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HomeMy WebLinkAbout10-ATTACHMENT G (CC RESOLUTION NO. 19-54)ATTACHMENT G CITY COUNCIL RESOLUTION NO. 19-54 (TENTATIVE TRACT MAP AND DESIGN REVIEW) • EXHIBIT A - TUSTIN LEGACY SPECIFIC PLAN EIS/EIR INITIAL STUDY & CHECKLIST • EXHIBIT B - CONDITIONS OF APPROVAL RESOLUTION NO. 19-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 19103 AND DESIGN REVIEW 2019-00009 FOR THE DEVELOPMENT OF 400 RESIDENTIAL CONDOMINIUM UNITS ON LOTS 2 and 5-10 OF TRACT 18197 WITHIN PLANNING AREA 8,13 and 14 OF NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application has been submitted by Brookfield Homes Southern California LLC for the development of 400 for -sale residential condominium units, a community facility and other neighborhood amenities on Lots 2 and 5- 10 of Tract 18197, currently owned by the City of Tustin within Planning Areas 8,13 and 14 of the Tustin Legacy Specific Plan. B. That the development application includes the following requests: 1. Tentative Tract Map (TTM)19103 to subdivide an approximately 25.4 -acre site into seventy-three (73) numbered lots and ten (10) lettered lots for the development of 400 residential condominium units, a community recreation facility, open space areas, and other neighborhood amenities. 2. Design Review (DR) 2019-00009 for the design and site layout of a residential condominium community including 117 single family detached units, 129 townhomes, 154 flats and townhomes, a community facility, and other neighborhood amenities. C. That the site is zoned as Tustin Legacy Specific Plan (SP 1) within Planning Areas 8, 13 and 14 of Neighborhood D; and designated as Tustin Legacy Specific Plan by the Tustin General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. D. That a public hearing was duly called, noticed, and held on said application on November 12, 2019, by the Planning Commission. The Planning Commission adopted Resolution No. 4395, recommending that the City Council approve TTM 19103 and DR 2019-00009. E. That a public hearing was duly called, noticed, and held on said application on December 3, 2019, by the City Council. Resolution No. 19-54 Page 2 F. That Tustin Legacy Specific Plan Section 4.2.7 requires all private development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC. The DA can be supported by the following findings: 1. The project is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Tustin Legacy Specific Plan in that residential uses are permitted uses within Planning Areas 8, 13 and 14 of Neighborhood D. 2. The project is compatible with the uses authorized in the district in which the real property is located (Planning Areas 8, 13 and 14) in that similar and compatible uses are envisioned within the close proximity of the project site. 3. The project is *in conformity with the public necessity, public convenience, general welfare, and good land use practices in that the project would provide three (3) product types within the 400 new housing units for new and existing Tustin residents thereby providing additional options for housing to the City's housing stock. 4. The project will not be detrimental to the health, safety, and general welfare. The project will comply with the Tustin Legacy Specific Plan, TCC, and other regulations to ensure that the project will not be detrimental in any way. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed, and equipped with necessary infrastructure and amenities to support existing and future residents and businesses in Tustin Legacy. 6. The project will have a positive fiscal impact on the City in that the provisions of the proposed DA and conditions of approval will ensure that the project will have a positive fiscal impact on the City. G. As conditioned, the TTM 19103 will be in conformance with the Tustin Area General Plan, Tustin Legacy Specific Plan, State Subdivision Map Act and the City's Subdivision Code as follows: 1. That the site is located in Planning Area 8, 13 and 14 (Lots 2 and 5-10 of Tract 18197) of the Tustin Legacy Specific Plan, which is designated for Mixed -Use Urban within the Tustin Legacy Specific Plan and that the proposed development as conditioned will be physically suitable for the type of development and proposed density of development; Resolution No. 19-54 Page 3 2. The developer will be required to provide funding towards the project's fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at Tustin Legacy, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; retention and detention systems, open space and public recreational facilities and; utility backbone systems; 3. That the proposed subdivision would not have a new impact on school district facilities within the Tustin Unified School District (TUSD) or Santa Ana Unified School District (SAUSD) in that school impacts for development were considered in the MCAS Reuse Plan which identified school facility sites that will be conveyed to the TUSD by the Federal Department of Education or the City of Tustin to serve development of property at Tustin Legacy. The Tustin Legacy Specific Plan, the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR), its supplements and addenda, and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the TUSD and SAUSD prior to issuance of building permits in accordance with the City's procedures; 4. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; 5. The proposed subdivision is not located within a 100 -year flood plain according to the Federal Emergency Management Agency map for the area (2009); 6. Adequate infrastructure to support buildout of the project, construction of all public infrastructure and in -tract private drives and utility systems is required within the initial phases of development and in accordance with the approved phasing plan; 7. That section 2.3.4 of TLSP authorizes the City Engineer to approve variations to the standard cross sections for certain roadways, proposed within the subdivision; Resolution No. 19-54 Page 4 H. Pursuant to the Tustin Legacy Specific Plan. and Section 9272 of the Tustin Municipal Code, the City Council 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 City Council has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Roof structures. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development Guidelines and criteria as adopted by the City Council. I. That the developer opted to install private drives in lieu of private streets for internal circulation. This option has been reviewed and approved by the Community Development Department, subject to provision of additional safety measures such as stop signs with stop bars, mirrors, or similar devices, subject to final review and approval by the Community Development Department and the Building Official. J. That the Community Development Director has considered and approved deviations in the maximum building setback to allow for additional outdoor open space uses and greater variation in the staggering of building faces along the street. That the proposed deviations are consistent with the intent of the established standards and the Tustin Legacy Specific Plan. K. That the Community Development Director has considered and approved off-street parking requirements for flats located within the metro building where two -car tandem and one -car garages are proposed to allow for increased flexibility in building design. Alternate required spaces have been provided and are required to be maintained on-site. Resolution No. 19-54 Page 5 L. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplements is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplements considered the potential environmental impacts associated with development on the former MCAS, Tustin. An Environmental Checklist attached hereto as Exhibit A has been prepared and concluded that these actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The City Council hereby approves TTM 19103 and DR 2019-00009, subject to the conditions attached hereto as Exhibit B. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 3rd day of December, 2019. CHARLES E. PUCKETT MAYOR ATTEST: ERICA N. YASUDA CITY CLERK Resolution No. 19-54 Page 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 19-54 I, ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 19-54 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of December, 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA CITY CLERK Appendix G (Environmental Checklist Form) TU TIN 8ill LEI] NG OUR FUi URI HONORING OUR P,"T CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin The following checklist takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title: Disposition and Development Agreement for Disposition Parcel 2C and 8, General Plan Conformity, Design Review 2019-00009, Development Agreement 2019-00001, and Tentative Tract Map 19103 Lead Agency: Lead Agency Contact Person: Phone City of Tustin 300 Centennial Way Tustin, California 92780 Samantha Beier (714) 573-3354 Project Location: Disposition Parcels 2C and 8 are bounded by future Airship Avenue to the north, Street `D' to the east, Alley Grove Promenade to the south, and Street `B' to the west within Planning Areas 8, 13 and 14 of Neighborhood D, Tustin Legacy Specific Plan (MCAS Tustin). Site includes lots 2 and 5-10 of Tract 18197. Project Sponsor's Name and Address General Plan Land Use Designation Zoning Designation: Brookfield Residential c/o Ms. Cheryl Casanova 3200 Park Center Drive, Suite 1000 Costa Mesa, CA 92626 Tustin Legacy Specific Plan Tustin Legacy Specific Plan Project Description: Disposition and Development Agreement for Disposition Parcels 2C and 8, General Plan Conformity, Design Review 2019-00009, Development Agreement 2019-00001, and Tentative Tract Map INITIAL STUDY City of Tustin 19103 for the purpose of developing 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and town homes in addition to common areas such as open space and paseos, recreation facility including a swimming pool and outdoor barbeque area, and necessary infrastructures and street system to support the proposed development. Surrounding Land Uses and Setting: North: Vacant land East: Vacant land South: Vacant land West: Vacant land Previous Environmental Documentation: On January 16, 2001, the City of Tustin certified the program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia north loop road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR'and, on May 13, 2013, the City Council adopted Resolution No. 13-32 approving a Second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR. The FEIS/EIR, along with its addendums and supplements, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addendums and supplemental considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. Other public agencies whose approval is required: 0 Orange County Fire Authority ❑ City of Santa Ana Orange County EMA District ❑ City of Irvine ❑ 'South Coast Air Quality Management ❑ Other ❑ Orange County Health Care Agency Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun? 2.Page INITIAL STUDY - _ _.. - _. ------- B. --- -B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: City of Tustin 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 on the following pages. Aesthetics ❑ Biological Resources ❑ Greenhouse Gas Emissions ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation/Traffic ❑ Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture and Forestry Resources ❑ Cultural Resources ❑ Hazards & Hazardous Materials El Mineral Resources ❑ Public Services ❑ Tribal Cultural Resources ❑ Air Quality ❑ Geology /Soils ❑ Hydrology / Water Quality El Noise ❑ Recreation ❑ Utilities / Service Systems ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® 1 find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because 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. 3Page INITIAL STUDY City of Tustin ❑ 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. JPreparer: Date:_ I1 OS 2019 Samantha Beier, Associate Planner - Planning r'Dates Elizabeth A. Binsack, Community Development Director 396 Appendix G (Environmental Checklist Form) C. EVALUATION OF ENVIRONMENTAL IMPACTS: See Attached. 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on . the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they, address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance INITIAL STUDY City of Tustin ------- --------..._ _.. - ._... ------ ._ - --------------------- - - - - --- - - - ...... -......... . __ ---- - ----- -- D. INITIAL STUDY Issues: I. AESTHETICS. Except as provided in Public Resources Code Section 21099. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rocks outcroppings, and historic buildings within a state scenic highway? C) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surrounding's? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? AGRICULTURE AND FOREST 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 6 1 P a g e Potentially Less Than No Change Significant Significant From Impact With Mitigation Previous Incorporated Analysis ❑ ❑ ❑ ❑ Z ❑ ❑ 0 ❑ ❑ 0 INITIAL STUDY City of Tustin and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Issues: 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) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? 7 1 P a g e Potentially Less Than No Change Significant Significant From Impact With Mitigation Previous Incorporated Analysis ❑ ❑ Z ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ INITIAL STUDY City of Tustin Issues: Potentially Less Than No Significant Significant With Change Impact Mitigation From Incorporated Previous Analysis 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) 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. c) Expose, sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? 8 1 P a g e ❑ ❑ 0 ❑ ❑ ❑ ❑ INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant With From Previous Impact Mitigation Analysis Incorporated IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 9IPage 1■1 ❑■ ■❑ El C 701 A %4' 111 /�/ INITIAL STUDY City of Tustin -----� ..--�...... -_.._._...----------- ---- ------ ------------- Issues: ------..._.. Potentially -------- _ _ Less Than - ...._...... No Change Significant Significant With From Previous Impact Mitigation Analysis Incorporated 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 E El 0. in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change ❑ E in the significance of an archaeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a ❑ El z unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, 1:1 E including those interred outside of dedicated cemeteries? VI. ENERGY Would the project: a) Result in potentially significant environmental E] 1:1 impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for 1:1 E renewable energy or energy efficiency? VII. GEOLOGY AND SOILS. Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 101 Page _ INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant With From Impact Mitigation Previous Incorporated Analysis i. Rupture of a known ❑ ❑ earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic -related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 111 Page ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ z n El E INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant With From Impact Mitigation Previous Incorporated Analysis e) Have soils incapable of ❑ ❑ adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? VIII. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 121 Page C C ❑■ ❑■ ❑■ ►� ►tet ►0 W 131 Page INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant With From Impact Mitigation Previous Incorporated Analysis C) Emit hazardous emissions or E E] 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 El included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an ❑ airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area. f) Impair implementation of or ❑ ED physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? 131 Page 141 Page INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant From Impact With Mitigation Previous Incorporated Analysis X. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards E] or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater ❑ ❑ 23 supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing ❑ ❑ 2 drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i. Result in a substantial ❑ El erosion or siltation on- or off- site; ii. Substantially increase the El El rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii. Create or contribute runoff ❑ ❑ water which would exceed the capacity or existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. Impede or redirect flood El ❑ 19 flows? d) In flood hazard, tsunami, or seiche ❑ El zones, risk release of pollutants due to project inundation? 141 Page INITIAL STUDY City of Tustin _.---._______..__.___.._._...__......__.....__......._._........... ----____.._..-----........_-----___...-- Issues: -__.__._._._._..._._....._..._.__.-- ................. Potentially ..._._..___-._._....__._ __._____ Less Than __._.._.__.---------......_._........_...___-. No Change Significant Significant From Impact With Mitigation Previous Incorporated Analysis e) Conflict with or obstruct implantation El ❑ of a water quality control plan or sustainable groundwater management plan? XI. LAND USE AND PLANNING. Would the project: a) Physically divide an established ❑ ❑ ED community? b) Cause a significant environmental E] ❑ ED impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? XII. MINERAL RESOURCES. Would the project: a) Result in the loss of availability El ❑ of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability E] El 0 of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 15Page INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant With From Impact Mitigation Previous Incorporated Analysis XIII. NOISE. Would the project result in: a) Generation of a substantial El El 0 temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive El El 0 groundborne vibration or groundborne noise levels? C) For a project located within an E E] E 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? XIV. POPULATION AND HOUSING. Would the project: a) Induce substantial unplanned E population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? 161 Page XV. PUBLIC SERVICES. Would the project: a) 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: i. Fire protection? INITIAL STUDY ❑ City of Tustin Issues: Potentially Less Than No Change iii. Schools? Significant Significant From Previous iv. Parks? Impact With Mitigation Analysis V. Other public facilities? El Incorporated b) Displace substantial numbers of ❑ ❑ existing housing, necessitating the construction of replacement housing elsewhere? XV. PUBLIC SERVICES. Would the project: a) 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: i. Fire protection? E] ❑ ED ii. Police protection? E El z iii. Schools? El ❑ iv. Parks? ❑ E] V. Other public facilities? El El XVI. RECREATION. Would the project: a) Increase the use of existing El ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 171 Page ►-i XVII. TRANSPORTATION Would the project: a) Conflict with a program, plan, ordinance ❑ ❑ 0 or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA El El Guidelines § 15064.3, subdivision (b)? C) Substantially increase hazards El El due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency ❑ El access? 181Page INITIAL STUDY City of Tustin ...__....... .._..__.___--.--_-...-----._._.___.___.._.___._...._..__._._.._....___._.__.__.__.._.___..._............. Issues: ._._..---._....-........... Potentially _.___.___.... ....... ... __.___________._._ Less Than ............ ...... _.____._...__.____._._..___._-_ No Change Significant Significant From Previous Impact With Mitigation Analysis Incorporated b) Does the project include ❑ El recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XVII. TRANSPORTATION Would the project: a) Conflict with a program, plan, ordinance ❑ ❑ 0 or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA El El Guidelines § 15064.3, subdivision (b)? C) Substantially increase hazards El El due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency ❑ El access? 181Page INITIAL STUDY City of Tustin __... - - - - - - -- ------ ............. ---- -.._.. --- _. _.. - - - - - _ _ ._ _ _ . Issues: Potentially Less Than No Change Significant Significant From Previous Impact With Mitigation Analysis Incorporated XVIII. TRIBAL CULTURAL RESOURCES. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or is eligible for listing in the ❑ California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). b) A resource determined by the �] lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. XIX. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Require or result in the relocation or construction ❑ ❑ 0 of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? 191 Page INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant From Previous Impact With Mitigation Analysis Incorporated b. Have sufficient water supplies available to serve ❑ ❑ ED the project and reasonably foreseeable future development during normal, dry and multiple dry years? c. Result in a determination by the waste water ❑ ❑ 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? d. Generate solid waste in excess of state or local ❑ ❑ standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state, and local E] management and reduction statutes and regulations related to solid waste? XIX: WILDFIRE If located in or near state responsibility area or lands classified as very high fire hazard severity zones. Would the project: a. Substantially impair an adopted emergency El 0 response plan or emergency evacuation plan? b. Due to slope, prevailing winds, and other factors, ❑ El exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? 201 Page INITIAL STUDY City of Tustin Issues: Potentially Less Than No Change Significant Significant From Previous Impact With Mitigation Analysis Incorporated c. Require the installation or maintenance of El ❑ associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, ❑ El including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? XXI. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to substantially 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, substantially 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 E which will cause substantial adverse effects on human beings, either directly or indirectly? Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov. Code; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.05, 21083.3, 21093, 21094, 21095, and 21151, Public Resources Code; Sundstrom v. County of Mendocino, (1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors, (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.AppAth 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.AppAth at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002)102 Cal.AppAth 656. 211 Page INITIAL STUDY City of Tustin m101 IN 11 FINk Figure 1-1 GENERAL K� R -MLA Tustin Planning Area 2 2 1 P a g e EVALUATION OF ENVIRONMENTAL IMPACTS Disposition and Development Agreement for Disposition Parcels 2C and 8, General Plan Conformity, Development Agreement 2019-00001, Design Review 2019-00009, and Tentative Tract Map 19103 PREVIOUS ENVIRONMENTAL DOCUMENTATION On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report' (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. On May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second Supplement to the FEIS/EIR in conjunction with Specific Plan Amendment 2016-01 (Ordinance 1482) for the Tustin Legacy Specific Plan (formerly MCAS Tustin Specific Plan). The FEIS/EIR, along with its addendums and supplements, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addendums and supplemental considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. The FEIS/EIR, Addendums and Supplement analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the Tustin Legacy Specific Plan (referred to in this document as the Specific Plan). The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and City of Irvine must take to implement the Tustin Legacy Specific Plan. The Tustin Legacy Specific Plan proposed and the FEIS/EIR analyzed a multi-year development period for the planned urban reuse project (Tustin Legacy). When individual discretionary activities within the Specific Plan are proposed, the lead agency is required to examine the individual activities to determine if their effects were fully analyzed in the FEIS/EIR. The agency can approve the activities as being within the scope of the project covered by the FEIS/EIR. If the agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent EIR is required. PROJECT LOCATION The project site is approximately 25.4 gross acres located within the Tustin Legacy Specific Plan (Tustin Legacy) boundaries affecting Disposition Parcel 2C and 8. The project site is bounded by future Airship Avenue to the north, Street 'D' to the east, Alley Grove Promenade to the south, and Street 'B' to the west within Planning Areas 8, 13, and 14 of Neighborhood D, Tustin Legacy Specific Plan. Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 2 PROJECT DESCRIPTION Disposition and Development Agreement (DDA) for Disposition Parcels 2C and 8, General Plan Conformity, Development Agreement 2019-00001, Design Review 2019-00009, and Tentative Tract Map 19103 are development applications to construct 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes in addition to common areas such as open space and paseos, recreation facility including a swimming pool and outdoor barbeque area, and necessary infrastructures and street system to support the proposed development. The site is bounded by future Airship Avenue to the north, Street `D' to the east, Alley Grove Promenade to the south, and Street 'B' to the west. The proposed project requires approval of General Plan Conformity, a Development Agreement, Design Review and a Tentative Tract Map. The disposition and conveyance of the project site requires a Disposition and Development Agreement. The project has been designed to enhance livability by integrating three (3) distinctive housing styles as follows: Metro Flats. There are 154 attached flats and townhome condominiums ranging from 1,038 to 2,213 square feet with 1-3 bedrooms. Each of the seven (7) motorcourt flats buildings contain twenty-two (22) residential units. Townhomes. There are 129 attached row townhome condominiums ranging from 1,965 to 2,295 square feet with 3-4 bedrooms. Each of the forty-three (43) triplex townhome buildings include three (3) residential units. Single Family Detached. There are 117 single-family detached condominiums ranging from 2,432 to 3,330 square feet in size with 3-5 bedrooms. Generally, the applications can be described as follows: • Disposition and Development Agreement for Disposition Parcel 2C and 8: The Disposition and Development Agreement for Disposition Parcels 2C and 8 (DDA) is the agreement between the applicant and the City for the proposed disposition and conveyance of the proposed project site. • General Plan Conformity: The General Plan Conformity is used to determine that the location, purpose, and extent of the proposed disposition of an approximately 25.4 -acre site (Lots 2 and 5-10 of Tract 19103) within Neighborhood D of the Tustin Legacy Specific Plan for the development of 400 residential condominium units is in conformance with the approved General Plan. • Development Agreement 2019-00001: Pursuant to Section 4.2.7 of the Tustin Legacy Specific Plan, prior to issuance of any permits or approval of any entitlements within the Specific Plan area, all private development shall first obtain a Development Agreement in accordance with the State's Government Code and Tustin City Code. The purpose of the Development Agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce economic risk of development. Accordingly, Brookfield Residential has submitted a Development Agreement to augment and further the purpose and intent of the General Plan and Specific Plan, and Final EIS/EIR and will ensure the orderly implementation of infrastructure and development. The Development Agreement also includes schedule of performance, obligations, and phasing triggering mechanism that Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 3 ensure adequate local and Tustin Legacy backbone infrastructure program are in place to support the proposed development. • Design Review 2019-00009: Pursuant to Section 4.2.2 of the Tustin Legacy Specific Plan, individual development shall require Site Plan and Design Review in accordance with the Tustin City Code. Design Review 2019-00009 has been proposed for the project site planning and design. The proposed project design and site layout are consistent with the intent of the Specific Plan and complies with design review criteria prescribed in the Tustin City Code. • Tentative Tract Map 19103: The proposed Tentative Tract Map is a condominium subdivision of an approximately 25.4 - acre site into 73 numbered lots and 10 lettered lots for the development of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes in addition to common areas such as open space and paseos, recreation facility including a swimming pool and outdoor barbeque area, and necessary infrastructures and street system to support the proposed development. EVALUATION OF ENVIRONMENTAL IMPACTS An Environmental Analysis Checklist has been completed and it has been determined that this Project is witliin the scope of the Prior Environmental Review and that pursuant to Public Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162 and 15168(c), there are no substantial changes in the project requiring major revisions to the Prior Environmental Review, no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions to the Prior Environmental Review, or any new information which was not known and could not have been known at the time the Prior Environmental Review was certified showing that: (1) the project will have any new significant effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation measures or alternatives previously determined to be infeasible will now be feasible and would substantially reduce one or more significant effects of the project but the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation measure or alternative. Accordingly, no new environmental document is required by CEQA. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 4 The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed- use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. The project is not located on a scenic highway nor will it affect a scenic vista. The development of residential units within Planning Areas 8, 13, and 14 were considered within the FEIS/EIR and will have no negative aesthetic effect on the site when mitigation measures identified in the FEIS/EIR are incorporated with approval of the project. All exterior design is required to be in compliance with Section 3.19 — Urban Design Guidelines of the Tustin Legacy Specific Plan. The proposal includes Design Review application, which requires that the Planning Commission and City Council review and ensure the design of the project, if approved, is found to be cohesive and in harmony with surrounding uses. All exterior lighting would be designed to reduce glare, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 3.19.3d of the Tustin Legacy Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEIS/EIR, the Supplemental and Addendums. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to aesthetics. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: No new impacts or substantially more severe aesthetic impacts would result from the adoption and implementation of the Project; therefore, no new or revised mitigation measures are required for aesthetics and visual quality. No refinements related to the Project are necessary to the FEIS/EIR mitigation measures and no new mitigation measures are required. Mitigation measures were adopted by the Tustin City Council in the FEIS/EIR, Addendums and Supplemental; and applicable measures will be required to be complied with as conditions of entitlement approvals for future development of the site. Sources: Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-58 through 3- 67) Tustin Legacy Specific Plan (Pages 5-35 through 5-68) Tustin General Plan II. AGRICULTURE AND FORESTRY 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. In determining whether Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 5 impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. 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) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non -forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forestland to non -forest use? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. As documented in the FEIS/EIR, the project site is part of Tustin Legacy Specific Plan that contained 702 acres of farmland. The FEIS/EIR concluded that there would be no viable long-term mitigation to off -set the impact of converting farmland on MCAS Tustin to urban uses. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to agricultural resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 6 Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-83 through 3-87, 4-109 through 114) and Addendums (Page 5-3 through 5-8) Tustin Legacy Specific Plan (Pages 5-43 through 5-47) Tustin General Plan 1111. 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) 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)? c) Expose sensitive receptors to substantial pollutant concentrations? d) Create objectionable odors affecting a substantial number of people? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed- use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. As documented in the FEIS/EIR, the project is part of a larger reuse project at Tustin Legacy that was projected to result in air quality impacts that cannot be fully mitigated. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. The site is presently not in use. The project applicant proposes to construct within the maximum allowable residential units in Planning Areas 8, 13, and 14 of the Tustin Legacy Specific Plan. Therefore, no significant impact beyond what was analyzed in the adopted FEIS/EIR is anticipated. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to air quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required. -'Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through153, 4-207 through 4-230 and pages 7-41 through 7-42) Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 7 FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.1-1 through 5.1-32) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Table 2, 1993 South Coast Air Quality Management District, CEQA Air Quality Handbook Tustin General Plan IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. The FEIS/EIR found that implementation of the Reuse Plan and Tustin Legacy Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR, the Supplementals and Addendums for MCAS Tustin. The FEIS/EIR determined that implementation of the Reuse Plan and Tustin Legacy Specific Plan (including the proposed project) could impact jurisdictional waters/wetlands and the southwestern pond turtle or have an impact on jurisdictional waters/wetlands. The project site has been surveyed, and turtles were captured and moved off the site to another location as directed and overseen by the California Department of Fish and Game. Since that time, all former Marine Corps base drainage channels in the area were removed and graded by the former owner of the property with the required 401, 404 and 1601 permits issued by Fish and Game, Army Corps of Engineers, and Regional Water Quality Control Board. Consequently, the proposed project would not affect the southwestern pond turtle or have an impact on Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 8 jurisdictional waters or wetlands. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to biological resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required. No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3- 82, 4-103 through 4-108, and 7-26 through 7-27) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan V. CULTURAL RESOURCES —Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Disturb any human remains, including those interred outside formal cemeteries? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. It should be noted that the former MCAS Tustin contained two National Register listed blimp hangars, and several concrete or asphalt blimp landing pads that were considered historically or culturally significant, pursuant to the federal Section 106 process conducted at the site. Through the Section 106 process, these facilities were identified as part of a discontiguous Historic District. The Navy, State Office of Historic Preservation (SHPO), and Advisory Council executed a Memorandum of Agreement (attached as part of the EIS/EIR) with City of Tustin and County of Orange as invited signatories that allowed for the destruction of the blimp pads. The EIS/EIR noted that it may not be financially feasible to retain the blimp hangars and there may be irreversible significant impacts. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Consistent with the above referenced agreement, the previous owner of the property removed the blimp pad from the project site and leveled the property. However, no portion of the previously existing blimp landing pads nor the existing blimp hangars are located within the project site boundary. Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 9 Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. Although one archaeological site (CA -ORA -381) has been recorded within the Reuse Plan area, it is believed to have been destroyed. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by grading and construction activities. With the inclusion of mitigation measures that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to cultural resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effect or mitigation measures or alternatives that was not known and could not have been known when the FEIS/EIR was certified as complete. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74, 4-93 through 4-102 and 7-24 through 7-26) Tustin Legacy Speck Plan (Pages 5-34 through 5-68) Tustin General Plan Vl. ENERGY — Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan, which also allows for commercial, retail, and institutional uses. The main forms of available energy supply are electricity, natural gas, and oil. A description of the 2016 California Green Building Standards Code (CBSC), otherwise known as the CAL Green Code (CCR Title 24, Part 11), became effective on January 1, 2017. The purpose of the CAL Green Code is to improve public health, safety, and Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 10 general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. Construction of the proposed project would involve on-site energy demand and consumption related to use of oil in the form of gasoline and diesel fuel for construction worker vehicle trips, hauling and materials delivery truck trips, and operation of off-road construction equipment. In addition, diesel -fueled portable generators may be necessary to provide additional electricity demands for temporary on-site lighting, welding, and for supplying energy to areas of the sites where energy supply cannot be met via a hookup to the existing electricity grid. Following implementation of the proposed project, Southern California Edison would provide electricity and Southern California Gas Company would provide natural gas to the project site. Energy use associated with operation of the proposed project would be typical of residential uses, requiring electricity and natural gas for interior and exterior building lighting, heating, ventilation, and air conditioning (HVAC), electronic equipment, appliances, security systems, and more. Maintenance activities during operations, such as landscape maintenance, could involve the use of electric or gas -powered equipment. In addition to on-site energy use, the proposed project would result in transportation energy use associated with resident, guest, and employee vehicle trips generated by the proposed project. , The Program EIS/EIR for MCAS -Tustin does not specifically provide an analysis of energy usage, however, potential impacts are indirectly addressed, and the development would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS -Tustin. Future development projects involving temporary increases in energy consumption are likely to occur during construction which would be greater than those typically experienced in the existing neighborhood. New construction will be required to comply with the latest edition of applicable codes which include energy codes related to efficiency. However, impacts associated with any future project would be identified during the project review process and evaluated in conjunction with the applicable discretionary or building permit process that may be subject to separate CEQA review. The project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases and does not differ from the existing standards within the City Code or General Plan. Mitigation/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS -Tustin, which are hereby incorporated by reference. Sources: Field Observations FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.2-1 through Pages 5.2-29) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TfM 19103 Page 11 VII. GEOLOGY AND SOILS — Would the project: a) Directly or indirectly cause potential substantial effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic -related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil or loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. The FEIS/EIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and Tustin Legacy Specific Plan would "include non -seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure." However, the FEIS/EIR for MCAS Tustin also concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. No substantial change is expected for development of the project from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to geology and soils. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 12 severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required. As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3- 97, 4-115 through 4-123 and 7-28 through 7-29) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan VIII. GREENHOUSE GAS EMISSIONS — Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan, which also allows for commercial, retail and institutional uses. These uses currently generate greenhouse gas emissions from natural gas used for energy, heating and cooking, electricity usage, vehicle trips associated with each land use areas sources such as landscaping equipment and consumer cleaning products from water demand, wastewater generation and solid waste generation. The FEIS/EIR did not evaluate greenhouse gas (GHG) emissions impacts because, prior to SB 97, which went into effect January 1, 2010, it was not included in the CEQA Guidelines Appendix G checklist and the City of Tustin did not have adopted thresholds at the time of preparation. The City has prepared the Final Supplemental EIR (FSEIR), which was adopted in June 2017 in conjunction with the Tustin Legacy Specific Plan Amendment (Modified Project). The FSEIR analyzed the MCAS Tustin Specific Plan (Adopted Specific Plan) would have generated GHG emissions at levels that would exceed the thresholds established by Southern California Air Quality Management District. The supplemental FSEIR concluded that the Modified Project would contribute through direct emission of GHG from onsite area sources and vehicle trips and indirectly through offsite energy production required for onsite activities, water use and waste disposal. However, the Modified Project would -generate GHG emissions at a reduced rate than the rate GHG emissions would have been produced under the Adopted Specific Plan. Mitigation/Monitoring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.2-1 through Pages 5.2-29) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 13 Tustin General Plan IX. 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? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. The project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. In addition, construction and residential uses would not emit hazardous emissions within a quarter mile of an existing or proposed school. The Navy conveyed the property in 2002 as unrestricted and suitable for residential reuse. In addition, the project site is located within the boundaries of the Airport Environs Land Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie within a flight approach or departure corridor and thus does not pose an aircraft -related safety hazard for future residents or workers. The project site is also not located in a wildland fire danger area. Compliance with all federal, state and local regulations concerning handling and use of household hazardous substances will reduce potential impacts to below a level of significance. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hazards and hazardous materials. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 14 involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3- 117, 4-130 through 4-138 and 7-30 through 7-31) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Finding of Suitability to Transfer (FOST), MCAS Tustin Tustin General Plan. X. HYDROLOGY AND WATER QUALITY — Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge, such that the project may impede sustainable groundwater management of the basin? 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 through the alteration of the addition of impervious surfaces, in a manner which would: Result in substantial erosion or siltation on- or off-site; ii. Substantially in crease the rate or amount of surface runoff in flooding on- or off-site; iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv. Impede or redirect flood flows? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. The project design and construction of facilities to fully contain drainage of the site, in addition to surrounding public streets, would be required as conditions of approval of the project and submitted/approved Water Quality Management Plan. No long-term impacts to hydrology and water quality are anticipated Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 15 for the proposed project. The proposed housing project will also not impact groundwater in the deep regional aquifer or shallow aquifer. The proposed project would not include groundwater removal or alteration of historic drainage patterns at the site. The project is not located within a 100 -year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or mudflow. A revised Tustin Legacy Specific Plan Sub Area Master Plan (TLSP SAMP) dated June 28, 2019 was submitted in conjunction with this project to serve as an addendum and provide a hydraulic analysis relative to the proposed project's proposed changes to the potable water, sewer and non -potable water systems. Materials have been reviewed for consistency with the intent of the original SAMP and the project was determined to meet all Irvine Ranch Water District (IRWD) operational criteria. Additionally, the off-site potable water, non - potable water, and wastewater systems will not experience any adverse impacts due to the project. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to hydrology and water quality. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. 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) Tustin Legacy Specific Plan ((Pages 5-34 through 5-68) FEMA Flood Map: FIRM Panel 06059CO279J(Dec. 2, 2009) Tustin General Plan Fire Hazard Severity Zone Map (2011) Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 16 XI. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan and the number of dwelling units proposed by the Project is under the maximum development threshold for Planning Areas 8, 13, and 14, which contemplates the development of 1,672 dwelling units in total. The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base, such as land use designations, zoning categories, recreation and open space areas, major arterial roadways, urban design, public facilities, and infrastructure systems. On July 18, 2017, the Tustin City Council approved the Tustin Legacy Specific Plan for Tustin Legacy project area that established land use and development standards for development of the site. The proposed project complies with Planning Areas 8, 13, and 14 development standards for residential units as noted in Section 3.11.2 of the Tustin Legacy Specific Plan. Compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed Project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to land use and planning. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation Monitoring Required: The proposed project is consistent with the development standards of the Tustin Legacy Specific Plan as identified by the adopted FEIS/EIR. No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3 to 4-13 and 7-16 to 7-18) FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.2-1 through Page 5.2-27) Tustin Legacy Speck Plan (Pages 5-34 through 5-68) Tustin General Plan Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 17 XII. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. Chapter 3.9 of the FEIS/EIR indicates that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project will not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to mineral resources. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan XIII. NOISE — Would the project: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or groundborne noise levels? Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 18 c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not had not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. A Preliminary Noise Analysis Report dated May 15, 2019, and addendum dated July 8, 2019, were submitted in conjunction with this project. Noise report analyzed project for compliance with Tustin's exterior and interior noise standards for single-family and multi -family residential. Mitigation measures have been included as conditions of approval for the project and an updated noise analysis shall be provided to ensure compliance with the Tustin Noise standards at the time of plan review. The FEIS/EIR indicates that full build -out of the base will create noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Elements of the Tustin General Plan. For interior noise mitigation, N-3 identified in the FEIS/EIR requires plans demonstrating noise regulation conformity be submitted for review and approval prior to building permits being issued. Compliance with adopted mitigation measures and state and local regulations and standards, along with established engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Based on the foregoing, none of the conditions, identified in 'CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to noise. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. 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 Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162, 4-231 to 4-243 and 7-42 to 7-43) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.4-1 through 5.4-28) Tustin Legacy Speck Plan (Pages 5-34 through 5-68) Tustin General Plan Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 19 XIV. POPULATION AND HOUSING — Would the project: a) Induce substantial unplanned 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 people or housing, necessitating the construction of replacement housing elsewhere? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan and the number of dwelling units proposed is under the maximum development threshold for Planning Areas 8, 13, and 14, which contemplates the development of 1,672 dwelling units in total. Additionally, the proposed project site is vacant and will not displace people or necessitate construction of replacement housing elsewhere. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to population and housing. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplementals or Addendums were certified as completed. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4- 14 to 4-29 and 7-18 to 7-19) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.5-1 through 5.5-15) Tustin Legacy Speck Plan (Pages 5-34 through 5-68) Tustin General Plan XV. 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: Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 20 The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. The site is currently vacant. Development of the site would require public services such as fire and police protection services, schools, libraries, recreation facilities, and biking/hiking trails. Fire Protection. The proposed project will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations existing and planned in the area surrounding the site will meet the demands created by the proposed project. Police Protection. The need for -police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Development of the site would increase the need for police protection services. The increase was analyzed in the FEIS/EIR and adequate police service will be provided. 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 the Tustin Unified School District (TUSD) with one (1) unit proposed within the Santa Ana Unified School District (SAUSD). Applicable fees will be paid to the SAUSD. 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 the TUSD. The 2001 FEIS/EIR determined that the project would generate 1,473 students within the TUSD. The amended FSEIR for Tustin Legacy Specific Plan Amendment (Modified Project) determined that the construction of 6,813 total residential units in the Specific Plan area would result in the potential addition of 1,250 students to the TUSD. Currently, there is additional capacity to accommodate the proposed project. The TUSD and SAUSD will receive its statutory school impact fees per Senate Bill 50 from the proposed residential development of the site. As a condition of approval for the project, the developer will be required to pay applicable school fees prior to issuance of the building permit. In summary, no new additional students are anticipated beyond what was considered in the FEIR/EIS for the Disposal and Reuse of MCAS, Tustin, and in any event, City required mitigation is limited by State law to requiring payment of the SB 50 school impact fees. Parks. The proposed project includes common areas such as pockets open space and paseos, a recreation facility that includes a swimming pool and outdoor barbeque area, as well as park areas which would be accessible to the residents of the project and the public as a whole. Additionally, the Reuse Plan process included public conveyance of city parks and an Urban Regional Park; as such individual developers were relieved of the requirement to dedicate land for park purposes. The project is not anticipated to increase the use of other existing neighborhood or regional parks such that substantial physical deterioration of the facilities would occur or be accelerated. 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 Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 21 of 10,000 square feet for a branch library and would not trigger the need for a new facility. General Implementation Requirements: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEIS/EIR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to public services. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.6-1 through 5.6-12) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan XVI. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed project includes common areas such as pockets open space and paseos, a recreation facility that includes a swimming pool and outdoor barbeque area, as well as park areas which would be accessible to the residents of the project and the public as a whole. Additionally, the Reuse Plan process included public conveyance of city parks and an Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 22 Urban Regional Park; as such individual developers were relieved of the requirement to dedicate land for park purposes. The project is not anticipated to increase the use of other existing neighborhood or regional parks such that substantial physical deterioration of the facilities would occur or be accelerated. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to recreation. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or. Addendums were certified as completed. Mitigation/Monitoring Required. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56 to 4-80 and 7-21 to 7-22 Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin Parks and Recreation Services Department Tustin General Plan XVII. TRANSPORTATION — Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) . Conflict or be inconsistent with CEQA Guideline section 15064.3, subdivision (b)? c) Substantially increase hazards. due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan and the number of dwelling units proposed is under the maximum development threshold for Planning Areas 8, 13, and 14, which contemplates the development of 1,672 dwelling units in total. The FEIS/EIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 23 The FEIS/EIR and Supplements identified the trip generation resulting from implementation of the original Specific Plan and Addendum to create an overall Average Daily Trip (ADT) of 239,797 trips. The Specific Plan also established a trip budget tracking system for each neighborhood to analyze and control the amount and intensity of non-residential development by neighborhood. The tracking system ensures that sufficient ADT capacity exists to serve the development and remainder of the neighborhood. A focused traffic study, dated June 11, 2019, was provided for the Tustin Legacy Neighborhood D South area, which includes the project area. This report was reviewed by Tustin Public Works, Traffic Division for compliance with these requirements. The proposed project would not exceed the trip budget analyzed in the FEIS/EIR and its Supplemental and Addendums. According to the Tustin Legacy Specific Plan, a maximum of 1,672 residential dwelling units are permitted within Planning Areas 8, 13, and 14 (Neighborhood D) with an established trip budget of 88,243 ADTs. The proposed project has a total of 400 units with projected 2,996 ADTs. Given this comparison, the proposed project is well within the trip budget established for the project site. The analysis has shown that the proposed project has not resulted in new significant impacts that would require mitigation. Moreover, the proposed on-site circulation system is found to provide adequate capacity in accordance with the performance criteria applied to the project. The City's Traffic Engineer has analyzed the proposed project and the associated trip generation and determined that it is within the traffic budget for the project site. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to traffic. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. 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 Submitted Plans FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.7-1 through Page 5.7-34) FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.7-1 through 5.7-33) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 24 XVIII. TRIBAL CULTURAL RESOURCES: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or is eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The project would not cause substantial adverse change in a tribal cultural resource in that the project site does not contain historical cultural resources and the proposed use and modifications would not result impacts to historical or cultural resources. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-68 through 3-74, 4-93 through 4-102 and 7-24 through 7-26), Addendum (Page 5-40 through 5-45) and Addendum 2 (Page 36 through 37) Tustin Legacy Specific Plan (Page 3-36 through 3-39) Tustin General Plan XIX. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project reasonably foreseeable future development during normal, dry, and multiple dry years? c) 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? Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 25 d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. The proposed use is consistent with the approved Specific Plan. The FEIR/EIR analyzed residential development on the proposed site, which is consistent with the proposed project. Development of the site would require on-site improvements and off-site infrastructure improvements to utilities and roadway systems, including payment of fair share contribution related to the Tustin Legacy Backbone Infrastructure Program and construction of landscape and irrigation on the public right-of-way Also, development of the site is required to meet federal, state, and local standards for design of wastewater treatment. The number of proposed units can be supported by the Irvine Ranch Water District for domestic water and sewer services. A revised Tustin Legacy Specific Plan Sub Area Master Plan (TLSP SAMP) dated June 28, 2019 was submitted in conjunction with this project to serve as an addendum and provide a hydraulic analysis relative to the proposed project's proposed changes to the potable water, sewer and non -potable water systems. Materials have been reviewed for consistency with the intent of the original SAMP and the project was determined to meet all Irvine Ranch Water District (IRWD) operational criteria. Additionally, the off-site potable water, non - potable water, and wastewater systems will not experience any adverse impacts due to the project. No substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures exist with regard to utilities and service systems. Specifically, there have not been: (1) changes to the Project that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the previous FEIS/EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the FEIS/EIR, the Supplemental or Addendums were certified as completed. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures would be included as conditions of approval for the project. Sources: Field Observations Submitted Plans FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3- 46, 4-32 through 4-55 and 7-20 through 7-21) Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 26 FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.8-1 through 5.8-27) Tustin Legacy Speck Plan (Pages 5-34 through 5-68) Tustin General Plan XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or uncontrolled spread of wildfire? c) Require the installation of maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structure to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? The proposed project is for a development of a total of 400 residential condominium units comprising of 117 two- and three-story detached homes, 129 three-story attached townhomes, and 154 three-story attached flats and townhomes and designated as mixed-use urban by the Tustin Legacy Specific Plan. According to the California Department of Forestry and Fire Protection (CAL FIRE) Fire and Resource Assessment Program, the project site is not located within a Very High Fire Hazard Severity Zone. In addition, the site is located on a relatively flat surface and in an urban area. The surrounding area includes commercial and residential land uses. Thus, the proposed project would not cause change in substantial risk or hazards related to wildfires. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.2-1 through Pages 5.2-29) Tustin Legacy Specific Plan (Pages 5-34 through 5-68) Tustin General Plan XXI. 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? Evaluation of Environmental Impacts DDA, GPC, DA 2019-00001, DR 2019-00009, and TTM 19103 Page 27 b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEIS/EIR mitigation and implementation measures approved by the Tustin City Council, the proposed project does not cause unmitigated environmental effects that will cause substantial effects on human beings, either directly or indirectly. In addition, the proposed project does have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of the reuse and redevelopment of the former MCAS Tustin. The FEIS/EIR, the Supplemental and Addendums previously considered all environmental impacts associated with the implementation of the Reuse Plan and Tustin Legacy Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEIS/EIR. Mitigation measures were identified in the FEIS/EIR to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Mitigation/Monitoring Required: The FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR and would be included in the project as applicable. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) Tustin Legacy Speck Plan (Pages 5-34 through 5-68) Tustin General Plan CONCLUSION The summary concludes that all of the proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR on July 5, 2017 and shall apply to the proposed project, as applicable. EXHIBIT B RESOLUTION NO. 19-54 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 19103 AND DESIGN REVIEW 2019-00009 GENERAL (1) 1.1 The proposed project shall be in compliance with the Tustin Legacy Specific Plan, Tustin City Code, and City of Tustin Guidelines and Standards and conform with submitted plans for the project date stamped December 3, 2019 on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Tustin City Code, and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months. All time extensions may be considered by the Community Development Director if a written request is received within thirty (30) days prior to expiration date. (1) 1.4 Approval of project is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 The applicant shall comply with executed Development Agreement (DA) 2019-00001 and associated Disposition and Development Agreement (DDA). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit B Resolution No. 19-54 Page 2 *** 1.6 This approval shall become null and void if the DDA for the project is not approved and executed. *** 1.7 Project entitlement shall not be effective until the associated DDA is approved and executed. FINAL TRACT MAP (1) 2.1 Preparation and recordation of a final subdivision map shall be required. (1), 2.2 Final Maps shall be based on a field survey in conformity with the (5) Professional Land Surveyor's Act. The survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line shall be monumented prior to recording the final map. (5) 2.3 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1), 2.4 Prior to recordation of the final map, the applicant is required to execute (5) a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. (1) 2.5 Prior to issuance of building permits, the applicant shall submit an 8 Y2" x 11" street address map exhibit and an 8 %2 " x 11" meter address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in Portable Document Format (PDF) and shall include the site plan, footprint of building(s) and streets. (1) 2.6 Within twenty-four (24) months from tentative map approval, the subdivider shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Legacy Specific Plan, Tustin Municipal Code, the State Subdivision Map Act, and Exhibit B Resolution No. 19-54 Page 3 applicable conditions contained herein unless an extension is granted pursuant to the State Subdivision Map Act and the Tustin Municipal Code. The Final Map shall be submitted at least ninety (90) days prior to the expiration of the Tentative Map for review, processing, and recording prior to the expiration of the Tentative Map. All conditions of approval herein, as applicable, shall be satisfied prior to recordation of a final map or as specified herein. (1) 2.7 At the time of final map submittal, the applicant shall also submit two (2) copies of an up-to-date title report generated within thirty (30) days of submittal. (1), 2.8 The applicant shall not oppose any future creation of a landscape and (5) lighting district for maintenance within the public right-of-way or of public parkland, or community facilities district for funding of Tustin Legacy backbone infrastructure or municipal service provision to the project site, or a future community facilities district for school purposes. (1), 2.9 Applicant shall prepare irrevocable reciprocal access easements for (5) emergency vehicle access and public services ingress and egress purposes over the private drives and driveways, at no cost to the City, and shall be recorded concurrently with the final map. (1), 2.10 Applicant shall release and relinquish to the City of Tustin all vehicular (5) access rights along Airship Avenue, Flight Way, Street "B", "C", "D", "E", and "H", except at approved access locations and street intersections, at no cost to the City, on the Map. (1), 2.11 Applicant shall dedicate a perpetual easement at no cost to the City for (5) the benefit of the City and the public providing public access in, on, over, and across the Publicly Assessible Common Area as described in the Development Agreement. BUILDING PLAN SUBMITTAL (1), 3.1 At the time of building permit application, the plans shall comply with the (3) latest edition of the California Residential Code, California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Code, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1), 3.2 All private on-site design and construction of improvement work shall be (5) designed and performed in accordance with the applicable portions of the City of Tustin's "Grading Manual" and "Construction Standards for Private Streets, Storm Drain and On -Site Private Improvements," except as Exhibit B Resolution No. 19-54 Page 4 otherwise approved by the Building Official. Said plans shall include, but not be limited to, the following: a. Curbs and gutters on all streets; b. Sidewalks on all streets, including curb ramps for the physically disabled; all sidewalks, pathways, paseos, and trails shall comply with the provisions of the American with Disabilities Act; c. Drive aprons; d. Signing/striping plan; e. Street lighting; Street and drive aisle paving; all private streets, drive aisles, and curb return radius shall be consistent with the City's design standards for private street improvements, unless otherwise approved by the Building Official, and all roadway and driveway widths and parking area widths (and lengths where appropriate) shall be dimensioned on the plans; g. Catch basin/storm drain laterals/connections to the public storm drain system with approval of the City of Tustin; h. Domestic water facilities and reclaimed water facilities: The domestic water system shall be designed and installed to the standards of the Irvine Ranch Water District. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of the water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water system shall meet the standards as required by the Irvine Ranch Water District (IRWD); L Sanitary sewer facilities: All sanitary sewer facilities must be submitted as required by the Building Official and IRWD. These facilities shall be consistent with the standards of the Irvine Ranch Water District; Underground utility connections: All utility lines shall be placed underground by the developer; k. Fire hydrants; Exhibit B Resolution No. 19-54 Page 5 I. Telecommunications facilities including, but not limited to, telephone and cable television facilities. Developer is required to coordinate design and construction of cable television facilities with a City -franchised system operator and shall not place an undue burden upon said operator for the provision of these facilities. m. The applicant shall be responsible for connection of the project to new backbone utility systems. The applicant shall provide applicable easements for any new utilities on private property. *** 3.3 Developer may connect to the City -constructed sanitary sewer system before final approval and acceptance of the system by IRWD once the system is tested and deemed acceptable for connection by IRWD. To do this Developer must install a manhole upstream of the sewer lateral provided by the City, place a bulkhead/plug on the downstream side of the manhole and use the manhole as a wet well. The sewer must then be pumped and discharged to the closest IRWD-maintained sewer facility. The bulkhead only allows for the model homes to be built. Prior to any model occupancy releases, IRWD requires the bulkhead to be removed which requires the sanitary sewer system to be finaled and accepted by IRWD. (5) 3.4 Storage area shall be provided within each unit (enclosed) in the amount of 50 SF minimum for storage facilities. Total square footage shall be identified on plans for each unit at plan check submittal. *** 3.5 Maximum building setbacks may be increased if approved by the, Community Development Director and shown on the approved project plans. *** 3.6 Internal circulation shall be evaluated throughout the project site for sight visibility, subject to review and approval of the Building Official. Addition of stop signs with stop bars, mirrors, or similar devices may be required to meet sight visibility requirements. *** 3.7 Developer shall provide an Employee Parking Plan in conjunction with construction phasing plan(s) to the Community Development Department for review and approval. (1), 3.8 The applicant shall provide accessible routes, per CBC 2016 chapter 11 B- (3) 206, at site arrival points and within the site, as amended to reflect latest edition of CBC adopted by the City of Tustin. (3) 3.9 Maximum area of exterior wall openings shall be based on CBC table 705.8 based on fire separation distance. Exhibit B Resolution No. 19-54 Page 6 (3) 3.10 New construction shall comply with California Green Building, sections 4.206.4.1 and 4.106.4.2 to facilitate future installation and use of EV chargers. Electrical Vehicle -Supply Equipment (EVSE) shall be installed in accordance with California Electrical Code, Article 625. For each dwelling unit install a listed raceway to accommodate a 208/240 V branch circuit. In addition, 3 percent of the total guest parking spaces but not less than one shall be EV spaces capable of supporting future EVSE. (3) 3.11 The buildings shall comply with California Energy Code, section 110. 10, Mandatory Requirements for Solar Ready Buildings. (5) 3.12 Adequate infrastructure to support buildout of the project, construction of all public infrastructure, in -tract private drives, and utility systems shall be constructed within the initial phases of development and in accordance with the approved phasing plan. (1), 3.13 Prior to the issuance of building permits, the applicant shall submit for (5) review and approval a photometric lighting plan showing compliance with the Tustin Security Code, which is: a. A maintained minimum one (1) foot-candle of light on the private drives and parking surfaces. b. A maintained minimum of one-quarter (0.25) foot-candle of light on the walking surfaces. *** 3.14 The lighting plan shall be overlaid onto a tree plan to ensure coverage. (1), 3.15 At plancheck submittal, the applicant shall show that the project is in (5) compliance with TCC Section 8104(r) regarding "Emergency responder radio coverage," as amended in Ordinance No. 1475. Prior to issuance of the Certificate of Occupancy, the applicant/developer shall provide evidence that the project is in compliance with TCC Section 8104(r), as amended. (1), 3.16 At plan check submittal, a complete hydrology study and hydraulic (5) calculations shall be submitted to the City for review and approval. (1), 3.17 The applicant shall provide a Geotechnical Report, Pavement Analysis, (5) and Design Report for all required Tustin Legacy Backbone Infrastructure, Local Infrastructure and Private Infrastructure improvements required in the Tentative Tract Map. DESIGN AND ARCHITECTURE (4) 4.1 At building plan check, building elevations visible from public streets shall have enhanced elevations consistent with the approved DR 2019-00009 Exhibit B Resolution No. 19-54 Page 7 in terms of color and projections, etc. to Department. material, architectural articulation and architectural the satisfaction of the Community Development (1) 4.2 All exterior colors, textures and materials shall be consistent with the approved Design Review. Specifications on colors, materials, and textures shall be noted in construction plans and subject to review and approval by the Community Development Department. *** 4.3 Final material samples and colors shall be provided at plan check submittal. (1), 4.4 All mechanical and electrical fixtures and equipment, including roof -top (4) equipment, shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.5 Walls shall be a maximum of three (3) feet within front yard setback and a maximum of three (3) feet six (6) inches within front yard area measured from property line to building face along all public streets and along the Promenade (Alley Grove). (4) 4.6 Roof drains and downspouts shall be directed towards internal drive aisles and be minimally visible from the public streets. *** 4.7 The applicant shall submit a master sign plan for City review and approval. The master sign plan shall incorporate a design theme compatible with the building architecture and Tustin Legacy branding, and include directional and wayfinding signs. (1), 4.8 Signage monumentation, if any, identifying the residential community tract (5) shall include the words "At Tustin Legacy" for continuity of the Tustin Legacy branding, as applicable. w (1) 4.9 Signage shall be installed under separate permit and approval. LANDSCAPE/HARDSCAPE (6) 5.1 At plan check, the applicant shall provide complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City' of Tustin Landscaping requirements. The plans shall include the following: Exhibit B Resolution No. 19-54 Page 7 in terms of color and projections, etc. to Department. material, architectural articulation and architectural :he satisfaction of the Community Development (1) 4.2 All exterior colors, textures and materials shall be consistent with the approved Design Review. Specifications on colors, materials, and textures shall be noted in construction plans and subject to review and approval by the Community Development Department. **` 4.3 Final material samples and colors shall be provided at plan check submittal. (1), 4.4 All mechanical and electrical fixtures and equipment, including roof -top (4) equipment, shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.5 Walls shall be a maximum of three (3) feet within front yard setback and a maximum of three (3) feet six (6) inches within front yard area measured from property line to building face along all public streets and along the Promenade (Alley Grove). (4) 4.6 Roof drains and downspouts shall be directed towards internal drive aisles and be minimally visible from the public streets. *** 4.7 The applicant shall submit a master sign plan for City review and approval. The master sign plan shall incorporate a design theme compatible with the building architecture and Tustin Legacy branding, and include directional and wayfinding signs. (1), 4.8 Signage monumentation, if any, identifying the residential community tract (5) shall include the words "At Tustin Legacy" for continuity of the Tustin Legacy branding, as applicable. (1) 4.9 Signage shall be installed under separate permit and approval. LANDSCAPE/HARDSCAPE (6) 5.1 At plan check, the applicant shall provide complete detailed landscaping and irrigation plans for all landscaping areas, including the model complex, consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: Exhibit B Resolution No. 19-54 Page 8 a. Include a summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. Shrubs should be a minimum of five (5) gallon size and be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. e. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. f. Equipment areas shall be screened with walls, vines, and/or trees, subject to review and approval of the Community Development Department. g. Landscape adjacent to the single family detached units, shall be designed to have layers in vegetation height to effectively screen the 5 foot 6 inch high privacy walls. h. On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments. Interior wall/fences shall be made of durable materials subject to review and approval of the Community Development Department. (1) 5.2 The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. (5) 5.3 The landscape plans shall note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. (4) 5.4 Landscape layering of varying heights shall be provided in front of the proposed 5 foot 6 inch high stucco walls for the Single -Family Detached homes, subject to the review and approval of the Community Development Department. Exhibit B Resolution No. 19-54 Page 9 (1), 5.5 Turf is unacceptable for grades over 25 percent. A combination of planting (6) materials shall be used. On large areas, ground cover alone is not acceptable. (1), 5.6 All plant materials shall be installed in a healthy vigorous condition typical (6) to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 5.7 Landscape adjacent to the right-of-way shall be in compliance with the requirements of Tustin Legacy Specific Plan. (6) 5.8 Trees in the landscape setbacks adjacent to public rights-of-way shall be provided in a variety of sizes to ensure initial maturity along project perimeter. (1), 5.9 The project shall comply with the City's Water Efficient Landscape (5) Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. (1), 5.10 Backflow devices and double detector checks shall be painted to match (4) surrounding landscaping when in planters or painted to match the building when located adjacent to. Landscaping shall be utilized to screen the devices where possible. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 6.1 Prior to OCFA clearance of a final map, the applicant shall: a. Submit a Fire Master Plan for OCFA review and approval. (Service Code PR145) b. Submit a Final Tract Map for OCFA review and approval. (Service Code PR115) c. Submit temporary fire access plans for OCFA review and approval if phasing fire access during construction. (Service Code PR150) Exhibit B Resolution No. 19-54 Page 10 (5) 6.2 Prior to issuance of a building permit, the applicant shall: a. Submit plans for gates if not included in the fire master plan. (Service Code PR180) b. Submit plans for fire service underground if NFPA 24 system is installed. (Service Code PR470) c. Submit architectural plans for OCFA review and approval. (Service Code PR264-268) (5) 6.3 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire sprinkler system. (Service Code PR400-PR406) (5) 6.4 Prior to concealing interior construction, the applicant shall obtain OCFA approval for the fire alarm and sprinkler monitoring. (Service Code PR500-PR520) (5) 6.5 Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at (714) 573-6150. (5) 6.6 After installation of required fire access roadways and hydrants, the applicant shall request and receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at (714) 573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. USE RESTRICTIONS *** 7.1 The project shall include 400 units including: 117 single family detached, 129 tri-plex townhomes, 154 flats and townhome units, a private community recreation facility, and open space areas that are privately owned but accessible to the public as depicted in the approved site plan. *** 7.2 Power receptacles shall be provided at the community facility including the swimming pool and barbeque areas. (4), 7.3 All parking spaces within the project site shall be maintained as shown on the approved "Site Plan". Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Director of Community Development. A Parking Enforcement Policy shall be established and enforced by the Home Owners Association. Exhibit B Resolution No. 19-54 Page 11 *** 7.4 There shall be a minimum seventy (70) unassigned surface parking spaces within the development to satisfy parking requirements for the seventy (70) metro flats units designed with tandem garage spaces. These unassigned surface parking spaces shall be permanently maintained at the development site. *** 7.5 There shall be a minimum fourteen (14) assigned surface parking spaces within the development to satisfy parking requirements for the fourteen (14) metro flats units designed with an extended one -car garage space. These assigned surface parking spaces shall be permanently maintained at the development site. Assignment shall be addressed in Parking Management Plan, subject to review and approval by the Community Development Department. *** 7.6 Individual trash bin service may be provided on the site. Trash bins shall be placed only in the locations identified on the approved "Trash Pick-up Plan" after 7:00 a.m. on the regularly scheduled trash collection day and shall be removed by 7:00 p.m. on the same day. (1) 7.7 Any outdoor storage during grading or building stages shall be approved by the Community Development Director. (1) 7.8 Unless otherwise agreed by the City in its sole discretion, the property within the tract or any street or sidewalk or drive (alleyway) thereon shall not be privately gated; provided however, that any swimming pool and/or spa facility within the community facility area and any private indoor common area improvement, including any clubhouse and bathrooms, may be gated or locked and made available solely to residents of the Project and their guests. (5) 7.9 Design and construction of all on-site and off-site developer required public infrastructure and in -tract private streets and utility systems shall be constructed within the initial phase of development in accordance with the approved Phasing Plan. Model units may be constructed prior to completion of infrastructure if adequate ingress and egress is provided to the satisfaction of the Building Official and Orange County Fire Authority. NOISE (1) 8.1 At plan check, an updated noise analysis shall be provided to ensure compliance with the Tustin Noise standards. Exhibit B Resolution No. 19-54 Page 12 *** 8.2 In accordance with the noise analysis, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. Prior to issuance of Certificate of Occupancy, the units shall by analyzed and certified for compliance with the City's Noise standards. WATER QUALITY MANAGEMENT PLAN (1), 9.1 This development shall comply with all applicable provisions of the City of (5) Tustin Water Quality Ordinance and all Federal, State and"Regional Water Quality Control Board rules and regulations. (1) 9.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of Best Management Practices (BMPs), the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 9.3 Prior to. submittal of a WQMP, the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 9.4 Prior to issuance of any permits, except a rough grading permit, the applicant shall record a "Covenant and Agreement Regarding Operation and Maintenance (O & M) Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect and Indemnification. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 9.5 Developer shall design and construct the water quality treatment facility along Flight Way on Lot A of the Developer Map to accept and treat stormwater runoff from the public City streets as identified in the Water Quality Management Plan (WQMP) BMP Drainage Management Area. An irrevocable offer of dedication in fee over the Water Treatment area to the benefit of the City shall be dedicated on the Developer Map. (1) 9.6 Prior to issuance of a Grading Permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Exhibit B Resolution No. 19-54 Page 13 PUBLIC BENEFITS IMPROVEMENTS *** 10.1 Prior to approval of the Final Map, the developer shall design sidewalk, parkway landscape and irrigation system adjacent to the project site along Airship Avenue, Flight Way, Street "B", "C", "D", "E", and "H". The Street "D" sidewalk adjacent to the Project shall extend to the corner of Tustin Ranch Road. Developer shall also design and construct landscape and irrigation improvements within the street bulb -out planters adjacent to the Project along the aforementioned streets as shown/required in Development Agreement 2019-00001. The construction of sidewalks, Publicly Accessible Common Area Improvements, parkway and street bulb -out planters, and landscape and irrigation system shall be completed in accordance with the Schedule of Performance in the DDA. *** 10.2 Developer shall design and construct public sidewalks along both sides of Flight Way from Armstrong Avenue to Street "B;" and, the southside of Airship Avenue from Armstrong Avenue to Street "B". *** 10.3 Developer shall perform the maintenance, repair, and replacement of the landscaping described within the Boundary Landscape Area exhibit and the Publicly Accessible Common Area exhibit as shown/required in Development Agreement 2019-00001. *** 10.4 Developer shall construct the Publicly Accessible Common Area Improvements depicted in Development Agreement 2019-00001. *** 10.5 Developer shall rough grade the City Streets Grading Area depicted in Development Agreement 2019-00001. *** 10.6 Developer shall rough grade the Promenade (Alley Grove) located on Lot 1 of the City Map (TTM No. 18197) and depicted in Development Agreement 2019-00001. *** 10.7 Developer shall provide a detailed landscape improvement exhibit in conjunction with the Landscape and Water Treatment Installation and Maintenance Agreement. PUBLIC STREET IMPROVEMENTS (1) 11.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Exhibit B Resolution No. 19-54 Page 14 (1) 11.2 Prior to issuance of an Encroachment Permit for construction within the public right-of=way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 11.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 11.4 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1) 11.5 Developer shall enter into a Landscape Installation and Maintenance Agreement with the City of Tustin for the construction, maintenance, repair, and replacement of the landscaping described in the Development Agreement for the maintenance of parkway improvements within public rights-of-way adjacent to the project along Airship Avenue, Flight Way, Street "B", "C", "D", "E", and "H". A detailed parkway improvement exhibit shall be provided for the agreement. (1) 11.6 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel. maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension" DWG". All layering and linetype conventions are AutoCAD -based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. ENVIRONMENTAL (1), 12.1 The developer shall comply with all mitigation measures related to the (5) project that are required by the Mitigation Monitoring Program for the Tustin Legacy Specific Plan (MCAS Tustin) area, identified in this exhibit and in other related project entitlements, shall be implemented. Additional measures related to development of this project as noted in the adopted EIS/EIR and are not previously identified in this exhibit as a condition of approval are required as follows: Exhibit B Resolution No. 19-54 Page 15 a. Prior to issuance of any permits, the developer shall retain a County - certified archaeologist: If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. b. The developer shall comply with the requirements established in a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. c. Prior to the issuance of any permit, the applicant shall provide written evidence to the Community Development Department that a County - certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. d. Prior to issuance of any permit, the developer shall provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. Such plans shall minimize anticipated delays at major intersections. Prior to approval, the City of Tustin shall review the proposed traffic control and operations plans with any affected jurisdiction. e. The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. f. The developer shall coordinate with the Tustin Police Department to ensure adequate security provisions are implemented. g. Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin information from IRWD which outlines required facilities necessary to provide adequate potable water and reclaimed water service to the development. h. Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin and City of Irvine, as applicable, information from IRWD Exhibit B Resolution No. 19-54 Page 16 or the City of Tustin which outlines required facilities necessary to provide adequate sanitary sewage service to the development. COORDINATION WITH AFFECTED PROPERTY OWNERS AND AGENCIES (5) 13.1 Developer shall obtain permission from and coordinate with affected property owners, jurisdictions, and resource agencies for all public and private improvements, including, but not limited to, the following: a. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. b. The applicant shall obtain written approval and/or permits from the applicable utility companies, including but not limited to Southern California Edison, The Gas Company, Irvine Ranch Water, District (IRWD), AT&T, Cox Communications, Time Warner, etc. c. The applicant shall coordinate the design and construction of all utilities with the utility providers and the City. *** 13.2 At plan check submittal, the developer shall coordinate with the Tustin Police Department to ensure that adequate security precautions such as visibility, lighting, emergency access, and address signage are implemented. Prior to the issuance of building permits, the applicant shall submit to the police department for review and approval, a wayfinding plan for the project site. SOLID WASTE RECYCLING (1) 14.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. All projects shall submit a security deposit in the amount of 5 percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The minimum deposit amount shall be $500.00 and the maximum deposit amount shall be $2,500.00. Exhibit B Resolution No. 19-54 Page 17 (1) 14.2 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. All trash enclosures shall be designed with roof and be able to accommodate at least three (3) bins, with at least one (1) bin reserved for recyclable materials and one (1) bin, reserved organic waste. Space for a container for organics is also required as described in Section 14.2f below. e. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. f. All developments are required to provide space for the collection of organic materials. Organics are collected in a minimum of 35 - gallon wheeled carts for the single-family units and/or units that function as single family units and a minimum of 65 -gallon wheeled carts are required for areas where collection containers are shared by multiple units. The size of the organics container will be dependent upon the use and size of the building. Where collection containers are shared, organics can be collected six (6) days per week to minimize the space required for a container. COVENANTS, CONDITIONS, AND RESTRICTIONS (1), 15.1 All organizational documents for the project including any covenants, (5) conditions, and restrictions (CC&Rs) shall be submitted to and approved by the Community Development Department, City Attorney's Office, and Special Counsel. Costs for such review shall be borne by the subdivider. The approved CC&Rs shall be recorded with .County Recorder's Office prior to issuance of the first certificate of occupancy. A copy of the final documents shall be submitted to the Community Development Department within five (5) days after recordation. (1), 15.2 No Certificate of Occupancy shall be issued, unless a homeowners (5) association has been legally formed with the right to assess all these properties which are jointly owned or benefited to operate and maintain all Exhibit B Resolution No. 19-54 Page 18 other mutually available features of the development including, but not limited to, open space, amenities, landscaping, or slope maintenance landscaping, private streets, and utilities. No dwelling unit shall close escrow unless all approved and required open space, amenities, landscaping, or other improvements, or approved phases thereof, have been completed or completion is assured by a development agreement or financing guarantee method approved by the City. The CC&Rs shall include, but not be limited to, the following provisions: a. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. b. The requirement that association bylaws be established. c. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities, landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails), common recreation facilities, and open space areas. d. Membership in the homeowners association shall be inseparable from ownership in individual units. e'. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the Tustin City Code and the Tustin Legacy Specific Plan. f. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. 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 B Resolution No. 19-54 Page 19 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. Common areas, private patios, balconies and decks shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. g. Homeowners Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. h. Private open space areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the common open space area that are allocated for private use and public use and access rights in perpetuity. A site plan showing the public portion of the open space and associated public easements that will be accessible to the public and provisions for maintenance of these areas by the Homeowners Association. j. The approved "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: All units are required to maintain a two -car garage, less those established with a one -car garage where a one -car garage shall be maintained. 2. A minimum of 156 open parking spaces shall be made permanently available. Of the 156 spaces, a minimum of seventy-two (72) unassigned guest parking spaces shall be permanently maintained in locations shown on the "Parking and Circulation Exhibit". A minimum of seventy (70) unassigned surface parking spaces shall be permanently allocated to the flats units with tandem garage spaces and a minimum of fourteen (14) assigned surface parking spaces shall be permanently allocated Exhibit B Resolution No. 19-54 Page 20 to the flats units with single car garages. The head -in (90 degree) parking spaces shall have minimum dimensions of 9 feet wide and 19 feet long. 3. Residents shall not store or park any non -motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide, and 19 feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and regulations to authorize exceptions. 4. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 5. The homeowners association shall be responsible for monitoring and enforcing all parking and traffic regulations on private drives. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking and traffic regulations within the development which may include measures for fire access and enforcement by a private security company. k. Provisions for enforcing individual trash bin placement at designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than 7:00 a.m. on the day regularly scheduled collection day and removed by 7:00 p.m. on the same day. Maintenance of lettered and numbered Lots containing all common areas, public and private open space, streets, alleys, paseos, etc., shall be by the homeowners association. m. Television and radio antennas shall be installed in accordance with the requirements of the Tustin City Code. n. All utility services serving the site shall be installed and maintained underground. o. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one member of the homeowners association Board and, where applicable, a manager of the project before January 1 st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Exhibit B Resolution No. 19-54 Page 21 p. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. q. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. HOMEBUYER NOTIFICATION (5) 16.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and/or occupancy, and a copy of the signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. a. A notice for roadway, trail, and train noise that may impact the subdivision, including roadway noise associated Tustin Ranch Road. The notice shall indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field-testing determines inadequate noise insulation. b. A notice, to be reviewed by the City of Tustin, Tustin Unified School District and the Santa Ana Unified School District, regarding the location of existing and proposed elementary, middle, and high schools which will serve the subdivision (text and map) and advice to homebuyers that proposed school sites may never be constructed. c. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards, fire hydrants, transformers) identifying the type of structure and their locations. d. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and may require zoning clearance and a business license. Exhibit B Resolution No. 19-54 Page 22 e. A notice indicating that public use of portions of the common open space will be allowed and noting public ingress and egress through the subdivision will be provided for access to the common open space. f. A notice explaining the easements, facilities, amenities, and dedications that will be provided on lettered lots and indicating all on- site drives, paseos, and common areas are to be maintained by the homeowners association. g. A notice, to be approved by the City Attorney, indicating that neither the site, nor the project nor any part thereof any private drive or sidewalk, alleyway, or paseo thereon shall be privately gated, provided however that any swimming pool and/or spa facility within the private common area, and any private indoor common area improvements, including any bathrooms, may be gated or locked and made available solely to residents of the project and their guests. h. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick-up Plan" after 7:00 a.m. on the regularly scheduled trash collection day and shall be removed by 7:00 p.m. on the same day. i. A notice indicating that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit and that the City of Tustin makes no claim, warranty, or guarantee that views from any unit will be preserved as development of surrounding properties occurs. j. A notice indicating the minimum building setbacks and that construction of patio covers, trellises, fences and walls, etc. may not be allowed. k. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&R provisions. I. A notice explaining the phasing of construction within the subdivision and that activity may be disruptive. m. The developer shall notify all homebuyers that future Assessment/Maintenance Districts may affect the property. n. A notice stating that walls shall be a maximum of three (3) feet within front yard setback and a maximum of three (3) feet six (6) inches within front yard area along all public streets and along the Promenade (Alley Grove). Exhibit B Resolution No. 19-54 Page 23 o. A notice stating that common area landscaping installation and maintenance is an ongoing effort and that multiple factors may influence the appearance and perceived health of the plants. p. A notice for potential aircraft noise that may impact the subdivision. q. A notice stating the location and operation of a waste/recycling facility within the vicinity, in the adjacent City of Irvine, and odors may be perceptible. (5) 16.2 For residential units that are not sold at the time the Certificate of Occupancy is issued, the developer shall submit to the City a copy of the signed homebuyer notification within ten (10) business days of the homebuyer having signed the document. FEES (1) 17.1 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1), 17.2 Prior to issuance of each permit, payment shall be made of all applicable (5) fees, including but not limited to, the following. a. Building plan check and permit fees to the Community Development Department. b. Engineering plan check and permit fees to the Public Works Department. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department. d. Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastem Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1 sc of each year. e. Water and sewer connection fees to the Irvine Ranch Water District. Exhibit B Resolution No. 19-54 Page 24 For permits issued prior to January 1, 2020, Transportation System Improvement Program (TSIP), Benefit Area "B" fees in the amount of $3.31 per square foot or the most recent rate of new or added gross square floor area of construction or improvements to the Community Development Department. g. New development tax fee in the amount of $350.00 per unit. h. School facilities fee in the amount as required by Tustin Unified School District and the Santa Ana Unified School District. Other applicable Tustin Legacy Backbone Infrastructure Program fees. Payment shall be required based upon the most current rates in effect at the time of payment and/or permit issuance and are subject to change.