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HomeMy WebLinkAbout03 ZC 05-002 MCAS Tustin SP ITEM #3 Report to the Planning Commission DATE: SUBJECT: MARCH 27, 2006 MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE) 05-002 APPLICANTS: CITY OF TUSTIN TUSTIN LEGACY COMMUNITY PARTNERS LOCATION: MCAS TUSTIN SPECIFIC PLAN AREA ZONING: MCAS TUSTIN SPECIFIC PLAN GENERAL PLAN DESIGNATION: MCAS TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THE FINAL ENVIRONMENTAL IMPACT STATEMENTI ENVIRONMENTAL IMPACT REPORT (FEIS/EIR) CERTIFIED ON JANUARY 16, 2001, IN CONJUNCTION WITH THE MCAS TUSTIN SPECIFIC PLAN/REUSE PLAN, ADEQUATELY CONSIDERED ALL RELATED ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE PROPOSED PROJECT. BECAUSE SOME CHANGES AND ADDITIONS WERE REQUIRED TO THE FEIS/EIR, THE CITY HAS PREPARED AN ADDENDUM TO THE FEIS/EIR. REQUEST: IN SUMMARY MCAS SPECIFIC PLAN AMENDMENT (ZONE CHANGE) 05-02 WOULD AMEND THE TEXT, TABLES, AND GRAPHICS AS FOLLOWS: . REMOVE REFERENCES TO GOLF COURSE USES THROUGHOUT THE SPECIFIC PLAN AND INCREASE PARK ACREAGES TO INCLUDE THE PROPOSED COMMUNITY PARK AND LINEAR PARK. . AMEND THE BOUNDARIES OF NEIGHBORHOODS D ANDE. . MODIFY THE PERMITTED LAND USES AND DEVELOPMENT STANDARDS WITHIN THE COMMUNITY CORE (NEIGHBORHOODS 8, 13, AND 14,) AND MODIFY THE TRIP BUDGET. Planning Commission Report Zone Change 05-002 March 27, 2006 Page 2 . PROVIDE A SINGLE CONSOLIDATED DEVELOPMENT STANDARDS SECTION IN THE SPECIFIC PLAN FOR PLANNING AREAS 9-12. . AMEND NEIGHBORHOOD G, PLANNING AREA 15 BY ELIMINATING ALL REFERENCES TO THE GOLF COURSE; ADDING THE LAND USE DESIGNATION OF MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) TO ALLOW FOR THE TRANSFER OF UNUSED UNITS FROM PLANNING AREA 20 INTO PLANNING AREA 15; ADDING THE PROVISION FOR OFFICE USES; ADDING CONGREGATE CARE FACILITIES FOR THE ELDERLY AS A CONDITIONAL USE; AND EXPANDING THE PREVIOUS LIST OF ALLOWABLE COMMERCIAL USES TO INCLUDE A FULL RANGE OF TYPICAL NEIGHBORHOOD COMMERCIAL USES, BUT ELIMINATING HOTEL USES. . AMEND NEIGHBORHOOD B BY REDUCING THE TOTAL SQUARE FOOTAGE OF DEVELOPMENT PERMITTED TO ACCOMMODATE THE TRANSFER OF THE REMAINING SQUARE FOOTAGE TO NEIGHBORHOOD G TO PERMIT DEVELOPMENT OF CERTAIN COMMERCIAL USES WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G. . AMEND THE REGULATIONS IN CERTAIN PLANNING AREAS 7-15 BY UPDATING USE CATEGORIES, INCLUDING THE ADDITION OF PARKS TO THE LIST OF ALLOWABLE USES IN ALL PLANNING AREAS, CHANGING DA YCARE LIMITS TO MATCH STATE REQUIREMENTS, UPDATING TERMINOLOGY FOR ADULT USES, AND CONSOLIDATING USES WITHIN GENERAL CATEGORIES. . UPDATE LAND USE AND TRIP BUDGET TABLES TO REFLECT ALL OF THE AMENDMENTS THAT CHANGE LAND USES AND TRIP BUDGETS. . AMEND THE GENERAL DEVELOPMENT REGULATIONS TO INCLUDE A NEW SECTION 3.14 THAT OUTLINES STANDARDS FOR ALCOHOLIC BEVERAGE SALES. . MODIFY PARKING STANDARDS TO ACCOMMODATE MIXED USES IN THE COMMUNITY CORE LAND USE DESIGNATION. . AMEND CHAPTER 4 ADMINISTRATIVE PROCEDURES FOR DEVELOPMENT PROCESSING. Planning Commission Report Zone Change 05-002 March 27, 2006 Page 3 . AMEND THE DEFINITIONS SET FORTH IN THE SPECIFIC PLAN TO ADDRESS USES NOT CURRENTLY ADDRESSED IN THE SPECIFIC PLAN OR ANY SPECIFIC USE CLARIFICATIONS. RECOMMENDATION That the Planning Commission adopt Resolution No. 4017, recommending that the City Council: 1. Approve an Addendum to the Final Environmental Impact Statement/ Environmental Impact Report for Disposal and Reuse of MCAS Tustin ("FEIS/EIR"); and 2. Adopt MCAS Tustin Specific Plan Amendment (Zone Change) 05-02 to amend various sections of the MCAS Tustin Specific Plan. INTRODUCTION Tustin Legacy Community Partners, LLC with its members being Centex Homes, Shea Homes and Shea Properties (the "Master Developer") has been working with City staff in developing a number of Specific Plan Amendments to the MCAS Tustin Specific Plan ('Specific Plan"). The amendments are based on a refined master development plan and general policy direction that was provided by the City Council on November 1, 2004. The following discussion provides some background information on the MCAS Tustin Specific Plan and summarizes the proposed Specific Plan Amendments. BACKGROUND AND DISCUSSION MCAS Tustin Specific Plan The MCAS Tustin Specific Plan was adopted by the City Council on February 3, 2003 (Ordinance No. 1257), establishing the zoning designation, development standards and entitlement framework for future development of that portion of the former MCAS Tustin within the City of Tustin ("Tustin Legacy"), including property within the Master Development footprint. The Specific Plan conforms to and implements the MCAS Tustin Reuse Plan and the City's General Plan. Since the original adoption of the Specific Plan, minor amendments to the Specific Plan have been approved as follows: . On March 7, 2005 the Tustin City Council approved Specific Plan Amendment/Zone Change 04-03 modifying certain Specific Plan site development standards as it affects Planning Commission Report Zone Change 05-002 March 27, 2006 Page 4 Planning Area 4 and 5 (Ordinance No. 1297). The applicant on this request was Marble Mountain Partners, LLC. . On March 7, 2005, the Tustin City Council also prezoned MCAS Tustin Specific Plan Disposition Parcel 36 from the City of Irvine to the City of Tustin and amended the Specific Plan to establish Tustin site development standards for Disposition Parcel 36 (Ordinance Nos. 1294 and 1295). Disposition Parcel 36 was subsequently annexed to the City of Tustin. The applicant on this request was Marble Mountain Partners, LLC. . On June 5, 2005, The Tustin Council approved Specific Plan Amendment 05-01 (Ordinance No. 1299). The purpose of these amendments was to facilitate the application and implementation of some of the requirements contained in the Specific Plan, and provide for minor clarifications and modifications as it primarily related to density calculations, the definition of a development unit, and the transfer or residential units between planning areas. The City was the applicant on this request. Selection of the Master Developer The City Council selected Tustin Legacy Community Partners LLC to be the Developer of the Master Developer footprint in October 2003 after a Request for Qualifications process. The Master Developer entered into an Exclusive Agreement to Negotiate (ENA) with the City in November 2003 with the objective of reaching agreement on the terms of a Disposition and Development Agreement (DDA). Refined Master Development Plan On November 1, 2004, the Tustin City Council held a public workshop and provided general policy direction which resulted in a Refined Master Development Plan for the portion of Tustin Legacy to be developed by the Master Developer. The Refined Master Development Plan is generally based on the following guiding principles: . Linear Park - That a linear park be established and that the park be an organizing element in the Tustin Legacy community. . Connectivity - That there be connectivity to the park system and the districts within the Tustin Legacy community. . The Grid Pattern - That there generally be a grid pattern with a primary organizing street element, emphasizing pedestrian-friendly, walkable blocks. . Community Core - That the Tustin Legacy community include a vibrant community core mixed-use district with a variety of land uses that will be market responsive. Planning Commission Report Zone Change 05-002 March 27, 2006 Page 5 . Open Community Plan - That the Tustin Legacy community be open and accessible with few gates or barriers, and with community amenities accessible to all of Tustin. . No Change - That the overall Specific Plan capacity limits and overall EIR capacity limits would not be exceeded. To implement these general guiding principles and the Refined Master Development Plan, Tustin Legacy Community Partners and City staff have conducted in-depth analyses and have proposed corresponding amendments to the MCAS Tustin Specific Plan. Although these amendments would change the development pattern within Tustin Legacy, the overall development capacity in terms of residential dwelling units and non- residential square footage would not be increased, and the total acreage of open space would remain substantially unchanged. Specific Plan Amendment Proposed The site subject to proposed Specific Plan Amendment 05-002 consists of the entire MCAS Tustin Specific Plan property within the City of Tustin, which is approximately 1,533 acres in size. While certain administrative clarifications and minor Specific Plan modifications proposed with the subject Specific Plan Amendment will affect most property within the Specific Plan boundaries within the City of Tustin only, the Specific Plan Amendments are largely intended to apply to property within the Master Developer footprint established through an Exclusive Negotiation Agreement. The Master Developer footprint largely includes Planning Area 15 within Neighborhood G, Planning Area 7 within Neighborhood B, all of Neighborhood D, and all of Neighborhood E. The Master Developer footprint is approximately 820 +/- acres which comprises about half of 1,585 acres associated with the former MCAS Tustin property. Specific Plan Amendments Described The Amendments can be broadly described below by topic: Land Use 1. Eliminate references to Golf Course uses in all sections of the Specific Plan. The Golf Course will no longer be a required land use within the Specific Plan. As a replacement for the golf course, public and private parks; greenbelts; trails; and open space areas will be integrated into the neighborhoods. 2. Increase park acreages to include an additional Community Park, a linear park system and other park areas. Land use tables have been updated to reflect this change. Planning Commission Report Zone Change 05-002 March 27,2006 Page 6 3. Amend the boundaries of Neighborhood D, originally comprised of Planning Area 8 and the proposed high school, to incorporate Planning Areas 13 and 14 with Planning Area 8 into a single section of the Specific Plan document. This results in a revised southern Neighborhood boundary of Barranca Avenue rather than Warner Avenue. Planning Areas 13 and 14 would be also be amended to be included in the Community Core land use designation in the Specific Plan rather than the Commercial Business land use designation shown on the Land Use Plans (Figures 2-1, 2-2, 3-1, 3-2). The amended text includes: modifications to the permitted land uses within the Community Core and in Neighborhoods 8, 13, and 14; modifications to the trip budget distribution (the total number of trips remains the same); and development standards which support mixed use development (already permitted in the Community Core land use designation), with an overall floor area ratio of 0.5 and 891 dwelling units, of which a maximum of 123 units may be multi-family rentals as a permitted use. Floor area ratios for Planning Area 8 would be applied to the entire amended Community Core land use designation which will include Planning Areas 8, 13, and 14. Additionally, height limit restrictions have been added to the Community Core. Land use and trip budget tables (Tables 2-1, 3-1, 3-2, 3-3) have been updated to reflect this change. Revised changes to Table 2-1 are shown with underline (new text) and strikeout (deleted text), and the changes to Tables 3-1 and 3-2 are highlighted. Note that refinements to the Specific Plan land use statistics have been made during the subdivision and design review stage of individual projects. Refined land use statistics reflecting the entitled uses have been assumed for analysis purposes, and is further addressed in the respective analyses presented in Section 5 (e.g., traffic, population and housing). 4. Amend the boundaries of Neighborhood E, originally comprised of Planning Areas 9 through 14, to remove Planning Areas 13 and 14, and define the new eastern boundary for Neighborhood E as Armstrong Road. The amendment would consolidate acreages, land uses, and development standards and trip budget for Planning Areas 9 through 12 to provide a comprehensive land use pattern of primarily office park uses with some light industrial/R&D and commercial uses. Extended stay hotels would be added to the list of uses. The amendment eliminates separate Specific Plan sections for Planning Areas 9, 10, 11, and 12, and provides a single consolidated development standards section in the Specific Plan. As previously noted, land use and trip budget tables (Tables 2- 1, 3-1,3-2, and 3-3) have been updated to reflect this change. 5. Amend Neighborhood G, Planning Area 15 as follows: a. Eliminate all references to the Golf Course originally identified in Planning Area 15; b. Add the land use designation for Medium High Density Residential (MHDR) as an acceptable use to allow for the transfer of unused units from Planning Areas 20 and 21 to Planning Area 15. Add accompanying standards for this use, using the MHDR standards from Planning Area 20. The new MHDR land Planning Commission Report Zone Change 05-002 March 27, 2006 Page 7 use designation and standards in Planning Area 15 will permit a maximum of 192 MHDR dwelling units, which is noted in the amended text; c. Add the provision for office uses, using the same list of allowable uses and floor area ratio development standards from amended Planning Area 7; d. Add congregate care facilities for the elderly as a conditional use; and e. Expand the list of allowable commercial uses to include a full range of typical neighborhood commercial uses while eliminating hotel uses. Commercial uses would be limited to the area adjacent to Tustin Ranch Road and between the North Loop Road and Warner Avenue. 6. Amend regulations in certain portions of Planning Areas 7 through 15 to update use categories, including: the addition of parks to the list of allowable uses in all planning areas; changing daycare limits to match state requirements; updating terminology for adult uses; and consolidating uses within general categories. 7. Amend Planning Area 7 within Neighborhood B to reduce the total square footage of development permitted within it and to accommodate a transfer of square footage to Neighborhood G in order to allow development of certain commercial uses within Planning Area 15. 8. Land use and trip budget tables (refer to Revised Tables 2-1, 3-1, 3-2, and 3-3) have been updated to reflect the changes above. However, the overall number of trips that will be generated by new development within the Specific Plan area has not significantly changed from the original projections. The projected trips have only been redistributed within the Specific Plan boundary. General Development ReQulations The General Development Regulations set forth in Section 3 of the MCAS Tustin Specific Plan are proposed to be amended to include a new Section 3.14 which will outline standards for alcoholic beverage sales, based upon existing City guidelines. Parking standards would be modified to provide for specific parking standards where mixed uses are anticipated in the Community Core land use designation. Minor changes to the Chapter 4 administrative procedures for development processing are also proposed. Definitions Minor amendments to the definitions set forth in the Specific Plan are proposed to clarify uses permitted by the Specific Plan land use designations or categories as may be necessary for clearer implementation. ENVIRONMENTAL 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 Planning Commission Report Zone Change 05-002 March 27, 2006 Page 8 Tustin. All related environmental impacts of Zone Change 05-02 were considered in the FEIS/EIR. The City prepared a comprehensive Environmental Checklist for MCAS Tustin Specific Plan Amendment (Zone Change) 05-02. The Environmental Checklist 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. However, because some changes and additions were required to the FEIS/EIR, the City has prepared an Addendum to the FEIS/EIR (Exhibit A of Resolution No. 4017). The Planning Commission will consider and make a recommendation on the Addendum prior to making a recommendation on the Specific Plan Amendment (Zone Change) 05-02. In addition, applicable mitigation measures required in the FEIS/EIR will be recommended as conditions of approval in the entitlements for future development within the MCAS Tustin Specific Plan area. A decision to recommend the approval of MCAS Tustin Specific Plan Amendment (Zone Change) 05-002 may be supported by the findings contained in Resolution No. 4017. ~/~ Ii ,~ Elizabeth A. Binsack Community Development Director -4 uft; ~ Scott Reekstin Senior Planner Attachments: Resolution No. 4017 Exhibit A to Resolution No. 4017 (Draft City Council Resolution) Exhibit 1 to Exhibit A (Draft Addendum) Exhibit 2 to Exhibit A (MMRP) Exhibit B to Resolution No. 4017 (Draft Ordinance) Exhibit 1 to Exhibit B (Draft Specific Plan Amendments) S:\CddIPCREPORT\ZC 05-002 (PolicyMCAS Amendments 2006).doc RESOLUTION NO. 4017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENTI ENVIRONMENTAL IMPACT REPORT FOR DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/EIR") AND ADOPT MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE) 05-002 TO AMEND VARIOUS SECTIONS OF THE MCAS TUSTIN SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. The City of Tustin ("City") and Tustin Legacy Community Partners (TLCP), LLC (a venture of Centex Homes, Shea Homes and Shea Properties) propose Amendments to the MCAS Tustin Specific Plan (collectively "Zone Change 05-002"). Zone Change 05-002 does not "substantially amend" the Specific Plan. Instead, Zone Change 05-002 generally adjusts Planning Area boundaries and redistributes and/or eliminates planned land uses within the Specific Plan area. Zone Change 05-002 would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. B. Zone Change 05-002 is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et. seq.) C. On January 16, 2001, the City Council certified FEIS/EIR. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption of a Specific Plan. D. City staff prepared an Environmental Analysis Checklist to evaluate the potential environmental impacts associated with Zone Change 05-002. The Environmental Analysis Checklist demonstrates that Zone Change 05-002 does not require the preparation of a Subsequent Environmental Impact Report ("SEIR") pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162. However, because Zone Change 05-002 required changes and additions to the FEIS/EIR, the City prepared an Addendum to the FEIS/EIR. Resolution No. 4017 Page 2 E. Zone Change 05-002 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. 2. Achieve balanced development. Ensure that compatible and complementary development occurs. Revitalize older commercial, industrial, and residential development. Improve city-wide urban design. Promote economic expansion and diversification. Coordinate development with provision of adequate public facilities and services. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. 3. 4. 5. 6. 7. These goals establish the framework for policies related to allocation of land use in the City, and the implementation policies reflect the direction and image the City seeks for the future. Zone Change 05-002 supports the General Plan goals and the policies established for the MCAS Tustin Specific Plan area, including the following: 1. Goal 1. Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services while maintaining a healthy, diversified economy adequate to provide future City services. a. Policy 1.10 - Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. 2. Goal 13. The project will implement policies under the goals and policies for future development of MCAS Tustin Specific Plan including: a. Policy 13.2 - Encourage a development pattern that offers a connectedness between buildings and uses, and has a strong sense of place through architectural styles and creative landscape design. Policy 13.5 - Promote high quality architecture, landscaping, signage, open space design, circulation b. Resolution No. 4017 Page 3 patterns, and landscape patterns distinct from surrounding areas. F. That public workshops on Zone Change 05-02 were duly called, noticed, and held on January 9 and March 13, 2006 by the Planning Commission. G. That a public hearing was duly called, noticed, and held on said application on March 27,2006 by the Planning Commission II. The Planning Commission hereby recommends that the City Council approve the resolution approving an Addendum to the Final Environmental Impact Statement/ Environmental Impact Report for the Disposal and Reuse of MCAS Tustin; dated December 1999, attached hereto as Exhibit A. III. The Planning Commission hereby further recommends that the City Council approve the ordinance adopting MCAS Tustin Specific Plan Amendment (Zone Change) 05-002, attached hereto as Exhibit B. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 27th day of March, 2006. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4017 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 2ih day March, 2006. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A Draft Council Resolution Approving Addendum DRAFT RESOLUTION NO. 06-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/EIR") FOR MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE) 05-002 AND DISPOSTIION AND DEVELOPMENT AGREEMENT 06-01; AND ADOPTING A REVISED MITIGATION MONITORING AND REPORTING PROGRAM. The City Council of the City of Tustin hereby finds, determines and orders: A. That the City of Tustin ("City") and Tustin Legacy Community Partners (TLCP), LLC (a venture of Centex Homes, Shea Homes and Shea Properties) propose Amendments to the MCAS Tustin Specific Plan (collectively "Zone Change 05-002"). Zone Change 05-002 does not "substantially amend" the Specific Plan. Instead, Zone Change 05-002 generally adjusts Planning Area boundaries and redistributes and/or eliminates planned land uses within the Specific Plan area. Zone Change 05-002 would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. B. That the City and Tustin Public Finance Authority also propose to enter into a Disposition and Development Agreement with TLCP to facilitate the sale, leasing, and development of Tustin Legacy, including the Master Developer footprint ("DDA 06-01 "). The proposed DDA, which includes a proposed Development Plan establishes certain key terms, including but not limited to: (a) the phasing and conditions precedent to the City's obligation to sell and convey and/or lease certain property within each phase of the Master Developer footprint to the Master Developer; (b) the purchase price of the property to be conveyed to the Master Developer; and (c) establishes a schedule of performance for future development including obligations for construction of Tustin Legacy Backbone Infrastructure and Local Infrastructure. C. That Collectively, Zone Change 05-002 and DDA 06-01 constitute a "project" that is subject to the terms of the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21 000 at. saq.). D. That On January 16, 2001, the City Council adopted Resolution 00- 90 certifying the FEIS/EIR and adopting findings of fact, a statement of overriding consideration, and a mitigation monitoring Resolution No. 06-43 Page 2 and reporting program. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption of a Specific Plan and other implementing actions. E. That the City, in coordination with Bonterra Consulting, prepared an Environmental Analysis Checklist to evaluate the potential environmental impacts of Zone Change 05-002, DDA 06-01 and its related Development Plan. The Environmental Analysis Checklist demonstrates that Zone Change 05-002 does not require the preparation of a Subsequent Environmental Impact Report ("SEIR") pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162. However, because Zone Change 05- 002 required changes and additions to the FEIS/EIR, the City, in coordination with Bonterra Consulting, prepared the MCAS Tustin Zone Change (Specific Plan Amendment) 05-002, Disposition and Development Agreement and Development Plan Addendum to the FEIS/EIR, dated March 2006 ("Addendum"). F. That as documented in the Addendum, Zone Change 05-0002 and DDA 06-01 do not create any new significant environmental effects or result in a substantial increase in the severity of any of the environmental effects previously identified the FEIS/EIR and addressed in the Findings of Fact and Statement of Overriding Considerations that the City Council adopted pursuant to Resolution 00-90. There have also been no changes in circumstances since certification of the FEIS/EIR that create any new significant impact or result in a substantial increase in the severity of any previously identified significant. Finally, no "new information of substantial importance" has surfaced since certification of the FEIS/EIR that must be addressed in an SEIR pursuant to CEQA Guidelines section 15162, subsection (a) (3). G. That the City Council has considered the Addendum along with the FEIS/EIR prior to making a decision on Zone Change 05-002 and DDA 06-01 pursuant to CEQA Guidelines section 15164, and approves the Addendum, attached hereto as Exhibit 1 . H. That Zone Change 05-002 and DDA 06-01 would result in the same significant and unavoidable impacts that were identified in the FEIS/EIR and these impacts are overridden for the reasons set forth in the previously adopted Findings of Fact and Statement of Overriding Considerations, attached to Resolution 00-90. I. That the Addendum refined certain mitigation and implementation measures that were previously adopted and incorporated into a Resolution No. 06-43 Page 3 Mitigation, Monitoring and Reporting Program. The City Council therefore adopts the Revised Mitigation Monitoring and Reporting Program, attached hereto as Exhibit 2. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 3rd day of April, 2006. DOUG DA VERT MAYOR PAMELA STOKER, CITY CLERK STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 06-43 SS PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 06-43 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of April, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk Exhibit 1 to Draft Resolution No. 06-43 Draft Addendum (Under Separate Cover) Exhibit 2 to Draft Resolution No. 06-43 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM MCAS TUSTIN DISPOSAL AND REUSE Revised March 21, 2006 Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Mitigation Measures for Land Use LU-I. The City of Tustin shall amend its General Plan and Prior to a final map recordation City of Tustin Community Development zoning ordinance to be consistent with planned land uses. (except for financing and Department (Tustin) Any zoning ordinance shall include site design measures reconveyance purposes) within such as buffering, landscaping, screening, and setbacks, to the Reuse Plan Area within the ensure high quality development and compatibility City of Tustin. between land uses. The goal is to assure that the overall appearance of development on the site is at least similar in quality to other master planned areas in Tustin and other adjacent cities. LU-2. The City of Irvine shall amend its General Plan and Prior to a final map recordation City ofIrvine Community Development zoning ordinance to be consistent with planned land uses. (except for financing and Department (Irvine) Any zoning ordinance shall include site design measures reconveyance purposes) within such as buffering, landscaping, screening, and setbacks, to the Reuse Plan Area within the ensure high quality development and compatibility City of Irvine. between land uses. The goal is to assure that the overall appearance of development on the site is at least similar in quality to other master planned areas in Tustin and other adjacent cities. EISIEIRfor the Disposal and Reuse of MCAS Tustin I Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Implementation Measures for Utilities (a) The City of Tustin or City of Irvine, as appropriate, shall See Table 4.3-1 of the Final City of Tustin and/or City of Community Development ensure that inftastructure is constructed in phases as EIS/EIR or Table I at the end of Irvine, as applicable Department (Tustin and/or triggered by identified thresholds in Table 1.3 I øf the this Mitigation Monitoring and Irvine, as applicable) FiRal EŒ/EIR 4-2 of the revised Specific Plan Phasing Reporting Program for each Plan. Phasing Plan ReQuirements (see Table 4-2 at the end specific triggering mechanism. of this Mitigation Monitoring and Reporting Program). The Phasing Plan provides an organizational ftamework to facilitate development of the reuse plan area in tandem with inftastructure necessary to support the planned development. This ftamework reflects the fact that each component of the inftastructure has its own threshold for accommodating additional development toward build-out of the reuse plan area. The triggering mechanisms that identify timing of key inftastructure provisions are summarized in Table 4:J-l. 4-2 of the revised Specific Plan Phasing Plan. Phasing Plan ReQuirements (see Table 4-2 at the end of this Mitigation Monitoring and Reporting Program). (b) Prior to a final map recordation (except for financing and Prior to final map recordation Project developer Community Development reconveyance purposes), the development applicant shall (except for financing and Department (Tustin and/or enter into an agreement with the City of Tustin and City reconveyance purposes). Irvine, as applicable) of Irvine and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate an easement, rights-of-way, or other land detennined necessary to construct adequate utility inftastructure and facilities to serve the project as detennined by the city, agency, district, or other providers. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 2 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (c) Prior to any final map recordation (except for financing Prior to final map recordation Project developer Community Development and conveyance purposes), the development applicant (except for financing and Department (Tustin and/or shall enter into a secured agreement with the cities of reconveyance purposes). Irvine, as applicable) Tustin and/or Irvine, as applicable, to participate on a pro-rated basis in construction of capital improvements necessary to provide adequate utility facilities. (d) Prior to the issuance of penn its for any public Prior to the issuance of penn its Project developer Community Development improvements or development project, a development for any public improvements or Department (Tustin and/or applicant shall submit to the City of Tustin and City of development project. Irvine, as appropriate) Irvine, as applicable, infonnation from IRWD which outlines required facilities necessary to provide adequate potable water and reclaimed water service to the development. (e) Prior to the issuance of building penn its the Ðertifieates Elf Prior to the issuance of the Project developer Community Development yse aed øeeY 3aRey, the project developer shall ensure that certificates of use and occupancy. Department (Tustin and/or fire hydrants capable of flows in amounts approved by the Irvine, as appropriate); OCF A are in place and operational to meet fire flow OCFA requirements. (f) Prior to the issuance of penn its for any public Prior to the issuance of penn its Project developer Community Development improvements or development project, a development for any public improvements or Department (Tustin and/or applicant shall submit to the City of Tustin and City of development project. Irvine, as applicable) Irvine, as applicable, infonnation from IRWD, OCSD, or the City of Tustin which outlines required facilities necessary to provide adequate sanitary sewage service to the development. EISIEIRfor the Disposal and Reuse ofMCAS Tustin 3 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (g) Prior to the issuance of grading penn its or approval of any Prior to the issuance of grading Project developer Tustin Building Division or subdivision map (except for financing and reconveyance pennits or approval of any the Irvine Public Works purposes), whichever occurs first, for development within subdivision map (except for Department, as applicable the 100-year flood plain, grading and drainage systems financing and reconveyance shall be designed by the project developer such that all purposes), whichever occurs first. building pads would be safe from inundation from runoff from all stonns up to and including the theoretical I OO-year stonn, to the satisfaction of the City of Tustin Building Division or the Irvine Public Works Department, as applicable. Grading pennits or subdivision maps generated for financing and reconveyance purposes are exempt. (h) Prior to construction of regional flood control facilities, Prior to construction of regional Project developer Public Works Department appropriate state and federal approvals, including flood control facilities. (Tustin and/or Irvine, as agreements and pennits, shall be obtained. These include applicable) but are not limited to Regional Water Quality Control Board penn its, including NPDES pennits; Section 401 water quality certifications; Section 404 penn its from the USACOE, and Section 1601 or 1603 agreements from the CDFG in a manner meeting the approval of the City of Tustin and the Irvine Public Works Department, as applicable. (i) Prior to issuance of any grading pennit or approval of any Prior to issuance of any grading Project developer Tustin Building Division or subdivision map (except for financing and conveyance pennit or approval of any the Irvine Public Works purposes), for any development that is either partially or subdivision map (except for Department, as applicable completely located within the 1O0-year flood plain of the financing and conveyance Flood Insurance Rate Map, the development applicant purposes). shall submit all required documentation to the FEMA and demonstrate that the application for a Conditional Letter of Map Revision for changes to the lOO-year flood plain is satisfied in a manner meeting the approval of each EISIE/Rfor the Disposal and Reuse ofMCAS Tustin 4 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility respective city, as applicable. U) Prior to the approval of any applicable subdivision map Prior to the approval of any Project developer Public Works Department (except for financing and conveyance purposes), the applicable subdivision map (Tustin and/or Irvine, as developer-applicant shall design and construct local (except for financing and applicable) drainage systems for conveyance of the la-year runoff. If conveyance purposes). the facility is in a local sump, it shall be designed to convey the 25-year runoff. (k) Prior to any grading for any new development, the Prior to any grading for any new Project developer Tustin Building Division or following drainage studies shall be submitted to and development. Public Works Department approved by the City of Tustin, City ofIrvine, and/or (Tustin and/or Irvine, as OCFCD, as applicable: applicable) (I) A drainage study including diversions (Le., Prior to any grading for any new Project developer off-site areas that drain onto and/or through the development. project site), with justification and appropriate mitigation for any proposed diversion. (2) A drainage study evidencing that proposed drainage patterns would not result in increased laO-year peak discharges within and downstream of the project limits, and would not worsen existing drainage conditions at storm drains, culverts, and other street crossings including regional flood control facilities. The study shall also propose appropriate mitigation for any increased runoff causing a worsening condition of any existing facilities within or downstream of project limits. Implementation of appropriate interim or ultimate flood control inftastructure construction must be included. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 5 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility . (k) (3) Detailed drainage studies indicating how, in Tustin Building Division or (cont.) conjunction with the drainage conveyance Public Works Department systems including applicable swales, channels, (Tustin and/or Irvine, as street flows, catch basins, storm drains, and flood applicable) water retarding, building pads are made safe from runoff inundation which may be expected from all storms up to and including the theoretical I DO-year flood. (1) Prior to approval of any subdivision map (except for Prior to approval of any City of Tustin Tustin Public Works financing or conveyance purposes), an agreement will be subdivision map (except for Department, Tustin executed with the OCFCD that provides for the financing or conveyance Community Redevelopment identification and contribution of a project-specific fair purposes). Agency share contribution toward the construction of ultimate flood control facilities needed to accommodate build-out of the affected project. Interim flood control facilities may be considered for approval provided such facilities meet OCFCD requirements. Nothing shall preclude the City of Tustin from transferring the obligation onto other project developers within the project area. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 6 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Implementation Measures for Public Services and Facilities (m) General Tustin Community Development Department, The City of Tustin and the City of Irvine, each within its Prior to final map recordation or Police Department, or Parks respective jurisdiction, shall ensure that adequate fire building pennit issuance. Department or the City of protection, police protection, libraries. and parks and Irvine, and/or OCFA, as recreation facilities (including bikeways/trails) needed to appropriate adequately serve the reuse plan area shall be provided as necessary. To eliminate any negative impact the project could have on each community's general fund, financing mechanisms including but not limited to developer fees, assessment district financing, and/or tax increment financing (in the event that a redevelopment project area is created for the site), shall be developed and used as detennined appropriate by each City. Specifically; (I) Applicants for private development projects shall Project developer be required to enter into an agreement with City of Tustin or the City of Irvine, as applicable, to establish a fair-share mechanism to provide needed fire and police protection services, libraries, and parks and recreation facilities (including bikeways) through the use offee schedules, assessment district financing, Community Facility District financing, or other mechanisms as detennined appropriate by each respective city. (2) Recipients of property through public Property recipients conveyance process, or other convevance procedures. shall be required to mitigate any impacts of their public uses of property on public services and facilities. EISIEIRlor the Disposal and Reuse 01 MCAS Tustin 7 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (n) The cities of Tustin and Irvine shall jointly consult and Ongoing prior to implementation City of Tustin and City of Community Development coordinate with the OCPFRD/Harbors, Beaches and of Peters Canyon and Barranca Irvine Department (Tustin and/or Parks, Program Management and Coordination Division, trails. Irvine, as applicable) in preparation of trail designs for the Peters Canyon and Barranca trails within the reuse plan area. Improvements for each of these trails would be installed upon completion of flood control channel improvements and approval of their joint use by the OCPFRD. (0) Fire ProtectionlEmergencv Medical Services Prior to the first final map Project developer Tustin Community recordation or building permit Redevelopment Agency and Prior to the first final map recordation or building permit issuance for development (except the City of Irvine issuance for development (except for financing and for financing and reconveyances reconveyances purposes), the project developer could be purposes). required to enter into an agreement with the City of Tustin or City ofIrvine/OCF A, as applicable, to address impacts of the project on fire services. Such agreement could include participation for fire protection, personnel and equipment necessary to serve the project and eliminate any negative impacts on fire protection services. (p) Prior to issuance of building permits, the project Prior to issuance of building Project developer Community Development developer shall work closely with the OCF A to ensure permits. Department (Tustin and/or that adequate fire protection measures are implemented in Irvine, as applicable) the project. (q) Prior to issuance of building permits for phased projects, Prior to issuance of building Project developer Community Development the project developer shall submit a construction phasing permits for phased projects. Department (Tustin and/or plan to the OCF A demonstrating that emergency vehicle Irvine, as applicable) access is adequate. EISIEIRlor the Disposal and Reuse 01 MCAS Tustin 8 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (r) Prior to the issuance of building permits, the project Prior to issuance of building Project developer Community Development developer shall submit a fire hydrant location plan for the permits. Department (Tustin and/or review and approval of the Fire Chief and ensure that fire Irvine, as applicable) hydrants capable of flows in amounts approved by the OCF A are in place and operational to meet fire flow requirements. (s) Police Protection Prior to issuance of building Project developer Community Development permits. Department (Tustin and/or Prior to issuance of building permits, the project Irvine, as applicable) developer shall work closely with the respective Police Department to ensure that adequate security precautions are implemented in the project. (t) Schools Prior to the issuance of building Project developer Community Development permits eertifieates øf Hse aaEi Department (Tustin and/or Prior to the issuance of building permits eertifieates øfHse øeeHflaaey. Irvine, as applicable) aAd occHflaaey, the project developer shall submit to the respective City proof of payment of appropriate school fees adopted by the applicable school district pursuant to Government Code Section 65995. Alternatively. a project developer may enter into a mutual agreement with an applicable school district to provide alternative mitigation that addresses student generation increases. (u) Parks and Recreation Prior to the first final map Project developer Tustin Community recordation (except for financing Development Department Prior to the first final map recordation (except for and reconveyance purposes) or and Parks and Recreation financing and reconveyance purposes) or building permit building permit issuance. Department issuance for development within the City of Tustin portion of the site, the project developer shall be required to provide evidence of compliance with all requirements and standards of the City of Tustin Park Code. EIS/EIRfor the Disposal and Reuse ofMCAS Tustin 9 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (v) Prior to the first final map recordation or building pennit Prior to the first final map Project developer Irvine Community issuance within the City of Irvine portion of the site, the recordation (except for fmancing Development Department project developer shall be required to provide evidence of and reconveyance purposes) or compliance with all requirements and standards of the building pennit issuance. City of Irvine Park Code. (w) Prior to the first concept plan for tentative tract map in the Prior to the first concept plan for Project developer Tustin Public Works City of Tustin, the project developer shall file a petition tentative tract map. Department; Tustin for the creation of a landscape maintenance district for the Community Redevelopment project area with the City of Tustin. The district shall Agency include public neighborhood parks, landscape improvements, and specific trails (Barranca only), the medians in arterials, or other eligible items mutually agreed to by the petitioner and the City of Tustin. In the event that a district is not established prior to issuance of the first building pennit, maintenance of items mentioned above shall be the responsibility of a community association. (x) Prior to approval of any subdivision map (except for Prior to approval of any Project developer Community Development financing or conveyance purposes), an agreement will be subdivision map (except for Department (Tustin and/or executed with the following agencies for the associated financing or conveyance Irvine, as applicable) trail improvements: purposes). a. County of Orange Harbors, Beaches - identification of a project-specific fair share contribution toward the installation of necessary regional bikeway trail improvements within Peters Canyon Channel, to be installed in conjunction with the County of Orange's other channel improvements; EIS/E/Rfor the Disposal and Reuse of MCAS Tustin /0 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (x) b. City of Tustin - the identification of a Prior to the first final map Project developer Tustin Community (cont.) project-specific fair share contribution toward recordation (except for financing Development Department the installation of Class II bicycle trails through and reconveyance purposes) or and/or SCRRA/OCTA, as the project site. For the area ofthe site northeast building pennit issuance. appropriate of Irvine Center Drive, a separate agreement would be required to ensure the provision of a bikeway right-of-way easement, and design and construction of a bike trial along the SCRRA/OCT A rail tracks from Harvard A venue westerly to the Peters Canyon Channel. In addition, project developers of the areas of the site southeast of the Peters Canyon Channel would need to accommodate access to both the Peters Canyon Trail and the trail adjacent to the SCRRA/OCT A tracks in any project site design including dedication of any necessary recreational trail easements; c. City of Tustin - the identification of a Prior to the first final map Project developer Tustin Community project-specific fair-share contribution toward recordation (except for financing Development Department installation of Class I bikeway trail and reconveyance purposes) or improvements northerly of Barranca Parkway building pennit issuance. after completion of the Barranca Channel improvements. For proposed developments adjacent to Barranca Channel, separate agreements would be required to ensure the establishment of a bikeway right-of-way easement between Jamboree Road and Red Hill A venue. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 11 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Mitigation Measures for Aesthetics Vis-l In conjunction with any zoning ordinance amendments to Prior to the first final map City of Tustin and City of Community Development implement the reuse plan in Tustin or Irvine, an urban recordation (except for financing Irvine Department (Tustin and/or design plan shall be adopted to provide for distinct and and reconveyance purposes) or Irvine, as applicable) cohesive architectural and landscape design, features and building pennit issuance. treatments, as well as hannony with adjacent landscaping. The urban design plan shall have the following elements: . landscaping concept and master signage plan; . design review and approval process; . limits on development intensity for each specific land use; . limits on height of structures and lot coverage; . minimum site building setbacks; . minimum on-site landscaping requirements; . buffering requirements, including benns, masonry walls, and landscaping; . lighting regulations, including regulations ensuring that exterior lighting does not . negatively impact surrounding property; . screening regulations for mechanical equipment and outside storage; and . site signage requirements, including sign penn it approval. ElSIElRfor the Disposal and Reuse of MCAS Tustin 12 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Mitigation Measures for Cultural and Paleontological Resources Hist-l Historic American Building Survey (HABS) - DON will Prior to conveyance to City of Department of the Navy Department of the Navy complete the appropriate recordation for hangars 28 and Tustin 29 and the discontiguous historic district prior to conveyance of any property within the discontiguous historic district and shall ensure that copies of the recordation are made available to SHPO, the City of Tustin, and any local or other archive facilities designated by SHPO. Hist-2 Curation - within 30 days of the execution of the MOA, Within 30 days of the execution Department of the Navy Department of the Navy Department of the Navy will Department of the Navyate of the MOA copies of plans and architectural drawings and other archival materials and records, as available, concerning the layout and the buildings and structures that made up the original Navy lighter-than-air blimp facility to a local curation facility. The City of Tustin or its designee will also be provided with copies of these materials. Arch-l Prior to issuance of grading permits, the four-acre parcel Prior to issuance of grading Project developer Tustin Community currently outside the boundaries of the Air Station along pennits. Development Department Harvard A venue shall be surveyed to detennine the presence/absence of archaeological resources prior to grading. EIS/EIRfor the Disposal and Reuse of MCAS Tustin /3 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Arch-2 Prior to issuance of grading pennits, the cities of Tustin Prior to issuance of grading Project developer Community Development and Irvine shall each require applicants of individual penn its. Department (Tustin and/or development projects to retain, as appropriate, a county- Irvine, as applicable) certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified archaeologist would need to assess the site significance and perfonn the appropriate mitigation. The Native American view point shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. Hist-3 As specified in the MOA, a substantive effort will be Ongoing, prior to making Department of the Navy and Tustin Community made to detennine whether there is an economically substantial changes to Hangar 28 County of Orange Redevelopment Agency viable adaptive use of Hangar 28 and Hangar 29. or Hangar 29. Hist-4 If the marketing effort identifies an economically viable Prior to making substantial Department of the Navy Tustin Community adaptive use of either of the complexes, that complex will changes to Hangar 28 or Hangar Development Department be encumbered by a historic preservation covenant. In the 29. case of the Hangar 28 complex, these measures shall balance the needs of the adaptive use and the needs for effective operation of the Federal Lands to Parks or Historic Monument programs. Hist-5 IfNPS and/or SHPO detennine that, despite a marketing Prior to making substantial Department ofthe Navy NPS, SHPO, and Department effort that complies with the tenns of the MOA or as changes to Hangar 28. of the Navy agreed to by the City of Tustin/County of Orange, NPS, and/or SHPO, an economically viable adaptive use of the Hangar 28 complex was not identified, NPS and/or SHPO shall promptly advise Department of the Navy and notify the City of Tustin/County of Orange that the following measures are required. EISIEIRfor the Disposal and Reuse of MCAS Tustin 14 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Hist-5 a. Written History - The City of Tustin/County of Prior to making substantial Department of the Navy NPS, SHPO, and Department (cont.) Orange shall prepare an illustrated history report changes to Hangar 28. of the Navy on MCAS TUSTIN, with emphasis on the initial construction of the Air Station and its World War II Navy lighter-than-air operations. b. Exhibit - The City of Tustin/County of Orange shall prepare a professional-quality illustrated interpretive exhibit with emphasis on the initial construction of the air station and its World War II Navy lighter-than-air operations. c. Interpretive Video - The City of Tustin/County of Orange shall prepare a professional-quality documentary video and shall undertake a one-time distribution and outreach program for the documentary video. Paleo-l The cities of Tustin and Irvine shall each require Prior to issuance of grading Project developer Community Development applicants of individual development projects to comply permits. Department (Tustin and/or with the requirements established in a PRMP prepared for Irvine, as applicable) the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are discovered during construction. Paleo-2 Prior to the issuance of a grading permit, project Prior to issuance of grading Project developer Community Development applicants shall provide written evidence to each city, that permits. Department (Tustin and/or a county-certified paleontologist has been retained to Irvine, as applicable) conduct salvage excavation of unique paleontological resources if they are found. EISlElRfor the Disposal and Reuse of MCAS Tustin 15 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Mitigation Measures for Biological Resources Bio-l The project proponents of any development affecting Prior to issuance of grading Project developer Tustin Community jurisdictional waters of the U.S. or vegetated wetlands penn its or any public Development Department shall obtain Section 401, Section 404, Section ~1602, improvements within pond turtle and/or OCFCD, as and other certifications, approvals and pennits as habitat. appropriate necessary. Copies of the necessary state and federal penn its shall be provided to the City prior to the issuance of mass or grading pennits for grading activities impacting jurisdictional areas. A replacement ratio for affected wetland resources shall be detennined in consultation with regulatory agencies as part of the pennitting process and shall be no less than 1: 1 replacement of function and value. Additional criteria and requirements will be as follows: The aetieRs prol3eseå eR Peter CaR.yeR ChaRRel sRall be mitigated BY the OCFCD whe is the f)rejeet prel3eReBt fer tleød eeRtrel imprevefHeRts. . Create (establish), restore, or enhance wetland/riparian habitats on-site to the maximum extent practicable to minimize and replace the on-site loss of USACE and CDFG jurisdictional acreage and function, or off-site as may be pennitted by the USACE and CDFG. . To return jurisdictional habitats that are temporarily disturbed during construction to pre-construction conditions. . To provide for maintenance, management and monitoring ofthe mitigation site or sites for a minimum of three years as detennined through the pennitting process. EIS/E/Rfor the Disposal and Reuse of MCAS Tustin /6 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Bio-2 Based on consultations with CDFG, City of Tustin, or a Prior to issuance of grading City of Tustin and/or Tustin Community project proponent as applicable, an off-site relocation site pennits or any public project developer, as Development Department for southwestern pond turtles captured on site shall be improvements within pond turtle appropriate identified that is as close to the Reuse Plan area as habitat. possible and that is sustainable in perpetuity. (No appropriate habitat in the City of Tustin is available for relocation.) Potential relocation sites include but are not limited to a turtle pond and relocation site D old poRd (ØI:lIT@Rtly th81:lgÅt elry) located in upper Shady Canyon within the Orange County Nature Preserve that eeylà ee improved 8r restered te serve as a r@loøatioR site; or the San Joaquin Marsh, which is managed by UC Irvine, Irvine Ranch, and the Orange County Water District. Some property owners and public agencies may be adverse to the relocation of species of special concern onto their property or jurisdiction, and it would be speculative to identify actual sites prior to completion of consultation with CDFG and with potential property owners and/or appropriate public agencies. A relocation and mitigation plan shall be prepared by a qualified biologist for approval by the CDFG. The relocation and mitigation plan shall include the following: . Requirement for focused surveys for southwestern pond turtles prior to construction activities and submittal of survev report to the CDFG. . Identification of specific relocation site within the Newport Bav watershed. . Methodology for trapping, capture, recordation and release of southwestern pond turtles. . Requirement of biological monitoring during EISIEIRlor the Disposal and Reuse 01 MCAS Tustin 17 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Bio-2 construction and requirement for capture and (cont.) relocation by a Qualified biologist of any additional southwestern pond turtles observed during construction. Bio-3 Penn its from the CDFG shall be obtained for live-capture Prior to issuance of grading Project developer Tustin Community of the turtles and for transporting them to the relocation pennits or any public Development Department site. improvements within pond turtle habitat. Bio-4 A project proponent shall negotiate aR agreeæeIH shall Be Ongoing City of Tustin and/or Tustin Community eegetiated with the CDFG, Ci~' efTystie, prøject project developer, as Development Department flrefleeeet, or other agency or organization as appropriate, appropriate for relocation of turtles and/or contribution of funds to improve, restore, or create ~ ~ relocation site as turtle habitat, in conjunction with any regulatorv pennits necessary. Mitigation Measures for Traffic/Circulation T/C-I Construction Prior to site development pennit. Project developer Public Works Department In conjunction with the approval of a site development (Tustin or Irvine, as penn it, the City of Tustin and the City of Irvine, as applicable) applicable (for that portion of the reuse plan within Irvine), shall require each developer to provide traffic operations and control plans that would minimize the traffic impacts of proposed construction activity. The plans shall address roadway and lane closures, truck hours and routes, and notification procedures for planned short-term or interim changes in traffic patterns. The City of Tustin and the City ofIrvine, as applicable, shall ensure that the plan would minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable shall review the proposed traffic control and operations plans with any affected jurisdiction. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 18 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility TIC-2 Development Prior to issuance of certificates of Project developer Public Works Department occupancy. (Tustin or Irvine, as The City of Tustin and the City of Irvine, as applicable applicable) (for that portion of the reuse plan area within Irvine), shall ensure that the arterial intersection improvements required in 2005 and 2020 and as indicated in Tables 4.12-7 and 4.12-9 of the Final EISÆIR (see Tables 2 and 4 and at the end of this Mitigation Monitoring and Reporting Program) are implemented for their respective jurisdictions according to the cumulative ADT thresholds identified in each table and according to the fair share basis noted. The ADT threshold represents the traffic volume which would result in an impact and the fair share percentage reflects the percent of the traffic impact resulting from the reuse generated traffic. In some cases, reuse traffic would generate 100 percent of the impact, thereby assuming full financial responsibility for the identified improvements. In other cases, reuse traffic would generate only a fraction of the traffic impacting the intersection and financial responsibility would correspond. TIC-3 The City of Tustin and the City ofIrvine, as applicable See Table 4.12-8 of the Final Project developer Public Works Department (for that portion of the reuse plan area within Irvine), shall EIS/EIR or Table 3 at the end of (Tustin or Irvine, as contribute, on a fair share basis, to improvements to the Mitigation Monitoring and applicable) freeway ramp intersections as listed in Table 4.12-8 of the Reporting Program for each Final EISÆIR (see Table 3 at the end of the Mitigation specific triggering mechanism. Monitoring and Reporting Program). The method of implementing improvements, e.g., restriping, ramp widening, shall be based on special design studies, in association with Caltrans. E/SIE/Rfor the Disposal and Reuse of MCAS Tustin /9 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility T/C-4 The City of Tustin and the City ofIrvine, as applicable Ongoing (see Table 4.12-10 of Project developer Public Works Department (for that portion ofthe reuse plan area within Irvine), shall the Final EISIEIR or Table 5 at (Tustin or Irvine, as ensure that all on-site circulation system improvements the end of the Mitigation applicable) for the reuse plan area assumed in the 2005 and 2020 Monitoring and Reporting traffic analysis and as shown in Table 4.12 IQ 4-4 of the Program for each specific revised Specific Plan Phasing Plan fÏRal ElSiEIR (see triggering mechanism. Table 4-4 at the end of the Mitigation Monitoring and Reporting Program) are implemented according to the cumulative ADT thresholds identified in the table. Under this Phasing Plan, the City of Tustin shall monitor all new development within the site, accounting for the cumulative ADT generated by development projects. As each ADT threshold is reached, the roadway improvements listed in Table 4-44.12 10 of the revised Specific Plan Phasing Plan fiRal EISiEIR (see Table 4-4 at the end of the Mitigation Monitoring and Reporting Program) shall be constructed before any additional projects within the reuse plan area would be approved. T/C-51 Prior to approval of a site development permit or vesting Ongoing, prior to approval of a Project developer Public Works/Community tract, except for financing or conveyance purposes, for all site development permit or Development Departments land use designation areas in Alternative 1 with the vesting tract, except for financing (Tustin and/or Irvine, as exception of the Learning Village, Community Park, and or conveyance purposes, based on applicable) Regional Park, a project developer shall enter into an the ADT generation thresholds agreement with the City of Tustin and City ofIrvine, as shown in Tables 4.12-7, 4.12-8, applicable (for that portion of the reuse plan area within 4.12-9, and 4.12-10 of the Final Irvine) which assigns improvements required in the EIS/EIR (see Tables 2 through 5 EISIEIR to the development site and which requires at the end of the Mitigation participation in a fair share mechanism to design and Monitoring and Reporting construct required on-site and arterial improvements Program for each specific Table references in the mitigation measures have been changed from Final FE1SIEIR to match the correct table numbers in the FEIS/EIR. ElSlElRlor the Disposal and Reuse of MCAS Tustin 20 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility TIC -5 consistent with the ADT generation thresholds shown in triggering mechanism). (cont.) TaBles 4.127, U2 &, U2 9, aøå 4.12 19 Table 4-4 of the revised Specific Plan Phasing Plan (see Tables 4-4 at the end of the Mitigation Monitoring and Reporting Program). T/C-6' The City of Tustin and the City of Irvine, as applicable Ongoing, based on the ADT Project developer Public Works and (for that portion of the reuse plan area in Irvine), will generation thresholds shown in Community Development monitor new development within the reuse plan area, Table 4.12-10 of the Final Departments (Tustin and/or accounting for the cumulative ADTs generated by EIS/EIR (see Table 5 at the end Irvine, as applicable) development projects within the reuse plan area. As each of the Mitigation Monitoring and cumulative ADT threshold shown in Table 4-4 of the Reporting Program for each revised Specific Plan Phasing Plan 4.12 I () (see Table 4-4 specific triggering mechanism). at the end of the Mitigation Monitoring and Reporting Program) is reached, the roadway improvements listed shall be constructed before any additional projects within the reuse plan area are approved. T/C-7 The City of Tustin shall adopt a trip budget for individual Within one (1) year of project City of Tustin Tustin Public Works and portions of the reuse plan area to assist in the monitoring approval, and ongoing thereafter. Community Development of cumulative ADTs and the amount and intensity of Departments permitted non-residential uses as evaluated in the EIS/EIR. T/C-8 Alternative improvements that provide an equivalent level Ongoing City of Tustin and/or City of Public Works and of mitigation in 2005 or 2020 to what is identified in Irvine Community Development Tables 4.12-7,4.12-8, and 4.12-9 of the Final EIS/EIR Departments (Tustin and/or (see Tables 2 through 4) at the end of the Mitigation Irvine, as applicable) Monitoring and Reporting Program) may be identified in consultation between the City of Tustin and the City of Irvine, as applicable, and the impacted jurisdiction. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 21 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility T/C-9 The City of Tustin shall enter into agreements with Within one (I) year of project City of Tustin, City of Public Works and Caltrans and the cities of Santa Ana and Irvine to ensure approval. Irvine Community Development that the off-site roadway improvements needed to mitigate Departments (Tustin and/or the effects of the proposed alternative are constructed Irvine, as applicable) pursuant to improvement programs established by the respective jurisdiction. In order to properly coordinate the timing and improvements in the adjacent jurisdictions, the City of Tustin shall hold a scoping-like meeting with the respective jurisdictions. The purpose of said scoping-like meeting shall be to identify the concerns of the respective jurisdictions prior to the initiation of the fair share study. The purpose of the study would be to fully identify, with each jurisdiction, the scope and costs offeasible improvements (as detennined by the respective jurisdiction). The improvements EIS/EIRfor the Disposal and Reuse of MCAS Tustin 22 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility T/C-9 would be acceptable to each jurisdiction toward fulfilling Within one (1) year of project City of Tustin, City of Community Development (cont.) the timing and cost of the transportation improvement approval. Irvine and Public Works obligations as required to mitigate transportation impacts Departments of the City of in each jurisdiction. The funding for the improvements to Tustin and the City ofIrvine be incorporated into the agreement would be utilized by the respective agency to improve the capacity ofthe impacted intersections/links or be used for substituted improvements, as detennined by mutual agreement. Prior to execution of the agreement, each jurisdiction would be allowed ten (10) working days to review the technical report prior to being provided with a copy of the proposed agreement. Each jurisdiction would then have ten (10) working days to review and comment as to its concurrence with the improvement programs contained in the agreement. The comments of each jurisdiction would be considered to ensure that the City of Tustin's responsibility for fair share funding of the improvements in each jurisdiction as stated above is fully addressed. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 23 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility IA-l Table 4.12-10 of the Final EIS/EIR, as revised and See Table 4.12-10 of the Final City of Tustin Community Development presented in Table 4-4 of the revised Specific Plan EISÆIR or Table 5 at the end of and Public Works Phasing Plan (see Table 4-4 at the end of the Mitigation the Mitigation Monitoring and Departments (Tustin and/or Monitoring and Reporting Program) presents the Phasing Reporting Program for each Irvine, as applicable) Plan for the on-site circulation system. The Phasing Plan specific triggering mechanism. is based upon traffic circulation impact and mitigation analyses contained in the Tustin Lef!acy Traffic Analysis (Austin-Foust Associates. Inc.. February 2006~ Report (FiÐal.^'¡:!fJeRâiJ¡ F of the Fieal EISiEIR). Under this Specific Plan Phasing Plan, the City of Tustin shall monitor all new development within the Specific Plan, accounting for the cumulative ADT generated by development projects. As each ADT threshold is reached, the roadway improvements listed in Table Q.12 19 afthe FiRal EIS/EIR Tables 4-3 and 4-4 of the revised Specific Plan Phasing Plan (see Tables 4-3 and 4-4 at the end of the Mitigation Monitoring and Reporting Program) shall be constructed before any additional projects within the Specific Plan would be approved. IA-2 Table 7-3 of the Final EISÆIR (see Table.1 at the end of See Table 7-3 of the Final City of Tustin Tustin Community the Mitigation Monitoring and Reporting Program) EISÆIR or Table 6 at the end of Development and Public presents the Trip Budget which summarizes the square the Mitigation Monitoring and Works Departments footage of non-residential uses allocated to each Reporting Program for each neighborhood by Planning Area and the associated ADT. specific triggering mechanism. (Residential uses are shown for infonnation only, they are not part of the budget.) Pursuant to Section 3.2.4 of the Specific Plan, the City of Tustin shall implement the trip budget by neighborhood to control the amount and intensity of non-residential uses. Trip Budget transfers between neighborhoods shall also be implemented as directed in subsection 3.2.4 of the Specific Plan. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 24 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility IA-3 Prior to the approval of (1) a Planning Area Concept Prior to the approval of(1) a Project developer Tustin Community Plan pursuant to Section 4.2 of the Specific Plan, (2) a Planning Area Concept Plan Development and Public site development penn it, or (3) a vesting tentative map pursuant to Section 4.2 of the Works Departments for new square footage (not for financing or conveyance Specific Plan, (2) a site purposes), a project developer shall provide traffic development pennit, or (3) a information consistent with the provisions of the Specific vesting tentative map for new Plan, this the FEISÆIR. and this Addendum, and the square footage (not for financing requirements of the City of Tustin Traffic Engineer. The or conveyance purposes). traffic infonnation shall (a) identify and assign traffic circulation mitigation measures required in the EISÆIR pursuant to the Phasing Plan described in Table 1.12 19 aftRe fiaal gIS/EIR 4-4 of the revised Specific Plan Phasing Plan (see Table 4-4 at the end of the Mitigation Monitoring and Reporting Program); (b) evaluate the effects of either the delay of any previously committed circulation improvements or the construction of currently unanticipated circulation improvements; and (c) utilize the circulation system and capacity assumptions within the EISÆIR and any additional circulation improvements completed by affected jurisdictions for the applicable timeframe of analysis. lA-4 Prior to the issuance of building pennits for new Prior to the issuance of building Project developer Tustin Community development within planning areas requiring a concept pennits. Development and Public plan, a project developer shall enter into an agreement Works Departments with the City of Tustin to (a) design and construct roadway improvements consistent with the ADT generation Phasing Plan described in Table U2 19 of the fiHal gISŒIR 4-4 of the revised Specific Plan Phasing Plan (see Table 4-4 at the end of the Mitigation Monitoring and Reporting Program) and (b) address the impact of and specify the responsibility for any previously committed circulation improvements assumed EIS/EIRfor the Disposal and Reuse of MCAS Tustin 25 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility IA-4 in the EIS/EIR which have not been constructed. (cont.) IA-5 If a subsequent traffic Phasing Plan demonstrates that Ongoing City of Tustin tustin Public Works and certain circulation improvements should be included in a Community Development different phase of Specific Plan development Departments (accelerated or delayed) or that a circulation improvement can be substituted, the mitigation Phasing Plan in Table 4.12 19 eftR8 fiBal EIS/EIR 4-4 of the revised Specific Plan Phasing Plan (see Table 4-4 at the end ofthe Mitigation Monitoring and Reporting Program) may be amended, subject to approval of the City of Tustin and any other affected jurisdictions, provided that the same level of traffic mitigation and traffic capacity would be provided. IA-6 The City of Tustin will enter into agreements with Within one (I) year of approval of City of Tustin Tustin Public Works and Caltrans and the cities of Santa Ana and Irvine to ensure reuse and disposal ofMCAS Community Development that the off-site roadway improvements needed to Tustin Departments mitigate the effects of the Specific Plan are constructed pursuant to improvement programs established by the respective jurisdiction. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 26 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility IA-6 In order to properly coordinate the timing and funding of Within one (1) year of approval City of Tustin Public Works and (cont.) fair share obligation of Specific Plan improvements in the of reuse and disposal ofMCAS Community Development adjacent jurisdictions, the City of Tustin shall hold a Tustin Departments (Tustin, Irvine, scoping-like meeting with the respective jurisdictions. and Santa Ana), and Caltrans The purpose of said scoping-like meeting shall be to identify the concerns of the respective jurisdictions prior to the initiation of the fair share study. The purpose of the study would be to fully identify, with each jurisdiction, the scope and costs of obligations of the Specific Plan as required to mitigate transportation impacts in feasible improvements (as determined by the respective jurisdiction). The improvements would be acceptable to each jurisdiction toward fulfilling the timing and cost of the transportation improvement each jurisdiction, as listed above. The funding for the improvements to be incorporated into the agreement would be utilized by the respective agency to improve the capacity of the impacted intersections/links or be used for substituted improvements, as determined by mutual agreement. Prior to execution of the agreement, each jurisdiction would be allowed ten working days to review the technical report prior to being provided with a copy of the proposed agreement. Each jurisdiction would then have ten working days to review and comment as to its concurrence with the improvement programs contained in the agreement. The comments of each jurisdiction would be considered to ensure that the City of Tustin's responsibility for fair share funding of the improvements in each jurisdiction as stated above is fully addressed. EISIEIRfor the Disposal and Reuse of MCAS Tustin 27 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility IA-7 Each Specific Plan project would contain, to the Prior to issuance of grading Project developer Community Development satisfaction of the City of Tustin and/or City ofIrvine, as permits Department (Tustin and/or applicable, a pedestrian circulation component showing Irvine, as applicable) pedestrian access to regional hiking trails, parks, schools, shopping areas, bus stops, and/or other public facilities. Mitigation Measures for Air Quality AQ-l During construction of the proposed project. the City. Prior to issuance of grading or Project developer Community Development and/or developer and its contractors shall be required to complv with regional rules. which would assist in building permits. Department (Tustin and/or reducing short-term air pollutant emissions. SCAQMD Irvine, as applicable) Rule 402 requires that air pollutant emissions should not create a nuisance off-site. SCAQMD Rule 403 requires that fugitive dust be controlled with the best available control measures so the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. The City and its contractors shall use the measures presented in SCAQMD Rule 403 Tables 1. 2 and 3 (presented in Tables 5-1. 5-2 and 5-3 of the FEISÆIR Addendum). This compliance measure shall be included in the contractor's specifications and verified on City projects by the Department of Public Works. EISIEIRfor the Disposal and Reuse of MCAS Tustin 28 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility AQ-2 Unless detennined by the City of Tustin and the City of Prior to issuance of grading or Project developer Community Development Irvine, as applicable, to be infeasible on a building permits. Department (Tustin and/or project-by-project basis due to unique project Irvine, as applicable) characteristics, each city shall require individual development projects to use low VOC architectural coatings for all interior and exterior painting operations. AQ-3 Prior to the issuance of development pennits for new non- Prior to issuance of development Project developer Community Development residential projects with 100 or more employees, and permits for new non-residential Department (Tustin and/or expanded projects where additional square footage would projects with 100 or more Irvine, as applicable) result in a total of 100 or more employees, the City of employees and expanded projects Tustin and the City ofIrvine, as applicable, shall impose a where additional square footage mix ofTDM measures which, upon estimation, would would result in a total of 100 or result in an average vehicle ridership of at least 1.5, for more employees each development with characteristics that would be reasonably conducive to successful implementation of such TDM measures. These TDM measures may include one or more of the following, as determined appropriate and feasible by each city on a case-by-case basis: EISIE/Rfor the Disposal and Reuse of MCAS Tustin 29 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility AQ-3 - Establish preferential parking for carpool vehicles. Prior to issuance of development Project developer Community Development (cont.) - Provide bicycle parking facilities. permits for new non-residential Department (Tustin and/or - Provide shower and locker facilities. projects with 100 or more Irvine, as applicable) - Provide carpool and vanpoolloading areas. employees and expanded projects - Incorporate bus stop improvements into facility where additional square footage design. would result in a total of 100 or - Implement shuttles to shopping, eating, recreation, more employees and/or parking and transit facilities. - Construct remote parking facilities. - Provide pedestrian circulation linkages. - Construct pedestrian grade separations. - Establish carpool and vanpool programs. - Provide cash allowances, passes, and other public transit and purchase incentives. - Establish parking fees for single occupancy vehicles. - Provide parking subsidies for rideshare vehicles. - Institute a computerized commuter rideshare matching system. - Provide a guaranteed ride-home program for ridesharing. - Establish alternative work week, flex-time, and compressed work week schedules. - Establish telecommuting or work-at-home programs. - Provide additional vacation and compensatory leave incentives. - Provide on-site lunch rooms/cafeterias and commercial service such as banks, restaurants, and small retail. - Provide on-site day care facilities. - Establish an employee transportation coordinator(s). EISIEIRfor the Disposal and Reuse of MCAS Tustin 30 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility AQ-4 Ifnot required under each individual development's TDM Ongoing Project developer Community Development plan, the City of Tustin and the City ofIrvine, as Department (Tustin and/or applicable, shall implement the following measures, as Irvine, as applicable) determined appropriate or feasible by each city on a case-by-case basis: - Reschedule truck deliveries and pickups for off-peak hours. - Implement lunch shuttle service trom a worksite(s) to food establishments. - Implement compressed work week schedules where weekly work hours are compressed into fewer than five days, such as 9/80, 4/40, or 3/36. - Provide on-site child care and after-school facilities or contribute to off-site developments within walking distance. - Provide on-site employee services such as cafeterias, banks, etc. - Implement a pricing structure for single-occupancy employee parking, and/or provide discounts to ridesharers. - Construct off-site pedestrian facility improvements such as overpasses and wider sidewalks. - Include retail services within or adjacent to residential subdivisions. - Provide shuttles to major rail transit centers or multi-modal stations. - Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.). - Synchronize traffic lights on streets impacted by development. ElSlElRfor the Disposal and Reuse of MCAS Tustin 31 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility AQ-4 - Construct, contribute, or dedicate land for the Ongoing Project developer Community Development (cont.) provision of off-site bicycle trails linking the facility Department (Tustin and/or to designated bicycle commuting routes. Irvine, as applicable) - Include residential units within a commercial development. - Provide off-site bicycle facility improvements, such as bicycle trails linking the facility to designated bicycle commuting routes, or on-site improvements, such as bicycle paths. - Include bicycle parking facilities such as bicycle lockers. - Include showers for bicycling and pedestrian employees' use. - Construct on-site pedestrian facility improvements, such as building access which is physically separated from street and parking lot traffic, and walk paths. Mitigation Measures for Noise N-l Prior to reuse of any existing residential units within the Prior to reuse of any existing Project developer Community Development reuse area for civilian use, the City of Tustin or the City residential units. Department (Tustin and/or ofIrvine, as applicable, and where necessary and feasible, Irvine, as applicable) shall require the installation of noise attenuation barriers, insulation, or similar devices to ensure that interior and exterior noise levels at these residential units do not exceed applicable noise standards. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 32 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility N-2 During design of the grade-separated intersection of Prior to approval of final design Project developer Tustin Public Works Tustin Ranch Road at Edinger A venue, the City of Tustin plans. Department shall evaluate potential noise impacts on surrounding properties to the northeast of Edinger Avenue and shall incorporate into the design of this intersection noise attenuation measures detennined appropriate and feasible by the City of Tustin, in order to ensure that these surrounding properties do not experience noise levels that exceed City of Tustin noise standards. N-3 For new development within the reuse area, the City of Prior to issuance of building Project developer Community Development Tustin and City of Irvine, as applicable, shall ensure that penn its. Department (Tustin and/or interior and exterior noise levels do not exceed those Irvine, as applicable) prescribed by state requirements and local city ordinances and general plans. Plans demonstrating noise regulation confonnity shall be submitted for review and approval prior to building penn its being issued to accommodate reuse. N-4 Prior to the connection ofWamer Avenue to the North Prior to approval of final design City of Tustin and City of Tustin Community Loop Road or the South Loop Road, the City of Tustin plans. Irvine Development and Public shall conduct an acoustical study to assess reuse traffic Works Departments noise impacts to existing sensitive receptors adjacent to Warner A venue, between Harvard A venue and Culver Drive. If mitigation of reuse traffic noise impacts is required, the City of Tustin and the City of Irvine shall enter into an agreement that defines required mitigation and which allocates the cost of mitigation between the City of Tustin and the City ofIrvine on a fair share basis. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 33 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Implementation Measures for Water Quality WQ-l Prior to the approval of grading plans. the project Prior to approval of grading Project Developer Community Development developers shall provide written evidence to the plans. Department (Tustin and/or Department of Public Works that it has filed a Notice of Irvine. as applicable) Intent with the State Water Resources Control Board in order to obtain coverage under the latest approved General Construction Permit. Pursuant to the permit requirements, developers shall develop a Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating sediment and other construction-related pollutants in the site runoff. WQ-2 Prior to approval of a grading plans. the Department of Prior to approval of grading Project Developer Community Development Public Works shall confirm that the contractors plans. Department (Tustin and/or specifications require compliance with the latest approved Irvine. as applicable) General Waste Discharge Requirements issued by the Santa Ana Regional Water Qualitv Control Board to govern discharges from construction dewatering and water line/sprinkler line testing should they occur during construction. Developers shall comply with these regulations including provisions requiring notification. testing and reporting of dewatering and testing-related discharges, which shall mitigate any impacts of such discharges. WQ-3 The City of Tustin and maior master plan developers of Ongoing Project Developer Community Development the former MCAS Tustin shall participate in the Regional Department (Tustin and/or Board's NSMP Working Group and contribute to funding Irvine. as applicable) and implementation of the Work Plan. To mitigate construction-related selenium and nutrient water Quality impacts that may result from construction-related groundwater discharges, developers shall implement: (a) feasible and available volume reduction BMPs in ElSIElRfor the Disposal and Reuse of MCAS Tustin 34 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Implementation Measures for Water Quality WQ-3 accordance with the General NSMP Permit (R8-2004- (cont.) 0021); (b) selenium and nutrient control BMPs that are developed under the Work Plan as of the date ofproiect approval; and (c) selenium and nutrient measures that may be developed under the Work Plan after project approval which are available and feasible to deploy. WQ-4 To mitigate post-construction surface water and long-term Prior to issuance of grading Project Developer Community Development groundwater discharge water quality impacts, prior to permits. Department (Tustin and/or issuance of grading permits. developers shall prepare a Irvine. as applicable) project WQMP. which shall be submitted to the City of Tustin or City of Irvine. as applicable, for approval. The WQMP shall be prepared in compliance with all MS4 Permit requirements (including DAMP and LIP requirements), and at a minimum shall contain the following elements: a) An lnteJ!rated Water Conservation/Storm Water Runoff and Subdrain DischarJ!e Water Duality ManaJ!ement ProJ!ram. This program shall integrate into the storm drainage and water quality control system facilities and systems to capture, recycle and conserve low flows, which may include irrigation returns and subdrain discharges. to reduce, to the extent feasible. post-development low flow surface runoff and groundwater discharge volumes. The program shall also implement one or more treatment control technologies developed under the NSMP and available at the time of project approval for nutrient and selenium removal. b) Site PlanninJ! and DesÌfm BMPs. The WQMP shall incorporate site design BMPs described in the Model WQMP attached as Exhibit 7.11 to the ElSlElRfor the Disposal and Reuse ofMCAS Tustin 35 Mitigation Monitoring and Reporting Program Measure Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Implementation Measures for Water Quality WQ-4 DAMP to the extent feasible and appropriate in (cont) light of proposed land uses. c) Source Control BMPs. The WQMP shall incomorate source control BMPs described in the Model WQMP attached as Exhibit 7.11 to the DAMP to the extent feasible and appropriate in light of proposed land use. d) Treatment Control BMPs. The WQMP shall incomorate treatment control BMPs described in the Model WQMP attached as Exhibit 7.11 to the DAMP. WO-5 As required by DAMP and the MS4 Pennit, as well as the Prior to issuance of grading Project Developer Community Development Cooperative Agreement DO2-119 between the City of pennits. Department (Tustin and/or Tustin, OCFCD, and the County of Orange. a Water Irvine. as applicable) Quality Technical Report (WQTR) shall be prepared prior to the issuance of grading pennits. The WQTR shall quantitatively and qualitatively (as appropriate) assess planned BMPs to be included in the WQMP to confinn that the treatment and hydrologic controls included in the SWPPP and WQMP will be sufficient to assure that project discharges will not cause a violation of applicable water quality standards. EISIEIRfor the Disposal and Reuse of MCAS Tustin 36 Mitigation Monitoring and Reporting Program REVISED SPECIFIC PLAN TABLE 3-3 PLANNING AREA TRIP BUDGET} NEIGHBORHOOD A Elementary/Middle School STO 550 561 Learning Center TSF 1,293.86 7,920 1 Neighborhood Commercial TSF 27.12 3,033 Tustin Facility SG 6,220 PA 1 Trip Budget Total 1,320.98 17,734 2 Sports Park ACRE 24.10 1,297 3 Transitional Housing ROOM 192 941 Neighborhood A Square Footage Total TSF 1,320.98 Neighborhood A Trip Budget Total 17,734 NEIGHBORHOOD B LDR (1-7 DO/Acre) DO 145 1,388 4 MDR (8-15 DO/Acre) DO 120 960 Senior Housing Attached DO 72 250 MDR (8-15 DO/Acre) DO 132 1,056 5 MHDR (16-25 DO/Acre) DO 438 2,903 Senior Housing Attached DO 170 590 Community Commercial TSF 103.46 7,052 7 General Office TSF 144.84 1,922 PA 7 Trip Budget Total 248.30 8,974 Neighborhood B Square Footage Total TSF 248.30 Neighborhood B Trip Budget Total 8,974 NEIGHBORHOOD C Community Commercial TSF 57.50 3,920 6 Regional Park ACRE 84.50 423 PA 6 Trip Budget Total 3,920 Neighborhood C Square Footage Total TSF 57.50 Neighborhood C Trip Budget Total 3,920 NEIGHBORHOOD D High School STO 1,850 3,312 Neighborhood Commercial TSF 65.69 7,345 General Office TSF 207 2,747 8 Office Park TSF 1,383.80 11,280 Industrial Park TSF 319.51 3,803 Park ACRE 10.30 52 Sports Park ACRE 46 2,475 PA 8 Trip Budget Total 1,976 28,487 EIS/EIRfor the Disposal and Reuse of MCAS Tustin 37 Mitigation Monitoring and Reporting Program REVISED SPECIFIC PLAN TABLE 3-3 PLANNING AREA TRIP BUDGET (Continued) MHDR (16-25 DU/Acre) DU 891 5,907 Hotel (380 TSF) ROOM 500 4,115 Neighborhood Commercial TSF 9.76 1,091 Community Commercial TSF 117.10 7,984 13 General Office TSF 1,512 20,065 Park ACRE 12.90 65 Health Club TSF 30 988 High-Turnover Restaurant TSF 12 1,526 P A 13 Trip Budget Total 2,060.86 35,769 Community Commercial TSF 11.11 757 General Office TSF 136.90 1,818 14 Office Park TSF 547 5,645 Theatre (25 TSF) SEAT 1,000 1,250 High-Turnover Restaurant TSF 6 763 PA 14 Trip Budget Total 726.01 10,233 Neighborhood D Square Footage Total TSF 4,762.87 Neighborhood D Trip Budget Total 74,489 NEIGHBORHOOD E Industrial Park TSF 44.61 714 9 Park ACRE 1.10 6 Sports Park ACRE 6.10 328 PA 9 Trip Budget Total 44.61 714 General Office TSF 156.82 2,081 Industrial Park TSF 124.41 1,569 10 Park ACRE 1.40 7 Sports Park ACRE 4.30 231 PA 10 Trip Budget Total 281.23 3,650 Neighborhood Commercial TSF 18.13 2,028 General Office TSF 371.89 4,935 II Office Park TSF 278.78 2,663 Industrial Park TSF 138.52 2,002 Park ACRE 25.70 130 PA 11 Trip Budget Total 807.32 11,628 12 Office Park TSF 134.17 1,281 PA 12 Trip Budget Total 134.17 1,281 Neighborhood E Square Footage Total TSF 1,267.33 Neighborhood E Trip Budget Total 17,273 EIS/EIRfor the Disposal and Reuse of MCAS Tustin 38 Mitigation Monitoring and Reporting Program REVISED SPECIFIC PLAN TABLE 3-3 PLANNING AREA TRIP BUDGET (Continued) NEIGHBORHOOD F 16 Shopping Center TSF 448 13,772 PA 16 Trip Budget Total 448 13,772 17 Shopping Center TSF 47 1,445 PA 17 Trip Budget Total 47 1,445 18 Military (Office) TSF 40.85 542 PA 18 Trip Budget Total 40.85 542 Shopping Center TSF 435.60 13,391 435.60 13,391 19 Multiplex Theater (70 TSF) SEAT 3,500 6,300 PA 19 Trip Budget Total TSF 505.60 19,691 Neighborhood F Square Footage Total TSF 1,041.45 Neighborhood F Trip Budget Total 35,450 NEIGHBORHOOD G LDR (1-7 DU/Acre) DU 533 5,102 MDR (8-15 DU/Acre) DU 489 3,912 MHDR (16-25 DU/Acre) DU 192 1,273 ElementarylMiddle School STU 1,200 1,224 Neighborhood Commercial TSF 26.68 2,983 15 Community Commercial TSF 130.68 8,908 General Office TSF 150.28 1,994 Park ACRE 49 249 Senior Congregate TSF 158.99 970 Sports Park ACRE 14.10 758 P A 15 Trip Budget Total 466.63 14,855 20 MHDR (16-25 DU/Acre) DU 376 2,493 21 LDR (1-7 DU/Acre) DU 189 1,809 MDR (8-15 DU/Acre) DU 465 3,720 Neighborhood G Square Footage Total TSF 466.63 Neighborhood G Trip Budget Total 14,855 NEIGHBORHOOD H LDR (1-7 DU/Acre) DU 166 1,589 22 MDR (8-15 DU/Acre) DU 243 1,944 ElementarylMiddle School STU 650 663 Neighborhood H Square Footage Total TSF 0 Neighborhood H Trip Budget Total 0 I Residential and park uses are shown for infonnational purposes only and are not part of the non-residential trip budget. EISIEIRfor the Disposal and Reuse ofMCAS Tustin 39 Mitigation Monitoring and Reporting Program REVISED TABLE 4-2 PHASING PLAN REQUIREMENTS Circulation 1) On-site arterial highways, intersections and Tustin Ranch Road/Edinger Avenue interchange; 2) Off-site arterial highway, intersection improvements; 3) Selected advanced transportation management system (ATMs) facilities. BikewaysfTrails 1) Class 1 Bikeway along Peters Canyon Channel; 2) On-site Class II Bikeway System. Domestic 1) Existing housing water distribution lines; (Potable) Water 2) New backbone water mains; 3) Abandoned/relocated wells Reclaimed 1) New backbone water lines; (Non-Potable) 2) Existing and new well sites. Water Sanitary Sewer 1) Existing housing sewer conveyance lines; 2) New backbone sewer mains. Storm Drain 1) Backbone storm drain systems; 2) Regional flood control channel improvements; 3) Retention basins; 4) Flood plain mitigation. Electricity Backbone electric distribution lines. Natural Gas Backbone gas distribution lines. Telephone Backbone telephone lines. When cumulative development and associated average daily trips reach ADT development thresholds based on the land use/trip budaet presented in the FEIS/EIR or as modified by the FEIS/EIR Addendum or any subseauent amendment. eer the jeil'lt ~IS!EIR l:Iaseei on tho lanell:lseitri~ I:Il:Is€jet il'l CRa : ter J. 1) When Peters Canyon Channel is improved BY Cel:lFlty; 2) When backbone arterial highways are constructed. 1) Upon determination by IRWD regarding acceptability of the lines. 2) When backbone arterial highways are constructed; 3) Upon determination by the City and consultation with IRWD. 1) When backbone arterials highways are constructed; 2) Upon completion of negotiations by City IRWD or developer(s) regarding exchange of well sites. 1) Upon determination by the IRWDaRd GGSQ regarding acceptability of the lines; 2) When backbone arterial highways are constructed. 1) Generally in conjunction with arterial highway construction. Armstrong/Barranca channel improvements upon determination of acceptability as part of development plans. 2) Any project generated Barranca Channel improvements in conjunction with PRase II development as needed or determined by the applicable iurisdiction and in consultation with the OCFCD; any necessary project generated Peters Canyon Channel and Santa Ana/Santa Fe channel improvements in conjunction with PRase III development as needed or determined by the applicable jurisdiction and in consultation with the OCFCD. 3) As necessary as interim or permanent design in review of development plans. 4) Filing of flood zone map with FEMA prior to any Phase II construction. When backbone arterial highways are constructed. When backbone arterial highways are constructed. When backbone arterial highways are constructed. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 40 Mitigation Monitoring and Reporting Program REVISED TABLE 4-2 PHASING PLAN REQUIREMENTS (Continued) Cable Television Parks Backbone cable television distribution lines; fiber optic cables. 1) Regional park; 2) Community park (24 acre); 3) Community park (46 acres). neiahborhood parks. private parks; and t>leigl:1~erh99a 3arks in Tl:IstiA (seFRFRI:IAity ana etl:1er 3rivate 3arks); 4) Neighborhood park in Irvine. When backbone arterial highways are constructed. 1) Site can be used upon transfer to County; improvements will occur per agreement with City of Tustin; 2) Site can be used upon transfer to City; upgrading will occur upon receipt of adequate funding including park development fees; 3) When adequate park development fees are received. subiect to development conditions. development aareements and fundina availability as applicable: 4) When adequate funding has been secured from assessment district funding; tax- increment or developer-negotiation. Note: In addition to applicable sections of this Phasing Plan, the provisions of the joint Final EIS/EIR will apply. EIS/EIRfor the Disposal and Reuse of MCAS Tustin 41 Mitigation Monitoring and Reporting Program REVISED TABLE 4-3 ON-SITE ARTERIAL CIRCULATION IMPROVEMENTS Barranca Parkway Red Hill Avenue Jamboree Road Major Arterial Edinger Avenue East of Red Hill Avenue West of Jamboree Road Major Arterial Red Hill Avenue Barranca Parkway North of Valencia Avenue Major Arterial Tustin Ranch Road Edinger Avenue Barranca Parkway Major Arterial (including interchange) Warner Avenue Red Hill Avenue North Loop Road Major Arterial Harvard Avenue Barranca Parkway Edinger Avenue Primary Arterial Warner Avenue North Loop Road Jamboree Road Primary Arterial A Streee South Loop Road Tustin Ranch Road Secondary Arterial Armstrong Avenue North Loop Road Barranca Parkway Secondary Arterial Carnegie Avenue 1 Red Hill Avenue Armstrong Avenue Secondary Arterial East Connector Edinger Avenue North Loop Road Secondary Arterial Harvard Avenue South of OCT A/SCRRA Edinger Avenue Secondary Arterial Railroad Legacy Road1 Warner Avenue North Loop Road Secondary Arterial North Loop Road Valencia Avenue Warner Avenue Secondary Arterial Park Avenue 1 South Loop Road Tustin Ranch Road Secondary Arterial South Loop Road Tustin Ranch Road Warner Avenue Secondary Arterial South Loop Road Park Avenue Armstrong Avenue Secondary Arterial West Connector Edinger Avenue North Loop Road Secondary Arterial Aston Street1 Carnegie Avenue Barranca Parkway Local Collector Street Moffett Drive North Loop Road Harvard Avenue Local Collector Street Sweet Shade Harvard Avenue Local Collector Street Landsdowne Road North Loop Road Local Street Severyns Road North Loop Road Local Street 1 New Improvement EIS/EIRfor the Disposal and Reuse of MCAS Tustin 42 Mitigation Monitoring and Reporting Program REVISED TABLE 4-4 ON-SITE ADT DEVELOPMENT THRESHOLDS Armstrong Avenue - North Loop Road to Warner Avenue2 Barranca Parkway - Tustin Ranch Road to Jamboree Road Edinger Avenue - along project frontage between Red Hill Avenue and Jamboree Road (completed) Harvard Avenue - Barranca Parkway to just south of aCTA/SCRRA railroad Landsdowne Road Marble Mountain Road (completed as "Sweet Shade'i North Loop Road - Red Hill Avenue to West Connector Severyns Road2 West Connector East Connector Barranca Parkway - Tustin Ranch Road to Red Hill Avenue Moffett Drive North Loop Road - West Connector to Moffett Drive Red Hill Avenue/Carnegie Avenue Intersection (East Leg to Linear Park) Red Hill Avenue - Barranca Parkway to just north of Valencia Avenue South Loop Road - Warner Avenue to Tustin Ranch Road2 Tustin Ranch Road - Edinger Avenue to Barranca Parkwaj Warner Avenue - Red Hill Avenue to Jamboree Road2 A Street - South Loop Road to Tustin Ranch Road2 Armstrong Avenue - Warner Avenue to Barranca Parkway Carnegie Avenue - Linear Park to Armstrong Avenue becoming South Loop Road2 Legacy Road - North Loop Road to Tustin Ranch Road2 North Loop Road - Moffett Drive to Warner Avenue Park Avenue - South Loop Road to Tustin Ranch Road2 South Loop Road - Armstrong Avenue to Tustin Ranch Road via Park Avenue2 39,500 (176,200) Legacy Road - Warner Avenue to Tustin Ranch Road2 40,200 (216,400) Aston Street - Carnegie Avenue to Barranca Parkwaj 1 Roadway shall be constructed prior to the issuance of certificates of occupancy for this phase. 27,000 (27,000) 82,800 (109,800) 26,900 (136,700) 2 Changes to original FEIS/EIR. 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I-- ;] ~ ~ ; r ~ d: . ~ ( ~ ~ ~. ~ , 1 ~ !. ~ ~ I ~. ] i ! . ~ ( ~ !. ! ~ ~ " . ! ] i ~ ~ ~ , . ., E ¿ ~ ~ ~ ~ E J ' I ¡: ": ~ ~ .1 ~ E ¿ ~ ¿ ~ " ~ . ~ f ~ ~ ' ~ ~ ~ ~ ~ , ., , . ~ t t ~ ~ , ~ ~ E £ ( ~ ~ (~ . E " ¡. : ( , ,t . . . - ~ ~ , ~ ;:t ~ t> ~ : 11, § ~ c ... Q..., ~ °';:: ... c & ~ ""1::s Ii:: <::s ~ or;: C "- °t: ~ Ii:: C °';:: ~ °';:: ~ '"'"> tr) Ii:: °';:: '" ~ ~ u ~ 'õ- (\) '" ;:$ (\) ~ ""1::s Ii:: <::s .... <::s '" 0 1} éS (\) ~ ... ~ e:: ~ ~ ~ Exhibit B Draft Council Ordinance Approving Zone Change 05-002 DRAFT DRAFT ORDINANCE NO. 1311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE) 05-002 TO AMEND VARIOUS SECTIONS OF THE MCAS TUSTIN SPECIFIC PLAN. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. C. That the City of Tustin ("City") and Tustin Legacy Community Partners (TLCP), LLC (a venture of Centex Homes, Shea Homes and Shea Properties) propose Amendments to the MCAS Tustin Specific Plan (collectively "Zone Change 05-002"), as identified in Exhibit 1 attached hereto. Zone Change 05-002 does not "substantially amend" the Specific Plan. Instead, Zone Change 05- 002 generally adjusts Planning Area boundaries and redistributes and/or eliminates planned land uses within the Specific Plan area. Zone Change 05-002 would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. B. That public workshops on Zone Change 05-02 were duly called, noticed, and held on January 9 and March 13, 2006 by the Planning Commission. That a public hearing was duly called, noticed, and held on said application on March 27, 2006, by the Planning Commission. Following the public hearing, the Planning Commission recommended approval of MCAS Tustin Specific Plan Amendment (Zone Change) 05-002. D. That a public hearing was duly called, noticed, and held on said application on April 3, 2006, by the City Council. E. Zone Change 05-002 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area. 1. 2. Achieve balanced development. Ensure that compatible and complementary development occurs. Ordinance No. 1311 Page 2 3. Revitalize older commercial, industrial, and residential development. Improve city-wide urban design. Promote economic expansion and diversification. Coordinate development with provision of adequate public facilities and services. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. 4. 5. 6. 7. These goals establish the framework for policies related to allocation of land use in the City, and the implementation policies reflect the direction and image the City seeks for the future. Zone Change 05-002 supports the General Plan goals and the policies established for the MCAS Tustin Specific Plan area, including the following: 1. Goal 1. Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services while maintaining a healthy, diversified economy adequate to provide future City services. a. Policy 1.10 - Ensure that the distribution and intensity of land uses are consistent with the Land Use Plan and classification system. 2. Goal 13. The project will implement policies under the goals and policies for future development of MCAS Tustin Specific Plan including: a. Policy 13.2 - Encourage a development pattern that offers a connectedness between buildings and uses, and has a strong sense of place through architectural styles and creative landscape design. b. Policy 13.5 - Promote high quality architecture, landscaping, signage, open space design, circulation patterns, and landscape patterns distinct from surrounding areas Section 2. The City Council hereby adopts MCAS Tustin Specific Plan Amendment (Zone Change) 05-002 ("Zone Change") to amend various sections of the MCAS Tustin Specific Plan, as identified in Exhibit 1, attached hereto. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or Ordinance No. 1311 Page 3 unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of ,2006. DOUG DA VERT Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1311 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1311 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 3rd day of April, 2006, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Exhibit 1 to Exhibit B Specific Plan Amendments (Under Separate Cover)