development would generate approximately 750 students for grades K-5, 328
students for grades 6-8, and 395 students for grades 9-12 for a total of 1,473 students.
The total number of units considered in the EIRIEIS for Planning Areas 4 and 5 was 925
units. The applicant is requesting approval of 152 additional units as part of a density
bonus request. The total number of residential units will be increased to 1,077 units and
the additional 152 units would generate 87 additional students (5.9% increase). As part of
development of Columbus Square, a senior housing project is also proposed that includes
242 units. Using the student factors noted above, if these units were developed as family
units, they would have generated 138 students. Therefore, with consideration of the
senior housing units, the overall number of students are anticipated to decrease by 51
students (138 - 87 = 51) from the total number of students considered in the FEIRIEIS
analysis.
The proposed density bonus units will not increase the potential number of students
considered by the certified FEIR/EIS. The TUSD will receive its statutory school impact
fees per Senate Bill 50 from both residential and commercial development. As a
condition of approval for the project, the developer will be required to pay applicable
school fees prior to issuance of the building pel1llit. In summary, no new additional
students are anticipated beyond what was considered in the FEIRIEIS for the Disposal
and Reuse of MCAS, Tustin, and in any event, City required mitigation is limited by
State law to requiring payment ofthe SB 50 school impact fees."
Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only
result in a library demand of up to approximately 2,500 square feet of library space. This
relatively small amount of space is well below the library system's general minimum size of
10,000 square feet for a branch library and would not trigger the need for a new facility.
General hnplementation 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.
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 16
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 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 3-38 through 3-54).
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 ofthe
facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities, which might have an adverse physical effect
on the environment?
The Reuse Plan provides for a new 84.5-acre Regional Park, a 24-acre Community Park and
three (3) Neighborhood Parks of more than five-acres, and five (5) community riding and
hiking paths through the property connecting to the regional bikeway/trail system, a
privately owned 159-acre golf course, play areas associated with schools, and child care
facilities.
Since the Reuse 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, pursuant to the MCAS Tustin Specific Plan, the developers are
required to provide in-lieu fees or public accessible park 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 park site would be included in the site. Consequently, no substantial change is
expected trom 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 Observation
FEISÆIR 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 3-38 through 3-54)
Tustin Parks and Recreation Services Department
Tustin General Plan
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 17
xv.
TRANSPORTATIONffRAFFIC: Would the project:
a) Cause an increase in traffic, which is substantial in relation to the existing traffic
load and capacity of the street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of service standard
established by the county congestion management agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that result in substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
The FEISÆIR 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 FEISÆIR
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 FEISÆIR
considered the traffic impact and developed a mitigation program to reduce potential
impacts to a level of insignificance. This site 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 FEISÆIR Implementation and Mitigation Measures (e.g., lane closures, street/utility
construction, construction vehicle traffic, etc.). The FEISÆIR 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 fÌom the analysis
previously completed in the approved FEISÆIR for MCAS Tustin.
Based upon the Traffic Study for Colwnbus Square (PA-4 and PA-5), the traffic
generation identified for the 1,077 units is less than the Trip Budget identified in the
Specific Plan. The proposed project ADT is decreased by 726 trips (compared with the
Trip Budget) with the proposed development. 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 FEISÆIR; these measures would be included as conditions of approval for
the project.
Attachment I of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 18
Sources:
Field Observation
FEISÆIR 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 3-38 through 3-54).
Tustin General Plan
XVI.
UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board?
b) Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects?
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?
1) 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 FEIRÆIR analyzed low-density and medium 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 design and construction of full width improvements on
Severyns Road; curb and gutter on project entries at Valencia Loop Road/Lot P and West
Connector Road/Lot T; sidewalk and curb ramps along both sides of Severyns Road, the
south side of Edinger Avenue, north side of Valencia North Loop Road, and west side of
West Connector Road; stonn drain, domestic water, reclaimed water, sanitary sewer, and
dry utility service systems necessary to serve the site, landscape and irrigation on
Severyns Road, on the south side of Edinger A venue and on the Edinger A venue median,
on the north side of Valencia North Loop Road and on the west side of West Connector
Road; and traffic signals at Valencia North Loop Road/Lot P and West Connector
Road/Lot T. 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.
Attachment 1 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 19
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin
City CoW1cil 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 3-38 through 3-54).
Tustin General Plan
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually limited but cumulatively
considerable? ("Cumulatively considerable" means that the incremental effects
of a project are considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of probable future
projects.)
c) Does the project have environmental effects, which will cause substantial
adverse effects on human beings, either directly or indirectly?
Based upon the foregoing, the proposed project does not have the potential to degrade the
quality of the environment, substantially reduce the habitats or wildlife populations to
decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of
FEIS/EIR mitigation and implementation measures approved by the Tustin City CoW1cil,
the proposed project does not cause unmitigated environmental effects that will cause
substantial effects on human beings, either directly or indirectly. In addition, the proposed
project does have air quality impacts that are individually limited, but cumulatively
considerable when viewed in connection with the effects of the reuse and redevelopment of
the fonner MCAS Tustin. The FEIS/EIR previously considered all environmental impacts
associated with the implementation ofthe Reuse Plan and MCAS Tustin Specific Plan. The
project proposes no substantial changes to environmental issues previously considered with
adoption of the FEIS/EIR. Mitigation measures were identified in the FEIS/EIR to reduce
impact but not to a level of insignificance. A Statement of Overriding Consideration for the
FEIS/EIR was adopted by the Tustin City CoW1cil 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 of Exhibit A of Resolution No. 05-38
Evaluation of Environmental Impacts
Concept Plan 03-003, TT 16581, DR 04-006
Page 20
Plan. Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR
and would be included in the project as applicable.
Sources:
Field Observations
FEISÆIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11)
Reuse Plan and MCAS Tustin Specific Plan (Pages 3-144 through 3-154).
Tustin General Plan
CONCLUSION
The swnmary concludes that all of the proposed project's effects were previously examined in the
FEISÆIR 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 FEISÆIR on January 16, 2001 and shall apply to the proposed
project, as applicable.
S:ICddIMINOOIMCAS TustinIPlanning Area - Lennar& William LyonlColumbus SquarelColumbus Square-Initial Study-
analysis, doc
ATTACHMENT 2 TO EXHIBIT A OF RESOLUTION NO. 05-38
PLANNING AREA 4 & 5 OF MCAS TUSTIN SPECIFIC PLAN
MARBLE MOUNTAIN PARTNERS LLCI TRACT 16581
Mitigation and Implementation Measures
The Final EISÆIR for the Disposal and Reuse of MCAS Tustin considered the redevelopment of the entire former base as proposed in the approved specific plan.
The following identities only those EIR/EIS mitigation and implementation measures that are required of the proposed project as identified in the "Environmental
Checklist." All other mitigation/implementation measures identified in the final EISÆIR are not applicable to this project.. Implementation measures are to be
required where environmental impacts are less than significant, but to support proposed development within the reuse plan area. Both implementation and
mitigation measures are identified in the adopted Mitigation and Monitoring Report Program (Resolution No. 00-090) and are equally enforceable.
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
Implementation Measures for Utilities
(a) The City of Tustin or City of Irvine, as appropriate, shall
ensure Ibat infrastructure is constructed in phases as Per Table 4.3-1 of the Mitigation City Public Works Department
triggered by identified threshold in Table 4.3-1. The Monitoring Program and Community
Phasing Plan provides an organizational framework to Redevelopment Agency
facilitate development oflbe reuse plan area in tandem The project complies with
with infrastructure necessary to support Ibe planned phasing requirements; all
subdivision infrastructure
development. This framework reflects the fact that each will be provided by the
component oflbe infrastructure has its own threshold for applicant as conditioned
accommodating additional development toward built-out by Resolution Nos. 3952
oflbe reuse plan area. The triggering mechanisms that and 3953
identity timing of key infrastructure provisions are
summarized in Table 4.3-1.
(b) Prior to a final map recordation (except for fmancing and Prior to final map recordation Project developer Community Development
reconveyance purposes), the development applicant shall (except for fmancing and Department (Tustin and/or
enter into an agreement willi Ibe City of Tustin and City reconveyance purposes), Resolutiou No. 3952 Irvine, as applicable)
of Irvine and any appropriate regional utility agencies,
Attachment 2 of Exhibit A of Resolution No, 05-38
Mitigation Monitoring and Reporting Program
Measure> Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
districts, and providers, as applicable, to dedicate all
easement, rights-of-way, or other land determined
necessary to construct adequate utility inftastructure and
facilities to serve the project as determined by the city,
agency, district, or other providers.
(c) Prior to any final map recordation (except for fmancing Prior to final map recordation Project developer Community Development
and conveyance purposes), the development applicant (except for financing and Resolution No. 3952 Deparbnent (Tustin andlor
shall enter into a secured agreement with the cities of reconveyance purposes). Irvine, as applicable)
Tustin andlor Irvine, as applicable, to participate on a
pro-rated basis in construction of capital improvements
necessary to provide adequate utility facilities,
(d) Prior to the issuance of permits for any public Prior to the issuance of permits Project developer Community Development
improvements or development project, a development for any public improvements or Deparbnent (Tustin andlor
applicant shall submit to the City of Tustin and City of development project Provided with Irvine, as appropriate)
Irvine, as applicable, information from IRWD which Development Application
outlines required facilities necessary to provide adequate of Tract 16581
potable water and reclaimed water service to the
development
(e) Prior to the issuance of the certificates of use and Prior to the issuance of the Project developer Community Development
occupancy, the project developer shall ensure that fire certificates of use and occupancy. Deparbnent (Tustin andlor
hydrants capable of flows in amounts approved by the Resolution 3953 Irvine, as appropriate);
OCF A are in place and operational to meet fue flow OCFA
requirements.
(I) Prior to the issuance of permits for any public Prior to the issuance of permits Project developer Community Development
improvements or development project, a development for any public improvements or Department (Tustin andlor
applicant shall submit to the City of Tustin and City of development project. Provided with Irvine, as applicable)
Irvine, as applicable, information from IRWD, OCSD, or Development Application
the City of Tustin which outlines required facilities of Tract 16581
necessary to provide adequate sanitary sewage service to
the development
(g) Prior to the issuance of grading permits or approval of any Prior to the issuance of grading Project developer Tustin Building Division or
subdivision map (except for fmancing and reconveyance permits or approval of any the Irvine Public Works
Attachment 2 of Exhibit A of Resolution No, 05-38
2
Mitigation Monitoring and Reporting Program
Measure' Timiug aud Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Respoosibility
purposes), whichever occurs first, for development within subdivision map (except for Department, as applicable
the 100-year flood plain, grading and drainage systems financing and reconveyance Site not within the tOO-
shall be designed by the project developer such that all purposes), whichever occurs first year flood pain (FEMA
building pads would be safe ftom inundation ftom runoff Map dated August 9,
ftom all stonns up to and including the theoretical 2002)
100-year stonn, to the satisfaction of the City of Tustin
Building Division or the Irvine Public Works Department,
as applicable, Grading pennits or subdivision maps
generated for financing and reconveyance purposes are
exempt.
(h) Prior to construction of regional flood control facilities, Prior to construction of regional Project developer Public Works Department
appropriate state and federal approvals, including flood control facilities, (Tustin and/or Irvine, as
agreements and pennits, shall be obtained, These include Resolution 3953 applicable)
but are not limited to Regional Water Quality Control
Board pennits, including NPDES pennits; Section 404
pennits ftom the USACOE, and Section 1601 or 1603
agreements ftom the CDFG in a manner meeting the
approval of the City of Tustin and the Irvine Public
Works Department, as applicable,
(i) Prior to issuance of any grading pennit or approval of any Prior to issuance of any grading Project developer Tustin Building Division or
subdivision map (except for financing and conveyance pennit or approval of any the Irvine Public Works
purposes), for any development that is either partially or subdivision map (except for Site not within the tOO- Department, as applicable
completely located within the tOO-year flood plain of the financing and conveyance year flood pain (FEMA
Flood Insurance Rate Map, the development applicant purposes). Map dated August 9,
shall submit all required documentation to the FEMA and 2002)
demonstrate that the application for a Conditional Letter
of Map Revision for changes to the 100-year flood plain
is satisfied in a manner meeting the approval of each
respective city, as applicable.
0) Prior to the approval of any applicable subdivision map Prior to the approval of any Project developer Public Works Department
(except for financing and conveyance purposes), the applicable subdivision map (Tustin and/or Irvine, as
developer-applicant shall design and construct local (except for fmancing and Not applicable to this site applicable)
drainage systems for conveyance of the to-year runoff. If conveyance purposes).
the facility is in a local sump, it shall be designed to
Attachment 2 of Exhibit A of Resolution No, 05-38
3
Mitigation Monitoring and Reporting Program
Measure> Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
convey the 25-year runoff.
(k) Prior to any grading for any new development, the Project developer Tustin Building Division or
following drainage studies shall be submitted to and Public Works Department
approved by the City of Tustin, City of Irvine, andlor (Tustin andlor Irvine, as
OCFCD, as applicable: applicable)
(1) A drainage study including diversions (i.e" Prior to any grading for any new Resolution 3952
off-site areas that drain onto andlor through the development
project site), with justification and appropriate
mitigation for any proposed diversion,
(2) A drainage study evidencing that proposed Prior to any grading for any new Project developer Tustin Building Division or
drainage patterns would not result in increased development P\1blic Works Department
IOO-year peak discharges within and (Tustin andlor Irvine, as
downstream of the project limits, and would not applicable)
worsen existing drainage conditions at stonn
drains, culverts, and other street crossings Resolution 3952
including regional flood control facilities. The
study shall also propose appropriate mitigation
for any increased runoff causing a worsening
condition of any existing facilities within or
downstream of project limits, Implementation
of appropriate interim or ultimate flood control
infTastructure construction must be included.
(2) Detailed drainage studies indicating how, in Prior to any grading for any new Project developer Tustin Building Division or
conjunction with the drainage conveyance systems development Public Works Department
including applicable swales, channels, street flows, Resolution 3952 (Tustin andlor Irvine, as
catch basins, stonn drains, and flood water retarding, applicable)
building pads are made safe fTom runoff inundation
which may be expected fTom all stonns up to and
including the theoretical IOO-year flood,
(I) Prior to approval of any subdivision map (except for Prior to approval of any
fmancing or conveyance purposes), an agreement will be subdivision maD City Tustin Public Works
Attachment 2 of Exhibit A of Resolution No, 05-38
4
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Mouitoring and
Responsibility Enforcement Responsibility
executed with the OCFCD that provides for the Department and Community
identification and contribution of a project-specific fair Not applicable to this site Redevelopment Agency
share contribution toward the construction of ultimate
flood control faculties needed to accommodate built-out Resolution 3952
of the affected project. Interim flood control facilities
may be considered for approval provided such facilities
meet OCFCD requirements, Nothing shall preclude the
City of Tustin fTom transferring the obligation onto other
uro'ect developers within the proiect area,
Implementation Measures for Public Services and Facilities
(m) General Project developer
The City of Tustin and the City ofIrvine, each within its
respective jurisdiction, shall ensure that adequate fITe
protection, police protection, and parks and recreation
facilities (including bikeways/trails) needed to adequately
serve the reuse plan area shall be provided as necessary.
To eliminate any negative impact the project could have
on each community's general fund, financing mechanisms
including but not limited to developer fees, assessment
district financing, and/or tax increment financing (in the
event that a redevelopment project area is created for the
site), shall be developed and used as detenuined
appropriate by each City, Specifically;
(I) Applicants for private development projects shall Prior to fmal map recordation or Resolution 3953 Community Development
be required to enter into an agreement with City building penuit issuance Department
of Tustin or the City ofIrvine, as applicable, to
establish a fair-share mechanism to provide
needed fITe and police protection services and
parks and recreation facilities (including
bikeways) through the use of fee schedules,
assessment district financing, Community
Facility District financing, or other mechanisms
as detenuined appropriate by each respective
city.
Attachment 2 of Exhibit A of Resolution No, 05-38
5
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
(2) Recipients of property through public
conveyance process shall be required to mitigate
any impacts of their public uses of property on
public services and facilities.
(n) The cities of Tustin and Irvine shall jointly consult and Prior to final map recordation or Agreement executed Community Development
coordinate with the OCPFRD/Harbors, Beaches and building permit issuance between City and OCFCD Department (Tustin andlor
parks, Program management and Coordination Division, Irvine, as applicable)
in preparation of trail designs for the Peters Canyon and
Barranca trails within the reuse plan area. Improvements
for each of these trails would be installed upon
completion of flood control channel improvements and
approval of their joint use by the OCPFRD,
(0) Fire ProtectionlEmergencv Medical Services Prior to the first final map Project developer Tustin Community
recordation or building permit Redevelopment Agency and
Prior to the first final map recordation or building permit issuance for development (except Resolution 3953 the City of Irvine
issuance for development (except for financing and for fmancing and reconveyances
reconveyances purposes), the project developer could be purposes),
required to enter into an agreement with the City of Tustin
or City of Irvine/OCF A, as applicable, to address impacts
of the project on fire services. Such agreement could
include participation for fire protection, personnel and
equipment necessary to serve the project and eliminate
any negative impacts on fire protection services.
(p) Prior to issuance of building permits, the project Prior to issuance of building Project developer Community Development
developer shall work closely with the OCF A to ensure permits, Department (Tustin andlor
that adequate fire protection measures are implemented in Resolution 3953 Irvine, as applicable)
the project.
(q) Prior to issuance of building permits for phased projects, Prior to issuance of building Project developer Community Development
the project developer shall submit a construction phasing permits for phased projects. Department (Tustin andlor
plan to the OCF A demonstrating that emergency vehicle Resolution 3953 Irvine, as applicable)
access is adequate,
Attachment 2 of Exhibit A of Resolution No, 05-38
6
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
(r) Prior to the issuance of building permits, the project Prior to issuance of building Project developer Community Development
developer shall submit a fire hydrant location plan for the permits, Department (Tustin andlor
review and approval of the Fire Chief and ensure that fire Resolution 3953 Irvine, as applicable)
hydrants capable of flows in amounts approved by the
OCFA are in place and operational to meet fire flow
requirements,
(s) Police Protection Prior to issuance of building Project developer Community Development
permits. Department (Tustin Police)
Prior to issuance of building permits, the project Resolution 3953
developer shall work closely with the respective Police
Department to ensure that adequate security precautions
are implemented in the project
(t) Schools Prior to the issuance of Project developer Community Development
certificates of use and occupancy, Department (Irvine Unified
Prior to the issuance of certificates of use and occupancy, Resolution 3953 School District)
the project developer shall submit to the respective City
proof of payment of appropriate school fees adopted by
the applicable school district
(u) Parks and Recreation Prior to the first final map Project developer Tustin Community
recordation (except for financing Development Department
Prior to the fIrst final map recordation (except for and reconveyance purposes) or Resolution 3952 and Parks and Recreation
fmancing and reconveyance purposes) or building permit building permit issuance. Department
issuance for development within the City of Tustin
portion of the site, the project developer shall be required
to provide evidence of compliance with all requirements
and standards of the City of Tustin Park Code,
(v) Prior to the first final map recordation or building permit Prior to the fIrst final map Project developer Irvine Community
issuance within the City ofIrvine portion of the site, the recordation (except for financing Not annlicable to tracts in Development Department
Attachment 2 of Exhibit A of Resolution No, 05-38
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
project developer shall be required to provide evidence of and reconveyance purposes) or Tustin
compliance with all requirements and standards of the building pennit issuance.
City of Irvine Park Code,
(w) Prior to the fIrst concept plan for tentative tract map in the Prior to the first concept plan for Project developer Tustin Public Works
City of Tustin, the project developer shall file a petition tentative tract map. Department; Tustin
for the creation of a landscape maintenance district for the Community Redevelopment
project area with the City of Tustin, The district shall Agency
include public neighborhood parks, landscape
improvements, and specific trails (Barranca only), the
medians in arterials, or other eligible items mutually
agreed to by the petitioner and the City of Tustin. In the
event that a district is not established prior to issuance of
the first building pennit, maintenance of items mentioned
above shall be the responsibility of a community
association,
(x) Prior to approval of any subdivision map (except for Prior to approval of any Project developer Community Development
financing or conveyance purposes), an agreement will be subdivision map (except for Department (Tustin and/or
executed with the following agencies for the associated financing or conveyance Resolution 3953 Irvine, as applicable)
trail improvements: purposes).
a. County of Orange Harbors, Beaches -
identification of a project-specific fair share
contribution toward the installation of necessary
regional bikeway trail improvements within
Peters Canyon Channel, to be installed in
conjunction with the County of Orange's other
channel improvements;
b, City of Tustin - the identification of a Prior to the fIrst fmal map Project developer Tustin Community
project-specific fair share contribution toward recordation (except for fmancing Development Department
the installation of Class II bicycle trails through and reconveyance purposes) or Not applicable and/or SCRRA/aCTA, as
the project site, For the area of the site northeast building pennit issuance. appropriate
oflrvine Center Drive, a separate agreement
would be required to ensure the provision of a
bikeway right-of-way easement, and design and
construction of a bike trial along the
Attachment 2 of Exhibit A of Resolution No, 05-38
8
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
SCRRA/OCTA rail tracks from Harvard Avenue
westerly to the Peters Canyon ChanneL In
addition, project developers of the areas of the
site southeast of the Peters Canyon Channel
would need to accommodate access to both the
Peters Canyon Trail and the trail adjacent to the
SCRRA/OCTA tracks in any project site design
including dedication of any necessary
recreational trail easements;
c. City of Tustin - the identification ofa Prior to the first final map Project developer Tustin Community
project-specific fair-share contribution toward recordation (except for financing Development Department
installation of Class I bikeway trail and reconveyance purposes) or Not applicable
improvements northerly of Barranca Parkway building penn it issuance,
after completion of the Barranca Channel
improvements. For proposed developments
adjacent to Barranca Channel, separate
agreements would be required to ensure the
establishment of a bikeway right-of-way
easement between Jamboree Road and Red Hill
Avenue,
Mitigation Measures for Aesthetics
Vis-! In conjunction with any zoning ordinance amendments to Prior to the first final map City of Tustin and City of Community Development
implement the reuse plan in Tustin or Irvine, an urban recordation (except for financing Irvine Department (Tustin and/or
design plan shall be adopted to provide for distinct and and reconveyance purposes) or Irvine, as applicable)
cohesive architectural and landscape design, features and building pennit issuance.
treatments, as well as harmony with adjacent landscaping, Resolution 3953
The urban design plan shall have the following elements:
. landscaping concept and master signage plan;
. design review and approval process;
. limits on development intensity for each specific land
use;
. limits on height of structures and lot coverage;
. minimum site building setbacks;
. minimum on-site landscaping requirements;
Attachment 2 of Exhibit A of Resolution No, 05-38
9
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
. buffering requirements, including berms, masonry
walls, and landscaping;
. lighting regulations, including regulations ensuring
that exterior lighting does not negatively impact
surrounding property;
. screening regulations for mechanical equipment and
outside storage; and
site signage requirements, including sign permit
approval
Mitigation Measures for Cultural and Paleontological Resources
Arch-I Prior to issuance of grading permits, the four-acre parcel Prior to issuance of grading Project developer Tustin Community
currently outside the boundaries of the Air Station along permits. Not applicable to this Development Department
Harvard Avenue shall be surveyed to determine the project
presence/absence of archaeological resources prior to
grading,
Arch-2 Prior to issuance of grading permits, the cities of Tustin Prior to issuance of grading Project developer Community Development
and Irvine shall each require applicants of individual permits. Department (Tustin andlor
development projects to retain, as appropriate, a county- Resolution 3953 Irvine, as applicable)
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 view point shall be considered during this
process, This could include testing or data recovery.
Native American consultation shall also be initiated
during this process.
Paleo-I The cities of Tustin and Irvine shall each require Prior to issuance of grading Project developer Community Development
applicants of individual development projects to comply permits, Department (Tustin andlor
with the requirements established in a PRMP prepared for Resolution 3953 Irvine, as applicable)
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 discovered during
construction,
Attachment 2 of Exhibit A of Resolution No, 05-38
10
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
Paleo-2 Prior to the issuance of a grading permit, project Prior to issuance of grading Project developer Community Development
applicants shall provide written evidence to each city, that permits. Department (Tustin andlor
a county-certified paleontologist has been retained to Resolution 3953 Irvine, as applicable)
conduct salvage excavation of unique paleontological
resources if they are found.
Mitigation Measures for Traffic/Circulation
T/C-I Construction Prior to site development permit. Project developer Public Works Department
(Tustin or Irvine, as
In conjunction with the approval of a site development Resolution 3953 applicable)
permit, the City of Tustin and the City of Irvine, as
applicable (for that portion of the reuse plan within
Irvine), shall require each developer to 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. The City
of Tustin and the City of Irvine, as applicable, shall
ensure that the plan would 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.
T/C-2 Development Prior to issuance of certificates of Project developer Public Works Department
occupancy. (Tustin or Irvine, as
The City of Tustin and the City ofIrvine, as applicable Staff received final traffic applicable)
(for that portion of the reuse plan area within Irvine), shall study addressing
ensure that the arterial intersection improvements required cumulative ADT
in 2005 and 2020 and as indicated in Tables 4.12-7 and tbresbolds and fair sbare
4.12-9 of the Final EISIEIR(see Tables 2 and 4 and at the responsibility for
end of this Mitigation Monitoring and Reporting mitigation improvements;
Program) are implemented for their respective traffic study determined
jurisdictions according to the cumulative ADT thresholds need for traffic signal at
identified in each table and according to the fair share
Attachment 2 of Exhibit A of Resolution No, 05-38
II
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
basis noted. The ADT threshold represents the traffic Harvard; required by
volume which would result in an impact and the fair share various Conditions of
percentage reflects the percent of the traffic impact Resolution No. 3952
resulting ftom the reuse generated traffic. In some cases,
reuse traffic would generate 100 percent of the impact,
thereby assuming full financial responsibility for the
identified improvements. In other cases, reuse traffic
would generate only a ftaction of the traffic impacting the
intersection and financial responsibility would
correspond.
T/C-3 The City of Tustin and the City oflrvine, as applicable See Table 4.12-8 of the Final Project developer Public Works Department
(for that portion of the reuse plan area within Irvine), shall EISÆIR or Table 3 at the end of (Tustin or Irvine, as
contribute, on a fair share basis, to improvements to the Mitigation Monitoring and Addressed by backbone applicable)
fteeway ramp intersections as listed in Table 4.12-8 of the Reporting Program for each infrastructure fee
Final EISÆIR (see Table 3 at the end ofthe Mitigation specific triggering mechanism. requirement - Resolution
Monitoring and Reporting Program), The method of 3952
implementing improvements, e.g., restriping, ramp
widening, shall be based on special design studies, in
association with Caltrans.
T/C-4 The City of Tustin and the City of Irvine, as applicable Ongoing (see Table 4.12-10 of Project developer Public Works Department
(for that portion of the reuse plan area within Irvine), shall the Final ElS/EIR or Table 5 at (Tustin or Irvine, as
ensure that all on-site circulation system improvements the end of the Mitigation Addressed by backbone applicable)
for the reuse plan area assumed in the 2005 and 2020 Monitoring and Reporting infrastructure fee
traffic analysis and as shown in Table 4,12-10 of the Final Program for each specific requirement - Resolution
EISÆIR (see Table 5 at the end of the Mitigation triggering mechanism. 3952
Monitoring and Reporting Program) are implemented
according to the cumulative ADT thresholds identified in
the table. Under this Phasing Plan, the City of Tustin
shall monitor all new development within the site,
accounting for the cumulative ADT generated by
development projects. As each ADT threshold is reached,
the roadway improvements listed in Table 4.12-10 of the
Final EISIEIR (see Table 5 at the end of the Mitigation
Monitoring and Reporting Program) shall be constructed
before anv additional proiects within the reuse plan area
Attachment 2 of Exhibit A of Resolution No, 05-38
12
Mitigation Monitoring and Reporting Program
Measure' Timiug aud Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
would be approved,
T/C-51 Prior to approval of a site development pennit or vesting Ongoing, prior to approval of a Project developer Public Works/Community
tract, except for financing or conveyance purposes, for all site development pennit or Development Departments
land use designation areas in Alternative 1 with the vesting tract, except for fmancing Resolution 3952 (Tustin and/or Irvine, as
exception of the Leaming Village, Community Park, and or conveyance purposes, based on applicable)
Regional Park, a project developer shall enter into an the ADT generation thresholds
agreement with the City of Tustin and City oflrvine, as shown in Tables 4.12-7, 4.12-8,
applicable (for that portion of the reuse plan area within 4.12-9, and 4,12-10 of the Final
Irvine) which assigns improvements required in the EIS/EIR (see Tables 2 through 5
EIS/EIR to the development site and which requires at the end of the Mitigation
participation in a fair share mechanism to design and Monitoring and Reporting
construct required on-site and arterial improvements Program for each specific
consistent with the ADT generation thresholds shown in triggering mechanism),
Tables 4.12-7, 4,12-8, 4.12-9, and 4.12-10 (see Tables 2
through 5 at the end of the Mitigation Monitoring and
Reporting Program).
T/C-61 The City of Tustin and the City oflrvine, as applicable Ongoing, based on the ADT Project developer Public Works and
(for that portion of the reuse plan area in Irvine), will generation thresholds shown in Community Development
monitor new development within the reuse plan area, Table 4,12-10 of the Final Final traffic study Departments (Tustin and/or
accounting for the cumulative ADTs generated by EIS/EIR (see Table 5 at the end identified cumulative Irvine, as applicable)
development projects within the reuse plan area, As each of the Mitigation Monitoring and ADTs; City monitoring
cumulative ADT threshold shown in Table 4.12-10 (see Reporting Program for each will determine timing of
Table 5 at the end of the Mitigation Monitoring and specific triggering mechanism), roadway improvements
Reporting Program) is reached, the roadway identified in MMP Table
improvements listed shall be constructed before any 5; per project final traffic
additional projects within the reuse plan area are study, project does not
approved. exceed ADT threshold
level requiring roadway
improvements shown in
Table 5.
lA-I Table 4, 12-10 of the Final EISÆIR (see Table 5 at the See Table 4.12-10 ofthe Final City of Tustin Community Development
end ofthe Mitigation Monitoring and Reporting Program) EISÆIR or Table 5 at the end of and Public Works
Table references in the mitigation measures have been changed from Final FEISÆIR to match the correct table numbers in the FEIS/EIR.
Attachment 2 of Exhibit A of Resolution No, 05-38
13
Mitigation Monitoring and Reporting Program
Measure' Timiug aud Implemeutation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
presents the Phasing Plan for the on-site circulation the Mitigation Monitoring and Departments (Tustin and/or
system, The Phasing Plan for the on-site circulation Reporting Program for each Final traffic study Irvine, as applicable)
system, The Phasing Plan is based upon traffic circulation specific triggering mechanism, identified cumulative
impact and mitigation analyses contained in the Traffic ADTs; City monitoring
Report (Final Appendix F of the Final EISIEIR). Under will determine timing of
this Phasing Plan, the City of Tustin shall monitor all new roadway improvements
development within the Specific Plan, accounting for the identified in MMP Table
cumulative ADT generated by development projects, As 5; per project final traffic
each ADT threshold is reached, the roadway study, project does not
improvements listed in Table 4,12-10 of the Final exceed ADT threshold
EISIEIR (see Table 5 at the end of the Mitigation level requiring roadway
Monitoring and Reporting Program) shall be constructed improvements shown in
before any additional projects within the Specific Plan Table 5.
would be approved.
IA-2 Table 7-3 of the Final EISIEIR (see Table 6 at the end of See Table 7-3 of the Final City ofTustin Tustin Community
the Mitigation Monitoring and Reporting Program) EISIEIR or Table 6 at the end of Development and Public
presents the Trip Budget which summarizes the square the Mitigation Monitoring and Not applicable to tbis Works Departments
footage of non-residential uses allocated to each Reporting Program for each
neighborhood by Planning Area and the Associated ADT, specific triggering mechanism. project; staff is
monitoring ADT levels
(Residential uses are shown for information only; they are associated with non-
not part of the budget). Pursuant to Section 3.2.4 of the residential development.
Specific Plan, the City of Tustin shall implement the trip
budget by neighborhood to control the amount and
intensity of non-residential uses, Trip Budget transfers
between neighborhoods shall also be implemented as
directed in subsection 3.2.4 of the Specific Plan.
IA-3 Prior to the approval of (I) a Planning Area Concept Plan Prior to the approval of (l) a Project developer Tustin Community
pursuant to Section 4.2 of the Specific Plan, (2) a site Planning Area Concept Plan Development and Public
development pennit, or (3) a vesting tentative map for pursuant to Section 4,2 of the Works Departments
new square footage (not for financing or conveyance Specific Plan, (2) a site Not applicable to this
purposes), a project developer shall provide traffic development permit, or (3) a
infonnation consistent with the provisions of the Specific vesting tentative map for new project; staff is
Plan, this ElS/EIR and the requirements of the City of square footage (not for fmancing monitoring ADT levels
Tustin Traffic Engineer. The traffic information shall (a) or conveyance purposes), associated with non-
identify and assign traffic circulation mitigation measures residential development.
required in the EISIEIR pursuant to the Phasing Plan
Attachment 2 of Exhibit A of Resolution No, 05-38
14
Mitigation Monitoring and Reporting Program
Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
described in Table 4,12-10 of the Final EIS/EIR (see
Table 5 at the end of the Mitigation Monitoring and
Reporting Program); (b) evaluate the effects of either the
delay of any previously committed circulation
improvements or the construction of currently
unanticipated circulation improvements; and (c) utilize the
circulation system and capacity assumptions within the
EIS/EIR and any additional circulation improvements
completed by affected jurisdictions for the applicable
timeframe of analysis.
IA-4 Prior to the issuance of building permits for new Prior to the issuance of building Project developer Tustin Community
development within planning areas requiring a concept permits, Development and Public
plan, a project developer shall enter into an agreement Not applicable Works Departments
with the City of Tustin to (a) design and construct
roadway improvements consistent with the ADT
generation Phasing Plan described in Table 4.12-10 of the
Final EIS/EIR (see Table 5 at the end of the Mitigation
Monitoring and Reporting Program) and (b) address the
impact of and specify the responsibility for any previously
committed circulation improvements assumed in the
EIS/EIR which have not been constructed,
IA-5 Tustin Community
If a subsequent traffic Phasing Plan demonstrates that Prior to the issuance of building Project developer Development and Public
certain circulation improvements should be included in a permits, Works Departments
different phase of Specific Plan development (accelerated Not applicable to this
or delayed) or that a circulation improvement can be
substituted, the mitigation Phasing Plan in Table 4.12-10 project.
of the Final EIS/EIR (see Table 5 at the end of the
Mitigation Monitoring and Reporting Program) may be
amended, subject to approval of the City of Tustin and
any other affected jurisdictions, provided that the same
level of traffic mitigation and traffic capacity would be
provided,
IA-6 The City of Tustin will enter into agreements with Within one (1) year of approval City of Tustin Tustin Public Works and
Caltrans and the cities of Santa Ana and Irvine to ensure of reuse and disposal ofMCAS Community Development
that the off-site roadwav improvements needed to mitigate
Attachment 2 of Exhibit A of Resolution No, 05-38
15
Mitigation Monitoring and Reporting Program
Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement, Responsibility
the effects of the Specific Plan are constructed pursuant to Tustin Completed as part of Departments
improvement programs established by the respective FEIS/EIR approval.
jurisdiction.
IA-7 Each Specific Plan project would contain, to the Prior to issuance of grading Project developer Community Development
satisfaction of the City of Tustin and/or City ofIrvine, as permits Department (Tustin and/or
applicable, a pedestrian circulation component showing Resolution 3953 Irvine, as applicable)
pedestrian access to regional hiking trails, parks, schools,
shopping areas, bus stops, and/or other public facilities,
Mitigation Measures for Air Quality
AQ-l If determined feasible and appropriate on a Prior to issuance of grading or Project developer Community Development
project-by-project basis, the City of Tustin and the City of building permits. Department (Tustin and/or
Irvine, as applicable, shall require individual development Resolution 3953 Irvine, as applicable)
projects to implement one or more of the following
control measures, if not already required by the
SCAQMD under Rule 403:
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.
- 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 onsite and
offsite.
- Use electricity from power poles rather than
temporary diesel or gasoline powered
generators.
Reduce traffic speeds on all unpaved roads to 15
Attachment 2 of Exhibit A of Resolution No, 05-38
/6
Mitigation Monitoring and Reporting Program
Measure' Timiug aud Implementatiou Mitigation Compliauce Mitigatiou Monitoring and
Responsibility Euforcement Responsibility
mph or less,
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,
- Apply approved chemical soil stabilizers
according to manufacturers' specifications to all
inactive construction areas (previously graded
areas inactive for four days or more),
Replace ground cover in disturbed areas as
quickly as possible.
Enclose, cover, water twice daily, or apply
approved soil binders according to
manufacturers' specifications, to exposed piles of
gravel, sand, or dirt
- Cover all trucks hauling dirt, sand, soil, or other
loose materials, and maintain at least two feet of
freeboard (i.e., minimum vertical distance
between top of the load and top of the trailer),
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).
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,
-
AQ-2 Unless detennined by the City of Tustin and the City of Prior to issuance of grading or Project developer Community Development
Irvine, as applicable, to be infeasible on a building penn its. Department (Tustin and/or
project-by-project basis due to unique project Irvine, as applicable)
Attachment 2 of Exhibit A of Resolution No, 05-38
17
Mitigation Monitoring and Reporting Program
Measure' Timiug and Implementation Mitigation Compliance Mitigation Monitoring and
Responsibility Enforcement Responsibility
characteristics, each city shall require individual
development projects to use low VOC architectural Resolution 3953
coatings for all interior and exterior painting operations.
Mitigation Measures for Noise
N-I Prior to reuse of any existing residential units within the Prior to reuse of any existing Project developer Community Development
reuse area for civilian use, the City of Tustin or the City residential units. Department (Tustin and/or
of Irvine, as applicable, and where necessary and feasible, Resolution 3953 Irvine, as applicable)
shall require the installation of noise attenuation barriers,
insulation, or similar devices to ensure that interior and
exterior noise levels at these residential units do not
exceed applicable noise standards,
N-3 For new development within the reuse area, the City of Prior to issuance of building Project developer Community Development
Tustin and City of Irvine, as applicable, shall ensure that pennits. Department (Tustin and/or
interior and exterior noise levels do not exceed those Resolution 3953 Irvine, as applicable)
prescribed by state requirements and local city ordinances
and general plans, Plans demonstrating noise regulation
confonnity shall be submitted for review and approval
prior to building pennits being issued to accommodate
reuse.
'Measures LU-!, LU-2 have been completed; Hist 1,2, 3,4,5 , Bio ! ,2.3,4, and N-2, N-4 do not apply to the project site: AQ-3, AQ-4 do not apply to residential projects, TC- 7, IC-8 have been
created through the adoption ofthe FEISIEIR and staff is monitoring, IC-9 has been completed,
Attachment 2 of Exhibit A of Resolution No, 05-38
18
Mitigation Monitoring and Reporting Program
RESOLUTION NO. 05-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING 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)
The City Council of the City of Tustin does hereby resolve as follows:
I.
The City Council finds and determines as follows:
A.
That a proper application for Tentative Tract Map No. 16581 was
submitted by Moffett Meadows Partners, LLC requesting
subdivision of a 105.5 acre site into 386 numbered lots and 186
lettered lots for the purpose of development of 1,077 residential
units, including 84 Single Family Detached (SFD), 181 Carriage
Way SFD, 72 Multiple Family Attached (Senior Housing - for
ownership tenure) for a total of 337 units at an average density of
8.62 du/acre in Planning Area 4 (Parcel 23) and 570 Multiple
Family Attached (MFR), 170 Multiple Family Attached (Senior
Housing -- for ownership tenure) for a total of 740 units at an
Average density 17.53 du/acre for Planning Area 5 (Parcel 24) of
the MCAS-Tustin Specific Plan, generally bounded by Edinger
Avenue on the north, West Connector Road to the east, an
industrial office park to the west, and Valencia/North Loop Road 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, and the density bonus and transfer of
affordable units was considered concurrently with the development
applications;
C.
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 04-003, State
Subdivision Map Act, and the City's Subdivision Code:
D.
That the proposed subdivision is in conformance with the MCAS
Tustin Specific Plan as amended by Resolution No. 3950 for
approval of Specific Plan Amendment/Zone Change 04-003;
E.
That the site is located in Planning Area 4 of the Iv1CAS Tustin
Specific Plan, which is designated for Low Density Residential (1-7
Resolution No. 05-40
TTM 16581
Page 2
units/acre) and Planning Area 5 of MCAS Tustin Specific Plan
which is designated for Medium Density Residential (8-15
units/acre) and that the development as conditioned will be
physically suitable for the type of development and proposed
density of development;
F.
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.
That the proposed subdivision would not have an impact on school
district facilities within the Tustin Unified School District in that
school impacts for development were considered in the MCAS
Reuse Plan which identified school facility sites that will be
conveyed to the Tustin Unified School District by the Federal
Department of Education or the City of Tustin to serve development
of property at the former MCAS Tustin. 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 Tustin
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;
G.
H.
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;
I.
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.
J.
That development of the site will require the developer to dedicate
in fee title property to the City of Tustin including portions of
Severyns Road to the City of Tustin for public roadways and utility
purposes as shown on the Tentative Tract Map 16581.
K.
To ensure there is adequate infrastructure to support buildout of the
project, construction 07 all pubiic infrastructure and in-tract private
streets and utility systems is required within the initial phase 07
development. In addition, to ensure orderly development and the
Resolution No, 05-40
TTM 16581
Page 3
systematic provision of required affordable housing, construction
phasing of affordable units will be required to be reasonably
proportionate to market rate units.
L.
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
22 affordable units (8 Very Low and 14 Moderate income) from
Planning Area 4 and Planning Area 21 to Planning Area 5 and 25
(8 Very Low and 15 Low income) from Planning Area 21 to
Planning Area 5. 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 units
(including senior housing - for ownership tenure) project in
Planning Area 5, which will offer equivalent housing opportunities.
The applicant will be required to enter into a Housing Incentive
Agreement to ensure the provision of affordable housing.
M.
That the MCAS Tustin Specific Plan process included public
conveyance 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 4.9 acres of private parkland in the
proposed subdivision and has requested a waiver of parkland
dedication fees pursuant to Section 9931d(1)(c) of the Tustin City
Code for the 241 affordable housing units to be provided in the
subdivision and a credit for 3.66 acres private parkland that will be
provided and accessible to the public on the 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 Areas 4 and 5 and provide a credit for a
portion of the park areas that will be accessible to the public.
N.
With development of this site, the applicant has requested a density
bonus, density averaging, and an affordable housing plan for
transfer of lower income and moderate income units from Planning
Area 4 and Planning Area 21 to Planning Area 5, which will be
binding with execution of a Housing Incentive Agreement. Since 63
Resolution No, 05-40
TTM 16581
Page 4
o.
II.
percent of the affordable units required for the project site are
located in the senior housing project (for ownership tenure), no
portions of the project shall be subdivided until design, phasing,
and tenure of the senior housing project is completed to the
satisfaction of Community Development Department. 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.
Section 9121 of the Tustin City Code requires the granting of a
density bonus of twenty-five (25) percent of the total units and at
least one concession or incentive when an applicant agrees to
provide at least twenty (20) percent of the total units (excluding the
density bonus) of the housing development as target units
affordable to lower income households (Le., Target Units). The
applicant is providing 186 target units and requested a density
bonus for construction of 182 units in Planning Areas 4 and 5. No
financial incentive has been requested.
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 when acceptable turning radii for a
forty (40) foot long by eight (8) feet wide moving truck is
demonstrated on the Circulation Plan.
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 4
and medium density development within Planning Area 5. A
checklist was prepared that finds all potential impacts of the project
were addressed by the certified FEISIEIR and no additional impacts
have been identified; all applicable mitigation measures in the
FEIS/EIR have been included as conditions of approval. The
Planning Commission has adopted Resolution No. 3949
recommending that the City Council find that the FEISIEIR for the
MCAS Tustin Reuse Plan and Specific Plan adequately addressed
all potential impacts related to the subdivision.
The Planning Commission hereby recommends that the City Council
approve Tentative Tract Map 16581 for the subdivision of 105.5 (gross)
acre site into 386 numbered lots and 186 lettered lots for the purpose of
developing 1,077 residential units, including 337 units within Planning
Area 4 and 740 units in Planning Area 5 (Parcel 23 and Parcel 24),
subject to the conditions contained in Exhibit A attached hereto.
Resolution No, 05-40
TTM 16581
Page 5
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)
CITY OF TUSTIN )
SS
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, Califomia, 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. 03-40 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 22nd day of February, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
GENERAL
(1 )
1.1
(1 )
1.2
(1)
1.3
EXHIBIT A - TENTATIVE TRACT MAP 16581
RESOLUTION NO. 05-40
CONDITIONS OF APPROVAL
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. A
revised tentative tract map that includes all corrections contained
herein shall be submitted prior to the issuance of any permits or
submittal of the first final tract map, whichever occurs first. 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.
Resolution No. 05-40 shall become null and void in the event that
Resolution Nos. 3949, 3951, 3953 approving Concept Plan 03-003
as applicable, and which were approved by the Planning
Commission, Specific Plan Amendment/Zone Change 04-003,
Design Review 04-006, and the Affordable Housing Plan and
Density Bonus Application, which includes the transfer of required
affordable housing units from Planning Areas 4 and 21 to Planning
Area 5 is not approved by the City Council.
Approval of Resolution No. 05-40 is contingent upon the applicant
retuming 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.
SOURCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) Di::SIGN Ri::VIi::W
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
... i::XŒPTION
Exhibit A
Resolution No, 05-40
TIM 16581
Page 2
(1 )
(1 )
(5)
(1 )
(1 )
(1 )
(1 )
1.4
The final tract map(s) shall be developed in accordance with
Resolution Nos. 3951, and 3953 approving Concept Plan 03-003,
Design Review 04-006, and Resolutions 05-38, 05-39 approving
Specific Plan Amendment/Zone Change 04-003, and the
Affordable Housing Plan and agreement and Density Bonus
Application. All conditions of approval herein, as applicable, shall
be satisfied prior to recordation of a final map or as specified
herein.
1.5
The subdivider shall comply with all applicable requirements of the
State Subdivision Map Act, the City's Subdivision Ordinance, the
MCAS Tustin Specific Plan, applicable mitigation measures
identified in the certified FEISIEIR, and other agreements with the
City of Tustin, unless otherwise modified by this Resolution or
Resolution Nos. 05-38, 05-39, 3951, and 3953.
1.6
Prior to recordation of the first final map, the subdivider Shall be
required to execute bonds or pay fees for grading permits, Quimby
Act obligations, and Tustin Legacy Backbone Infrastructure
Program improvements as determined by the City Council,
required to be made by the developer pursuant to City procedures.
1.7
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.
1.8
Prior to final map approval by the City Council, the subdivider shall
execute a hold-harmless agreement and provide a Certificate of
Insurance pursuant to Section 9325 of the Tustin City Code.
1.9
The 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, or community facilities district for funding of
Tustin Legacy backbone infrastructure or municipal service
provision to the project site, or a future community facilities district
for school purposes and shall comply with the following:
1.9.1 Prior to recordation of a final subdivision map creating building
sites ("B Map"), a mutually acceptable "Mitigation Agreement" shall
be entered into with the Tustin Unified School District.
1.10 Prior to final map approval, the subdivider shall submit:
A
B.
A current title report; and,
A duplicate myla~ 0; the Final Map, o~ 8Yz inch by 11 inch
transparency of each map sheet prior to final map approval
Exhibit A
Resolution No, 05-40
TTM 16581
Page 3
(1)
(1 )
(1 )
(1 )
(1 )
and "as built" grading, landscape, and improvement plans
prior to Certificate of Acceptance.
1.11
Upon recordation of any final map or submittal of an application for
building permits, the applicant shall obtain new addresses from the
Engineering Division.
1.12 As a condition of approval of Tentative Tract Map 16581, 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. 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.
1.13 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, 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 16581. The applicant shall ensure that it has adequate
assets in existence to fund this obligation until completion of 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 Peters 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.
1.14 The applicant is required to prepare and record a final subdivision
map.
1,15 Unless otherwise agreed by the City in its sole discretion, the
Developer Parcel, the property within the tract or any street or
sidewalk or alleyway thereon shaH not be privately gated, provided
Exhibit A
Resolution No. 05-40
TIM 16581
Page 4
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.
1.16 Approval of Tentative Tract Map 16581 shall be contingent upon
conditions of approval contained within Planning Commission
Resolutions 3949, 3950, 3951, 3952, and 3953, as applicable.
PROJECT PHASING
(*)
(*)
2,1
(*)
2.2
Construction phasing of product types and units (including
affordable units) on individual multiple family product planning
areas within the tract (Le., PA 5-1, PA 5-2, PA 5-4, PA 5-5, PA 5-6,
and PA 5-7) shall occur concurrently as shown on Sheet CP-8
(Phasing Plan) and as noted in the conditions of approval
contained herein with the exception of the senior housing project
that requires submittal of a separate design review application and
any associated required applications' and separate affordability
production monitoring as identified in Condition 2.2.
The senior housing shown on the tentative tract map is provided
for general location and number of units and does not represent
final City approval except that 153 affordable units shall be
provided at this site including 36 Very Low, 61 Low, and 56
Moderate Income units. A design review application for the senior
housing including a site plan delineating adequate access non-
intrusive to low density residential units, adequate parking,
landscaping, fire access, architectural floor plans, elevations,
materials and colors for the housing units and the recreational
building, and a phasing plan for the construction of the affordable
units along with the market rate units in the senior housing shall be
submitted and approved prior to issuance of building permits for
the first production unit of the entire Columbus Square project. A
production unit is defined as a unit included in Phase I and
subsequent phases of the Phasing Plan (not including initial phase
or model homes). Any deviation from the MCAS Tustin Specific
Plan parking standards for the senior housing would require
approval of a conditional use permit which would include submittal
of a parking analysis that would justify reduction in the number of
required parking spaces, subject to review and approval of the
City's traffic engineer. If the developer is not able to justify the
reduction in parking and/or the conditional use permit is not
approved, the developer agrees to a proportionate reduction in the
number of units. Except in no case, shalf the number of affordable
units approved herein for the senior housing project be reduced,
Exhibit A
Resolution No, 05-40
TTM 16581
Page 5
(*)
2.3
(*)
2.4
Prior to issuance of the 420th building permit for the production
units of the entire Columbus Square project, building permits for
the senior housing shall have been issued and the first footing
inspection for the senior housing shall have been completed. In
addition, construction of the recreation building and park facilities
shall be completed prior to the issuance of the 420th building
permit (50 percent of non-restricted).
The developer shall develop, market and sell Very Low, Low, and
Moderate income ("affordable units") in the individual multiple
family product planning areas (I.e., PA 5-1, PA 5-2, PA 5-4, PA 5-
5, PA 5-6, and PA-5-7) as shown on Sheet CP-8 and shall
construct and market and sell such units in equal proportion to the
market rate units as shown on the Phasing Plan for each individual
multiple family planning area and as per the conditions of approval
contained herein including Condition 2.1. If there is any deviation
from provisions contained herein for the individual multiple family
product planning areas and as required in Condition 2.1 as
determined by the Community Development Department upon
written notice to the applicant or applicable vertical home builder
responsible for development of the planning area, no additional
building permits shall be issued by the Community Development
Department for additional units on subsequent phases in a
planning area (PA) until compliance with said provisions has been
demonstrated to the satisfaction of the Director of Community
Development. In reviewing compliance, the Director shall utilize
objective information such as the number of market rate and
affordable units constructed to date in the planning area based on
the approved Phasing Plan and Building Division records and data
on the number of market rate and affordable units sold in an
individual phase which shall be provided by the developer upon
written request of the Director. The requirements of this Condition
shall be disclosed by the applicant to all vertical home builders and
with each final conveyance map.
Prior to recordation of the first final map including a conveyance
map, or first building permit, whichever occurs first, the applicant
shall enter into a Housing Agreement with the City to ensure
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). The
development shall include 266 affordable units in Planning Areas 4
and 5 including twenty-five (25) affordable units transferred from
Planning Area 21 to Planning Area 5,
Exhibit A
Resolution No, 05-40
TTM 16581
Page 6
(*)
2.5
(*)
2.6
Design and construction of all on-site and off-site developer
required public infrastructure and in-tract private streets and utility
systems shall be constructed within the initial phase of
development and shall be completed prior to the issuance of
building permits for any Phase 1 unit as identified on Sheet CP-B
(Phasing Plan). Model units may be constructed prior to
completion of infrastructure if adequate ingress and egress are
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.
The developer shall submit to the City an Affordable Housing
Purchaser Selection and Criteria Plan for Redevelopment Agency
("agency") review and approval 30 days prior to approval of a final
map or issuance of a building permit, whichever occurs first. The
agency 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 the agency's approval of the 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 also submit to agency individual 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 the
developer to the agency. The agency shall approve or disapprove
individual escrow instructions and related items for buyers of
Affordable Housing units within 10 calendar days following
submission by developer.
GENERAL CONDITIONS FOR ALL 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
Exhibit A
Resolution No, 05-40
TIM 16581
Page 7
design and construction within the public right-of-way including but
not limited to the following:
A.
B.
C.
D.
E.
Full width improvements on Severyns Road, project entries
at Valencia North Loop Road/Lot P and West Connector
RoadlLot T;
Sidewalk, including curb ramps for the physically disabled,
on both sides of Severyns Road, the south side of Edinger
Avenue, the north side of Valencia North Loop Road, and
the west side of West Connector Road: 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;
Catch basinslstorm drain laterals/connections to the existing
storm drain system along Valencia North Loop Road,
Severyns Road, and West Connector Road with approval of
City of Tustin;
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;
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 per the standard of the Irvine Ranch
Water District;
Landscapelirrigation on both sides of Severyns Road
subject to Navy approval within the LlFOC areas, on the
south side of Edinger Avenue and the median on Edinger
Avenue adjacent to the project site, the median on Edinger
Avenue from 1400 feet of Red Hill Avenue to West
Connector Road, both sides of Valencia North Loop Road
adjacent to the project site, and the west side of West
Connector road adjacent to the project site;
F.
Exhibit A
Resolution No. 05-40
TTM 16581
Page 8
G.
H.
I.
J.
K.
Underground utility connections: All utility lines shall be
placed underground by the developer;
Fire hydrants;
Demolition and removal of any abandoned utilities at the
entire site including within the current proposed roadway
sections.
Traffic signals at Lot PNalencia North Loop and Lot T/West
Connector Road; and,
Storm drain facilities on Severyns Road per City's Run-off
Management Plan for Tustin Legacy.
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.
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:
(5)
3.2
A.
The project shall comply with City of Tustin Standard Plan
No. 204 for construction of a meandering sidewalk and ADA
accessibility requirements for all proposed sidewalk grades
on public streets.
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 the
City of Tustin's Standard Drawings and Design Standards
for Public Works Construction No, 510 for all public and
Exhibit A
Resolution No, 05-40
TTM 16581
Page 9
(1 )
3.3
(1) 3.4
(1) 3.5
(5) 3.6
(1) 3.7
(1 )
3.8
(1 )
3.9
private intersection sight distances and limited use area
requirements for the project's streets.
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 the following:
IRWD, SCE, SBC, The Gas Company, Cox Communications, etc.
A complete hydrology study and hydraulic calculations shall be
submitted to the City for review and approval.
The minimum pipe diameter for all public storm drains shall be 24
inches.
All storm drains to be constructed within or adjacent to the
development shall be designed per the applicable OCFCD and
City of Tustin standards.
The proposed private and public drainage collection systems shall
be designed for a minimum 25-year storm frequency and a 100-
year storm frequency for regional facilities. The applicant shall
submit hydrology studies for the existing and proposed drainage
conditions for both the 25-year and 100-year storm events for the
City's and County's review and approval and provide mitigation to
maintain storm water discharges for the proposed condition that is
consistent with the existing condition discharges for the site.
A detailed hydrology and hydraulic analysis for 25-year and 100-
year storm frequencies shall be provided for both the existing and
proposed conditions to determine any requirements for on-site
storm water retention/detention and facility sizing. The applicant
shall also be required to accept upstream storm water that would
historically cross the property and detain/retain on the property
such upstream water so that the release of said water into
downstream regional flood control systems does not exceed
historical flow rates or the downstream capacity of such systems.
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)
3,10 The minimum grade on gutter flow lines shall be 0.4 percent
(including the flow line grades in street tapers and horizontal
Exhibit A
Resolution No, 05-40
TIM 16581
Page 10
(1 )
(1 )
(1 )
(1 )
curves). Construction of catch basins, storm drain laterals, and
junction structures shall be required to eliminate the need for cross
gutters on public streets.
3.11
Prior to issuance of an encroachment permit. the applicant shall
prepare a sedimentation and erosion control plan for all work
related to this development.
3.12 Preparation and submittal of a final grading plan shall be provided
showing all pertinent elevations as they pertain to the public right-
of-way along with delineating the following information:
A.
B,
Final street elevations at key locations;
Final padlfinished floor elevations and key elevations for all
site grading as established by the approved hydrology
report and elevations provided by the OCFCD; and,
All flood hazards of record.
C.
3.13 Prior to the 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 Edinger Avenue, West Connector Road, Valencia
North Loop Road, and the public portion of Severyns Road.
3.14 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., produced using AutoCAD or
AutoCAD compatible CADD software). The most current version
of AutoCAD is Release 2000. 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,
Exhibit A
Resolution No, 05-40
TTM 16581
Page 11
TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM
(1 )
(1 )
4.2
(*)
4.3
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 the 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.
The applicant shall design and construct the traffic signal at West
ConnectorNalencia North Loop Road in the first phase of
development of Tentative Tract Map 16581. For all design and
construction within the public right-of-way, separate plans shall be
provided, which include all plans and specifications and estimates
necessary to conduct a public bid process.
In the event that the February 7, 2005, award of contract for the
Valencia/Armstrong project is set aside by a court of competent
jurisdiction, or the City is otherwise enjoined from performing that
contract, or the construction of backbone infrastructure containing
water, sewer, or other utilities (the "Backbone Utilities") necessary
to serve the project is delayed for these or other reasons such that
the Backbone Utilities are not available at time of building permit
issuance, no building permit shall be issued (unless OCFA
approves an alternative for firefighting water) until such Backbone
Utilities are available to the project. In the event said Backbone
Utilities are not constructed because the award of contract for the
ValencialArmstrong project is set aside by a court of competent
jurisdiction, or the City is otherwise enjoined from performing the
contract, the developer may construct the Backbone Utilities,
subject to review and approval of the Director of Public Works and
Community Development Director. In any event, no certificate of
use or occupancy shall be issued unless such Backbone utilities
are available to the project.
PRIVATE IN-TRACT IMPROVEMENTS
(3)
5.1
Prior to the issuance of precise grading permits, infrastructure
construction plans, as prepared by a California Registered Civil
Engineer, shall be required for all private, on-site construction. All
design and construction of improvement work shall incorporate
applicable conditions contained within Resolution No. 3953 and
Exhibit A
Resolution No, 05-40
TTM 16581
Page 12
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.
B.
C.
D.
E.
F.
G,
H.
Curbs and gutters on all streets;
Sidewalks on all streets, including curb ramps for the
physically disabled; all sidewalks, pathways, paseos, and
trails shall comply with the provisions of the American with
Disabilities Act;
Drive aprons;
Signing/striping plan;
Street and drive aisle paving; all private streets, drive aisles,
and curb retum 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;
Catch basin/storm drain laterals/connections to the public
storm drain system with approval of the City of Tustin;
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);
Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official and IRWD.
These facilities shall be consistent with the standards of the
Irvine Ranch Water District;
Exhibit A
Resolution No, 05-40
TIM 16581
Page 13
(3)
5.2
(1 )
5.3
I.
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.
Prior to the issuance of building permits, construction plans, as
prepared by a California Registered Civil Engineer, shall be
required for the following private improvements:
A.
Street lighting: The private street lighting system shall be
reviewed and approved by the City of Tustin and Southern
California Edison;
B.
Landscape/irrigation;
C.
Trash facilities: The applicant shall provide commercial
trash collection and obtain approval from the Engineering
Division for the location, size, and trash enclosures.
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.
COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES
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:
(1 )
6.1
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.
8,
The applicant shall obtain permission from affected property
owners for any work located on adjacent properties or on
Exhibit A
Resolution No. 05-40
TTM 16581
Page 14
LlFOC parcels, including the property owned by the
Department of Navy.
C.
The applicant shall obtain all approvals and permits from
the applicable property owners and agencies for work within
the City limits.
D.
The applicant shall coordinate the design and construction
of the bus stop locations with the Orange County
Transportation Authority.
E.
The applicant shall obtain written approval andlor permits
from the applicable utility companies.
F.
The applicant shall obtain permission from property owners
for any work located on adjacent properties.
CONSTRUCTION
(1 )
7.1
(1 )
7.2
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.
The applicant shall comply with all waste diversion requirements.
The City of Tustin is required to comply with the recycling
requirements contained in the California Integrated Waste
Management Act of 1989. To facilitate City compliance with this
law, 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 andlor
reservation requirements as applicable, including but not limited to
dedication of parts of Severyns Road and West Connector Road,
traffic signal equipment and maintenance easements of Valencia
North Loop Road/Lot P and West Connector Road/Lot T, drainage
and flood control right-of-way easements for acceptance and
conveyance of existing flows from the adjacent business park
westerly of Planning Area 4, pedestrian and vehicular access
rights, utility easements and public parks, defined and approved as
to specific locations 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.
Exhibit A
Resoiution No, 05-40
TTM 16581
Page 15
(1) 8.2
(1) 8.3
(1) 8.4
(1 )
8.5
(1 )
8.6
CC&RS
(1 )
9.1
The applicant shall identify the easements for public use of
privately owned parks and related public access easements on the
final map.
The applicant shall dedicate in fee title to the City of Tustin
portions of Severyns Road for public roadways and utility purposes
as shown on the Tentative Tract Map 16581.
All dedication andlor offers of dedication shall also state that the
City of Tustin shall be permitted to obtain, at no cost, a right-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.
The applicant shall provide an ingress/egress easement on lots
"P," "T," "R," "U" and "X" for Department of Navy to access IRP-16.
The applicant shall dedicate public access and maintenance
easements to the City of Tustin fro sidewalk along Valencia North
Loop Road and West Connector Road.
All organizational documents for the project including any
covenants, conditions, and restrictions (CC&Rs) shall be submitted
to and approved by the Community Development Department, City
Attorney's Office, and Special Counsel. 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 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 development agreement or financing guarantee method
Exhibit A
Resolution No. 05-40
TTM 16581
Page 16
approved by the City. The CC&Rs shall include, but not be limited
to, the following provisions:
A.
B.
C.
D.
E.
F.
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.
The requirement that association bylaws be established.
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, and open space areas.
Membership in the homeowners association shall be
inseparable from ownership in individual units.
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
Specific Plan.
Maintenance standards shall be provided for applicable
items listed in Section C above in CC&Rs. Examples of
maintenance standards are shown below.
1.
All common area landscaping and private areas
visible from any public way shall be properly
maintained such that they are evenly cut, evenly
edged, free of bare or brown spots, debris, and
weeds. All trees and shrubs shall be trimmed so
they do not impede vehicular or pedestrian traffic.
Trees shall be pruned so they do not intrude into
neighboring properties and shall be maintained so
they do not have droppings or create other nuisances
to neighboring properties, All trees shall also be root
pruned to eliminate exposed surface roots and
damage to sidewalks, driveways, and structures.
Exhibit A
Resolution No, 05-40
TIM 16581
Page 17
G.
H.
I.
J
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.
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.
Private open space areas within the common area shall be
illustrated on a "Private Open Space Exhibit" and shall be
made part of the CC&Rs and shall specify those portions of
the common open space area that are allocated for private
use and public use and access rights in perpetuity. The
CC&Rs shall include a separate 8% inch by 11 inch
dimensioned site plan for each unit that is allocated private
open space.
The approved site plan showing the public portion of the
park site and associated public easements that will be
accessible to the public and provisions for maintenance of
these areas by the Homeowners Association.
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,
Exhibit A
Resolution No. 05-40
TTM 16581
Page 18
K.
L.
M.
2.
A minimum of 562 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.
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.
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.
Maintenance of lettered and numbered Lots (including but
not limited to Lots 264, 265, 297, 335 and 369 Lots A-m, P-
u, X-Y, CA-CF, DA-DJ, FA-FD, AA-AR, BA-BC, EA-EG, GA-
GH, HA-HO, IA-IL AAA-AAJ, BBA-BAF, BBA-BBZ, CCA-
CCO, DAA, DDA-DDZ), containing all common areas,
public and private park areas, streets, alleys, paseos, etc.,
shall be by the homeowners association.
Television and radio antennas shall be installed in
accordance with the requirements of the Tustin City Code.
Exhibit A
Resolution No, 05-40
TTM 16581
Page 19
Q.
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.
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.
No delivery and or moving trucks larger than 40 feet shall
be permitted on the private drives of the condominium
projects with less than 25 foot radius turns.
HOMEBUYER NOTIFICATION
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.
(1 )
10.1
A.
A notice for roadway, trail, and train noise that may impact
the subdivision, including roadway noise associated with,
Edinger Avenue, North Loop Road, West Connector Road,
and train noise associated with the rail corridor north of the
Exhibit A
Resolution No. 05-40
TTM 16581
Page 20
G.
project. The notice shall indicate the current number of
trains per day (59) and the estimated to increase to over
100 trains on a 24 hour basis by the year 2020. The notice
shall indicate that additional building upgrades may be
necessary for noise attenuation. This determination is to be
made as architectural drawings become available and/or
where field-testing determines inadequate noise insulation.
B.
A notice, to be reviewed by the City of Tustin and the Tustin
Unified School District, regarding the location of existing
and proposed elementary, middle, and high schools which
will serve the subdivision (text and map) and advice to
homebuyers that proposed school sites may never be
constructed.
C.
A notice regarding units that are adjacent to aboveground
utilities or structures (such as light standards 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.
E.
A notice indicating that public use of a minimum one (1)
acre or more portion of the park site, 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.
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.
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.
Exhibit A
Resolution No, 05-40
TTM 16581
Page 21
o.
P.
Q.
H.
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.
I.
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.
J.
A notice indicating that surrounding properties may be
developed in accordance with City ordinances in a manner
which may partially or totally obstruct views from the
owner's unit and that the City of Tustin makes no claim,
warranty, or guarantee that views from any unit will be
preserved as development of surrounding properties
occurs.
K.
A notice indicating the minimum building setbacks and that
construction of patio covers, trellises, etc. may not be
allowed.
L.
A notice explaining and providing a copy of a "Private Open
Space Exhibit" and separate 8y, inch by 11 inch
dimensioned site plan for each unit that is allocated private
open space within the common area.
M.
A notice explaining and providing a copy of the approved
"Parking and Circulation Exhibit" and related CC&R
provisions.
N.
A notice explaining that 241 affordable housing units will be
dispersed throughout the site. These units will remain
affordable for a period of forty-five (45) years or longer.
A notice explaining the phasing of construction within the
subdivision and that activity may be disruptive.
The developer shall notify all home buyers that future
Assessment/Maintenance Districts may affect the property.
The project is located adjacent to a future fire station site at
the southwest corner of Edinger Avenue and West
Connector Road that will be operating 24 hours.
Exhibit A
Resolution No, 05-40
TIM 16581
Page 22
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.
11.2 As part of the final design process and to comply with the Final
EIR/EIS requirements for the Disposal and Reuse of MCAS Tustin,
the applicant shall submit detailed hydrology calculations of 100-
year storm events for the existing pre-project condition and for the
project condition. As part of the study, the project's contribution to
the overall increase in stormwater runoff from the redevelopment
of MCAS Tustin shall be estimated and the potential design and
construction costs to mitigate the increase storm water discharge
contribution from the project shall be determined.
(1 )
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 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 1.85 acres minus the approved
improvement cost for the development of on-site parkland
approved for parkland credit in an amount based on actual
improvement plans and cost approved in writing by the Director of
Parks and Recreation Department not to exceed $675,000 per
acre times 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 (8) 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 areá certain
contiguous, landscaped, open space facilities of not less
Exhibit A
Resoiution No. 05-40
TTM 16581
Page 23
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 3.66 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 permitted by the City Code Section 9931 in
connection with construction of not to exceed 241
Affordable Housing Units in this tract in an amount not to
exceed 1.97 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 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 to be
constructed in the future along Edinger Avenue, Valencia Avenue,
and the West Connector and Class II bicycle trails as depicted on
the Preliminary Plan. The final tract 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
Exhibit A
Resolution No. 05-40
TTM 16581
Page 24
public upon and 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.
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 the City
Attomey and $50 per hour (or rate in effect at the time of submittal)
for the 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.
3953.
ORDINANCE NO. 1297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
ADOPTING ZONE CHANGE 04-003 TO PERMIT THE DEVELOPMENT
OF DETACHED CARRIAGE WAY SINGLE FAMILY DWELLING UNITS
IN PLANNING AREAS 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 MCAS
TUSTIN PLANNING AREA 4.
The City Council of the City of Tustin does hereby resolve as follows:
Section 1.
A
FINDINGS
The City Council finds and determines as follows:
That Moffett Meadows Partners, LLC submitted a proper
application for Specific Plan Amendment/Zone Change 04-003 to
allow development of detached carriage way single family dwelling
units within Planning Areas 4 and 5 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 04-003 would apply to Planning Areas 4 and 5
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 are 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 Areas 4 and 5 since the
development standards would be identical to those for single family
Ordinance No, 1297
Page 2
F.
G.
detached units, with the exception of the minimum rear yard setback,
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.
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 (8)
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 andlor
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.
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.
2.
Achieve balanced development.
Ensure that compatible and complementary development
occurs.
Revitalize older commercial, industrial, and residential
development.
Improve City-wide urban design.
Promote economic expansion and diversification.
Coordinate development with provision of adequate public
facilities and services.
Implement a reuse plan for MCAS Tustin which maximizes
the appeal of the site as a mixed-use, master planned
development.
3.
4.
5.
6.
7.
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
Ordinance No, 1297
Page 3
2.
balanced development including:
a.
Policy 1.10 - Ensure that the distribution and intensity
of land uses are consistent with the Land Use Plan
and classification system.
Policy 6.2 - Encourage and promote high quality
design and physical appearance in all development
projects.
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,
b.
c.
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.
Policy 13.5 - Promote high quality architecture,
landscaping, signage, open space design, circulation
patterns, and landscape patterns distinct. from
surrounding areas.
b.
Section 2. The City Council hereby adopts Zone Change (MCAS Tustin Specific
Plan Amendment) 04-003 ("Zone Change") to amend Sections 3.4.2 and 3.4.3 of
the MCAS Tustin Specific Plan to establish new development standards for
carriage way units in Planning Areas 4 and 5 and minimum development site for
condominium units in Planning Area 4 of MCAS Tustin Specific Plan.
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 No, 1297
Page 4
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the
day of
,2005.
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)
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1297
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, 1297 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 NO. 1297
ZONE CHANGE 04-003
The following changes to the MCAS Tustin Specific Plan shown in underlined text
represent the proposed amendment in Zone Change 04-003:
3.1.1
A.
B.
c.
Planning Area 4 - Low Density Residential
Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right where the symbol "P" occurs or by
conditional use permit where the symbol "C" occurs.
Community care facilities for six or fewer persons
Condominiums and cooperatives
Family care home, foster home or group home, for six or
fewer persons
Large family day care for seven to twelve children on
single family detached lots in accordance with the Tustin
City Code
Multiple-family dwelling units (apartments) in
accordance with tenure provisions in Section 3.4.2.G
Residential care facility for elderly, for six or fewer
persons
Single-family attached dwelling units and duplexes
Single-family detached dwelling units
Single familv detached carriage wav units
Small family day care for less than seven children on
single family detached lots
Accessory Uses and Structures
Accessory uses and structures are permitted when customarily associated with and
subordinate to a permitted use on the same site and would include:
P
P
P
P
C
P
P
P
E
P
Carports
Garages
Home occupations subject to provisions of the City Code
Patio covers/trellises
Swimming pools, spas, jacuzzis
Tennis courts, basketball courts and other multi-purpose
courts, recreation and community buildings
Unlisted Uses
Those uses not specifically listed are subject to a determination by the
Community Development Director as either permitted, permitted subject to a
conditional use permit or prohibited consistent with the purpose of the land
designation of this planning area and the Specific Plan. Decisions of the Director
are appealable to the Planning Commission.
Site Development Standards - Single Family Detached
D.
1.
2.
3.
4.
5.
6.
a)
b)
c)
d)
e)
7.
a)
8.
a)
b)
c)
9.
10.
a)
b)
11.
Maximum dwelling units - 7 dwelling units per acre
Minimum lot area - 3,000 square feet
Minimum lot width - 35 feet
Maximum building height - 35 feet
Maximum lot coverage - 50 percent of lot area. Covered areas shall
include all areas under roof except trellis areas, roof overhangs, and
covered porches outside the exterior wall.
Minimum building setbacks!
Edinger Avenue - 40 feet
Local public street - 10 feet
Private street or private drive - 5 feet
Interior side yard - 3 feet minimum with aggregate requirement of 10 feet
for both side yards
Rear yard - 10 feet
Landscape setbacks4
Edinger Avenue - 30 feet
Landscaping
Areas not devoted to buildings, parking areas, hardscape, and roads, shall
be landscaped.
Compliance with the City of Tustin Landscape and Irrigation Guidelines
Compliance with the Landscape Design Guidelines in Section 2.17 of this
Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections
within the Planning Area, to adjacent Planning Areas, and to citywide
bicycle trails where applicable.
Fences and Walls
Compliance with General Regulations Section 3.11.
A masonry block wall shall be maintained and/or constructed along the
western perimeter of the Planning Area in accordance with the General
Development Regulations.
Other General Development Regulations (refer to Section 3.11 as
applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3.13 as applicable)
12.
13.
Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and
planting areas, Building setbacks are measured from future right-of-way, Non-conforming landscape and
building setbacks will be permitted to remain to accommodate existing walls or buildings not in future right-
of-way,
E.
Site Development Standards - Carriage Way Units
Definition: A tVDe of single family detached product that is located on a
minimum thirtv-six (36) foot wide paved street with a ten (10) foot parkwav 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 oftwentv-four (24) feet wide.
1.
2.
3.
4.
5.
Maximum dwelling units - 7 dwelling units per acre
Minimum lot area - 3.000 square feet
Minimum lot width - 35 feet
Maximum building height - 35 feet
Maximum lot coverage - 50 percent of lot area. Covered areas shall
include all areas under roof except trellis areas. roof overhangs. and
covered porches outside the exterior wall.
Minimum building setbacks2
a) Edinger Avenue - 40 feet
b) Local public street - 10 feet
c) Private street or private drive - 5 feet (front vard)
d) Interior side vard - 3 feet minimum with aggregate requirement of
10 feet for both side vards
Rear vard - 3 feet for garage and 7 feet for living areas including
living areas above garage
Building to building setback- 30 feet minimum. applicable to units
fronting a pase%pen space
Landscape setbacks4
a) Edinger Avenue - 30 feet
Landscaping
a) Areas not devoted to buildings. parking areas. hardscape. and
roads. shall be landscaped.
Compliance with the City of Tustin Landscape and Irrigation
Guidelines
Compliance with the Landscape Design Guidelines in Section 2.17
of this Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections
within the Planning Area. to adjacent Planning Areas. and to citvwide
bicycle trails where applicable.
Fences and Walls
a) Compliance with General Regulations Section 3.11.
b) A masonry block wall shall be maintained and/or constructed
along the western perimeter of the Planning Area in accordance
with the General Development Regulations.
6.
e)
h)
7.
8.
b)
c)
9.
10.
Landscape setbacks are measured ftom the back of the curb and are a combination of parkway,
sidewalk, and planting areas, Building setbacks are measured ftom future rigbt"of-way, Non-
confonning landscape and building setbacks will be permitted to remain to accommodate
existing walls or buildings not in future right-of-way,
II.
12.
13.
14.
15.
Homes that side-on to a local road shall incorporate architectural
enhancements on the side and front view of the unit. as seen from the local
road.
End units - a minimum back UP space of three (3) feet in addition to the
width of the drive approach.
Other General Development Regulations (refer to Section 3.11 as
applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3.13 as applicable to Single Family
Detached)
F.
Site Development Standards - Single Family Attached
I. Maximum dwelling units - 7 dwelling units per acre
2. Minimum lot area per family unit - 3,000 square feet
3. Minimum lot width - no minimum
4. Maximum building height - 35 feet
5. Maximum lot coverage - 100 percent less required setbacks
and open space areas
Common open space - 400 square feet per dwelling unit
located within common, designated recreational areas. Private
attached ground level patios may be credited if open on three
sides. Areas not available for open space credit include all
structures, streets, driveways, landscape setbacks, and parking
lots.
Private outdoor open space - minimum private outdoor open
space shall be increased to 400 square feet for existing units.
Minimum gross floor area per dwelling unit, excluding the
garage:
a) Bachelor - 450 square feet
b) I Bedroom - 550 square feet
c) I Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 900 square feet
Minimum building setbacks)
a) Edinger Avenue - 40 feet
b) Local public street - 10 feet
c) Private street or private drive - 5 feet
d) Interior side yard - 3 feet minimum with aggregate
requirement of 10 feet for both side yards
e) Rear yard - 10 feet
10. Landscape setbacks4
6.
7.
8.
9.
Building setbacks are measured from future right-of-way, Non-conforming landscape and
building setbacks will be permitted to remain to accommodate existing walls or buildings not
in future right-of-way,
Landscape setbacks are measured from the back ofthe curb and are a combination of parkway,
sidewalk, and planting areas, Non-conforming landscape and building setbacks will be
permitted to remain to accommodate existing walls or buildings not in future right-of-way,
G.
a) Edinger Avenue - 30 feet
II. Landscaping
a) Areas not devoted to buildings, parking areas, hardscape,
and roads, shall be landscaped.
Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2.17 of this Specific Plan
12. Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable.
13. Fences and Walls
a) Compliance with General Regulations Section 3.11.
b) A masonry block wall shall be maintained and/or
constructed along the western perimeter of the Planning
Area in accordance with the General Development
Regulations.
14. Other General Development Regulations (refer to Section 3.11
as applicable)
IS. Signage (refer to Section 3.12 as applicable)
16. Off-street parking (refer to Section 3.13 as applicable)
Site Development Standards - Condominiums and Multiple
Family Dwellings
b)
c)
1.
2.
3.
4.
Maximum dwelling units - 7 dwelling units per acre
Minimum development site - 8 acres (minimum legal lot size)
Maximum building height - 40 feet
Maximum lot coverage - 65 percent, less the required building
and landscape setbacks
Common open space - 400 square feet per dwelling unit
located within common, designated recreational areas. Private
attached ground level patios may be credited if open on three
sides. Areas not available for open space credit include all
structures, streets, driveways, landscape setbacks, and parking
lots.
Private outdoor open space - minimum private outdoor open
space shall be increased to 400 square feet for existing units.
Minimum gross floor area per dwelling unit, excluding the
garage
a) Bachelor - 450 square feet
b) I Bedroom - 550 square feet
c) I Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 850 square feet
5.
6.
7.
H.
8.
Minimum building setbacks5
a) Edinger Avenue - 40 feet
b) Local public street - 10 feet
c) Private street or private drive - 5 feet
d) Interior side yard - 3 feet minimum with aggregate
requirement of 10 feet for both side yards
e) Rearyard-IOfeet
Landscape setbacks7
a) Edinger Avenue - 30 feet
Landscaping
a) Areas not devoted to buildings, parking areas, hardscape,
and roads, shall be landscaped.
Compliance with the City of Tustin Landscape and
Irrigation Guidelines
Compliance with the Landscape Design Guidelines in
Section 2.17 of this Specific Plan
Bicycle and pedestrian circulation facilities shall provide
connections within the Planning Area, to adjacent Planning
Areas, and to citywide bicycle trails where applicable.
Fences and Walls
a) Compliance with General Regulations Section 3.11.
b) A masonry block wall shall be maintained and/or
constructed along the western perimeter of the Planning
Area in accordance with the General Development
Regulations.
Other General Development Regulations (refer to Section 3.11
as applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3.13 as applicable)
9.
10.
b)
c)
II.
12.
13.
14.
IS.
Special Development or Reuse Requirements
I. Concept plan approval shall be required for Planning Area 4
prior to reuse or development (refer to Section 4.2.1 of this
Specific Plan).
Development unit - Planning Area 4 shall be developed or
redeveloped as a single development unit.
Affordability - The following minimum affordable housing
production objectives are intended to reflect the intention of the
City to create a redevelopment project area (Community
Redevelopment Law, section 33000) and as needed to meet
Regional Housing Allocation needs as identified in the
Housing Element of the General Plan through the provision of
2.
3.
Landscape setbacks are measured trom the back of the curb and are a combination of parkway,
sidewalk, and planting areas, Building setbacks are measured from future right-of-way, Non-
conforming landscape and building setbacks will be permitted to remain to accommodate
existing walls or buildings not in future right-of-way,
housing for households at very low, low, and moderate
incomes levels. Specific housing requirements for
redevelopment and Housing Element compliance will be
established at the time of development project approval to
ensure uniformity with the Housing Element of the General
Plan and other applicable provisions of California Law and to
achieve the following:
a)
At least 15% of units for initial occupancy by very low
income to moderate income households for
redevelopment, with 6% (or 40%) of units affordable to
very low income households.
At least 38 additional units for occupancy by low income
households.
At least 15 additional units for occupancy by moderate
income households.
Restricted affordable housing units shall be reasonably
dispersed throughout the project and shall be compatible
with the design and use of market rate units in
appearance, use of materials, and finished quality.
Restricted units shall be affordable for at least the
minimwn period of time required by state law, or longer
if required by a construction or mortgage financing
assistance program.
Prior to issuance of a certificate of use and occupancy, a
developer shall enter into a legally binding agreement
with the City of Tustin or its Redevelopment Agency,
and agree to deed restrictions on targeted affordable
housing units that are binding on property upon sale or
transfer. Said agreements shall address the following:
I) Nwnber of units by type, location, bedroom count
2) Standards for qualifying income and maximwn
rents or sales prices
3) Parties responsible for sales prices and incomes
The City of Tustin reserves the right to negotiate transfer
of a developer's obligation pursuant to this section off-
site as a credit for affordable units which cannot be
reasonably feasible to provide on-site which shall be at
the City's sole and absolute discretion. To ensure
comparable equivalent value of an off-site option or
exchange for not providing on-site affordable units, a
financial affordability gap analysis will be conducted by
the City, at developer's cost, to compare the value of the
off-site option and the affordability gap cost of providing
on-site affordable housing.
b)
c)
d)
e)
f)
I.
Tenure - Reuse/development in Planning Area 4 shall be
preferably ownership tenure, Development of apartments is a
discretionary action requiring approval of a conditional use
pennit. Consideration of a conditional use pennit should
include the City's preference for ownership tenure, and in any
event, nò more than 25 percent of the total number of units
pennitted within the City of Tustin portion of the Specific Plan
may be approved for apartments.
Existing structures to be reused shall be brought into
confonnance with applicable provisions of the Unifonn
Building Code as amended by the City, State of California
Title 24 Access Compliance (handicapped provisions), and
requirements of the Americans with Disabilities Act (ADA).
Utility metering modifications and/or provision of independent
utility services shall be committed to by agreement between the
City of Tustin and those agencies receiving property in the
PA 4 prior to use and occupancy of existing buildings and/or
new development. Said agreement shall identify required
capital/infrastructure improvements and environmental impact
report mitigations.
Development or Reuse Guidelines
I. Existing housing units shall be aesthetically upgraded through
architectural and landscape improvements to appear consistent
in quality with private market housing in the surrounding
neighborhoods of Tustin and Irvine. Such improvements shall
be completed prior to issuance of use and occupancy pennits.
The improvements may include, but are not limited to, the
following:
a) Upgraded facade treatments, including use of plaster or
stucco, wood siding, brick, stone, and other approved
materials
Upgraded window types and treatments (i.e. trim)
Upgraded roofing materials and extension of roof
overhangs
Updated color scheme for buildings and walls
Enhancement of private patios and balconies
Upgraded appearance of unit entrances, including
doorways, walkways, decorative paving
Improved landscape design of front yards and common
areas
Consistent landscape treatment along local roads
Extensive planting of trees and shrubs throughout the site
Decorative treatment of all exposed site walls
Upgraded driveways
4.
5.
6.
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
2.
Decorative paving and other hardscape amenities for
pedestrian paths in common areas
m) Improvements to common recreational areas including
provision of shelters, lighting, and refurbishing of
facilities
Creation of project entryways through signage and
landscape design
Upgraded and consistent signage, including project
identification, addressing, and directional signs
p) Enhanced lighting scheme for units, common areas,
paths, and parking areas
Application of defensible space techniques in
landscaping and lighting
The existing boundary wall along Edinger A venue shall be
aesthetically improved with stucco or other facade treatment,
color, and a decorative wall cap, as shown in the example
below.
I)
n)
0)
q)
,-
3.
In the event that infill development shall occur, the following
guidelines shall apply:
a) Consistency with scale massing, and setbacks of existing
structures.
Compliance with re-use guidelines that pertain to the
surrounding structures.
Compliance with appropriate landscape and parking
standards.
Demolition of structures may be as required by Tustin to be
undertaken under the following conditions: I) where
information determines the need for demolition to eliminate
public health and safety risks, 2) to improve the appearance of
the Planning Area, 3) to accommodate the completion of major
roadway improvements, and 4) to properly implement the land
use intent of this Planning Area.
b)
c)
4.
A summary of the key design guidelines for the Low Density
Residential Planning Area is provided in Figure 3-4.
3.1.1 Planning Area 5 - Medium Density Residential
A. Permitted and Conditionally Permitted Uses
The following uses shall be permitted by right where the symbol "P" occurs or by
conditional use permit where the symbol "c" occurs.
Churches and other religious institutions
Community care facilities for six or fewer persons
Condominiums and cooperatives
Convalescent hospital
Family care home, foster home or group home, for six or
fewer persons
Large family day care for seven to twelve children on
single family detached lots in accordance with the Tustin
City Code
Multiple-family dwelling units (apartments) in
accordance with tenure provisions in Section 3.4.3.H
Patio homes
Private school
Public or private preschools
Fire Station
Public/private utility building facility
Residential care facility for elderly, for six or fewer
persons
Single-family attached dwelling units and duplexes
Single-family detached dwelling units
Carriage Wav units
Small family day care for less than seven children on
single family detached lots
B.
C
P
P
C
P
P
C
P
C
C
P
C
P
P
P
~
P
Accessory Uses and Structures
Accessory uses and structures are permitted when customarily associated with and
subordinate to a permitted use on the same site and would include:
Carports
Garages
Home occupations subject to provisions of the City Code
Patio covers/trellises
Swimming pools, spas, jacuzzis
Tennis courts, basketball courts and other multi-purpose
courts, recreation and community buildings
C.
Unlisted Uses
Those uses not specifically listed are subject to a determination by the Community
Development Director as either permitted, permitted subject to a conditional use
D.
permit or prohibited consistent with the purpose of the land designation of this
planning area and the Specific Plan. Decisions of the Director are appealable to the
Planning Commission.
Site Development Standards - Single Family Detached
E.
Maximum dwelling units - IS dwelling units per acre
Minimum lot area - 3,000 square feet
Minimum lot width - 35 feet
Maximum building height - 35 feet
Maximum lot coverage - 50 percent of lot area. Covered areas shall include all
areas under roof except trellis areas, roof overhangs,' and covered porches
outside the exterior wall.
Minimum building setbacks 1
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public street - 10 feet
d) Private street or private drive - 5 feet
e) Interior side yard - 3 feet minimum with aggregate requirement of 10
feet for both side yards
f) Rear yard - 10 feet
Landscape setbacks8
a) North Loop Road - 30 feet
b) West Connector - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) Compliance with the Landscape Design Guidelines in Section 2.17 of
this Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections within
the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails
where applicable.
10. A corner triangular-shaped setback of 60 feet, measured trom the intersection
of the curb lines at North Loop Road and Armstrong Avenue shall be
provided for a secondary community intersection treatment (see Section 2.17
for landscape guidelines).
II. A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2.17 for landscape guidelines).
12. Other General Development Regulations (refer to Section 3.11 as applicable)
13. Signage (refer to Section 3.12 as applicable)
14. Off-street parking (refer to Section 3.13 as applicable)
Site Development Standards - Carriage Way Units
Definition: A type of single family detached product that is located on a minimum
thirtv-six (36) foot wide paved street with a ten (10) foot parkwav on both sides of
the paved portions of the street with a garage that is located to the rear of the
1.
2.
3.
4.
5,
6.
7.
8.
9.
Landscape setbacks are measured fTom the back of the curb and are a combination of parkway, sidewalk, and
planting areas, Non-confonning landscape and building setbacks will be permitted to remain to accommodate
existing walls or buildings not in future right-of-way. Building setbacks are measured from future right-of-way,
residence and takes access from a rear two-way alley that is a minimum of twenty-
four (24) feet wide.
1.
2.
3.
4.
5.
Maximum dwelling units - 7 dwelling units per acre
Minimum lot area - 3.000 square feet
Minimum lot width - 35 feet
Maximum building height - 35 feet
Maximum lot coyerage - 50 percent of lot area. Coyered areas shall include all
areas under roof except trellis areas, roof oyerhangs. and covered porches
outside the exterior wall.
Minimum building setbacks2
a) Edinger Avenue - 40 feet
b) Local public street - 10 feet
c) Private street or private drive - 5 feet (front yard)
d) Interior side yard - 3 feet minimum with aggregate requirement of 10
feet for both side vards
Rear yard - 3 feet for garage and 7 feet for living areas including living
areas above garage
Building to building setback- 30 feet minimum. applicable to units
fronting a pase%pen space
6.
e)
h)
7.
Landscape setbacks4
a) Edinger Avenue - 30 feet
Landscaping
b) Areas not devoted to buildings. parking areas. hardscape. and roads,
shall be landscaped.
Compliance with the City of Tustin Landscape and Irrigation Guidelines
Compliance with the Landscape Design Guidelines in Section 2.17 of
this Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections within
the Planning Area. to adjacent Planning Areas. and to citYWide bicycle trails
where applicable.
Fences and Walls
a) Compliance with General Regulations Section 3.11.
b) A masonry block wall shall be maintained and/or constructed along the
western perimeter of the Planning Area in accordance with the General
Development Regulations.
Homes that side-on to a local road shall incorporate architectural
enhancements on the side and front view of the unit. as seen from the local
road.
End units - a minimum back UP space of three (3) feet in addition to the width
of the drive approach.
Other General Development Regulations (refer to Section 3.11 as applicable)
Signage (refer to Section 3.12 as applicable)
c)
d)
8.
9.
11.
12.
13.
14.
Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk, and
planting areas, Building setbacks are measured from future right-of-way. Non-confonning landscape and building
setbacks will be pennitted to remain to accommodate existing walls or buildings not in future right-of-way,
F.
Off-street parking (refer to Section 3.13 as applicable to Single Familv
Detached)
Site Development Standards - Single Family Attached
I. Maximum dwelling units - 15 dwelling units per acre
2. Minimum lot area per family unit - 3,000 square feet
3. Minimum lot width - no minimum
4. Maximum building height - 35 feet
5. Maximum lot coverage - 100 percent less required setbacks and open space
areas
Common open space - 400 square feet per dwelling unit located within
common, designated recreational areas. Private attached ground level patios
may be credited if open on three sides. Areas not available for open space
credit include all structures, streets, driveways, landscape setbacks, and
parking lots.
Minimum gross floor area per dwelling unit, excluding the garage:
a) Bachelor - 450 square feet
b) I Bedroom - 550 square feet
c) I Bedroom with den- 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 900 square feet
Minimum building setbacks3
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public street - 10 feet
d) Private street or private drive - 5 feet
e) Interior side yard - 3 feet minimum with aggregate requirement of 10
feet for both side yards
f) Rear yard - 10 feet
Landscape setbacks4
a) North Loop Road - 30 feet
b) West Connector - 20 feet
10. Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) Compliance with the Landscape Design Guidelines in Section 2.17 of
this Specific Plan
11. Bicycle and pedestrian circulation facilities shall provide connections within
the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails
where applicable.
12. A corner triangular-shaped setback of 60 feet, measured from the intersection
of the curb lines at North Loop Road and Armstrong A venue shall be
15.
6.
7.
8.
9.
Building setbacks are measured from future rigbt-of-way, Non-conforming landscape and building setbacks will
be permitted to remain to accommodate existing walls or buildings 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, Non-conforming landscape and building setbacks will be permitted to remain to accommodate
existing walls or buildings not in future right-of-way,
G.
provided for a secondary community intersection treatment (see Section 2.17
for landscape guidelines).
13. A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2.17 for landscape guidelines).
14. Other General Development Regulations (refer to Section 3.11 as applicable)
15. Signage (refer to Section 3.12 as applicable)
16. Off-street parking (refer to Section 3.13 as applicable)
Site Development Standards - Condominiums and Multiple Family Dwellings
I. Maximum dwelling units - 15 dwelling units per acre
2. Minimum lot area - none, refer to Section 3.4.3.G.
3. Maximum building height - 40 feet
4. Maximum lot coverage - 65 percent, less the required building and landscape
setbacks
Common open space - 400 square feet per dwelling unit located within
common, designated recreational areas. Private attached ground level patios
may be credited if open on three sides. Areas not available for open space
credit include all structures, streets, driveways, landscape setbacks, and
parking lots.
Minimum gross floor area per dwelling unit, excluding the garage
a) Bachelor - 450 square feet
b) I Bedroom - 550 square feet
c) I Bedroom with den - 700 square feet
d) 2 Bedrooms - 750 square feet
e) 2 Bedrooms or more with den - 850 square feet
Minimum building setbacks 5
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public street - 10 feet
d) Private street or private drive - 5 feet
e) Interior side yard - 3 feet minimum with aggregate requirement of 10
feet for both side yards
f) Rear yard - 10 feet
Landscape setbacks!!
a) North Loop Road - 30 feet
b) West Connector - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) 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.
5.
6.
7.
8.
9.
Landscape setbacks are measured from the back of the curb and are a combioation of parkway, sidewalk, and
planting areas, Building setbacks are measured from future right-of-way, Non-confonning landscape and building
setbacks will be pennitted to remain to accommodate existing walls or buildings not in future right-of-way,
H.
II.
A comer triangular-shaped setback of 60 feet, measured from the intersection
of the curb lines at North Loop Road and Armstrong A venue shall be
provided for a secondary community intersection treatment (see Section 2.17
for landscape guidelines).
A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2.17 for landscape guidelines).
Other General Development Regulations (refer to Section 3.11 as applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3.13 as applicable)
12.
13.
14.
15.
Site Development Standards - Patio Homes
I. Maximum dwelling units - IS dwelling units per acre
2. Minimum lot area - none, refer to Subsection 3.4.3.H. below
3. Building site requirements - patio home subdivisions shall be designated as a
development unit on a tentative map.
Maximum building height - 35 feet
Maximum lot coverage - 100 percent, less required building and landscape
setbacks
Common open space - 400 square feet per dwelling unit located within
common, designated recreational areas. A minimum of ISO square feet may
be for private use if located on ground level and open on three sides. Areas not
available for open space credit include all structures, streets, driveways,
landscape setbacks, and parking lots.
Minimum gross floor area per dwelling unit, excluding the garage - 900
square feet
Maximum number of four bedroom units - 30 percent
Minimum building setbacks6
a) North Loop Road - 25 feet
b) West Connector - 20 feet
c) Local public or private street - The minimum building setback shall be
10 feet from a public or private street. An attached or detached garage
may be setback a minimum of 5 feet from a public or private street. If
living areas are provided above garages, garage setbacks shall apply
provided that no more than 75 percent of the units along the street
frontage have living space over a garage with less than a 10 foot
setback. All units located along both sides of a street segment shall be
included when calculating the above 75 percent detennination,
regardless of whether they front, side, or rear load on that section of a
street. A garage shall not be setback between 9 feet and 19 feet from the
right-of-way line. Garages setback 9 feet or less shall be equipped with
an automatic garage opener.
d) Private drives and courts - The minimum building setback shall be 7
feet in a private court or on a private drive not located within a court.
An attached or detached garage may be setback a minimum of 3 feet
4.
5.
6.
7.
8.
9.
Building setbacks are measured from future right-of-way, Non-confonning landscape and building setbacks will
be pennitted to remain to accommodate existing walls or buildings not in future right-of-way,
10.
provided that no more than 50 percent of the length of the building
frontage over the total length of the drive or court is setback less than 7
feet. In calculating the total length of the drive or court and the length of
building frontage, the length of building and street frontage on both
sides of the drive or .court shall be used. If living areas are provided
above garages, garage setback shall apply. The minimum 3 foot garage
setback shall be increased where necessary to accommodate required
sidewalks. A garage shall not be setback between 9 feet and 19 feet
from the right-of-way line. Garages setback 9 feet or less shall be
equipped with an automatic garage opener. A minimum distance of 40
feet shall be maintained between ground floor living areas on units
across from each other in a court, on a drive, or on a shared driveway.
Minimum distance between buildings - The minimum horizontal
distance between adjacent buildings shall be 10 feet. The minimum
distance between buildings may be reduced to 6 feet for no more than a
maximum length of 25 feet of a building elevation, provided that there
are no windows on one elevation for that portion of the building
elevation with less than a 10 foot setback. If living areas are provided
above garages, garage setbacks shall apply.
Tract boundary - The minimum building setback from any tract
boundary shall be 10 feet. If the tract boundary is adjacent to a park or
other permanent open space, the minimum building setback shall be 5
feet.
Landscape setbacks7
a) North Loop - 30 feet
b) West Connector - 20 feet
Landscaping
a) Compliance with the City of Tustin Landscape and Irrigation Guidelines
b) Compliance with the Landscape Design Guidelines in Section 2.17 of
this Specific Plan
Bicycle and pedestrian circulation facilities shall provide connections within
the Planning Area, to adjacent Planning Areas, and to citywide bicycle trails
where applicable.
A corner triangular-shaped setback of 60 feet, measured from the intersection
of the curb lines at North Loop Road and Armstrong Avenue shall be
provided for a secondary community intersection treatment (see Section 2.17
for landscape guidelines).
A portal intersection treatment shall be provided at Edinger Avenue and West
Connector (see Section 2.17 for landscape guidelines).
Other General Development Regulations (refer to Section 3.11 as applicable)
Signage (refer to Section 3.12 as applicable)
Off-street parking (refer to Section 3.13 as applicable)
e)
f)
II.
12.
13.
14.
15.
16.
17.
Landscape setbacks are measured from the back of the curb and are a combination of parkway, sidewalk. and
planting areas, Non-confonning landscape and building setbacks will be permitted to remain to accommodate
existing walls or buildings not in future right-of-way,
I.
Special Development Requirements
I. Concept plan approval shall be required for Planning Area 5 prior to
development (refer to Section 4,2.1 of this Specific Plan),
Affordability - The following minimum affordable housing production
objectives are intended to reflect the intention of the City to create a
redevelopment project area (Community Redevelopment Law, section 33000)
and as needed to meet Regional Housing Allocation needs as identified in the
Housing Element of the General Plan through the provisions of housing for
households at very low, low and moderate income levels. Specific housing
requirements for redevelopment and Housing Element compliance will be
established at the time of development project approval to ensure uniformity
with the Housing Element of the General Plan and other applicable provisions
of California Law and to achieve the following:
a) At least 15% of units for initial occupancy by very low income to
moderate income households for redevelopment, with 6% (or 40%) of
units affordable to very low income households.
b) At least 38 additional units for occupancy by low income households.
c) At least 16 additional units for occupancy by moderate income
households.
d) Restricted affordable housing units shall be reasonably dispersed
throughout the project and shall be compatible with the design and use
of market rate units in appearance, use of materials, and finished
quality. Restricted units shall be affordable for at least the minimum
period of time required by state law, or longer if required by a
construction or mortgage financing assistance program.
Prior to issuance of a certificate of use and occupancy, a developer shall
enter into a legally binding agreement with the City of Tustin or its
Redevelopment Agency, and agree to deed restrictions on targeted
affordable housing units that are binding on property upon sale or
transfer. Said agreements shall address the following:
I) Number of units by type, location, bedroom count
2) Standards for qualifying income and maximum rents or sales
prices
3) Parties responsible for sales prices and incomes
The City of Tustin reserves the right to negotiate transfer of a
developer's obligation pursuant to this section off-site as a credit for
affordable units which cannot be reasonably feasible to provide on-site
which shall be at the City's sole and absolute discretion. To ensure
comparable equivalent value of an off-site option or exchange for not
providing on-site affordable units, a financial affordability gap analysis
will be conducted by the City, at developer's cost, to compare the value
of the off-site option and the affordability gap cost of providing on-site
affordable housing.
Tenure - Development in Planning Area 5 of apartments is a discretionary
action requiring approval of a conditional use permit. In considering a
conditional use permit, no more than 25 percent of the total number of units
2.
e)
f)
3.
J.
pennitted within the Tustin portion of the Specific Plan area may be approved
for apartments.
Condominiums and multiple family development may contain numerous lots,
but shall be designated as a development unit on a tentative map. The
minimum size for a development unit shall be 10 acres.
Development Guidelines
1. Buildings should be staggered along North Loop Road to provide variety
along the streetscape.
The use of sound walls should be minimized through building site location.
Demolition of structures may be required by Tustin to be undertaken under the
following conditions: 1) where infonnation detennines the need for
demolition to eliminate public health and safety risks, 2) to improve the
appearance of the Planning Area, 3) to accommodate the completion of major
roadway improvements, and 4) to properly implement the land use intent of
this Planning Area.
A summary of the key design guidelines for the Medium Density Residential
Planning Area is provided in Figure 3-4.
4.
2.
3.