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04 PC REPORT INTRACORP
DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 AGENDA REPORT ITEM #4 MEETING DATE: DECEMBER 13, 2022 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: GENERAL PLAN AMENDMENT (GPA) 2022-0001, ZONE CHANGE (ZC) 2022-0001, DESIGN REVIEW (DR) 2022-0004, DENSITY BONUS CONCESSION/WAIVER REQUESTS; DEVELOPMENT AGREEMENT (DA) 2022-0002, SUBDIVISION MAP (SUB) 2022-0002/TENTATIVE TRACT MAP (TTM) NO. 19224 APPLICANT: EMILIE SIMARD INTRACORP SOCAL-1, LLC 895 DOVE STREET, SUITE 400 NEWPORT BEACH, CA 92660 PROPERTY RAO YALAMANCHILI OWNER: TUSTIN BUSINESS CENTER- PI PROPERTIES L.P. 610 N. SANTA ANITA AVENUE ARCADIA, CA 91006 LOCATION: 17802 & 17842 IRVINE BOULEVARD GENERAL PLAN: PROFESSIONAL OFFICE (PO) ZONING: RETAIL COMMERCIAL DISTRICT (Cl)WITH PARKING (P) OVERLAY No -i� . DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 2 REQUESTS: 1. GPA 2022-0001 —A request to amend the General Plan Land Use Designation of the subject property from Professional Office (PO) to High Density Residential (HDR). 2. ZC 2022-0001 — A request to change the Zoning District of the subject property from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3). 3. DR 2022-0004 for site layout and building design. 4. Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and a Waiver for a reduction in required amount of common open space. 5. DA 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households and payment of in-lieu fee. 6. SUB 2022-0002/Tentative Tract Map (TTM No. 19224) — A request to subdivide the properties for condominium purposes to construct a total of forty (40) units including thirty-eight (38) market rate and two (2) affordable units. ENVIRONMENTAL: A Mitigated Negative Declaration (MND) has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) Article 6 of California Code of Regulations, Title 14, Chapter 3. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4461 recommending that the City Council find that the MND is adequate for GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus request, DA 2022-0002 and SUB 2022-0002/TTM 19224 for the proposed project at 17802 & 17842 Irvine Blvd. 2. Adopt Resolution No. 4462 recommending that the City Council approve GPA 2022-0001 to amend the General Plan Land Use Designation of the subject property from Professional Office (PO) to High Density Residential (HDR). DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 3 3. Adopt Resolution No. 4463 recommending that the City Council adopt Ordinance No. 1531 for ZC 2022-0001 to change the Zoning District of the subject property from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3) to facilitate the development of forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. 4. Adopt Resolution No. 4464, recommending that the City Council approve: • DR 2022-0004 for site layout and building design for forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd.; • Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and a Waiver for a reduction in required amount of common open space; and • SUB 2022-0002/TTM No. 19224 to subdivide the property for condominium purposes to construct a total of forty (40) residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. 5. Adopt Resolution 4465, recommending that the City Council adopt Ordinance 1532 for DA 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households and payment of affordable housing in-lieu fee. REPORT ORGANIZATION: To assist the reader in referencing the details of the proposed project, the report is organized as follows: 1. Project Approval Authority 2. Background 3. Project Description 4. Discussion/Analysis: a. GPA; ZC; DR; SUB/TTM; and b. DA including Density Bonus Concession and Waiver requests and Affordable Housing In-Lieu Fee 5. Public Input 6. SB 330 7. Environmental Review 8. Conclusion DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 4 PROJECT APPROVAL AUTHORITY: • General Plan Amendment and Zone Change - Government Code Sections 65353 through 65355 and Section 65854 requires the Planning Commission to hold at least one (1) public hearing before a recommendation on an amendment to the General Plan and a ZC to the City Council. Tustin City Code (TCC) Section 9295 authorizes the City Council to consider GPAs and ZCs upon recommendation of the Planning Commission. • Design Review - TCC Section 9272 authorizes the Community Development Director to consider a DR application; however, since the proposal includes other entitlement applications that require the Planning Commission to make a recommendation to the City Council, the Design Review application is forwarded to the Planning Commission for concurrent consideration for building design and site layout, and the Planning Commission recommendation will be forwarded to the City Council. • Subdivision/Tentative Tract Map - A tentative tract map is required for all subdivisions creating five (5) or more condominiums pursuant to TCC Section 9323b2(a). Section 9321b of the TCC authorizes the Planning Commission to review and take action on tentative maps; however, since the proposal includes other entitlement applications that require City Council approval, TTM 19224 is forwarded to City Council for concurrent consideration. • Density Bonus Concession &Waiver- TCC Section 9141 b2 authorizes the City Council to consider density bonus, concessions/incentives, and waiver requests upon recommendation of the Planning Commission. • Development Agreement — Pursuant to TCC Section 9607, the Planning Commission shall consider the DA and forward its recommendation to the City Council within thirty(30)days of the time specified for the public hearing. Pursuant to the TCC Section 9613, after the City Council completes the public hearing and considers the recommendation of the Planning Commission, the City Council may accept, modify, or disapprove the DA. Pursuant to TCC Section 9614, the DA shall be approved by the adoption of an ordinance. BACKGROUND: Site and Location The project site is located on an interior lot on the south side of Irvine Blvd, which is located east of Prospect Avenue (Figure 1). The property consists of a 2.07 parcel and fronts onto Irvine Blvd. The site is developed with the Tustin Business Center, consisting of two (2) commercial office buildings constructed between 1971 and 1972. Over the years, the center has housed a number of tenants, both large and small sole proprietor businesses. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession &Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 5 Surrounding uses include commercial uses to the west along Irvine Blvd., and Planned Development (PD) residential communities to the east along Irvine Blvd. (Palmwood Gardens Homeowners Association) and to the south along Prospect Park (Prospect Park Homeowners Association). The site is located within the Retail Commercial District (Cl) with a Parking Overlay (P) zoning district (Figure 2) and is designated as Professional Office (PO) by the City's General Plan (Figure 3). Aw P{ >7 PC R1 "- I + Family Uninc. ly Homes 1 'ry Single County a!'F., is .• •r _ ��'` .. ,p •� fid,• � ��� a ==1= j PR 2 Story Office 21 Office 2 Story C1 Office PU 2 Story ,.`: •` ° a 1 Story Condos Office r Pp i 1 Story Condos 1 10014 114 :T Figure 1 -Vicinity Map and Surrounding Uses PROJECT DESCRIPTION: The applicant proposes to construct a new, townhome residential development project that would include forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. The project would also include an enclosed, two-car garage and private open space for each dwelling unit, a total of ten (10)guest surface parking spaces, and common open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on the subject property. A complete discussion of the project is provided under the "Discussion/Analysis" section. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 6 DISCUSSION/ANALYSIS: The following is a discussion of the applications for a GPA, ZC, TTM, DR, Density Bonus Concession/Waiver, and DA. General Plan Amendment 2022-0002 The Tustin General Plan is the basis for all local land use decisions. State law requires zoning, subdivisions and public works projects be consistent with the general plan for approval. The purpose of the General Plan Land Use Element, one of the seven (7) elements of the General Plan, is to address issues concerning the relationship between land uses and environmental quality, potential hazards, and social and economic objectives. The Land Use Element constitutes official City policy for the location of various land uses and provides guidance to ensure orderly growth and development. A project is consistent with the general plan if, considering all aspects of the proposed project, the project will further the goals, objectives and policies of the plan and not obstruct their attainment The project includes a GPA request to change the land use designation from Professional Office (PO) to High Density Residential (HDR) (Figure 2) to accommodate the proposed project. The existing PO land use designation is intended to provide opportunities for a mix of office uses; it does not provide for residential uses and therefore has no specific density or development standards. P1 P"1 4 O m Subject Property 11T fill n n rt rr CC 16 IG Irvine Blvd Irvine Blvd ElD IDR HC�LiAMIMU �arvE , a�LryHp J.- R L DR Existing General Plan— Po Proposed General Plan - HDR Figure 2 (General Plan Land Use Designation) The proposed HDR land use designation allows a wide range of residential development types including single family units, multiple family dwellings such as, apartments, DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81 E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 7 condominiums, townhomes, cooperatives, and community apartments. The project proposes a density of 19.3 dwelling units/acre and is consistent with residential density land use ranged within the Tustin General Plan which allows for a maximum of twenty- five (25) dwelling units per acre. The current land use designations for areas surrounding the project site include Public/Institutional (P/1) to the north, and High Density Residential (HDR - up to 25 du/acre) to the east and south, and Professional Office (PO) and Low Density Residential (LDR - up to 7 du/acre) to the west. As proposed the project complements the high-density residential developments to the east and south and implements the City's General Plan Goals and Policies of the City as outlined in Resolution No. 4462 (Attachment H). Zone Change 2022-0001 The site is located within Retail Commercial (Cl) with a Parking Overlay (P) zoning district. The property is currently being used as a commercial office center — Tustin Business Center. Under the existing zoning, the property could not have any residential dwelling units on the site. The project includes a zone change request to change the zoning from C1-P to Multi-Family Residential (R3) zoning district (Figure 3). _J Subject Property f y Irvine Blvd Irvine Blvd V C 1{GMIn, D LN ❑ ?D LI'll 1 1 PO I PI Existing Zoning—C1, P Proposed Zoning—R3 Figure 3 (General Plan Land Use Designation) The proposed site plan layout is consistent with the required development standards set forth in the R3 zone as demonstrated by Table 1. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 8 Table 1 Comparison Chart of R-3 Development Standards&Proposed Project TCC Code Project's Requirement for R3 Proposed Description Deviations from Development Project TCC Requirements (TCC 9220,9271 u,9263) Min. Lot Size 7,000 SF. Approx. 90,212 square feet None (2.07 acres) Min. Lot Width 70 feet Approx.467 feet None Max. Lot Coverage 65% 37% None Building Height Up to 35 feet Varies between 34'-7"to None 34'-11" Front Yard Setback Varies from six(6)feet to Deviation allowed Per (Irvine Blvd.) Ten(10)feet eight(8)feet(on ground Density Bonus State Law level) (Concession Request) Side Yard Setback 5 feet min. Varies between 6 to 21 feet None (Interior) Rear Yard Setback 10 feet min. 10 feet min. None Private Open 100 SF per unit Varies between 165 SF to None Space 430 SF per unit Common Open 300 SF/unit Deviation allowed Per Space 300 x 40= 12,000 SF 10,531 SF proposed Density Bonus State Law required (Waiver Request) 90 spaces total— 90 total spaces provided; 2 covered spaces for two-car garage for each Parking each dwelling unit, plus dwelling unit, plus ten (10) None 1 unassigned guest guest surface parking space for every 4 units spaces As summarized in the table above, there are a couple of requested deviations, including a deviation from the required front yard setback and open space requirements, which is allowable per State Density Bonus law. Additional discussion is provided in section entitled "Development Agreement". DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 9 Design Review 2021-0002 The following provides a brief overview of the project's site plan layout and building design: Table 2 Site Plan and Building Layout Overview him Site Size Approximately 2.07 acres Density Approximately 19.3 dwelling units per acre Total of twenty-two (22) Buildings; Units: Buildings/Units eighteen (18) attached and four (4) detached units Stories Three-stories; between 34 feet and 7 inches to 34 feet and 11 inches high Architectural Style Contemporary Product Type For-Sale townhomes; condominium subdivision • Plan 1A/B (22 units): 3 bedrooms/3.5 baths Floor Plans/Bedrooms (approx. 1,965 SF) • Plan 2A/B (18 units): 4 bedrooms/3.5 baths (approx. 2,001 SF) Parking Per Unit Fully enclosed, attached two-car garage for each unit Guest Parking Total of ten (10) uncovered guest parking spaces on-site • Private ground floor patios(all units) • Roof decks(30 units) • Common open space including centralized Amenities community gathering and BBQ area • West-east landscaped walkway("paseo") • North-south pedestrian path of travel on the west side of the property, and other landscaped areas Ingress/Egress Centralized driveway provides a single point of entry and exit Two key pedestrian access points; pedestrian Pedestrian access path adjacent to the centralized driveway and to the west of the project site, parallel to the westerly property line. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 10 77 7r _k li -- ifP 7 � — I .� L J I f L 1 - - Privnfx Op.eri SPrbe table. i 7.101 Open a ; ® 1 N T R A C O R P Conceptual Open and Private Space Plan LAND 17802 Irvine Blvd. CONCERN TUSTIN,CA Figure 4—Site Plan and Building Layout Design, Massing and Articulation The project is designed to be a vibrant, high-quality residential development. The architectural style is contemporary and features clean lines, ample glazing and fenestration, windows with trim surrounds and siding, metal louvered awnings, and subtle color schemes. The building elevations include vertical and horizontal architectural features and color schemes that break up the overall massing and provide visual interest. While all of the buildings would have similarities in design, the attached and detached units are designed to exhibit unique facade characteristics as shown in the elevations in Figure 5. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 11 0 JAL s or j I FF MA f ... T N"1 f: 1 h . c.�.�-:a,�.,i .«pa F11w LAND 17802 Irvine Blvd. �► CONCERN 6 Figure 5 -Building Elevations Facing Irvine Blvd. The lot width of approximately 467 feet is bifurcated with a 27-foot wide, two-way driveway, that provides the singular entry and exit point to the site (Figure 4). The driveway entry is flanked by 12-foot wide landscaped planting areas and the easterly side of the driveway provides an enhanced pedestrian path of travel into the site, featuring a four-foot wide pathway. The contemporary design features incorporate "stepped-back" design features along Irvine Blvd. that provide massing relief for the three-story buildings. Building heights are proposed to comply with maximum allowable height of 35-feet for the R3 zone as summarized in Table 3. Roof top mechanical equipment would be fully enclosed within a parapet, and other electrical equipment would be screened from public view as required by Conditional of Approval No. 7.4. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 12 Table 3 Building Heights Buildings (Units) Proposed Height Maximum Proposed Height Allowable Height Deviation Fronting Irvine Blvd 34 feet and 10 inches 35 feet None and interior Buildings flanking the east and west 34 feet and 7 inches 35 feet None boundaries Northwest corner of the 34 feet and 11 inches 35 feet None project site (Unit 35) Access, Circulation and Parking Access and Circulation: The project would include one (1) twenty-seven (27) foot-wide driveway on Irvine Boulevard. The driveway would connect to a twenty-four (24) foot-wide drive isle that loops around the interior of the project site. On-site drive aisles would provide direct access to garages and on-site guest parking. Pedestrian sidewalks and pathways would be installed to circulate the site and connect to the proposed Pocket Park located within the center of the site. Parking: TCC 9263 requires a minimum of two (2) covered spaces for each dwelling unit, plus one (1) unassigned guest space for every four (4) units for multi-family residential projects. As proposed, the project meet the requirements as summarized in Table 4. The project would include two (2) enclosed garage parking stalls per unit (80 total) and ten (10) uncovered parking spaces. Table 4 Parking Summary Required Parking Provided Proposed Deviation 90 total =80 covered plus 10 guest spaces 90 total =80 Required Parking ------ enclosed garage TCC Section 9263 2 covered spaces for each spaces and 10 None dwelling unit, plus 1 surface guest unassigned guest space for spaces every 4 units Staff has recommended a condition of approval that the project Conditions, Covenants, and Restrictions (CC&Rs) require that garages be kept free from storage or other impediments that would prevent two (2) cars parking in the garage and that this requirement be enforced by the Homeowner's Association (HOA) to maintain the open parking spaces for guests (Condition of Approval 5.5). DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession &Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 13 Landscaping, Open Space and Lighting Landscaping: The proposed landscape plan features water efficient design and includes several different plant species across the project site. Groundcovers, shrubs, succulents, trees and vines will provide screening and aesthetic treatment along all property lines and screening for the adjacent multi-family residential neighborhoods to the east and south. In addition, all planting and irrigation shall comply with applicable water conservation limits. 1 i Muss w '- RR , Figure 6—Concept Landscape Plan and Plant Palette Private and Common Open Space: Each unit is designed with a private entrance and a minimum of 100 square feet of private open space. Thirty (30) units are designed with a unique roof deck amenity to serve as the private open space. Staff has reviewed the viewshed exhibits for proposed roof decks and has confirmed that the roofline design will provide privacy for adjacent properties. The project has a combined private open space area of 17,081 square feet, with an average of 427 square feet of private open space per unit which exceeds the minimum open space requirement required in an R3 zone. A total of six (6) common open spaces areas are designed within the project site to promote passive or active lifestyles, highlighted by the pocket park area. The total common open space provided is 10,531 square feet, with an average of 263 square feet provided per unit. The common open space areas include a 2,410 square-foot pocket park with BBQs, seating areas, and a fireplace, a 5,600 square-foot walkway/paseo located in the center of the site with landscaping to provide screening for privacy for the adjacent units, and two passive spaces (1,969 square feet total) located on the east and DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession &Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 14 west boundaries of the site, furnished with workout equipment and benches, and two (2) additional areas (582 square feet) (Figure 7). r i i Paseo --= -- = - --- --= ='= =- Pocket Park - — 5,600 SF 2,410 SF 1,069 SF ff i -, 870 SF - - , i t- - f rll,l OF%/�%%/// �T////j//✓ I,Y t r j r//i j/% Op-sp �T bla Priv Open Space Table Tokal Opo SquoaT blu u N I'h'A C ()H P C.—Pt-I Open and Private.Space Plan Figure 7—Concept Common and Private Open Space Areas Lighting: Proposed outdoor lighting would be typical of residential uses and would consist of wall-mounted lighting, pole-mounted lights along the driveway, path lights/bollards, and landscape lighting. All of the project's outdoor lighting would be shielded to minimize off- site spill and would be in compliance with TCC Section 9271 hh. Wall and Fences: The project includes construction of a new six (6) foot-high concrete masonry unit (CMU) block wall along the east, south, and west perimeter of the project site. The applicant proposes to remove the existing double wall along the southern property line between the existing residential development and the project site, and replace with a new 6-foot-high CMU wall. The new walls would be screened with landscaping including vines (Figures 8 and 9). The northeast corner of the site would also include a new wrought iron fence on top of three (3) foot-high block wall to match existing wall on the eastern property line at the project frontage. The southeast corner of the site would also include a wrought iron fence for maintenance access to proposed catch basin. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession &Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 15 The project includes forty-two (42) inch stucco private courtyard walls and six (6) foot- high stucco side yard walls for proposed private open space areas for some units. The project also includes decorative wood-like fences, and metal fencing to provide additional screening for interior areas of the site. I: I i97 ........ ....... ... I i1 p.i @ 2 .....c .......... . ..... ..., y t e p !V/7 Fenee&Wall Legend Fence&Wal@ Legend sn v sy-e' w o , cti Sections S.•LLio ...........ung.:'"'" """ SECTION A=64'-1" SECTION B=63'-2" SECTION C=39'=0" onceptual Fenw and Wall Plan Figure 8—Wall and Fences Diagram rl 1 lj v y {E 4A r. n r 4 Figure 9—Wall Renderings DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 16 Park Land (Quimby Act) To implement the Conservation/Open Space/Recreation Element of the General Plan, TCC Section 9331d requires a subdivider (the developer) to dedicate land or pay in-lieu fee for the purpose of developing new or rehabilitating existing parks to serve the subdivision. TCC Section 9331 d2 requires three (3) acres of useable parkland per 1,000 project residents be devoted to local park and recreational purposes. Pursuant to TCC Section 9331d2, 0.0067 acres of parkland per dwelling unit are required to be dedicated for park purposes in a high-density development with 15.1-25 dwelling units per acre. The applicant proposes to develop the site with approximately 19.3 dwelling units per acre. Therefore, based on the proposed project of forty (40) residential units, the developer would be required to dedicate 0.268 acres or approximately 11,674 square feet of park land. Table 5 Required Park Land Dedication TCC Requirement 9331 d2 Park Land Per Proposed Units Total Required Unit Park Land Dedication Formula for Dedication .0067 acres 40 units 11,674 Square Feet In-Lieu Fees Fee Based on Value of Land Based on Fair Market Value as Determined by TCC TCC Section 9331d5 allows for the allocation of a "credit" for recreational areas provided on-site that are in excess of TCC requirements. In addition, TCC Section 9331d3 provides that when there is no public park or recreational facility within the proposed subdivision or the subdivision is less than fifty (50) parcels, the subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required for park purposes. The applicant is not proposing to provide common open space in excess of what is required by TCC and the project includes a subdivision of less than fifty (50) parcels. Therefore, the applicant shall be required to pay a park in-lieu fee for the entire parkland dedication of 11,674 square feet. The fee would be based on the fair market value of the land. The fair market value shall be determined by a Master Appraisal Institute (MAI) Designated member of the Appraisal Institute acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative map for which the fees are required. Pursuant to Condition of Approval No. 3.3, the developer shall pay a per unit park in-lieu fee, as each certificate of occupancy is issued by the City. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 17 SUB 2022-0002/Tentative Tract Map 19224 TTM 19224 proposes to merge two (2) adjacent parcels into one (1) combined parcel for condominium purposes. This would allow for individual ownership of the forty (40) condominiums. Common areas would be established for vehicular and pedestrian circulation, guest parking and for open space purposes, with a HOA having responsibility for all common facilities. Also included in the map are proposed easements for public utilities, ingress/egress for emergency and public service vehicles. CC&Rs would be required for the project per Conditional of Approval No. 5.1. These mechanisms are necessary to provide for the maintenance of the common areas of the project site. The local agency (City of Tustin) is required to transmit one (1) copy of the proposed TTM to other local agencies having jurisdiction. As such, a copy of proposed TTM 19224 was routed to outside agencies having jurisdiction over a title interest in the subject property for review and/or recommendations between November 10 and November 28, 2022, as required by Sections 66453 — 66455.7 of the California Government Code (Article 3 of the Subdivision Map Act). The City received one (1) letter from Southern California Edison Company (SCE) dated December 2, 2022 stating the subdivision of land will not unreasonably interfere with any easements and/or facilities held by SCE. Additionally, the letter stated that the owner/developer shall bear cost of and provide SCE with suitable replacement rights for relocation of facilities that exist by right of easement or otherwise. The letter did not result in a modification to the site plan or the conditions of approval. No additional comments on the TTM were received from outside agencies. However, pursuant to Condition of Approval No. 16.8, "will serve" letters from the project site's respective utility providers will be required to be provided by the applicant stating that services can be provided to the site. The TTM would be consistent with the proposed amendment to the General Plan land use designation to a high density residential, the Tustin Subdivision Code, the Subdivision Map Act and other applicable provisions of the TCC. Further, the site is physically suitable for the type of development and proposed density in that the development of the residential development at approximately 19.3 dwelling units per acre on an approximate 2.07-acre site, is within the allowable density consistent within the proposed high-density General Plan land use designation and the R3 zoning district development standards. Pursuant to TCC Section 9321b, the TTM shall be considered by the Planning Commission; however, since the proposal includes other entitlement applications that require the Planning Commission to make a recommendation to the City Council, the Planning Commission will make a recommendation on the SUB/TTM to the City Council. The required findings for approval are supported in Resolution No. 4464. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 18 Development Agreement 2022-0002 To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted the Development Agreement Statute of the Government Code. Pursuant to the statute, a City may enter into an agreement with any person having a legal or equitable interest in real property for the development of such property and establish certain development rights therein. TCC Chapter 9600 sets forth the process for which development agreements are to be considered. Th general purpose of DA 2022-0002 is to assure the developer, in return for developer's commitment to project, the City will in turn remain committed to the development of the site and implementation of proposed project. These assurances require the cooperation and participation of the City and developer and could not be secured without mutual cooperation and commitment to the comprehensive planning that has resulted in the DA. The DA (Attachment K) includes, but is not limited to, the following terms of the agreement: • The term of the DA will commence on the effective date and continue for a term of six (6) years thereafter, unless the term is terminated, modified or extended by circumstances set forth in the DA. • The permitted uses on the property, the density and intensity of the use and development standards as described in the application referred to as DR 2022-0004. • A vested right to carry out and develop the project site in accordance with DA and DR, should the GPA and ZC be approved. Public benefits including two (2) very low-income units and payment of affordable housing in-lieu fee Affordable Housing In-Lieu Fee: In compliance with State Housing Law, Goal 1 of the Tustin General Plan Housing Element is to provide an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents. The DA contains a provision that the developer pay the City in-lieu fees which would allow the City to invest in affordable housing at another location within the City. The fee, as outlined in the DA, would result in the payment of a one-time fee pursuant to TCC 139923b1, which shall be paid upon the issuance of the building permits (Attachment K). TCC Section 9601 requires that a fiscal impact statement be submitted along with an application for a DA in order for the City to determine whether or not the project will fiscally impact the City. The attached Economic Impact Analysis (EIA),Attachment E, analyzes the fiscal impact the proposed project will likely yield in terms of tax revenues, fees, jobs, and wages generated from the development. The EIA indicates that the proposed project will generate approximately$1,391,090 in revenue over the first twenty (20)year period. In the first five (5) years, approximately $694,520 will result directly from fiscal revenue to Tustin DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 19 due to permit and fee revenues, property taxes, and resident's spending. In the following fifteen (15)year period, a total of$696,570 are projected to be generated based on property tax revenue and project resident's spending. The EIA also estimates that the construction phase of the project will create and/or support approximately 60 jobs, while the ongoing operation of the finished project will generate and/or support six (6) additional jobs, for a total of 66 jobs. Additionally, the commercial buildings located on the project site comprise approximately 45,000 square feet, of which approximately 41,000 square fe0et are currently vacant and with 105,990 square feet of vacant office space in the immediate area excluding the project site, the EIA concludes that there is sufficient vacant office space within other buildings surrounding the site to reasonably absorb any tenants that are currently occupying space In commercial center. In sum, the EIA concludes that the proposed project will result in a positive outcome for the City. Density Bonus The Density Bonus Law is State mandated and a developer who meets the requirements of the State law is entitled to receive a density bonus and other benefits, such as concessions, as a matter of right. The intent of the Density Bonus Law is to facilitate the development of affordable housing and to implement the goals, objectives and policies of the City's Housing Element. Furthermore, consistent with State Law, the TCC Section 9111, et seq., provides incentives for additional housing units, beyond those permitted by the City's adopted General Plan Land Use Element, when associated with the production of affordable housing units. The applicant is not proposing to exceed the allowable density for projects associated with a high density residential General Plan land use designation. However, the applicant in this case agrees to set aside two (2) units for the very low-income households and is therefore eligible and allowed one (1) Density Bonus State Law Concession and unlimited Waivers. The applicant is proposing a site plan layout that relies on relief on the required R3 zone front setback and common open space requirements as described below. Concession: The applicant is requesting a Density Bonus Concession to allow a reduced building setback as measured from the property line adjacent to Irvine Blvd. The R3 development standards require a fifteen (15) foot building setback and the applicant requests a concession to allow a minimum building setback of six (6) feet. Certain areas of the building fronting Irvine Blvd. would have a maximum building setback of nine (9)feet- nine (9) inches. Waiver. Pursuant to TCC 9226d2, 300 square feet of common open space is required per unit or 12,000 square feet of total common open space for the subject project. The applicant is requesting a Density Bonus Waiver of the R3 common open space DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 20 requirement to allow a total of 10,531 square feet of common open space, or 1,469 square feet less than what is required by TCC. Per TCC 9123 the City must grant the concession(s) or incentive(s) requested by the applicant unless the City finds that the concession does not result in identifiable and actual cost reductions, the concession(s) or incentive(s)would have a specific adverse impact on public health or safety or the physical environment... or the concession would be contrary to State or Federal law." PUBLIC INPUT Public Notice: The public hearing notice for the December 13, 2022 hearing was published in the Tustin News on December 1, 2022, and the Community Development Department mailed a notice of public hearing to each of the 194 owners of property within 300 feet of the project site, inclusive of the project itself. Public notices were physically posted on the project site no less than ten (10)days in advance of the scheduled hearing date (December 13, 2022). Community Outreach: In addition to the noticing provided by the City, the applicant has conducted public outreach with key stakeholders, including organizations such as the Tustin Chamber of Commerce, neighborhood groups including the Prospect Park Homeowner's Association, and property owners and residents within 300 feet of the project site. The applicant hosted two (2)community meetings with adjacent residents on August 17, 2022 and October 10, 2022. The applicant shared conceptual plans and renderings and indicated that the main topics of discussion included density, height, traffic, parking, privacy, shared boundaries and walls, architecture and massing. Public Comments: No written public comments have been received as of the completion of this staff report. Any other comments received after the completion of the staff report will be provided to the Planning Commission via email. SB 330 (Housing Crisis Act of 2019) On October 9, 2019, Gov. Gavin Newsom signed the Housing Crisis Act of 2019 into law, commonly known as Senate Bill 330 (Chapter 654, Statutes of 2019) to respond to the California housing crisis. Effective January 1, 2020, SB 330 aims to increase residential unit development, protect existing housing inventory, and expedite permit processing. SB 330 establishes a requirement for the City to implement a preliminary application process. The intent of this process is to make the development review process faster and provide certainty to an applicant by locking in the development requirements, standards, and fees at the time a complete application is submitted. By doing so, the City is prohibited from applying new ordinances, policies and standards to a development with a complete preliminary application. SB 330 also limits local agency in reviewing a housing DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 21 development project to no more than five (5) hearings after the application is deemed complete, granted compliance with objective standards from the general plan and zoning code are being fulfilled. The definition of"Hearing" covers a broad range of meetings of a board, commission, council, department, or subcommittee, including workshops, continued meetings, and most appeals. The project site's current General Plan land use designation and zoning district limits any future development to commercial uses leaving no opportunity for residential development on the site. The proposed GPA and ZC would change the General Plan land use designation and zoning district to residential designations which opens up the opportunity for the proposed forty(40) unit,for-sale, residential development.Additionally, the development standards, conditions, legislative actions, and policies would facilitate and accommodate development at the allowable density. Furthermore, the proposed legislative actions, General Plan land use designation and zoning district changes, do no reduce densities and therefore the project, if approved, would be consistent with SB 330. On November 10, 2022, the City deemed the application submittal complete and the City did not apply any new standards and fee requirements. The Planning Commission hearing is the first hearing for the project. ENVIRONMENTAL REVIEW The City reviewed the environmental impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA). A Notice of Intent to Adopt a Mitigated Negative Declaration (MND) was prepared and made available for a twenty (20) day public review period from September 15, 2022 to October 5, 2022. This review period was extended and concluded on November 10, 2022. The following public comments were submitted to the City of Tustin during the public review period: 1. Anita Storck, September 21, 2022 2. Orange County Transit Authority, October 5, 2022 3. Robert Duffy, October 5, 2022 4. Tiffany Lin, City of Irvine, October 7, 2022 5. Orange County Sanitation District, October 10, 2022 6. Prospect Park Homeowners Association, October 10, 2022 7. Commenter#1, October 12, 2022 The public comments and responses to comments are included in the public record (Attachment G) and are available to decision-makers for their review and consideration prior to making their decision whether to approve the proposed project. Although State CEQA Guidelines Section 15088 does not require a City to prepare written responses to comments received, the City has elected to prepare the written responses with the intent of providing a comprehensive and meaningful evaluation of the proposed project. DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 22 Pursuant to State CEQA Guidelines: • None of the comments provide substantial evidence that the Project will have significant environmental effects which would require preparation of an Environmental Impact Report; • None of the information in the letters or responses constitute the type of significant new information that requires recirculation of the MND for further public review; • None of this new material indicates that the project will result in a significant new environmental impact not previously disclosed in the 17802 Irvine Boulevard Residential Project MND; and • None of the information indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in State CEQA Guidelines Section 15073.5. The Draft Mitigated Negative Declaration found potentially significant impacts of (1) Biological Resources (2) Cultural Resources (3) Geology and (4) Tribal Cultural Resources. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. An MND was prepared and with the inclusion of the proposed mitigation measures and existing Plans, Policies, Programs, as described in the Mitigation Monitoring and Reporting Program (MMRP), Attachment G, adverse impacts are mitigated to the maximum extent feasible and below a level of significance. Tribal Consultation Pursuant to Government Code Sections 65352.3 and 65352.4, (SB18)the City is required to conduct consultations with California Native American Tribes when it proposes to amend the General Plan. Assembly Bill (AB) 52 (California Public Resources Code Section 21080.3.1) requires that Lead Agencies evaluate a project's potential to impact "tribal cultural resources" during the CEQA process. AB52 also requires tribal consultation, but tribes only have thirty (30) days to respond to lead agency's Invitation to Consult. The City obtained a list of local tribes from the Native American Heritage Commission and provided notification of the required ninety (90) day consultation period which commenced on May 17, 2022. Staff received one (1) response on May 23, 2022, from the Gabrieleno Band of Mission Indians - Kizh Nation. No other requests for consultation regarding the proposed project were received by the City. Consultation with the Gabrieleno Band of Mission Indians - Kizh Nation was conducted in August of 2022. As a result of the consultation, Mitigation Measures TCR 1 through TCR 3 have been included in the MND, which requires the monitoring of ground disturbing activities to be monitored by a Native American monitor and that the applicant follow procedures for management of unanticipated discovery of Native American human remains and DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 23 associated funerary objects/grave goods associated with the burial, and procedures for Native American burials and funerary remains, if discovered. CONCLUSION As proposed, the project complies with the objectives, land use regulations and development standards of the requested zone change and GPA. Findings to support the General Plan Amendment, Zone Change, Design Review, Development Agreement, Subdivision, Density Bonus Concession/Waiver requests have been included in the Planning Commission Resolution Nos. 4462 through 4465. Findings of support of the Mitigated Negative Declaration for the environmental analysis have been included in Planning Commission Resolution No. 4461. DatiuStgned by: DMUSigned by .180 EAfl aF 8 [?'-.f: F•t BA67E 19675d.0 Leila Carver Raymond Barragan Senior Planner Consultant Principal Planner Dacu Signed by: DaauStgned by: 2E5AE5&3F82047F EU4SCr.+"c=U7.`.=•.',u.` Irma Huitron Justina L. Willkom Assistant Community Development Community Development Director Director— Planning Attachments: A. Radius and Project Location Map B. Land Use Application Fact Sheet C. Colored Renderings D. Submitted Plans dated December 13, 2022 E. Economic Impact Study dated November 2, 2022 F. Focused Traffic Impact Analysis dated November 8, 2022 G. Resolution No. 4461 — CEQA • Exhibit A: Draft MND/Appendices • Exhibit B: MMRP • Exhibit C: Response to comments/Final MND H. Resolution 4462 — General Plan Amendment (GPA) 2022-0001 • Exhibit A: Existing and Proposed Land Use Designation I. Resolution 4463 — Zone Change (ZC) 2022-0001 0 Exhibit A: Draft Ordinance No. 1531 DocuSign Envelope ID:29558ADB-9E55-47E4-A4D1-81E77CC98418 Intracorp SoCal-1, LLC GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus Concession&Waiver, DA 2022-0002, SUB 2022-0002 December 13, 2022 Page 24 J. Resolution No. 4464 — Planning Commission (DR 2022-0004, Density Bonus Concession & Waiver Requests, SUB 2022-0002/ TTM No. 19224) • Exhibit A: Conditions of Approval • Exhibit B: Tentative Tract Map K. Resolution No. 4465 — Planning Commission (DA 2022-0002) • Exhibit A: Draft Ordinance No. 1532 • Exhibit B: Development Agreement DA 2022-0002 L. Public Comments— None as of the publish date of this report. ATTACHMENT A RADIUS AND PROJECT LOCATION MAP RADIUS MAP AND LOCATION MAP m BI } CDLl1MB�l1STU 5TIN MIDDLE SCHOOL µ l . COLUMBUS �rWyy TU STIN PARK - rL • „ PALMW006 �— GARGENSHOA PROSPECT • IIt PARK HOA * ■ •• W a 300 0 Feet .. ®,� �..�� CITY HALL . Source:ESRI,City of Tustin . I- - ATTACHMENT 6 LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): GENERAL PLAN AMENDMENT (GPA) 2022-0001, ZONE CHANGE (ZC) 2022-0001, DESIGN REVIEW(DR) 2022-0004, DENSITY BONUS CONCESSSION AND WAIVER REQUEST, DEVELOPMENT AGREEMENT (DA) 2022-0002 AND SUBDIVISION (SUB) 2022-0002/TENTATIVE TRACT MAP (TTM) NO. 19224. 2. LOCATION: 17802 & 17842 IRVINE BOULEVARD 3. APN: 401-141-13 &401-141-57 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: ZC 64-135 City Council approved Ordinance 253 on April 4, 1964, a zone change to Retail Commercial (C-1)with Parking overlay (P). 5. SURROUNDING LAND USES: NORTH: PUBLIC/INSTITUTIONAL (PI) EAST: RESIDENTIAL SOUTH: RESIDENTIAL WEST: OFFICE & RESIDENTIAL 6. SURROUNDING ZONING DESIGNATION: NORTH: PUBLIC/INSTITUTIONAL (PI) SOUTH: PLANNED DEVELOPMENT (PD) EAST: PLANNED DEVELOPMENT (PD) WEST: RETAIL COMMERCIAL (C-1) WITH A PARKING OVERLAY, PROFESSIONAL (PR); SINGLE FAMILY RESIDENTIAL (R-1) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PUBLIC/INSTITUTIONAL (PI) SOUTH: HIGH DENSITY RESIDENTIAL (HDR) EAST: HIGH DENSITY RESIDENTIAL (HDR) WEST: PROFESSIONAL OFFICE (PO) & LOW DENSITY RESIDENTIAL (LDR) 9. SITE LAND USE EXISTING PROPOSED A. LAND USE: COMMERCIAL RESIDENTIAL B. GENERAL PLAN: PROFESSIONAL OFFICE (PO) HIGH DENSITY RESIDENTIAL (HDR) C. ZONING: RETAIL COMMERCIAL (Cl) WITH MULTI-FAMILY RESIDENTIAL A PARKING OVERLAY(P) DEVELOPMENT FACTS: 10. LOT AREA: 90,169 SF (2.07 ACRES) 11. TENANT SPACE: 44,948 SF (TWO BUILDINGS) EXISTING PROPOSED 12. PARKING: RETAIL COMMERCIAL 90 RESIDENTIAL PARKING SPACES 13. DEVELOPMENT STANDARDS/SETBACKS: THE PROJECT WOULD INCLUDE A ZONE CHANGE TO MULTIPLE-FAMILY RESIDENTIAL (R-3). THE R-3 ZONE ALLOWS A MAXIMUM BUILDING HEIGHT OF 35',A MAXIMUM LOT COVERAGE OF 65 PERCENT,AND REQUIRES A 10-FOOT FRONT SETBACK, 5-FOOT INTERIOR SIDE YARD SETBACK, 10-FOOT CORNER YARD SIDE SETBACK,AND 10-FOOT REAR YARD SETBACK. THE PROJECT INCLUDES A DENSITY BONUS REQUEST WITH FIVE (5) PERCENT OF UNITS IDENTIFIED AS VERY-LOW INCOME HOUSING WITH A REQUEST FOR ONE (1) CONCESSION RELATING TO THE REDUCTION OF THE REQUIRED FRONT YARD SETBACK ALONG IRVINE BOULEVARD AND A WAIVER TO ALLOW A REDUCTION IN REQUIRED COMMON OPEN SPACE. ATTACHMENT C COLORED RENDERINGS I i ■ Iii i i ff i .Ile AL I N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. s G O N G E R N TUSTIN,CA ��11.22 I L-6 ani Y �x t r , .a r( V I N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. i CONCERN TUSTIN,CA No—,-, 5.z1I L-7 iiitttu 7 V I N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. i CONCERN �� __ Irl TUSTIN,CA mne, 5.z1I L-8 �!} r NIP Owl, n �r r Al }� ¢ atrVr, �' lx xs ` U� T mc'f ; �� �'� � •� �� ', ���),/�7,'��1:' ids ' " 'VT ! 0 ' a rrrrrrrrr:rrrrrrrrrrrl - - •�i�ibb�ib�ib�i,v�rb'►i�r�i�ib�i�i�i�, "MEMORIES'%r� _ 2 A MIC42NWAYMMUMMUMMILVA Air ON NUSIRVA H 2 t i i as•i cr tt ��� 9 �A s s C ' E f, MEMENW i IN • i ll A :I - • , IL ' h, m.. v ti r , pl 1 NA7 ATTACHMENT D SUBMITTED PLANS DATED DECEMBER 13, 2022 _ F — 3 ,tri' —■. mn. ..- It „°Am '� ®.rr -.. ....r ■ youww rear. ■- wrrr. � .s's — � row 3 ®+� { , b1 ) 2 °�.p'��an rl 6 5 � m • r YI i�� .i� rrarrr• • 1 • o■� _: - - p■11. E F-�r•rr.r•rM••urr:+. ` ai. 'r..i �p..rl•��'r•1...^�� _ - ■ r, ,gyp ®rrr� n r I• f ,. �� .CJI . ,•, ,.q[11, , K r . f t • � w ........................ .................. • 1 T, r J1 i' I• a A •.• m d m Q Y : '• V Y • q t^ -- .Y • ... . X .j .Y 1 L mn f t I n w Fence&Wall Legend 63'-2" 3q_p. °EcouT VE woo........... METU FENCING ® ® B O B '_� W � � ����xxW vuR STEEL FEN¢ REIANW oN RLo[K w/LLl.RORnoNS B Bo B I ® �® 0 n nw000L�R.RmAE.AnocAE E,R°xwN.L6°EYAR°wE Access Legend Section B y ection C •••••••' V I N T R A C O R P Conceptual Fence and Wall Plan LAND 17802 Irvine Blvd. CONCERN TUSTIN,CA N—,—IL-2 I ' — j I , I t -. ------------------ ' 1 Landscape Key - i P4A ItIl O o E.ER Ic-Interior Project East Edge s •° I: .e�ea.,eee�sre�e, V I N T R A C O R P Perimeter Screening and Plant Material LAND 17802 Irvine Blvd. CONCERN TUSTIN,CA L-3 0 --- - � `-tea w MINIM 1 OQ ■� 1 i nom. �� FM Y Y . u e ■jai p -��- � - � N N � �• � 'N pg■1 u ■ I �� �f ��.yx.� I�I. p � d■ u • N p l R I■ Typical Private Courtyard __. Typical Private Roof Deck Q Typical Private Sideyard- 050101 1 . 1 1 • A :I - • — — — — — — — — — — �,o AA AA, AA — — 1�- —-—-—-— --- —'�----- a � o� 0 a DD DD VV D0 VV V V VV V � a � I e ■ e • e o • G IL -- --------------------------------- _ --- _- __ _ I rO�r7/� j I \ � r o 4- � 6'6 V I N T R A C O R P Trash Management Plan LAND 17802 Irvine Blvd. ,� a CONCERN TUSTIN,CA L-5 1 Site Summary: Parking Required: Parking Provided: PHASING PLAN FOR Total HP_Homes :40 CONSTRUCTION & STAGING P-IA :I I Multi-family Housing 2 Garage Spaces/Unit =80 Spaces(2:1) P-I B :I I 2 Covered Spaces/Unit 2x40 =80 Head-in Spaces =10 Spaces P-2A 9 1Guest Space for every 4_units:0.25x40=10 90(2.27:1) PURPOSES ONLY. P-2B 9 Total Parking Required 90 1. Models (M) Site Area :±2.07 Acres Density :±19.3 Homes/Acre 2. Four production phases (1-4) 3. Buildout lots (BO). r v i n e B o u l e v a r d 631- •� r SV lz- —ll —� 11-4 M BO r—L a 179 11n\ I1f�11 I i t a m w I: -- �I 1 .. F33 10 s- wW--. -., 4 2 .9 � ® ry :G L AA30 o L 2' 3 3' oi e 1, o 'pis- 21 BassenianILagoni CONCEPTUAL PHASING PLAN FOR F10AF"`"""'"`""`:°"° 1 7 8 0 2 IRVINE B oCONSTRUCTION & cwmwmz e.�..i uxn' ^ 8.1 6.22 I N T R A C O R P 0 o l °`°r"a STAGING PURPOSES 738.21261 x 20� ONLY „ TREES a>ti Strawberry Tree Desert Museum Palo Verde Swan hill Olive Phoenix dactyllfera Brisbane Box Dragon Tree Washingtonla flllbusta Arbutus'Marina' Cercidium'Desert Museum' Olea'Swan Hill' Date Palm Tristania conferta Dracaena dram Hybrid Fan Palm VINES y� NCN Pink Powder Puff Blood Red Trumpet Vine Carolira.J,—,ire Bosco Iw Star Jasmine Boungainvillea spp. Calliandra haematocephaly Distictus buccinatoria Gelsemium Sempervirens Pa chem-SSUS tricuspidatat Trachelospermum jasminoides V Plant Palette I N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. C J C E'R r: TUSTIN,CA 11M.—,11 z1, I L-12 SHRUBS WPwr, Dwarf Strawberry Tree F—tail Fern NCN Japanese Boxwood Dwarf Bottlebrush Natal Plum Arbutus—do'Compacta' Asparagus'MyersBougainvillea spp. Bu-spponica'Green Beauty' Callistemon'Little John' Can-'Boawood Beauty' g� I Ydy*y i.. California Lilac White Rackrose D•,varf Variegated Mirror Plant Fortnight Lily Gray Paroo Lily Japanese Blue Berry Pineapple Guava Red Yucca Ceanothus'Yankee Point' Cistu by Coprosma'Marble Queen' Diettes bicolor D'ianella spp. El...—lp,s dei Fe'oa Bellow sna Hesperalo p iflora t-; Lantana Wax Leaf Privet Heavenly Bamboo Ivy Geranium Flax Mock Orange Fern Pine Carolina Cherry Lantana montevidensis Ligustrum japonicum'Tc—num' Nandina spp. Pelargonium spp. Phorn—spp. Pittosporum spp. Podocarpus spp. Pmnus'Bright'n Tight' a. Indian HawthornFlower Carpet Rose Rosemary Sage Bird of Paradise Rhapeclepis spp. Rosa flora carpet Rosmarinus spp. Salvia spp. Strelltzia reginae V Plant Palette I N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. C E 2 N' TUSTIN,CA nM.me.,s,z1, I L-13 SUCCULENTS NCN Variegated FoxtA Agave Variegated Smooth Agave Coral Aloe Silver Dollar Plant Jade Pla, Ghost Plant Aeonium'Sunburst' Agave attenuata'Variegate' Agave desmetiana'Variegate' Aloe striata Crassula spp. Crassula evata Graptopetsium paraguayense NCN Paddle Plant NCN Yucca Pachycerus marginatus Furcraes foetida Kslacnhoe luciae Senecio spp. Yucca re—ifolia Mexican Fence Post GRASSES Western Meadow Sedge Berkely Sedge Chondropetalum tectorum Deer Grass Pink Muhly Slender Veit Grass Carex praegracilis Carex tumulicoia Dwarf Matt Rush Muhienbergia rigens Muhlenbergia rigens Pennisetum spsthiolatumt V Plant Palette I N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. C E 2 N' TUSTIN,CA n...—,11 z1, I L-14 Site Summary: Parking Required: Parking Provided Total Homes :40 P-IA :I I Multi-family Housing 2 Garage Spaces/Unit =80 Spaces(2:1) P-1 B 11 2 Covered Spaces/Unit 2 x 40 =80 Head-in Spaces =10 Spaces p-2A 9 1 Guest Space for every 4 units:0.25 x 40=10 90(2.27:1) P-26 9 Total Parking Required 90 Site Area :±2.07 Acres RD :Roof Deck Density :±19.3 Homes/Acre I rvine Boulevard Enl ced m d,Elev — m 13 plq R R� e1 8 a B eba e e eba T eb' z,a z,a—x e rn D 63e .e 11 Ai tte e.o e• e6.1' e :tel 3.a' � �_' /I/I��I(J/�Ivv �❑ � ��� � a 777 m.' _.....- � 7 1 ...... ._, .,z. . - - '" Ara o';gmai S,1, r=za' Bassenian Lagoni CONCEPTUAL SITE PLAN 17802 IRVINE BOULEVARD 11.01,22 V T—m.C,i,f—m I N T R A C O R P 738.2 126 1 B'Ading the Ext—ldinarf FLi vtiry 1 11,11 ill �I 1 D 1 � 1 1 1 � 11111 l u - I PLAN 2A PLAN 2113 PLAN IB PLAN IA PLAN 2A PLAN IA PLAN IB LOT 7 LOT 6 LCT 5 LOT 4 LOT l LOT 2 LOT I BassenianLagonii STREET SCENE ALONG IRVINE BOULEVARD 17802 IRVINE BOULEVARD of zz T.,r.. c: V 738.21382 INTRACORP E,,d,,g-re Leo,�a --------- ---------------------------------- --- -------- P AN B P AN B Vp N A Vp N A tcb '7 El D 0 ---- --- FIRST FLOOR BassenianlLagoni CONCEPTUAL FIRST FLOOR PLAN COMPOSITE 17602 IRVINE BOULEVARD o v 738.21381 I NT RACORP 5e„'e mo e.vea d,,aa Li L JQ�,, — _ 'OL El El PLAN 2B PLAN I B PLAN 2A PLAN I A SECOND FLOOR BassenianlLagoni CONCEPTUAL SECOND FLOOR PLAN COMPOSITE 17602 IRVINE BOULEVARD o r , c.rra . tz v a. 3a I NT RACORP 5,m'e mo e.vea d,,— 0 0 0 0 0 0 0 0 co Q Q o � o y c� ❑ ❑ PLAN 2B PLAN I B PLAN 2A PLAN I A THIRD FLOOR BassenianlLagoni CONCEPTUAL THIRD FLOOR PLAN COMPOSITE 17602 IRVINE BOULEVARD o r , c.rra . tz v a. 3a I NT RACORP 5a„'e mo e.aean,aa iii ■ "M CONTEMPORARY - A CONTEMPORARY - B Bassenien Lagoni P L A N Ian Fran,E e 17602 IRVINE BOULEVARD of zz n:un, c-r—i. � V ne.zi3az I NT RACORP E,,d,,g-re teo,—a 0 0 --- -- PRgrAR. ----------- --------------- r oma,' — �s i F 1111 G RWl' -- BATH I � t tl M RooF DECK n11R11 Ell ROOF DECK THIRD FLOOR SECOND FLOOR FIRST FLOOR PLAN 1 3 BEDROOMS 13 5 BATHS 2-1A GARAGE FLOOR AREA TABLE IST FLOOR 346 RQ.IT 2ND FLOOR 855 SQ.FT, 3RD FLOOR 764 RQ.FT. TOTAL LIVING 1,965 SQ.FT. 2-CAR GARAGE ae2 Rp.FT. -11 19 RQ.FT. P L A N I A ROOF DECK 291 SQ.FT. BassenianlLagoni Renew=T--�l—.1 Sp.—h A EI-1- 17802 lav 1- ��. � ,,. ow�..��� �.� 17802 IRVINE BOULEVARD o i T-1— —1—.— v�z 8.21382 I NT RACORP 5�a„'e mo E.aea�n�,aa m m LEFT = FRONT A ROOF PLAN A nCcsewrauLcrnrosircHfNiewi[ 4 4 RIGHT REAR Bassenian La ori PLAN IA i 9�� Concern po ra ry A El--n 17602 IRVINE BOULEVARD of zz V 739.2i397 I NT RACORP E,,d,,g-ne —-a 0 0 --- -- PRgrAR. ----------- --------------- r oma,' — �s i F 1111 G RWl' -- BATH I � t tl M RooF DECK f 0 0 ROOF DECK THIRD FLOOR SECOND FLOOR FIRST FLOOR PLAN 1 3 BEDROOMS 13 5 BATHS 2-1A GARAGE FLOOR AREA TABLE IST FLOOR 346 RQ.IT 2ND FLOOR 855 SQ.FT, 3RD FLOOR 764 RQ.FT. TOTAL LIVING 1,965 SQ.FT. 2-CAR GARAGE ae2 Rp.FT. -11 13 RQ.FT. P L A N I B ROOF DECK 291 SQ.FT. BassenianlLagoni Renew=T--�l—.1 Sp.—h B El...Ii.n ��. � ,,. ow�..��� �.� 17802 IRVINE BOULEVARD o i T-1— —1—.— v�z 8.21382 I NT RACORP 5�a„'e mo E.aea�n�,aa LEFT FRONT x ROOF PLAN 6 mcm REAR -f Q 1 � CONTEMPORARY - A CONTEMPORARY - B Bassenien Lagoni P LAN 2 n. Fro,,e e 17602 IRVINE BOULEVARD of zz V ne.21382 I NT RACORP E,,d,,g-he teo,—a O O 0 0---------------- -------------------- ---------------- eEoa on z eEoa an 3 T, 'TT ZEE] r eA onN T, 'T, TI aM � =--------- �❑ ( w ROOF DECK THIRD FLOOR SECOND FLOOR FIRST FLOOR PLAN 2 4BEDROOMS 13 5 BATHS 2-CARGARAGE FLOOR AREA TABLE IST FLOOR 373SQ.IT 2ND FLOOR SSS SFT, 3RD FLOQR 778 SQ.FT. TOTAL LIVING 2,001 SQ.FT. 2-CAR GARAGE a71 Sp.FT. -11 22 SO.FT. PLAN 2 A ROOF DECK 29711 FT. BassenianlLagoni Renee=Teaa=�e�oaa� Sp.—h A Elaveeion 17602 IRVINE BOULEVARD e i v 238.21382 I NT RACORP 5e13'emo E.ve d—', tV9 0 0 I? m m m i. m m m LEFT FRONT A tr _ ROOF PLAN A v — i4 _ - a RIGHT REAR Bassenian,La ori PLAN 2A 1911 concern pe.a, A Elevation 17602 IRVINE BOULEVARD T"t".caI,f.1— V 73e.2i382 I NT RACORP 61,dllg-M1e Exl.—l—, O O 0 0---------------- -------------------- ---------------- eEoa on z eEoa an 2 T, 'TT ZEE] r eA onN T, 'T, TI aM � =--------- - �❑ ( w ROOF DECK THIRD FLOOR SECOND FLOOR FIRST FLOOR PLAN 2 4 BEDROOMS 13 5 BATHS 2-CARGARAGE FLOOR AREA TABLE IST FLOOR 373SQ.IT 2ND FLOOR SSS SFT, 3RD FLOQR 778 SQ.FT. TOTAL LIVING 2,001 SQ.FT. 2-CAR GARAGE a71 Sp.FT. -11 22 SQ.FT. P L A N 2 B ROOF DECK 232 SQ.FT. BassenianlLagoni Renee=Teaa=�e�oaa� Sp.—h B Elevzelon 17602 IRVINE BOULEVARD e 2 v 238.21382 I NT RACORP 5e13'emo E.ve d—', -------------- - ----- --- C3 EE=Z:li IM 0 m mm LEFT FRONT 8 fr ROOF PLAN 6 lo J6 RIGHT REAR Bamnion Lagoni PLAN 2B conte�,—, B Eleva ion 2 IRVINE BOULEVARD T,,t,,, c,l,f...j, 738.21382 INTRACORP 61,dllg M1e E---', i iii .... _ = ■ ■ ■ ■ 117 CONTEMPORARY - A CONTEMPORARY - B Bassenien Lagoni BUILDING I - DUPLEX 17602 IRVINE BOULEVARD of zz V ne.21382 I NT RACORP E,,d,,g-re teo,—a 46-2 IT-L, '23'9" 0 0 0 0 ,F o 9EDR aM� 9EDR aM 3 PR AR. - 2-1 aEDR aN2 HININe (J _--- ------ ' o BATH 1 a>TH �N o F `" CREAT gF -� aw3 PRi A 11 R 11_ I IBF 1 —— OLA J 11 El THIkDFLDOR 1-INDFLOOR FiRSTF—IR PLAN 2 PLAN I PLAN 2 PLAN I PLAN 2 PLAN I PLAN 2 PLAN I 4 BEDROOMS 13.5 BATHS 3 BEDROOMS 13.5 BATHS 2.CAR GARAGE 2-CAR GARAGE FLOOR AREA TABLE FLOOR AREA TABLE ISTFLQOR 3735Q.FT STRQOR 3a6SQ.FT. 2ND FLOOR .SQ.FT. 2ND FLOOR .11 SQ.FT. 3RD FLOOR 161 SQ.FT 31D FLOOR 713 SQ.FT. TOTAL LIVING 1,004 SQ.FT. TOTAL LIVING 1,984 SQ.FT. 2-CAR GARAGE 4715Q.FT. 2-CAR GARAGE 48]SQ.FT. PORCH 225Q.FT. PORCH 13 SQ.FT. BassenianILaoni BUILDING IA - DUPLEX 9 Reflect.. A El...li— „-,. 17602 IRVINE BOULEVARD Tueti n, c.rra�„i. t1 v ]38.21362 I NT RACORP ,,3-,ho-. d—', a § - LEFT FRONT <A ROOF PLAN A b F RIGHT REAR Bassenian Lagoni BUILDING a IA - DUPLEX 17602 IRVINE BOULEVARD oi.zz Tu,tl,.c-f—j, V 738.21392 I NT RACORP 6,a,g-he —,o,— a; m f Aidmam LEFT-VIEW FROM IRVINE BLVD. FRONT A LOT 35 LOT 35 LOT 34 " BassenianLagoni BUeILaaD'ING IA ENHANCED - DUPLEX LOTS 34 & 35 FRONTING IRVINE BLVD eo�� m �arn eie.a >, 17602 IRVINE BOULEVARD n.oi,u T'—" cai,r...i. V 73e.31332 I NT RACORP tui ing-he.x�eorai 46-2 IT-L, '23'9" 0 0 0 0 ,F o r r 9EDR DN� 9EDR DN 3 PR AR. - aEDR aN2 aA� HININe o BATH 1 aATH �N o FLAU IE —— J 0 0 - aaR�H THIRDFLIIR fECDNDFLDOR FIRSTF—IR PLAN 2 PLAN I PLAN 2 PLAN I PLAN 2 PLAN I PLAN 2 PLAN I 4 BEDROOMS 13.5 BATHS 3BEDROOMS 13.5 BATHS 2-CAR GARAGE 2.CAR GARAGE FLOOR AREA TABLE FLOOR AREA TABLE ISTFLOOR 3735Q.FT STROOR 396SQ.FT. 2ND FLOOR .SQ.FT. 2ND FLOOR .11 SQ.FT. 3RD FLOOR 161 SQ.FT 31D FLOOR 713 SQ.FT. TOTAL LIVING 1,004 SQ.FT. TOTAL LIVING 1,984 SQ.FT. 2-CAR GARAGE 4715Q.FT. 2-CAR GARAGE 4875Q., . PORCH 225Q.FT. PORCH 13 SQ.FT. BassenianILa9oni BUILDING IB - DUPLEX Reflect.. B Elevation 17602 IRVINE BOULEVARD oI v ]38.21362 I NT RACORP ,,3-,ho-_d—', � . AMEN r Ami ------ LEFT FRONT 6 ROOF PLAN •8 io t 0 RIGHT REARL Bassenian Lagoni B U ImL D I N G `IB - DUPLEX 17602 IRVINE BOULEVARD -- - T 738.2133: INTRACORP E,,a,g-he t.— FIR CONTEMPORARY - A CONTEMPORARY - B BassenianLagoni BUILDING 2 - DUPLEX W/ ROOF DECK 17602 IRVINE BOULEVARD 11 Di 22 738.31332 I NT RACORP tui ing-he.x�eorai a6'2" - - - - 00 -11 7 V I 1 f= ', cgaacF !cnvACF ,, m � w, - cREnT SECOND FLaOk FINfT FLOOR PLAN 2 PLAN I PLAN 2 PLAN PLAN 2 PLAN I 4 BEDROOMS 13.5 BATHS 3 BEDROOMS 135 BATHS 2-CAR GARAGE 2-CAR GARAGE FLOOR AREA TABLE FLOOR AREA TABLE IST FLOOR3735Q.FT. IST FLOOR 3465Q.FT. 2ND FLOOR 850 SQ.FT 2ND FLOOR 855 SQ.FT. 3RD FLOOR 778 SQ.FT. 3RD FLOOR 71-Q FT. TOTAL LIVING 2,001 SQ.FT. TOTAL LIVING 1,965 SQ.FT. 2.CAR GARAGE 571SQ.FT 2-CAR GARAGE 487SQ.FT. PORCH 225Q.FT. PORCH 19SQ.FT. ROOF DECK 297 SQ,FT. ROQF DECK 291 SQ.FT. Bassenianliaoni BUILDING 2A - DUPLEX W/ ROOF DECK 9 Reflect, A El evz cion 17602 IRVINE BOULEVARD oI T-1. , —1—.— v$> 738.21382 I NT RACORP 5t13'eth E.ve d—, 0 0 0 0 eFfl� o �oi ZE] BAS RM o � LATH FEI 0 RoaF DECK THIRD FLOOR PLAN 2 PLAN I PLAN 2 PLAN I PLAN 2 PLAN 1 4BEDROOMS 13.5 BATHS 3 BEDROOMS 13.5 BATHS 7-CAR GARAGE 3-CAR GARAGE FLOOR AREA TABLE FLOOR AREA TABLE IST FLOOR 3735Q.FT. IST FLOOR 346 SQ.FT. 2ND FLOOR 850 SOFT 2ND FLOOR 855 5Q.FT. 3RD FLOOR 778 SQ.FT. 3RD FLOOR 764 Q.FT. TOTAL LIVING 7,001 SQ.FT. TOTAL LIVING 1,965 SQ.FT. -CAR GARAGE 471SQ.FT. -CAR GARAGE 487 5Q.FT. PORCH 22 SQ.FT. PORCH 19 ' FT ROOF DECK 297 SQ.FT. ROOF DECK 291 SQ.FT. BassenianILaoni BUILDING 2A - DUPLEX W/ ROOF DECK 9 Reflects A Elevaclon 17802 IRVINE BOULEVARD II OI 21 T-1. , —1—.— 6 v 738.21382 INTRACORP B,dig th,E#tetrd—v 0 0 ------- ----- --------------- LEFT FRONT A . � r ROOF PLAN A 1 RIGHT REAR Bassenianlayili BUILDING 2A - DUPLEX W/ ROOF DECK nu .rCor�en>o r�ryA Ele rata on 17842 IRVINE BOULEVARD T-- r ,.— V 73e.2138� I NTRACORP a6'2" - - - - 00 � - � 1 f= ---------------- ', cgaacF !cnvACF ,, m w, m - cRFnT uv El 0 0 0 SECOND 11— FINfT FLOOR PLAN 2 PLAN I PLAN 2 PLAN PLAN 2 PLAN I 4 BEDROOMS 13.5 BATHS 3 BEDROOMS 135 BATHS 2-CAR GARAGE 2-CAR GARAGE FLOOR AREA TABLE FLOOR AREA TABLE IST FLOOR3735Q.FT. IST FLOOR 3465Q.FT. 2ND FLOOR 850 SQ.FT 2ND FLOOR 855 SQ.FT. 3RD FLOOR 778 SQ.FT. 310 FLOOR 71-Q FT. TOTAL LIVING 2,001 SQ.FT. TOTAL LIVING 1,965 SQ.FT. 2.CAR GARAGE 5715Q.FT 2-CAR GARAGE ",SQ.FT. PORCH 225Q.FT. PORCH 195Q.FT. ROOF DECK 297 SQ,FT. ROQF DECK 291 SQ.FT. BassenianILa9oni BUILDING 2B - DUPLEX W/ ROOF DECK Reflect.. B Elevation 17602 IRVINE BOULEVARD oI v 738.21382 I NT RACORP ,,3-,ho-_d—, 0 0 0 0 Z[H] en ® � RmHar G enTH I e 1—jFEI ----- ----- - LL] RoaF DECK THIRD FLaOk PLAN 2 PLAN I PLAN 2 PLAN PLAN 2 PLAN 1 4BEDROOMS 13.5 BATHS 3 BEDROOMS 135 BATHS 2-CAR GARAGE 2-CAR GARAGE FLOOR AREA TABLE FLOOR AREA TABLE IST FLOOR 3735Q.FT. IST FLOOR 3465Q.FT. 2ND FLOOR 850 SQ.FT 2ND FLOOR 855 SQ.FT. 3RD FLOOR 778 SQ.FT. 3RD FLOOR 71 SQ.FT. TOTAL LIVING 2,001 SQ.FT. TOTAL LIVING 1,965 SQ.FT. 2-CAR GARAGE 571SQ.FT 2-CAR GARAGE ",SQ.FT. PORCH 225Q.FT. PORCH I9 SQ.FT. ROOF DECK 297 SQ,FT. ROOF DECK 291 SQ.FT. BassenianILaoni BUILDING 2B - DUPLEX W/ ROOF DECK 9 Reflect.. B Elevation 17602 IRVINE BOULEVARD eI Tnra��i. �z v 738.21382 I NT RACORP 5tm'e--_d—, I� ___________ LFT FRONT B �I � � H "—"-- ROOF PLAN B ■ RIGHT �.w R:AR Bassenian Lagori BUILDING 2B - DUPLEX W/ ROOF DECK � i � Concempo ra ry B Ele va cicn 17602 IRVINE BOULEVARD 11 Di 22 re:.Ip,cz��rornn V �ae.x�3ex INTRA CORP tui ping-he tx�eoro�na�. SITE LIGHTING FIXTURE SCHEDULE 11LE—1—�—L111TIll I- —E 1—111,11-L-L IE-1 IF F11111E I IE I ka,oaF F11111E 7511LN�P I U SITE PHOTOMETRICS STATISTICS SUMMARY P-111.11 SITE LIGHTING SHEET INDEX E-1 I 111E SITEp. LIGHTING COVER SHEET E-0.0 17802 IRVINE BOULEVARD 2 2 T = , C I i i i I N T RACORP 73 8.2 126 1 E,I Lic E,L, Mrd nary IRVINE BOULEVARD o o ° U o EXIST BLDG --- ------ a vv vv v vv b 0v v0 vv v0 ► o ss 00o �� �-I EXIST RESIDENTIAL -a s� Y p. SITE LIGHTING LAYOUT E_1 0 v 17802 IRVINE BOULEVARD M—. 2 „p T°=�, C,,;ier°„ INTRACORP , "' 738.21261 3 I.-,Li%ExL ,rd miry IRVINE BOULEVARD o EXIST BLDG �o . ❑ o g s� rp. SITE LIGHTING PHOTO METRICS E-2.0 E �_ ryso 17802 IRVINE BOULEVARD o,.,a. , v , „p T—i C,I;i—� I N T RACORP �, "' 73 8.2 126 1 _ IiExL RSX1 LED — `?a �,.. � Dark Sky ■■■ _ , 0 Owl tot .F° i �. SITE LIGHTING FIXTURE C U T S H E E T S E-3.0 Fey 17802 IRVINE BOULEVARD N,gg.22 V T�=�,�, Ca,;,o,�,a I NT RACORP �, ' 738.21261 Lic ExL Mrd n3 ry I N T RACORP building the Extraordinary DIGITAL COLOR BOARDS 17802 IRVINE BLVD , TUSTIN, CA 738.21382 1 1 .3.2022 Bassenian I Lagoni ARCHITECTURE •PLANNING •INTERIORS 0 COPYRIGHT 2022 BASSENIAN I LAGONI ARCHITECTS V COLOR SELECTION CHART I N T RACORP Ou Iding the Extraordinary PAINT:SHERWIN WILLIAMS OCTOBER 18,2022 ROOF:GAF WRCUGH-IRON/METAL AWNINGS:SW 6990 CAVIAR 1 2 3 4 5 FASCIA,EAVES,TRIM, SW 7515 SW 7068 SW 7075 SW 7047 SW 7020 SIDING,BEAMS& HOMESTEAD BROWN GRIZZLE GRAY WEB GRAY PORPOISE BLACK FOX GARAGE DOORS ENTRY DOORS SW 6229 SW 9176 SW 6990 SW 2865 SW 6481 TEMPE STAR DRESS BLUES CAVIAR C_ASS CA_YELLOW GREEN BAY BASE STUCCO SW 7005 SN/7010 SW 0_5 SW 7566 SW 7064 PURE WHITE WH TE DUCK SKYLINE STEEL WESTHIGHLAND WHITE =ASSIVE ACCENT STUCCO SW 7658 SN/7017 SW 9171 SW 7659 SW 7757 MAGNETIC GRAY DORIAN GRAY FELTED WOOD GRIS HIGH REFLECTIVE WHITE ROOF 3ARKWOOD CHARCOAL MISSION BROWN WEATHERED WOOD CHARCOAL GUTTERS 8 BEAVER BROWN DARK BRONZE CHARCOAL GREY AGED BRONZE MUSKET DOWNSPOUTS 17802 IRVINE BLVD. Bassenian I Lagoni ARCHITECTURE•PLANNING•INTERIORS TUSTIN, CA 738.2138E 0 COPYRIGHT 2022 BASSEN IAN I LAGONI ARCHITECTS SCHEME 1 I N T RACORP .- ROOF GAF- BARKWOOD FASCIA,EAVES,TRIM,SIDING, BEAMS&GARAGE SW 7515 HOMESTEAD BROWN FRONT DOORS SW 6229 TEMPE STAR BASESTUCCO ACCENTSTUCCO SW 7005 PURE WHITE SW 7058 MAGNETIC GRAY 17802 IRVINE BOULEVARD Bassenian I Lagoni ARCHITECTURE •PLANNING •INTERIORS TUSTIN, CALIFORNIA 6COPYRIGHT 20226ASSENIANILAGONIARCHITECTS SCHEME 2 I N T RACORP ROOF GAF -CHARCOAL FASCIA,EAVES,TRIM,SIDING, BEAMS&GARAGE SW 7068 GRIZZLE GRAY FRONT DOORS SW 9176 DRESS BLUES 41 Meg BASE STUCCO ACCENT STUCCO SW 7010 WHITE DUCK SW 7017 DORIAN GRAY 17802 IRVINE BOULEVARD Bassenian I Lagoni ARCHITECTURE •PLANNING •INTERIORS TUSTIN, CALIFORNIA 6COPYRIGHT 20226ASSENIANILAGONIARCHITECTS 41> SCHEME 3 I N T RACORP H-ildirc the Extraarowiary ROOF GAF MISSION BROWN FASCIA,EAVES,TRIM,SIDING, BEAMS&GARAGE SW 7075 WEB GRAY FRONT DOORS SW 6990 CAVIAR BASESTUCCO ACCENTSTUCCO SW 1015 SKYLINE STEEL SW 9171 FELTED WOOD 17802 IRVINE BOULEVARD Bassenian I Lagoni ARCHITECTURE•PLANNING • INTERIORS T U S T I N, CALIFORNIA 0 COPYRIGHT 2022 BASSENIAN I LAGONI ARCHITECTS SCHEME 4 I N T RACORP ROOF GAF -WEATHERED WOOD FASCIA,EAVES,TRIM,SIDING, BEAMS&GARAGE SW 7447 PORPOISE FRONT DOORS SW 2865 CLASSICAL YELLOW BASE STUCCO ACCENT STUCCO SW 7566 WESTHIGHLAN 0 WHITE SW 7659 GRIS 17802 IRVINE BOULEVARD Bassenian I Lagoni ARCHITECTURE •PLANNING •INTERIORS TUSTIN, CALIFORNIA 6COPYRIGHT 20226ASSENIANILAGONIARCHITECTS SCHEME 5 I N T RACORP ROOF GAF -CHARCOAL FASCIA,EAVES,TRIM,SIDING, BEAMS&GARAGE SW 747(] BLACK FOX FRONT DOORS SW 6481 GREEN BAY BASE STUCCO ACCENT STUCCO SW 7064 PASSIVE SW 7757 HIGH REFLECTIVE WHITE 17802 IRVINE BOULEVARD Bassenian I Lagoni ARCHITECTURE •PLANNING •INTERIORS TUSTIN, CALIFORNIA 6COPYRIGHT 20226ASSENIANILAGONIARCHITECTS ATTACHMENT E ECONOMIC IMPACT STUDY DATED NOVEMBER 2, 2022 Xr Zonda.. 435 S. Cedros Avenue, Suite 304 Solana Beach, CA 92075 Date: October 28, 2022 To: City of Tustin C/O INTRACORP SW, LLC From: Tim Sullivan Shaun McCutcheon ZO N DA SUBJECT: Economic and Fiscal Impact Analysis for Tustin Business Center Site, a Redevelopment Opportunity Located in Tustin, California Zonda is pleased to present this independently conducted Economic Impact Study (EIS) to Intracorp SW, LLC ("Intracorp") pertaining to the proposed Tustin Business Center Site project ("Subject") in Tustin, California. Intracorp SW, LLC is planning to develop a residential community at 17802-17842 Irvine Blvd. in the City of Tustin.The 2.07-acre property comprises 44,948 square feet of leasable commercial space in two story buildings that were built in 1971, as well as 134 surface parking spaces. It is our understanding that the property has experienced an increase in vacancy in recent years, because of the COVID-19 pandemic as well as other factors. Intracorp wants to redevelop the property to +/-40 residential units including duplex and single-family homes. The City of Tustin has requested an Economic Impact Analysis to 1) estimate the amount of tax revenues and permitting fees the project could generate to the City, and 2) detail the office building inventory on the blocks surrounding the Site to determine if there is sufficient existing space/ vacant space nearby that can accommodate office demand going forward, particularly with the absence of the Tustin Business Center. This study analyzes the fiscal impact the proposed Tustin Business Center Site project will likely yield in terms of tax revenues, fees, jobs, and wages generated from the development that ultimately benefit the City of Tustin and Orange County. Revenues are generated primarily through such vehicles as real property taxes, retail expenditures and sales tax revenues from new households living in the community, as well as development permits and fees collected by the City. We assume a planning start date of 2022 and residential sales beginning in November 2023 per input from Intracorp, though we recognize that timing is subject to change, and revenues need to be adjusted accordingly. Tax revenue estimates are the estimates of Zonda using inputs from city, county, and state resources, as well as estimates based on the local market, and are not a representation of the developer, Intracorp SW, LLC. Zonda examined the tax revenue implications of the Subject Project over a long-term period (20 years) to show both annual and aggregate tax revenues. Our report includes the following information: City of Tustin X ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 2 I. Executive Summary of Key Findings II. Economic and Fiscal Impact Analysis derived from: 1) Property tax revenue 2) Additional spending propensities and sales tax revenue from new residents 3) Permits and fees III. Jobs Creation, Wages and Total Economic Impact 1) During construction 2) At completion/fully operational IV. Office Inventory Analysis V. Summary and Conclusions Included in this report is a brief series of exhibits depicting the research completed in our analysis. In addition, the City of Tustin requested an Office Inventory Analysis that details the characteristics (square feet, occupancy, lease rates etc.) of the existing office buildings along Irvine Boulevard. This is detailed in the Supporting Documentation section of this report. I. EXECUTIVE SUMMARY OF KEY FINDINGS Based upon our research and analysis, we believe that the Tustin Business Center Site project represents a sizeable economic impact source for Tustin in terms of generating significant annual tax revenues for the city. During the next five years (planning, permits, construction, and home sales)we estimate that the project will deliver approximately$694,520 in taxes and fee revenues for the City of Tustin, or $603,667 in net present value. The following tables summarize these tax sources and corresponding revenues: TUSTIN BUSINESS CENTER SITE FISCAL IMPACT SUMMARY(2022-2026) Total 2022 2023 2024 2025 2026 1 New Residential Project Property Tax Revenue $143,956 $0 $7,642 $44,541 $45,432 $46,341 2 New Residential Project Residents'Spending $13,610 $0 $0 $4,403 $4,535 $4,671 3 Permits and Fees $596,499 $60,000 $98,337 $438,162 $0 $0 Minus Existing Building Property Tax Revenue ($59,544) TOTAL $694,520 $48,558 $94,308 $475,202 $37,825 $38,627 TUSTIN BUSINESS CENTER SITE 5-YEAR Tustin TUSTIN BUSINESS CENTER SITE NET PRESENT Tustin FISCAL IMPACT SUMMARY(2022-2026) Revenues VALUE OF 5-YEAR REVENUES(2022-2026) Revenues 1 New Residential Project Property Tax Revenue $143,956 1 New Residential Project Property Tax Revenue $119,094 2 New Residential Project Residents'Spending $13,610 2 New Residential Project Residents'Spending $11,195 3 Permits and Fees $596,499 3 Permits and Fees $524,838 Minus Existing Building Property Tax Revenue Minus Existing Building Property Tax Revenue TOTAL $694,520 1 ITOTAL NPV(@ 5%Discount Rate) $603,667 Zonda estimated the fiscal impact of the Tustin Business Center Site project going forward over a 20-year timeframe. To conduct this analysis, Zonda considered such variables as increased property values and inflation impacting these estimates over time. We estimate that the project will deliver approximately$1,391,090 in taxes and fee revenues for Tustin over a 20-year period City of Tustin X ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 3 (2022 to 2041), or a net present value of $973,430. The following tables summarize these tax sources and corresponding revenues: TUSTIN BUSINESS CENTER SITE 20-YEAR Tustin TUSTIN BUSINESS CENTER SITE NET PRESENT Tustin FISCAL IMPACT SUMMARY(2022-2041) Revenues VALUE OF 20-YEAR REVENUES(2022-2041) Revenues 1 New Residential Project Property Tax Revenue $961,371 1 New Residential Project Property Tax Revenue $554,400 2 New Residential Project Residents'Spending $103,096 2 New Residential Project Residents'Spending $58,429 3 Permits and Fees $596,499 3 Permits and Fees $524,838 Minus Existing Building Property Tax Revenue ($269,876) Minus Existing Building Property Tax Revenue ($164,237) TOTAL $1,391,090 1 TOTAL NPV(@ 5%Discount Rate) $973,430 Source:Zonda,Qty of Tustin Tustin Business Center Site will also be a driver in terms of jobs creation and corresponding wages, which will have a positive impact to the community. These jobs will be generated both during the construction phase (primarily construction workers, but also including vendors, suppliers, and management) and the operations phase (residential community maintenance). We further estimate that the construction phase of the project will create and/or support approximately +/-60 jobs, while the ongoing operation of the finished project will generate and/or support 6 additional jobs, for a total of 66 jobs. We estimate 12 job losses from office tenants in the existing office buildings (only four office suites are currently occupied). The following table summarizes our estimate of total jobs created by the Project: Jobs Creation Summary One Time Direct Jobs (Construction & Management) 40 One Time Indirect Jobs (Vendors, Suppliers, Etc.) 20 60 Ongoing Jobs at Stabilization (Community Maintenance) 4 Implied Indirect Jobs (Vendors, Suppliers, Etc.) 2 6 Minus Current Jobs Estimate in Existing Office Buildings -12 Finally, our research Indicates that office market conditions are relatively soft, and according to Moody's/REIS office market data, the current vacancy rate in the Central Orange County submarket is 17.60%, which represents a high vacancy rate (we consider+/-10%a "normal" office vacancy rate). This equates to a total of 2,870,000 square feet in this submarket. Over the past three and a half years,the vacancy rate has exceeded 16%, indicating a consistently high vacancy rate before, during and after the COVID-19 pandemic. See the following page for historical average vacancy rates In the Central Orange County submarket. City of Tustin X ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 4 25.0% 20.6% — 20.0% 18.1111 9%16.6% 16.1 /0 16.4% 0 15.2% 16.20% 16.70%17.33% 17.60% 14.4% 15.0% 13.3% 13.5% 10.0% v 5.0% 0.0% 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Q2 2022 Source: REIS We Identified a total of 145 office buildings in Central Orange County that have at least 1,000 square feet available for lease, and 14 buildings have significant office space available of at least 20,000 square feet per building (per LoopNet). The average asking lease rate in Central Orange County is $27.75 per square foot per year, or $2.31 per square foot per month. The average effective rent (actual rental rate after negotiations and concessions) is $20.82 per square foot per year, or $1.73 square foot per month (per REIS). For perspective, the average asking rent in the Irvine Boulevard office corridor is $23.69, or$1.97 per square foot;the average effective rent estimate is $17.77 per square foot per year, or $1.48 square foot per month (based on REIS submarket data). When focusing on the local area along Irvine Boulevard, there is a total of 629,612 square feet of office space among 45 buildings. The current vacancy rate is 16.8%, amounting to a total of 105,990 square feet of vacant office space currently, including approximately 41,490 square feet of vacant space in the Tustin Business Center currently--only 3,458 square feet is currently occupied. When fully operational, the Tustin Business Center has reached levels of a maximum 80%occupancy, which means+/-36,000 square feet was occupied and 9,000 square feet was left vacant, which would determine that the vacancy rate under normal circumstances for the Irvine Business Corridor would be 11.7%. This level of vacant space in the office submarket as well as the immediate area indicates that the local office market can likely accommodate the displaced office tenants that are currently occupying space in the Tustin Business Center. City of Tustin X ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 5 OFFICE INVENTORY SUMMARY STATISTICS-IRVINE BLVD,TUSTIN CA Age of Lease Rate Vacancy Parking Assessed 2021 Taxes Paid to Estimated No. Average SF #Offices Year Built Building SFNear Rate(014 Spaces Value City of Tustin Tax Rate of Employees Salary Min 3,165 1 1923 37 $17.59 0.0% 10 $389,780 $516 0.1323% 12 $55,930 Max 47,684 82 2014 99 $33.60 100.0% 165 $8,561,553 $11,329 0.1323% 191 $183,100 Average 13,991 15 1975 53 $23.69 16.8% 47 $2,096,457 $2,774 0.1323% 52 $101,472 Total 629,612 692 105,990 2,122 $94,340,568 $124,831 2,351 Source:Zonda,BLS,LoopNet,ZipRecruiter,NAICS II. ECONOMIC AND FISCAL IMPACT ANALYSIS In establishing our recommendations for the tax/fee revenue generators of Tustin Business Center Site, we considered the following sources: • Property tax revenue • Retail and mini warehouse sales tax revenue • Additional spending propensities from new residents within the community • Permits and fees The purpose of this section is to explain the methodology for deriving tax revenues for each of these sources for both a single year and over a 20-year period (2022 through 2041). A. Property Tax Revenue Orange County collects taxes from real property, a portion of which are allocated to Tustin. Property taxes are based on the assessed value of property, which is typically the improved cost of the property in the case of new commercial construction as well as the sale price of newly constructed homes.The table below summarizes total home values for the property and property tax implications (in today's dollars): City of Tustin X ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 6 Cost/Value Units Square Feet (In Today's $) Residential Sale Price/ Home Value 40 1,983 $860,210 Cumulative Annual Home Sales $34,408,400 Total Home Revenue/Value Annual Appreciation Estimate (2.0% max per Prop. 13) 2.0% Assessment Ratio 100% Assessed Value $34,408,400 Tax Rate Total Annual Tax Amount 0.0106873 $367,733 Orange County Primary Tax 0.0089000 $306,235 City of Tustin Primary Tax 0.0011000 $37,849 Tustin S F I D 2002-1, 2002 0.0001319 $4,538 Tustin Unified School District SFIDs (Combined) 0.0005204 $17,906 Metro Water D-MWDOC 0.0000350 $1,204 City of Tustin Total Property Tax Revenues(2022$) $42,388 Based on a total value of all home sales of $34,408,400, and an assessment ratio of 100% (this ratio is typically at or below 100%), the assessed value of the project is $34,408,400. Property taxes are estimated at 1.06873% of assessed value, or $367,733 annually. Of the 1.0% Primary Tax amount, approximately 89% is allocated to Orange County and 11% is allocated to Tustin according to City of Tustin Economic Development Department representatives. Including a small tax for the Tustin SFID that is allocated to the City of Tustin yields a total of $42,388 in property taxes to the City (in today's dollars). Over the next 20 years, total property taxes generated are estimated at $8.340 million, of which $961,371 will be allocated to Tustin (or a net present value of$554,400). Tustin Business Center Site Total Property Tax Amount Over 20 Years $8,340,340 City of Tustin Total Tax Revenues Over 20 Years $961,371 City of Tustin Total Tax Revenues(Net Present Value) $554,400 Source: Zonda, City of Tustin The table below details the 2021-2022 property taxes generated from the existing office buildings at the Tustin Business Center (in today's dollars): City of Tustin Vo Zonda,. C/O INTRACORP SW, LLC October 28, 2022cv'fi, Page 7 Cost/Value Units Square Feet (In Today's $) Existing Building - 17802 Irvine Blvd 28 22,474 $4,204,742 Existing Building - 17802 Irvine Blvd 26 22,474 $4,356,811 Total 54 44,948 $8,561,553 Annual Appreciation Estimate (2.0% max per Prop. 13) 2.0% Assessment Ratio 100% Assessed Value $8,561,553 Tax Rate Total Annual Tax Amount 0.0107786 $100,939 Orange County Primary Tax 0.0089000 $76,198 City of Tustin Primary Tax 0.0011000 $9,418 Tustin S F I D 2002-1, 2002 0.0002232 $1,911 Tustin Unified School District SFIDs (Combined) 0.0005204 $4,455 Metro Water D-MWDOC 0.0000350 $300 Special Assessment Charges $8,657 City of Tustin Total Property Tax Revenues(2022$) $11,329 Assuming the existing office buildings remain on the Subject Property, over the next 20 years total property taxes generated are estimated at $2.396 million, of which $269,876 will be allocated to Tustin (or a net present value of$164,237). Tustin Business Center Site Total Property Tax Amount Over 20 Years $2,396,664 City of Tustin Total Tax Revenues Over 20 Years $269,876 City of Tustin Total Tax Revenues(Net Present Value) $164,237 Source: Zonda, City of Tustin B-1. Retail Spending Propensities - Additional Sales Tax Revenue from Residents Residents who will purchase the Tustin Business Center Site residential units will naturally purchase goods and services. A portion of these goods and services will likely be bought from establishments within Tustin, and the City of Tustin collects a portion of sales tax revenue. Specifically, the 7.75% sales tax rate is split between Tustin (1.0%), Orange County (0.75%) and the State of California (6.0%), though groceries and entertainment are not taxable. The Bureau of Labor Statistics has conducted a survey that details the amount of money that households spend on various goods and services annually, as segmented by income range. The following table details this survey for 2020, shown below: City of Tustin X ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 8 Household Income Ranges $50,000 $70,000 $100,000 $150,000 $200,000 to to to to and A\,erage Annual Household Expenditures $69,999 $99,999 $149,999 $199,999 more Food $6,026 $7,475 $9,901 $11,002 $14,066 Food At Home $4,088 $5,044 $6,538 $6,996 $8,883 Food Away (Restaurants) $1,938 $2,432 $3,364 $4,006 $5,183 Alcoholic Beverages $350 $444 $610 $1,228 $1,261 Household Furnishings and Equipment $1,793 $2,396 $2,909 $4,042 $7,002 Apparel and Services $1,208 $1,145 $2,037 $2,276 $3,405 Transportation $9,225 $11,098 $14,888 $14,404 $19,397 Vehicle Purchases (net outlay) $4,044 $4,940 $7,785 $6,619 $9,804 Gasoline, Other Fuels, and Motor Oil $1,658 $1,859 $2,054 $2,179 $2,258 Other Vehicle Expenses $3,300 $4,069 $4,720 $5,014 $6,469 Public and Other Transportation $223 $230 $329 $593 $866 Entertainment $2,004 $2,694 $4,331 $5,236 $7,654 Personal Care Products and Services $539 $652 $934 $961 $1,400 ............. .............................................................................................................................................................................................................................................................................................................................. Tobacco Products and Smoking Supplies $367 $351 $305 $250 $190 ............Miscellaneous..................................................................................................................$759.........................$1 059............................$.....1.86..........................$1 656................._$1 750........ Source: BLS The Tustin Business Center Site will offer for-sale residential units with an average price of approximately $830,000 per Intracorp (with two units at affordable prices, designated to lower Income households). According to our own internal research the market rate price level is supportable. Accordingly, we believe these homeowners will likely fall into the following income ranges, with a strong concentration in the $150,000 to $199,999 segment, as shown on the following table: $60,000 $70,000 $100,000 $160,000 $200,000 to to to to and Household Income Ranges $69,999 $99,999 $149,999 $199,999 more Est. Mix of Tustin Business Center Site Households 5% 0% 0% 83% 13% Est. Number of Tustin Business Center Site Households 2 0 0 33 6 These residents will spend approximately $1,679,982 in annual retail expenditures, based on the most recent 2020 household expenditure survey. City of Tustin Z ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 9 TUSTIN BUSINESS CENTER SITE RESIDENTS'ANNUAL RETAIL SPENDING PROPENSITIES $50,000 $70,000 $100,000 $150,000 $200,000 to to to to and Average Annual Household Expenditures $69,999 $99,999 $149,999 $199,999 more TOTAL Food $12,052 1 1 $363,066 $70,330 445 448 Food At Home $8,176 $ $ $230,868 $44,415 $283,459 Food Away(Restaurants) $3,876 $ $ $132,198 $25,915 $161,989 Alcoholic Beverages $700 $ $ $40,524 $6,305 $47,529 Household Furnishings and Equipment $3,586 $ $ $133,386 $35,010 $171,982 Apparel and Services $2,416 $ $ $75,108 $17,025 $94,549 Transportation $18,450 1 $ $475,332 $96,985 $590,767 Vehicle Purchases(net outlay) $8,088 $ $ $218,427 $49,020 $275,535 Gasoline,Other Fuels,and Motor Oil $3,316 $ $ $71,907 $11,290 $86,513 Other Vehicle Expenses $6,600 $ $ $165,462 $32,345 $204,407 Public and Other Transportation $446 $ $ $19,569 $4,330 $24,345 Entertainment $4,008 $ $ $172,788 $38,270 $215,066 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Personal Care Products and Services $1,078 $ $ $31,713 $7,000 $39,791 Tobacco Products and Smoking Supplies $734 $ $ $8,250 $950 $9,934 ............................................................................................................................................................................................................................................................................................................................................................................................................................. Miscellaneous $1,518 $ $ $54,648 $8,750 $64,916 TOTAL RETAIL EXPENDITURES $2020 $44,542 $ $ $1,354,815 $280,625 $1,679,982 Additionally, it is reasonable to assume that not all of Tustin Business Center Site residents' retail expenditures will occur in Tustin. Residents have a variety of retail options outside of Tustin (in Irvine, Orange, Santa Ana and elsewhere). Accordingly, we must apply a capture estimate to the various goods and services categories according to the supply of these various categories that are offered within Tustin as compared to options in other areas. These capture rate estimates range from an aggressive 50% for Food at Home (Grocery) purchases since Tustin offers several supermarket options; 50%for Vehicle Purchases (there are 13 auto dealerships in the Tustin Auto Center); and as low as 10%for Household Furnishings and Equipment (there are limited furniture stores in Tustin as compared to nearby cities). The following table details our estimates for Tustin retailers' capture rate estimates (in blue) and corresponding expenditure estimates by Tustin Business Center Site residents within Tustin, resulting in retail spending of$575,954 based on the most recent 2020 household expenditure survey, or $391,211 excluding the Food at Home and Entertainment categories, which are not taxable. TUSTIN BUSINESS CENTER SITE RESIDENTSANNUAL RETAIL SPENDING PROPENSITIES(WITHIN TUSTIN $20,000 $30,000 $40,000 $50,000 $70,000 Tustin to to to to and Average Annual Household Expenditures Capture $29,999 $39,999 $49,999 $69,999 more TOTAL Food $5,057 1 1 $148,484 $28,686 $182,227 Food At Home 50% $4,088 $ $ $115,434 $22,208 $141,730 Food Awa Restaurants 25% $969 $ $ $33,050 $6,479 $40,497 Alcoholic Bevera es 10% $70 $ $ $4,052 $631 $4,753 Household Furnishin s and E ui ment 10% $359 $ $ $13,339 $3,501 $17,198 Apparel and Services 25% $604 $ $ $18,777 $4,256 $23,637 Transportation $8,218 1 $ $211,878 $43,938 $264,034 Vehicle Purchases(net outlay) 50% $4,044 $ $ $109,214 $24,510 $137,768 Gasoline,Other Fuels,and Motor Oil 25% $829 $ $ $17,977 $2,823 $21,628 Other Vehicle Expenses 50% $3,300 $ $ $82,731 $16,173 $102,204 Public and Other Transportation 10% $45 $ $ $1,957 $433 $2,435 Entertainment 20% $802 $ $ $34,558 $7,654 $43,013 Personal Care Products and Services 50% $539 $ $ $15,857 $3,500 $19,896 Tobacco Products and Smoking Supplies 50% $367 $ $ $4,125 $475 $4,967 Miscellaneous 25% $380 $ $ $13,662 $2,188 $16,229 TOTAL RETAIL EXPENDITURES $2020 $16,394 $ $ $464,731 $94,829 $575,954 TOTAL RETAIL EXPENDITURES($2020) $391,211 MINUS FOOD AT HOME&ENTERTAINMENT City of Tustin Z ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 10 Although current inflation rates are relatively high, we have applied a 3% increase in spending levels per year to account for "normal" inflation and increased income levels in the future. During the initial years (2022 - 2026), Tustin Business Center Site residents are estimated to spend $1.360 million on retail expenditures. This yields a total of $105,474 in sales tax revenues, of which $13,610 is allocated to Tustin. TOTAL SALES TAX REVENUES FROM TUSTIN BUSINESS CENTER SITE RESIDENTS(2022-2026) Tustin Business Center Site Hypothetical Sales Start Spending Hypothetical Hypothetical (Nov.2023) Tax Rate 2024-2026 2020 2021 2022 2023 2024 2025 2026 Potential Annual Household Expenditures $1,360,958 $39;.,-;; $440,311 $453,521 $467,126 Total Retail Sales Tax Revenues 7.75% $105,474 $34,124 $35,148 $36,202 State Tax Revenues(Rate*Taxable) 6.00% $81,657 $26,419 $27,211 $28,028 County Tax Revenues(Rate*Taxable) 0.75% $10,207 $3,302 $3,401 $3,503 Tustin Sales Tax Revenues 1.00% $13,610 ""'" $4,403 $4,535 $4,671 At an annual growth rate of 3%, we estimate that Tustin Business Center Site residents will spend a total of $13.445 million within Tustin over a 20-year period. This spending propensity level yields total sales tax revenues of $1,042,041, of which $134,457 is allocated to Tustin (or a net present value of$75,949). TOTAL RETAIL EXPENDITURES OVER 20 YEARS $13,445,688 Total Retail Sales Tax Revenues Over 20 Years $1,042,041 Tustin Sales Tax Revenues Over 20 Years $134,457 Tustin Sales Tax Revenues Over 20 Years(NPV) $75,949 Source: Zonda, City of Tustin B-2. Retail Spending Propensities - Sales Tax Revenue from Office Employees Similarly, employees at the Tustin Business Center Site purchase goods and services. A portion of these goods and services will likely be bought from establishments within Tustin, and the City of Tustin collects a portion of sales tax revenue.Specifically,the 7.75%sales tax rate is split between Tustin (1.0%), Orange County (0.75%) and the State of California (6.0%), though groceries and entertainment are not taxable. Employees at the Tustin Business Center Site have an estimated average income of$74,999,thus we estimate they fall in the $70,000 to $99,999 range as shown on the following table: $50,000 $70,000 $100,000 $150,000 $200,000 to to to to and Household Income Ranges $69,999 $99,999 $149,999 $199,999 more Est. Mix of Tustin Business Center Employees 0% 100% 0% 0% 0% Est. Number of Tustin Business Center Employees 0 12 0 0 0 It is reasonable to assume that not all of Tustin Business Center office employees retail expenditures will occur in Tustin. It is likely that they live elsewhere and commute to Tustin, thus they are likely to spend on a few select categories such as Food Away and Gasoline. We assume City of Tustin Z ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 11 that approximately 25% of their Food Away (Restaurants) spending and 25% of their gasoline purchases occurs in Tustin, resulting in retail spending of$12,873 based on the most recent 2020 household expenditure survey. TUSTIN BUSINESS CENTER OFFICE EMPLOYEES ANNUAL RETAIL SPENDING PROPENSITIES(WITHIN TUSTIN $20,000 $30,000 $40,000 $50,000 $70,000 Tustin to to to to and Average Annual Household Expenditures Capture $29,999 $39,999 $49,999 $69,999 more TOTAL Food $ $7,296 1 1 $7,296 Food At Home 0% $ $ $ $ $ $ Food Away(Restaurants) 25% $ $7,296 $ $ $ F$7,296Alcoholic Beverages 0% $ $ $ $ $Household Furnishings and Equipment 0%Apparel and Services 0%Transportation $ 5 577 Vehicle Purchases(net outlay) 0% $ $ $ $ $Gasoline,Other Fuels,and Motor Oil 25% $ $5,577 $ $ $ , Other Vehicle Expenses 0% $ $ $ $ $ $ Public and Other Transportation 0% $ $ $ $ $ $ Entertainment 0% $ $ $ $ $ $ Personal Care Products and Services 0% $ $ $ $ $ $ Tobacco Products and Smoking Supplies 0% $ $ $ $ $ $ ............................................................................................................................................................................................................................................................................................................................................................................................................. Miscellaneous 0% $ $ $ $ $ $ TOTAL RETAIL EXPENDITURES($2020) $ $12,873 $ $ $ $12,873 TOTAL RETAIL EXPENDITURES($2020) $12,873 MINUS FOOD AT HOME&ENTERTAINMENT Although current inflation rates are relatively high, we have applied a 3% increase in spending levels per year to account for "normal" inflation and increased income levels in the future. Over the next five years (2022-2026),Tustin Business Center office employees are estimated to spend $120,563 on retail expenditures. This yields a total of $9,344 in sales tax revenues, of which $1,206 is allocated to Tustin. TOTAL SALES TAX REVENUES FROM TUSTIN BUSINESS CENTER OFFICE EMPLOYEES(2022-2026) Tax Rate 2022-2026 2020 2021 2022 2023 2024 2025 2026 Potential Annual Household Expenditures $120,563 _ $22,709 $23,390 $24,092 $24,814 $25,559 Total Retail Sales Tax Revenues 7.75% $9,344 $1,760 $1,813 $1,867 $1,923 $1,981 State Tax Revenues(Rate*Taxable) 6.00% $7,234 $1,363 $1,403 $1,445 $1,489 $1,534 County Tax Revenues(Rate*Taxable) 0.75% $904 $170 $175 $181 $186 $192 Tustin Sales Tax Revenues 1.00% $1,206 $227 $234 $241 $248 $256 At an annual growth rate of 3%, we estimate that Tustin Business Center office employees will spend a total of $470,161 within Tustin over a 20-year period. This spending propensity level yields total sales tax revenues of$36,437, of which $4,702 is allocated to Tustin (or a net present value of$2,524). TOTAL RETAIL EXPENDITURES OVER 20 YEARS $470,161 Total Retail Sales Tax Revenues Over 20 Years $36,437 Tustin Sales Tax Revenues Over 20 Years $4,702 Tustin Sales Tax Revenues Over 20 Years(NPV) $2,524 Source: Zonda, City of Tustin City of Tustin Vo Zonda,. C/O INTRACORP SW, LLC October 28, 2022c 'fi, Page 12 If the office buildings were operating at 80% occupancy with 125 estimated employees, these employees would spend a total of$4,897,512 within Tustin over a 20-year period. This spending propensity level yields total sales tax revenues of $379,557, of which $48,975 is allocated to Tustin (or a net present value of$26,296). C. Permits and Fees Tustin collects building permit fees, planning fees, impact fees and other administrative fees for new construction developments. The following tables detail the estimated fees due to the City for the Tustin Business Center Site. The total for all permits and fees is estimated at$1,151,141 based on conversations with City planning representatives for the 40 residential units planned for the site, of which $596,499 is allocated to the City of Tustin. The following table details the building permit fees associated with the development of Tustin Business Center Site. The total for all permit fees associated with the development is $240,479, or $6,012 per residential unit. PERMIT FEES Plan Permit Elec., Mech., TOTAL FEES Building Type Units Review Fee Plumbing PERMIT FEES PER UNIT Residential Units 40 $2,331.40 $3,330.57 $350.00 $240,479 $6,012 TOTAL 40 $2,331.40 $3,330.57 $350.00 $240,479 $6,012 Source: Zonda, City of Tustin The following table details the impact fees associated with the development of Tustin Business Center Site.The total for all impact fees associated with the development is $844,662, or$21,117 per unit; the total for all impact fees allocated to the City of Tustin is $290,020, or $7,251 per unit. IMPACT FEES Fees Fees to Fees to Description Per Unit Units Subtotal City of Tustin City per Unit New Construction Fees $350 40 $14,000 $14,000 $350 Park Fees* $0 40 $0 $0 $0 School District Fees $9,556 40 $382,242 $0 $0 Transportation Corridor Fees $4,310 40 $172,400 $0 $0 Affordable Housing Fees $6,901 40 $276,020 $276,020 $6,901 Total: $21,117 40 $844,662 $290,020 $7,251 *Note:Tustin charges a Park Fee but that value has not been determined at this time. Source:City of Tustin The following table details the planning division fees associated with the development of Tustin Business Center Site.The total for all planning division associated with the Tustin Business Center Site development is $66,000, according to conversations with City planning representatives. City of Tustin Vo Zonda,. C/O INTRACORP SW, LLC October 28, 2022tv'fi, Page 13 PLANNING DIVISION SCHEDULE OF FEES Estimated Estimated Timing Description Fees Notes Number Subtotal 2022 2023 2024 Conditional Use Permits and Amendments 1. Major $5,000 Deposit 1 $5,000 $5,000 Design Reviews and Amendments 9. Major $5,000 Deposit 1 $5,000 $5,000 Environmental 16. EIR $20,000 Deposit 1 $20,000 $20,000 General Plan Amendments 25. Major General Plan Amendment $10,000 Deposit 1 $10,000 $10,000 27. Land Use Map $5,000 Deposit 1 $5,000 $5,000 Subdivisions and Amendments 31.Tentative Tract/Parcel Map $5,000 Deposit 1 $5,000 $5,000 32. Final Tract Map $2,500 Deposit 1 $2,500 $2,500 40. Master Association Documents,CC&R $3,000 Deposit 1 $3,000 $3,000 Temporary Uses 47. Master Sign Program $500 Deposit 1 $500 $500 Variances and Amendments, Use Determinations, Development Agreements and Appeals 53.Zone Change $10,000 Deposit 1 $10,000 $10,000 Planning Review of Building Plan Check Submittals Planning Division Total: $66,000 $60,000 $5,500 $500 Source:City of Tustin III. JOBS CREATION AND TOTAL ECONOMIC IMPACT For the construction phase of the project, we estimate that there will be approximately 40 total direct one-time jobs from this project and expect that those jobs would induce another 20 indirect jobs, for a total of approximately 60 jobsl. One Time Jobs Analysis-Full Time Equivalent Jobs One Time Direct Jobs (Construction & Management) 40 One Time Indirect Jobs (Vendors, Suppliers, Etc.) 20 Total One Time Jobs Estimate 60 We estimate that there will be four total direct ongoing jobs from this project and expect that those jobs would induce another two indirect jobs, for a total of approximately six jobs. We estimate 12 job losses from office tenants in the existing office buildings (only four office suites are currently occupied), for a net of -6 ongoing jobs. Currently the Tustin Business Center buildings are 92.6% vacant, but if we were to assume a "normal" occupancy rate of 80% for the Subject would result in +/-35,900 square feet off occupied space. Assuming one employee per 288 square feet (consistent with the current employee per square foot at the Subject) would yield 125 office jobs that the Tustin Business Center could accommodate hypothetically. Note: the jobs created estimate is based on feedback from homebuilder representatives and our experience in economic impact studies. City of Tustin Vo Zonda,. C/O INTRACORP SW, LLC October 28, 2022c 'fi, Page 14 Ongoing Jobs Estimate Ongoing Jobs at Stabilization (Community Maintenance) 4 Implied Indirect Jobs (Vendors, Suppliers, Etc.) 2 6 Total Direct Jobs 4 Total Indirect Jobs 2 Total Ongoing Jobs Estimate 6 Minus Current Jobs Estimate in Existing Office Buildings -12 Net Ongoing Jobs It is important to note that the average annual salary for construction laborers is $47,490, and construction managers annual salary is $103,770—these are One Time Direct Jobs associated with the development. We expect that total annual economic activity will be approximately $2.440 million in terms of annual salaries from jobs at stabilization from the Subject Project; subtracting an estimated $899,940 from current jobs within the existing office buildings equates to a net gain of$1,540,398 in salaries. This incremental spending will accrue to the entire Orange County, in addition to the City of Tustin. Average Salary No. of Employees Total Annual Salary Construction Laborers $47,490 33 $1,567,170 Construction Managers $103,770 4 $415,080 Grounds Maintenance Workers, All Other $37,810 4 $151,240 Real Estate Sales Agents $89,944 2 $179,888 Manaaers. All Other $126,960 1 $126,960 New Residential Development Jobs Total $55,462 44 $2,440,338 Minus Current Jobs Estimate in Existing Office Buildings $74,995 -19 ($899,940) TOTAL JOBS AND ANNUAL SALARIES $1,540,398 Source: Zonda, Indeed, Carreer Explorer, BLS Hypothetically, if the Tustin Business Center were 80% occupied and had +/-125 office jobs as mentioned on the previous page, an average salary of $74,995 would yield a total of$9,374,375 in total salaries from office employees in the project. IV. OFFICE INVENTORY ANALYSIS As requested bythe City,we inventoried all of the existing office buildings along Irvine Boulevard, from the 55 Freeway to the west and to Fashion Lane to the east. We Identified a total of 45 office properties comprising 629,612 total square feet within this area. The current vacancy rate is 16.8%, amounting to a total of 105,990 square feet of vacant office space currently, including approximately 41,490 square feet of vacant space in the Tustin Business Center currently--only 3,458 square feet is currently occupied--in preparation for the selling of the property, the owner gave tenants ample time to relocate, bringing the center's current condition to four suites currently occupied. This level of vacant space in the office submarket as well as the immediate City of Tustin Vo Zonda,. C/O INTRACORP SW, LLC October 28, 2022 Advisory Page 15 area indicates that the local office market can likely accommodate the displaced office tenants that are currently occupying space in the Tustin Business Center. The tables below summarize the key characteristics of existing inventory; additional information and images of each property are detailed in the Appendix. OFFICE INVENTORY SUMMARY STATISTICS-IRVINE BLVD,TUS77N CA Age of Lease Rate Vacancy Parking Assessed 2021 Taxes Paid to Estimated No. Average SF #Offices Year Built Building SFIYear Rate(0/4 Spaces Value CityofTustin Tax Rate of Employees Salary Min 3,165 1 1923 37 $17.59 0.0% 10 $389,780 $516 0.1323% 12 $55,930 Max 47,684 82 2014 99 $33.60 100.0% 165 $8,561,553 $11,329 0.1323% 191 $183,100 Average 13,991 15 1975 53 $23.69 16.8% 47 $2,096,457 $2,774 0.1323% 52 $101,472 Total 629,612 692 105,990 2,122 $94,340,568 $124,831 2,351 Source:Zonda,BLS,LoopNet;ZipRecruiter;NAICS Additionally, if the Tustin Business Center were 80% occupied, the overall vacancy rate in the Irvine Boulevard office corridor would be 11.7%. Map Building Name/ #of Year Built/ Age of Lease Rate Vacancy Parking Assessed 2021 Taxes Paid to Estimated No. Average No#Address SF Offices Renovated Building SF/Year Rate % Spaces Value City of Tustin Tax Rate of Employees Salary 1 14841 Yorba St 10,179 7 1923/1985 99 N/Av 0.0% 27 $2,452,238 $3,245 0.1323% 41 $114,818 2 Granada Plaza AB-17291 INne BlW 47,684 82 19702013 52 $25.20 9.8% 165 $2,394,029 $3,168 0.1323% 191 $98,890 3 R.E.Source Building-17321 Irvine Blvd 12,920 13 1976 46 $18.00 3.9% 28 $1,706,283 $2,258 0.1323% 52 $64,324 4 Modjeska Building-17332 Irvine Blvd 25,592 30 1972 50 $18.87 0.0% 53 $3,062,616 $4,052 0.1323% 102 $91,068 5 Samara Building-17341 INne Blvd 10,172 10 1966 56 N/Av 0.0% 34 $2,053,266 $2,717 0.1323% 41 $111,813 6 17371 Irvine Blvd 6,984 7 1979 43 N/Av 0.0% 22 $1,184,161 $1,567 0.1323% 28 $110,193 7 O&E Medical Center-17400 Irvine Blvd 17,594 10 1968 54 $29.40 22.8% 96 $4,849,728 $6,417 0.1323% 70 $171,814 8/9 Rancho Silverado West-17401 Irvine Blvd 5,684 14 1965 57 $26.40 0.0% 19 $1,270,559 $1,681 0.1323% 23 $89,150 8/9 Rancho Silverado East-17411 INne Blvd 5,684 14 1965 57 $26.40 17.6% 19 $1,312,373 $1,737 0.1323% 23 $89,150 10 17421 Irvine Blvd 4,000 1 1966 56 N/Av 0.0% 21 $692,629 $916 0.1323% 16 $78,530 11 17452 INne Blvd 10,385 9 19682013 54 $21.00 18.0% 60 $2,267,247 $3,000 0.1323% 42 $140,504 12 Coronado Building-174611rvine Blvd 14,555 25 1969 53 $28.20 5.8% 60 $2,596,411 $3,436 0.1323% 58 $94,115 13 Plaza Yorba-17482 INne Blvd 6,968 6 1966 56 N/Av 0.0% 100 $1,829,050 $2,420 0.1323% 28 $158,612 14 17491 Irvine Blvd 5,704 1 1965 57 N/Av 0.0% 19 $938,265 $1,242 0.1323% 23 $77,290 15 17501 Irvine BIW 7,959 10 1965 57 N/Av 0.0% 28 $408,184 $540 0.1323% 32 $101,192 16 North Tustin Medical Ctr-175021rvine Blvd 7,532 5 1966 56 N/Av 0.0% 38 $1,208,931 $1,600 0.1323% 30 $135,742 17 Tustin Professional Plaza-17541 Irvine Blvd 5,440 5 1971 51 N/Av 0.0% 18 $1,365,176 $1,806 0.1323% 22 $111,527 18 175421n4ne BIW 10,386 8 1968 54 N/Av 0.0% 24 $609,258 $806 0.1323% 42 $180,930 19 International Plaza-17581 INne BlW 15,637 18 1972 50 $21.63 12.1% 55 $2,320,158 $3,070 0.1323% 63 $125,110 20 Wallin&Klarich Law Bldg.-17592 Irvine Blvd 10,000 1 1974 48 N/Av 0.0% 33 $1,812,010 $2,398 0.1323% 40 $177,550 21 Inane Plaza-17621 Inane BIW 21,011 15 1973/1992 49 $19.83 29.2% 70 $2,359,604 $3,122 0.1323% 84 $98,244 22 Bayside Professional Ctr-17632 INne BIW 13,821 20 1976 46 $19.84 6.95% 76 $1,270,840 $1,682 0.1323% 55 $86,473 23 Ashton Plaza-17662 INne BIW 12,000 22 1975/1985 47 N/Av 0.0% 70 $2,631,552 $3,482 0.1323% 48 $96,241 24 Sycamore Plaza-17671 Inane Blvd 32,776 24 19722014 50 $22.70 52.0% 75 $4,771,298 $6,313 0.1323% 131 $115,037 25 17702 INne BIW 7,058 10 1973 49 N/Av 0.0% 21 $1,378,825 $1,824 0.1323% 28 $80,267 26 17722 INne BIW 10,520 4 1975 47 N/Av 0.0% 21 $620,244 $821 0.1323% 42 $76,770 27 Magnolia Plaza-17731 Inane BIW 31,531 28 19732014 49 $22.20 23.2% 80 $4,985,739 $6,597 0.1323% 126 $91,279 28 17742 INne BIW 9,000 8 19732000 49 $22.20 16.7% 36 $772,911 $1,023 0.1323% 36 $116,178 29 Inane Prospect Bldg.-177721rvine Blvd 16,325 21 1975 47 $24.24 17.9% 40 $3,308,929 $4,378 0.1323% 65 $66,955 30 Tustin Bus.Ctr-17802117842 Irvine Blvd 44,948 57 197211984 54 $17.59 92.31% 134 $8,561,553 $11,329 0.1323% 12 $74,995 31 18001 Inane BIW 5,304 15 1965 57 N/Av 0.0% 11 $820,687 $1,086 0.1323% 21 $81,888 32 Loma Linda Building-18002 Irvine Blvd 26,568 30 1965 57 N/Av 37.0% 66 $2,630,274 $3,480 0.1323% 106 $80,817 33 18031 Inane BIW 8,974 22 1965 57 N/Av 0.0% 12 $696,041 $921 0.1323% 36 $74,901 34 18051 Inane BIW 5,133 5 1965 57 N/Av 0.0% 12 $1,489,760 $1,971 0.1323% 21 $74,231 35 Graceland Prof.Bldg.-18062 Inane BIW 14,445 18 1972 50 N/Av 0.0% 60 $2,207,765 $2,921 0.1323% 58 $68,954 36 18071 Inane BIW 3,165 1 1969 53 $25.20 100.0% 12 $1,050,126 $1,390 0.1323% 13 - 37 18091 Inane BIW 3,198 2 1968 54 N/Av 0.0% 10 $504,067 $667 0.1323% 13 $83,480 38 Vista Grande-18102 INne BIW 30,725 17 1979 43 $33.60 2.7% 80 $2,444,023 $3,234 0.1323% 123 $183,100 39 18111 Inane BIW 4,954 4 1965 57 N/Av 0.0% 20 $1,278,887 $1,692 0.1323% 20 $55,930 40 Milan Building-181211rvine Blvd 4,426 2 1964 58 N/Av 0.0% 21 $1,576,093 $2,085 0.1323% 18 $121,630 41 18141 Inane BIW 5,346 7 1964 58 N/Av 0.0% 18 $389,780 $516 0.1323% 21 $95,690 42 Tustin Town Center-18231 INne BlW 18,226 6 1985 37 N/Av 0.0% 70 $3,898,950 $5,159 0.1323% 73 $92,892 43 161 Fashion Ln 22,000 20 19782004 44 $22.25 12.3% 63 $3,658,960 $4,842 0.1323% 88 $77,895 44 Fashion Lane Financial Ctr-202 Fashion Ln 25,995 32 1974 48 $29.01 19.8% 88 $3,994,478 $5,285 0.1323% 104 $80,883 45 222 Fashion Ln 11,104 26 1973 49 N/Av 0.0% 37 $706,610 $935 0.1323% 44 $67,708 Source:Zonda,BLS;LoopNet,ZipRecruiter;NACS V. SUMMARY AND CONCLUSIONS City of Tustin X ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 16 V. SUMMARY AND CONCLUSIONS Our analysis indicates that the proposed Tustin Business Center Site project will result in $694,520 in direct fiscal revenue to Tustin during the first five years of the Project's planning, construction, initial home sales and commercial development, and $1,391,090 over the next 20 years. Moreover, we further estimate that the construction phase of the project will create and/or support approximately 60jobs, while the ongoing operation of the finished project and job losses from the loss of existing office tenants will generate a total of-6 net jobs. Additionally, the Tustin Business Center office property comprises 45,000 square feet, of which approximately 41,000 square feet is vacant; with 105,990 square feet of vacant space in the immediate area excluding the Subject, it appears there is sufficient vacant office space within other buildings surrounding the site to reasonably absorb any tenants that are occupying space In the Tustin Business Center currently. * * * * * * * * * * * * We appreciate the opportunity to conduct this analysis on your behalf and welcome any questions or comments you may have. City of Tustin Vv ZondaT. C/O INTRACORP SW, LLC October 28, 2022 Page 17 APPENDIX SUPPORTING DOCUMENTATION V. Zonda,. Exhibit TUSTIN BUSINESS CENTER SITE FISCAL IMPACT SUMMARY(2022-2041) Tustin,CA October 2022 TUSTIN BUSINESS CENTER SITE FISCAL IMPACT SUMMARY(2022-2026) Total 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 1 New Residential Project Property Tax Revenue $143,956 $0 $7,642 $44,541 $45,432 $46,341 $47,267 $48,213 $49,177 $50,161 $51,164 2 New Residential Project Residents'Spending $13,610 $0 $0 $4,403 $4,535 $4,671 $4,811 $4,956 $5,104 $5,258 $5,415 3 Permits and Fees $596,499 $60,000 $98,337 $438,162 $0 $0 $0 $0 $0 $0 $0 Minus Existing Building Property Tax Revenue $59,544 $11,442 $11,671 $11,904 $12,142 $12,385 $12,633 $12,885 $13,143 $13,406 $13,674 TOTAL $694,520 $48,558 $94,308 $475,202 $37,825 $38,627 $39,446 $40,283 $41,138 $42,012 $42,905 2022-2041 Total 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 1 New Residential Project Property Tax Revenue $961,371 $52,187 $53,231 $54,295 $55,381 $56,489 $57,619 $58,771 $59,947 $61,145 $62,368 2 New Residential Project Residents'Spending $103,096 $5,578 $5,745 $5,917 $6,095 $6,278 $6,466 $6,660 $6,860 $7,066 $7,278 3 Permits and Fees $596,499 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Minus Existing Building Property Tax Revenue $269,876 $13,808 $13,945 $14,085 $14,228 $14,373 $14,521 $14,673 $14,827 $14,984 $15,145 TOTAL $1,391,090 $43,956 $45,030 $46,128 $47,249 $48,394 $49,563 $50,759 $51,979 $53,227 $54,501 TUSTIN BUSINESS CENTER SITE 5-YEAR Tustin TUSTIN BUSINESS CENTER SITE NET PRESENT Tustin FISCAL IMPACT SUMMARY 2022-2026 Revenues VALUE OF 5-YEAR REVENUES 2022-2026 Revenues 1 New Residential Project Property Tax Revenue $143,956 1 New Residential Project Property Tax Revenue $119,094 2 New Residential Project Residents'Spending $13,610 2 New Residential Project Residents'Spending $11,195 3 Permits and Fees $596,499 3 Permits and Fees $524,838 Minus Existing Building Property Tax Revenue $59,544 Minus Existing Building Property Tax Revenue $51,460 TOTAL $694,520 TOTAL NPV 5%Discount Rate $603,667 TUSTIN BUSINESS CENTER SITE 20-YEAR Tustin TUSTIN BUSINESS CENTER SITE NET PRESENT Tustin FISCAL IMPACT SUMMARY 2022-2041 Revenues VALUE OF 20-YEAR REVENUES 2022-2041 Revenues 1 New Residential Project Property Tax Revenue $961,371 1 New Residential Project Property Tax Revenue $554,400 2 New Residential Project Residents'Spending $103,096 2 New Residential Project Residents'Spending $58,429 3 Permits and Fees $596,499 3 Permits and Fees $524,838 Minus Existing Building Property Tax Revenue $269,876 Minus Existing Building Property Tax Revenue $164,237 TOTAL $1,391,090 TOTAL NPV 5%Discount Rate $973,430 Source:Zon da,City of Tustin V. Zonda_ Exhibit 2A L l.7 Tustin Business Center Site-New Residential Property Tax Analysis Advisory Tustin,CA October 2022 Cost/Value Avg.Sale Price Units Square Feet In Today's$ 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Residential Sale Price/Home Value 40 1,983 $860,210 $868,812 $886,188 $903,912 $921,990 $940,430 $959,239 $978,424 $997,992 $1,017,952 $1,038,311 Cumulative Annual Home Sales $34,408,400 0 7 40 40 40 40 40 40 40 40 Total Home Revenue fValue $0 $6,203,318 $36,156,484 $36,879,614 $37,617,206 $38,369,550 $39,136,941 $39,919,680 $40,718,074 $41,532,435 Annual Appreciation Estimate(2.0%max per Prop.13) 2.0% 1.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% Assessment Ratio 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Assessed Value $34,408,400 $0 $6,203,318 $36,156,484 $36,879,614 $37,617,206 $38,369,550 $39,136,941 $39,919,680 $40,718,074 $41,532,435 Tax Rate Total Annual Tax Amount 0.0106873 $367,733 $0 $66,297 $386,415 $394,143 $402,026 $410,067 $418,268 $426,634 $435,166 $443,870 Orange County Primary Tax 0.0089000 $306,235 $0 $55,210 $321,793 $328,229 $334,793 $341,489 $348,319 $355,285 $362,391 $369,639 City of Tustin Primary Tax 0.0011000 $37,849 $0 $6,824 $39,772 $40,568 $41,379 $42,207 $43,051 $43,912 $44,790 $45,686 Tustin SFID 2002-1,2002 0.0001319 $4,538 $0 $818 $4,769 $4,864 $4,962 $5,061 $5,162 $5,265 $5,371 $5,478 Tustin Unified School District SFIDs(Combined) 0.0005204 $17,906 $0 $3,228 $18,816 $19,192 $19,576 $19,968 $20,367 $20,774 $21,190 $21,613 Metro Water D-MWDOC 0.0000350 $1,204 $0 $217 $1,265 $1,291 $1,317 $1,343 $1,370 $1,397 $1,425 $1,454 City of Tustin Total Property Tax Revenues 2022$ $42,388 $0 $7,642 $44,541 $45,432 $46,341 $47,267 $48,213 $49,177 $50,161 $51,164 0.0094554 0.0012319 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Residential Sale Price/Home Value $1,059,077 $1,080,259 $1,101,864 $1,123,901 $1,146,379 $1,169,307 $1,192,693 $1,216,547 $1,240,878 $1,265,695 Cumulative Annual Home Sales 40 40 40 40 40 40 40 40 40 40 Total Home Revenue fValue $42,363,084 $43,210,346 $44,074,553 $44,956,044 $45,855,165 $46,772,268 $47,707,713 $48,661,868 $49,635,105 $50,627,807 Annual Appreciation Estimate 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% Assessment Ratio 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Assessed Value $42,363,085 $43,210,347 $44,074,554 $44,956,045 $45,855,166 $46,772,269 $47,707,714 $48,661,869 $49,635,106 $50,627,808 Orange County Primary Tax $377,031 $384,572 $392,264 $400,109 $408,111 $416,273 $424,599 $433,091 $441,752 $450,587 City of Tustin Primary Tax $46,599 $47,531 $48,482 $49,452 $50,441 $51,449 $52,478 $53,528 $54,599 $55,691 Tustin SFID 2002-1,2002 $5,588 $5,699 $5,813 $5,930 $6,048 $6,169 $6,293 $6,419 $6,547 $6,678 Tustin Unified School District SFIDs(Combined) $22,046 $22,487 $22,936 $23,395 $23,863 $24,340 $24,827 $25,324 $25,830 $26,347 Metro Water D-MWDOC $1,483 $1,512 $1,543 $1,573 $1,605 $1,637 $1,670 $1,703 $1,737 $1,772 Tustin Business Center Site Total Property Tax Amount Over 20 Years $8,340,340 $452,747 $461,802 $471,038 $480,459 $490,068 $499,869 $509,867 $520,064 $530,465 $541,075 City of Tustin Total Tax Revenues Over 20 Years $961,371 $52,187 $53,231 $54,295 $55,381 $56,489 $57,619 $58,771 $59,947 $61,145 $62,368 City of Tustin Total Tax Revenues(Net Present Value) $554,400 Source:Zonda,City of Tustin Exbibit 2B V. Zonda_ Tustin Business Center-Current Buildings Property Tax Analysis Advisory Tustin,CA October 2022 Cost/Value Units Square Feet In Toda's$ 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Existing Building-17802 Irvine Blvd 28 22,474 $4,204,742 $4,246,789 $4,331,725 $4,418,360 $4,506,727 $4,596,861 $4,688,799 $4,782,575 $4,878,226 $4,975,791 $5,075,306 Existing Building-17802 Irvine Blvd 26 22,474 $4,356,811 $4,400,379 $4,488,387 $4,578,154 $4,669,718 $4,763,112 $4,858,374 $4,955,542 $5,054,652 $5,155,745 $5,258,860 Total 54 44,948 $8,561,553 $8,647,169 $8,820,112 $8,996,514 $9,176,444 $9,359,973 $9,547,173 $9,738,116 $9,932,879 $10,131,536 $10,334,167 Annual Appreciation Estimate(2.0%max per Prop.13) 2.0% 1.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% Assessment Ratio 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Assessed Value $8,561,553 $8,647,169 $8,820,112 $8,996,514 $9,176,444 $9,359,973 $9,547,173 $9,738,116 $9,932,879 $10,131,536 $10,334,167 Tax Rate Total Annual Tax Amount 0.0107786 $100,939 $101,948 $103,900 $105,890 $107,918 $109,986 $112,095 $114,245 $116,437 $118,672 $120,951 Orange County Primary Tax 0.0089000 $76,198 $76,960 $78,499 $80,069 $81,670 $83,304 $84,970 $86,669 $88,403 $90,171 $91,974 City of Tustin Primary Tax 0.0011000 $9,418 $9,512 $9,702 $9,896 $10,094 $10,296 $10,502 $10,712 $10,926 $11,145 $11,368 Tustin SFID 2002-1,2002 0.0002232 $1,911 $1,930 $1,969 $2,008 $2,048 $2,089 $2,131 $2,174 $2,217 $2,261 $2,307 Tustin Unified School District SFIDs(Combined) 0.0005204 $4,455 $4,500 $4,590 $4,682 $4,775 $4,871 $4,968 $5,068 $5,169 $5,272 $5,378 Metro Water D-MWDOC 0.0000350 $300 $303 $309 $315 $321 $328 $334 $341 $348 $355 $362 Special Assessment Charges $8,657 $8,744 $8,831 $8,920 $9,009 $9,099 $9,190 $9,282 $9,375 $9,468 $9,563 City of Tustin Total Property Tax Revenues 2022$ $11,329 $11,442 $11,671 $11,904 $12,142 $12,385 $12,633 $12,885 $13,143 $13,406 $13,674 0.0094554 0.0013232 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Existing Building-17802 Irvine Blvd $5,176,813 $5,280,349 $5,385,956 $5,493,675 $5,603,548 $5,715,619 $5,829,932 $5,946,530 $6,065,461 $6,186,770 Existing Building-17802 Irvine Blvd $5,258,860 $5,258,860 $5,258,860 $5,258,860 $5,258,860 $5,258,860 $5,258,860 $5,258,860 $5,258,860 $5,258,860 Total $10,435,673 $10,539,209 $10,644,816 $10,752,535 $10,862,409 $10,974,480 $11,088,792 $11,205,391 $11,324,321 $11,445,631 Annual Appreciation Estimate 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% Assessment Ratio 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Assessed Value $10,435,674 $10,539,210 $10,644,817 $10,752,536 $10,862,410 $10,974,481 $11,088,793 $11,205,392 $11,324,322 $11,445,632 Orange County Primary Tax $92,877 $93,799 $94,739 $95,698 $96,675 $97,673 $98,690 $99,728 $100,786 $101,866 City of Tustin Primary Tax $11,479 $11,593 $11,709 $11,828 $11,949 $12,072 $12,198 $12,326 $12,457 $12,590 Tustin SFID 2002-1,2002 $2,329 $2,352 $2,376 $2,400 $2,424 $2,450 $2,475 $2,501 $2,528 $2,555 Tustin Unified School District SFIDs(Combined) $5,431 $5,485 $5,540 $5,596 $5,653 $5,711 $5,771 $5,831 $5,893 $5,956 Metro Water D-MWDOC $365 $369 $373 $376 $380 $384 $388 $392 $396 $401 Special Assessment Charges $9,754 $9,950 $10,148 $10,351 $10,558 $10,770 $10,985 $11,205 $11,429 $11,657 Tustin Business Center Site Total Property Tax Amount Over 20 Years $2,396,664 $122,236 $123,547 $124,885 $126,249 $127,640 $129,059 $130,507 $131,983 $133,489 $135,025 City of Tustin Total Tax Revenues Over 20 Years $269,876 $13,808 $13,945 $14,085 $14,228 $14,373 $14,521 $14,673 $14,827 $14,984 $15,145 City of Tustin Total Tax Revenues(Net Present Value) $164,237 Source:Zonda,City of Tustin X Exhibit 3 X Zonda- Tustin Business Center Site Residents'Spending Propensities Tustin,CA October 2022 Table 3133.Average annual expenditures and characteristics,Consumer Expenditure Survey,2020 Household Income Ranges $50,000 $70,000 $100,000 $150,000 $200,000 to to to to and Average Annual Household Expenditures $69,999 $99,999 $149,999 $199,999 more Food $6,026 $7,475 $9,901 $11,002 $14,066 Food At Home $4,088 $5,044 $6,538 $6,996 $8,883 Food Away(Restaurants) $1,938 $2,432 $3,364 $4,006 $5,183 Alcoholic Beverages $350 $444 $610 $1,228 $1,261 Household Furnishings and Equipment $1,793 $2,396 $2,909 $4,042 $7,002 Apparel and Services $1,208 $1,145 $2,037 $2,276 $3,405 Transportation $9,225 $11,098 $14,888 $14,404 $19,397 Vehicle Purchases(net outlay) $4,044 $4,940 $7,785 $6,619 $9,804 Gasoline,Other Fuels,and Motor Oil $1,658 $1,859 $2,054 $2,179 $2,258 Other Vehicle Expenses $3,300 $4,069 $4,720 $5,014 $6,469 Public and Other Transportation $223 $230 $329 $593 $866 Entertainment $2,004 $2,694 $4,331 $5,236 $7,654 Personal Care Products and Services $539 $652 $934 $961 $1,400 Tobacco Products and Smoking Supplies $367 $351 $305 $250 $190 Miscellaneous $759 $1,059 $1,186 $1,656 $1,750 Source:BLS $50,000 $70,000 $100,000 $150,000 $200,000 to to to to and Household Income Ranges $69,999 $99,999 $149,999 $199,999 more Est.Mix of Tustin Business Center Site Households 5% 0% 0% 83% 13% Est.Number of Tustin Business Center Site Households 2 0 0 33 5 X Exhibit 3 X Zonda- Tustin Business Center Site Residents'Spending Propensities Tustin,CA October 2022 TUSTIN BUSINESS CENTER SITE RESIDENTS'ANNUAL RETAIL SPENDING PROPENSITIES $50,000 $70,000 $100,000 $150,000 $200,000 to to to to and Average Annual Household Expenditures $69,999 $99,999 $149,999 $199,999 more TOTAL Food $12,052 1 $363,066 $70,330 $445,448 Food At Home $8,176 $ $ $230,868 $44,415 $283,459 Food Away(Restaurants) $3,876 $ $ $132,198 $25,915 $161,989 Alcoholic Beverages $700 $ $ $40,524 $6,305 $47,529 Household Furnishings and Equipment $3,586 $ $ $133,386 $35,010 $171,982 Apparel and Services $2,416 $ $ $75,108 $17,025 $94,549 Transportation $18,450 1 $475,332 $96,985 $590,767 Vehicle Purchases(net outlay) $8,088 $ $ $218,427 $49,020 $275,535 Gasoline,Other Fuels,and Motor Oil $3,316 $ $ $71,907 $11,290 $86,513 Other Vehicle Expenses $6,600 $ $ $165,462 $32,345 $204,407 Public and Other Transportation $446 $ $ $19,569 $4,330 $24,345 Entertainment $4,008 $ $ $172,788 $38,270 $215,066 Personal Care Products and Services $1,078 $ $ $31,713 $7,000 $39,791 Tobacco Products and Smoking Supplies $734 $ $ $8,250 $950 $9,934 Miscellaneous $1,518 $ $ $54,648 $8,750 $64,916 TOTAL RETAIL EXPENDITURES $2020 $44,542 $ $ $1,354,815 $280,625 $1,679,982 TUSTIN BUSINESS CENTER SITE RESIDENTS'ANNUAL RETAIL SPENDING PROPENSITIES(IMTHIN TUSTIN) Tustin to to to to and Average Annual Household Expenditures Capture $29,999 $39,999 $49,999 $69,999 more TOTAL Food $5,057 1 $148,484 $28,686 $182,227 Food At Home 50% $4,088 $ $ $115,434 $22,208 $141,730 Food Away(Restaurants) 25% $969 $ $ $33,050 $6,479 $40,497 Alcoholic Beverages 10% $70 $ $ $4,052 $631 $4,753 Household Furnishings and Equipment 10% $359 $ $ $13,339 $3,501 $17,198 Apparel and Services 25% $604 $ $ $18,777 $4,256 $23,637 Transportation $8,218 $ $ $211,878 $43,938 $264,034 Vehicle Purchases(net outlay) 50% $4,044 $ $ $109,214 $24,510 $137,768 Gasoline,Other Fuels,and Motor Oil 25% $829 $ $ $17,977 $2,823 $21,628 Other Vehicle Expenses 50% $3,300 $ $ $82,731 $16,173 $102,204 Public and Other Transportation 10% $45 $ $ $1,957 $433 $2,435 Entertainment 20% $802 $ $ $34,558 $7,654 $43,013 Personal Care Products and Services 50% $539 $ $ $15,857 $3,500 $19,896 Tobacco Products and Smoking Supplies 50% $367 $ $ $4,125 $475 $4,967 Miscellaneous 25% $380 $ $ $13,662 $2,188 $16,229 TOTAL RETAIL EXPENDITURES $2020 $16,394 $ $ $464,731 $94,829 $575,954 TOTAL RETAIL EXPENDITURES($2020)MINUS $391,211 FOOD AT HOME&ENTERTAINMENT Zrxhibit 3 Zonda- Tustin Business Center Site Residents'Spending Propensities Tustin,CA October 2022 TOTAL SALES TAX REVENUES FROM TUSTIN BUSINESS CENTER SITE RESIDENTS(2022-2026) Tustin Business Center Site Hypothetical Sales Start Spending Hypothetical Hypothetical (Nov.2023) Tax Rate 2024-2026 2020 2021 2022 2023 2024 2025 2026 Potential Annual Household Expenditures $1,360,958 $440,311 $453,521 $467,126 Total Retail Sales Tax Revenues 7.75% $105,474 $34,124 $35,148 $36,202 State Tax Revenues(Rate*Taxable) 6.00% $81,657 $26,419 $27,211 $28,028 County Tax Revenues(Rate*Taxable) 0.75% $10,207 $3,302 $3,401 $3,503 Tustin Sales Tax Revenues 1.00% $13,610 $4,403 $4,535 $4,671 2027 2028 2029 2027 2028 2029 2030 2031 2032 Potential Annual Household Expenditures $481,140 $495,574 $510,441 $525,755 $541,527 $557,773 $574,506 $591,742 $609,494 Total Retail Sales Tax Revenues $37,288 $38,407 $39,559 $40,746 $41,968 $43,227 $44,524 $45,860 $47,236 State Tax Revenues(Rate*Taxable) $28,868 $29,734 $30,626 $31,545 $32,492 $33,466 $34,470 $35,504 $36,570 County Tax Revenues(Rate*Taxable) $3,609 $3,717 $3,828 $3,943 $4,061 $4,183 $4,309 $4,438 $4,571 Tustin Sales Tax Revenues $4,811 $4,956 $5,104 $5,258 $5,415 $5,578 $5,745 $5,917 $6,095 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Potential Annual Household Expenditures $627,779 $646,612 $666,010 $685,991 $706,570 $727,767 $749,600 $772,088 $795,251 $819,109 Total Retail Sales Tax Revenues $48,653 $50,112 $51,616 $53,164 $54,759 $56,402 $58,094 $59,837 $61,632 $63,481 State Tax Revenues(Rate*Taxable) $37,667 $38,797 $39,961 $41,159 $42,394 $43,666 $44,976 $46,325 $47,715 $49,147 County Tax Revenues(Rate*Taxable) $4,708 $4,850 $4,995 $5,145 $5,299 $5,458 $5,622 $5,791 $5,964 $6,143 Tustin Sales Tax Revenues $6,278 $6,466 $6,660 $6,860 $7,066 $7,278 $7,496 $7,721 $7,953 $8,191 TOTAL RETAIL EXPENDITURES OVER 20 YEARS $13,445,688 Total Retail Sales Tax Revenues Over 20 Years $1,042,041 Tustin Sales Tax Revenues Over 20 Years $134,457 Tustin Sales Tax Revenues Over 20 Years(NPV) $75,949 Source:Zonda,City of Tustin Exhibit 4A V. Zonda.M Tustin Business Center Site Permits and Fees Tustin,CA October 2022 PERMIT FEES Plan Permit Elec.,Mech., TOTAL FEES Building Type Units Review Fee Plumbing PERMIT FEES PER UNIT Residential Units 40 $2,331.40 $3,330.57 $350.00 $240,479 $6,012 TOTAL 40 $2,331.40 $3,330.57 $350.00 $240,479 $6,012 Source:Zonda,City of Tustin IMPACT FEES Fees Feesto Feesto Description Per Unit Units Subtotal City of Tustin City per Unit New Construction Fees $350 40 $14,000 $14,000 $350 Park Fees* $0 40 $0 $0 $0 School District Fees $9,556 40 $382,242 $0 $0 Transportation Corridor Fees $4,310 40 $172,400 $0 $0 Affordable Housing Fees $6,901 40 $276,020 $276,020 $6,901 Total: $21,117 40 $844,662 $290,020 $7,251 *Note:Tustin charges a Park Fee but that value has not been determined at this time. Source:City of Tustin NOT USED-REVENUE DOES NOT GO TO CITY UTILITY FEES Fees Description Per Unit Units Subtotal Residential Fee-Water $2,600 40 $104,000 Residential Fee-Sewer $2,469 40 $98,760 Utility Fees Total: $202,760 Source:East Orange County Water District Exhibit 4B /. Zo nda,M Tustin Business Center Site Permits and Fees Tustin,CA September 2022 Estimated Estimated Timing Description Fees Notes Number Subtotal 2022 2023 2024 Conditional Use Permits and Amendments 1.Major $5,000 Deposit 1 $5,000 $5,000 2.Minor $2,500 Deposit $0 3.ABC License $1,000 Deposit $0 4.Soil Remediation $1,000 Deposit $0 5.Amendment to Conditions of $1,000 Deposit $0 6.Administrative Amendment $500 Deposit $0 7.Time Extensions $250 Fee $0 8.Code Amendment $10,000 Deposit $0 Design Reviews and Amendments 9.Major $5,000 Deposit 1 $5,000 $5,000 10.Minor(New) $2,500 Deposit $0 11.Minor Remodel $1,000 Deposit $0 12.Amendment to Conditions o $500 Deposit $0 13.Time Extensions $250 Fee $0 14.Concept Plan Review $5,000 Deposit $0 15.Preliminary Review $2,000 Deposit $0 Environmental 16.EIR $20,000 Deposit 1 $20,000 $20,000 17.Supplemental/Addendum E $10,000 Deposit $0 18.Neg.Declaration $2,500 Deposit $0 19.Initial Study $1,000 Deposit $0 20.Notice of Completion Actual Cost $0 Document Fees 21.Black and White Copy $0.10 Per Page 22.Color Copy $0.30 Per Page 23.Other Plans and Maps Actual Cost Zoning Administrator Review 24.Admin.Adjustment/Minor A $500 Deposit $0 General Plan Amendments 25.Major General Plan Amendr $10,000 Deposit 1 $10,000 $10,000 26.Minor General Plan Amendr $5,000 Deposit $0 27.Land Use Map $5,000 Deposit 1 $5,000 $5,000 28.Legal Review and Outside Consultants Actual Cost Specific Plan Amendments 29.Major Specific Plan Amendr $5,000 Deposit $0 30.Minor Specific Plan Amendr $2,500 Deposit $0 Exhibit 4B /. Zo nda,M Tustin Business Center Site Permits and Fees Tustin,CA September 2022 Estimated Estimated Timing Description Fees Notes Number Subtotal 2022 2023 2024 Subdivisions and Amendments 31.Tentative Tract/Parcel Map $5,000 Deposit 1 $5,000 $5,000 32.Final Tract Map $2,500 Deposit 1 $2,500 $2,500 33.Final Parcel Map $2,500 Deposit $0 34.Lot Line Adjustment $2,500 Deposit $0 35.Lot Merger $2,500 Deposit $0 36.Reversion to Acreage $500 Deposit $0 37.Certificate of Compliance $1,000 Deposit $0 38.Amendments to Conditions $1,000 Deposit $0 39.Time Extension $250 Fee $0 40.Master Association DOCUmE $3,000 Deposit 1 $3,000 $3,000 Temporary Uses 41.Temporary Use Permit $250 Fee $0 42.Large Gathering Permit $1,000 Deposit $0 43.Time Extension $120 Fee $0 44.Film Permit $500 Fee $0 45.Reasonable Accommodatio $500 Fee $0 46.Temporary Sign Permit $110 Fee $0 47.Master Sign Program $500 Deposit 1 $500 $500 48.Sign Code Exception $500 Fee $0 Variances and Amendments,Use Determinations,Development Agreements and Appeals 49.Major Variance $5,000 Deposit $0 50.Minor Variance $1,000 Deposit $0 51.Amendments to Conditions $1,000 Deposit $0 52.Time Extensions $250 Fee $0 53.Zone Change $10,000 Deposit 1 $10,000 $10,000 54.Use Determination $500 Deposit $0 55.Development Agreements $5,000 Deposit $0 56.Appeals $1,000 Deposit $0 Planning Review of Building Plan Check Submittals 57.New Construction 20% of Permit Fee 58.Remodel/Tenant Improvem 20% of Permit Fee 59.Landscape Plan Review 20% of Permit Fee Planning Division Total: $66,000 1 $60,000 $5,500 $500 Source:City of Tustin Exhibit 4B X Zonda. Tustin Business Center Site Permits and Fees Tustin,CA September 2022 Estimated Estimated Timing Description Fees Notes Number Subtotal 2022 2023 2024 Conditional Use Permits and Amendments 1.Major $5,000 Deposit 1 $5,000 $5,000 2.Minor $2,500 Deposit $0 3.ABC License $1,000 Deposit $0 4.Soil Remediation $1,000 Deposit $0 5.Amendment to Conditions of $1,000 Deposit $0 6.Administrative Amendment $500 Deposit $0 7.Time Extensions $250 Fee $0 8.Code Amendment $10,000 Deposit $0 Design Reviews and Amendments 9.Major $5,000 Deposit 1 $5,000 $5,000 10.Minor(New) $2,500 Deposit $0 11.Minor Remodel $1,000 Deposit $0 12.Amendment to Conditions o $500 Deposit $0 13.Time Extensions $250 Fee $0 14.Concept Plan Review $5,000 Deposit $0 15.Preliminary Review $2,000 Deposit $0 Environmental 16.EIR $20,000 Deposit 1 $20,000 $20,000 17.Supplemental/Addendum E $10,000 Deposit $0 18.Neg.Declaration $2,500 Deposit $0 19.Initial Study $1,000 Deposit $0 20.Notice of Completion Actual Cost $0 Document Fees 21.Black and White Copy $0.10 Per Page 22.Color Copy $0.30 Per Page 23.Other Plans and Maps Actual Cost Zoning Administrator Review 24.Admin.Adjustment/Minor A $500 Deposit $0 General Plan Amendments 25.Major General Plan Amendr $10,000 Deposit 1 $10,000 $10,000 26.Minor General Plan Amendr $5,000 Deposit $0 27.Land Use Map $5,000 Deposit 1 $5,000 $5,000 28.Legal Review and Outside Consultants Actual Cost Specific Plan Amendments 29.Major Specific Plan Amendr $5,000 Deposit $0 30.Minor Specific Plan Amendr $2,500 Deposit $0 Exhibit 4B X Zonda,M Tustin Business Center Site Permits and Fees Tustin,CA September 2022 Estimated Estimated Timing Description Fees Notes Number Subtotal 2022 2023 2024 Subdivisions and Amendments 31.Tentative Tract/Parcel Map $5,000 Deposit 1 $5,000 $5,000 32.Final Tract Map $2,500 Deposit 1 $2,500 $2,500 33.Final Parcel Map $2,500 Deposit $0 34.Lot Line Adjustment $2,500 Deposit $0 35.Lot Merger $2,500 Deposit $0 36.Reversion to Acreage $500 Deposit $0 37.Certificate of Compliance $1,000 Deposit $0 38.Amendments to Conditions $1,000 Deposit $0 39.Time Extension $250 Fee $0 40.Master Association DOCUmE $3,000 Deposit 1 $3,000 $3,000 Temporary Uses 41.Temporary Use Permit $250 Fee $0 42.Large Gathering Permit $1,000 Deposit $0 43.Time Extension $120 Fee $0 44.Film Permit $500 Fee $0 45.Reasonable Accommodatio $500 Fee $0 46.Temporary Sign Permit $110 Fee $0 47.Master Sign Program $500 Deposit 1 $500 $500 48.Sign Code Exception $500 Fee $0 Variances and Amendments,Use Determinations,Development Agreements and Appeals 49.Major Variance $5,000 Deposit $0 50.Minor Variance $1,000 Deposit $0 51.Amendments to Conditions $1,000 Deposit $0 52.Time Extensions $250 Fee $0 53.Zone Change $10,000 Deposit 1 $10,000 $10,000 54.Use Determination $500 Deposit $0 55.Development Agreements $5,000 Deposit $0 56.Appeals $1,000 Deposit $0 Planning Review of Building Plan Check Submittals 57.New Construction 20% of Permit Fee 58.Remodel/Tenant Improvem 20% of Permit Fee 59.Landscape Plan Review 20% of Permit Fee Planning Division Total: $66,000 1 $60,000 $5,500 $500 Source:City of Tustin Ezbibit 5 V. Zond Q., ORice Inventory Analysis-Irvine all TusS n,CA September 2822 Map Year Age of Lease Rate Current Vacancy Parking Assessetl 2021 Taxes Paipto Nap Builtling Name Add- SF pCfices Year Built Rent Bu'Il SFIYear ISE availableltotal SFl Spaces Value Cih of Tustin Taz Rat Brcirtssc "o 1" Aw Sal- NAICS Cope 1 14841 Yorba St 14841 Yorba St 10,179 7 1923 1985 99 N/Av o0% 27 $2,452,238 $3,245 9.1323%EEC Management Consulting $198,839 54181 M ichael Leme,,LM FT Manage&Family Theapist $55,789 824199 Le mer Conflict Ad,,I,ton Cent., Nakamoto,Fd bid&Liu,LLP Lawyers $177,559 541119 OMS Support Ell,Adv isory Gaup Personal Financial Ad-, $114,889 523939 The CLlve,Gmup Land Survey&Constructor Mg. $119,499 238229 Wi 2 Ganaoa Plaza A/B 172911rvine Blvd 47,884 32 1979 2913 52 $25.29 90% 165 $2,394,929 $3,188 9.1323%818 Skinare St,dd Skin,are Specialist $41,139 81211 Ad Com,B&CTax Service Tax Prepare, $57,060 541299 Alan L oamell,Inc LbMb,,(Esbtb Planning) $177,559 541119 Al Busbmant. Psychologist $122,179 821339 A-Mo bid, Real Esbtb Agent $74,329 531219 Associatetl Accountng Accountng $39,799 541299 Associatetl Press News Analyst,Reports,Journalist $61,030 511119 AtNork Personnel A,-tng/Stiffing Agenry $77,299 5 613 11 Axiom Finanoal&In su once Solutons Personal Financial Ad-, $114,889 523939 Bonaventrre Real Esbtb Agent $74,329 531219 Cambell Speech TheaSp- ,h Spch Theapy $199,539 621349 Chosen Payment,OC,Inc. Credit Card Merchant Pacessing Services $53,339 522329 Consortium Eguiry Mor(gage Lentlea $77,289 522319 Cbil"_Financial Molgage Len oea $77,289 522319 Daniel S.March LbM-,(Debt Reldf) $177,559 541119 oisab,liry Right,CaliPomia Government Pagams $55,930 921119 GUEx ConstrucOnn $64,360 236229 Ehab Hanna,MG Psychlatris[ $305320 62 11 12 Employnet Recruitng/Sbffing Agency $77,299 561311 Equinox Real Estate Gmup Real Esbtb Agent $74,329 531219 Esbtb Risk Management Lawyers(Esbtb Planning) $177,559 541119 Fanners lnsuance Insuance Sales Agent $73,539 524219 Geo Spector Consultng Engineers Geologi dl Engineers $134,429 541339 Ganieroesigns Interior Designer $63,739 541419 Greater Porotic Construction Construction Managers $119,490 236229 H em Marketng Marketng $76,779 541613 Homes by Yaa Real Esbtb Agent $74,329 531219 In the Light Amusement&Recreation J&Alnsuance Serviss Insuance Sales Agent $73,539 524219 J's l nuance Agency Insuance Sales Agent $73,539 524219 Page 1 of 14 .i Bzbibit 5 V. ZQnda.,, ORice Inventory Analysis-Irvin.Blvtl. TNsSn,CA September 2022 Map Vear Age. Lease Rate Current Vacancy Parking Assessed 2021Tazes Paidtg N.9 Building Name Address SF #Mo.Y.,Built Rengvatetl Builtlinp SFlyear ISFavailablelt.al SIF) Spaces Value Ci"of Tustin Taz Rap B.i.. Intlustry AwSalary NAICSCotle Jaffa Tabares Real Esbte Agent $74,329 531219 J effay Miller Chiapactor $33,119 921319 Jocelyn R Shiamoto,LCSW Psychologist $122,179 921339 Journey T-d-d Recovery Psychologist $122,179 921339 Karen Beckman,Attu mey at Law Lawyers $177,559 541119 Katayama USA LLC Wd,le,ale $99,779 425129 Kimberly PdUd,Ganle, Interior Designer $93,739 541419 Ko&Lee CPA,Cory. Tax Prepare, $57,999 541299 Law Office of Bethanie L Fan, Lawyers $177,559 541119 Law Office of Paul Barba Lawyers $177,559 541119 Law Offices d Daniel S.March Lawyers $177,559 541119 Law Offices d Sally Anne Cos Lawyers $177,559 541119 Michael Smitlr,MFT Theapist $99,299 921339 M lllennium Houses antl Estates Real Estate Agent $74,329 921319 Mindful O,est Rela,onship Counseling Manage&Family Theapist $55,799 924199 Mo-&Co.CPA's Accu un,ng $39,799 541299 Mul,Team Services Recrul,ng/Staffing Agent, $77,299 591311 Nunez Coryoa,on Real Estate Agent $74,329 921319 0he Fiffh Rnanoal Personal Financial Ad-, $114,999 523939 Onsul,Inc Wholes-ale $99,779 425129 Oanoos Al-and Prychotheapy Psychologist $122,179 921339 Orion Consul,ng Tax Prepare, $57,999 541299 Osbo me Homes Home Buyers $124,459 531399 Pacific Law Gaup Lawyers $177,559 541119 Personal Financial Services,Inc.Jon A Mi Personal Financial Ativisory $114,999 523939 Paula Dllsave,,CPA Tax Prepare, $5/999 541299 Paw J.Barba,Ati-eyat Law LaMea $177,559 541119 Ed,A Mundt LMFT Psychologist $122,179 921339 Peaceful Ativisory Personal Financial Ativisory $114,999 523939 Poten,a Auto Reg-t-Services Veh lde Regista,on Services $42,455 312999 PRSE,nc Pu re Lavish Events Event planning $95,919 591929 Remedy Payment Solutions Personal Financial Adv $114,999 523939 Rice NO Magas,Attorney at Law Lawyers $177,559 541119 RSCA Califomla,Inc Home Care $31,259 921919 SIIve,En,-d Inc. Insuance Sales Agent $73,539 524219 Smart Remarketing Marke,ng $79,779 541913 Smith Psychotheapy Psychologist $122,179 921339 S,CaI PTC,LLC Phy-IT $94,949 921349 S,CaI Surrogacy Inc. Sunoga t,Consulting $33,325 921419 SSRB,LLC Accoun,ng $39,799 541299 S[Clai,lnve-ents Pm perry Management $77,299 53131 Slephanie Sulea,LMFT Psychologist $122,179 921339 Tawnya L Coleman Interior Design Interio,Designe, $93,739 541419 Tena Fi- Personal Financial Ativisory $114,999 523939 The Maslefs P,g-P,d,ty Living The Perfect Workout Personal Taming $52,99139 312999 Todd Schaus CPA Accoun,ng $39,7 541299 Toolshack Sal-company $75,559 454399 T State Intermodal TanspoRa,on and Material Moving $43,399 4AU 19 Tri dent Management LLC Pm perry Management $77,299 53131 USA Direct Mortgage,Inc MMEdge Lendea $77,299 522319 U SA TAA Service Tax Prepare, $5/,999 541299 Y,de,Development Papetty Management $77,2go 53131 Page 2 of 14 Ezbibit 5 V. Zonda. ORice Inventory Analyaia-Irvin.all TuaSn,CA - September 2822 Map Year A'l Lease Rate Current Vacancy Parking Assessetl 2021 Taaes Paitl to NON Builtling Name Add- SF tl Ofices Year Built RenoMetl Builtling SFIYear ISFavailableltotal SFl Spaces Value City of Tustin Taz Rat Sosirrssc 'd.e. Aw Said, NAICS Cotle 3 RE.Source Builtling 17321 1,,,d Blvd 12,929 13 1- - 46 $13.99 30% 23 $1,798,233 $2,253 9.1323%Fanners ln..a nce I..urz.ce Sales Agent $73,539 524219 Evergreen Salesc0..... $75,559 454399 Real Esbte Source Luis Crescitelli Real Esbte Agent $74,329 621319 Villa Properties Real Esbte Agent $74,329 621319 Evelina Pe.tcheva Ph0togrzpher $51,349 541929 M00va00.Day Cory G.,p,Rarael De Ins Sa.e,s Haag Networking Computer Repair $43,199 311212 Laura Fema.tlez Tto Ecbevama Dental Lab0rztories $47029 339116 4 M,djeska Builtling 17332 1,,,d Blvd 25,592 30 1972 - 50 $13.37 00% 53 $3,962,616 $4,952 9.1323%Mega.utra,lnc Wbolerale $96,779 425129 IPS Group Brotle D.Gleit,Attorney at Law Lawyers $177,550 541119 Burgeon Coaching Therapist $90,200 621339 C&C Merzz Ph0t0grzphy Ph0togrzpher $51,349 541920 Ameryrise Financial Services Finanoal Serviss $114,669 523939 Sterling Wealtlr Partners,LLC Finanoal Serviss $114,669 523939 Soleil Communia00ns Inc Freight Shipping $52,639 434121 Oange County Japanese Amerian Ass0i G0vemmen[Progams $55,930 921119 Hospice Nurse $116,110 621619 Michael R.Hershbai.Bookkeeping&Tax A.....0.g $39,700 541200 Tansamerica Financial Advis0rs Finanoal Services $114,660 523930 Preterretl Properties Property Management $77,290 53131 B"",Reporting Rep0rti.g(frz.sla00n,court reporters) $71,370 561492 FESAcc0unOng&Tas Serviss A.....0.g $39,700 541200 Youth Talent C0..c00n Youth Talent Agent $132,660 711410 Smart Coverage Choice I..urznce I..urzn,,S, Agent $73,530 524210 007 Business Agent,LLC COmerstone Clmpractic Tustin Chiropractor $33,110 621310 Oa ge County Designers Graphic Desig ner $63,100 541430 Coast to Coast Fu.tli.g M0r(gage L"d $77,260 522310 Anchor Bay Capibl Fi.a.oal sdIlIdS $114,660 523930 J Negri.0&Ag0ciates Mgrnt Consulting $106,630 54161 Unlimitetl Commercial Services Cleaning $42,460 561720 Schmitl Ranches,LLC M Oii lnsuance I..uance Sales Aoe.t $73,530 524210 5 Samaa Builtling 173411rvine Blvd 10,172 10 1966 - 56 N/Av 00% 34 $2,053,266 $2717 0.1323%Tansunitetl Financial M0r(gage Len tlers $77,260 522310 Sylvia Lopez Kha til Law Group Lawyers $177,550 541110 Eagle Pacific Finanoal Finanoal Services $114,660 523930 R&J AdveRis.g Advertising $77,730 541310 6 17371 1,,,d Blvd 17371 1,,,d Blvd 6,934 7 1979 - 43 N.v 00% 22 $1,134,161 $1,567 0.1323% I.[erpre0.g $71,370 541930 Lawyers $177,550 541110 Social Work $31,660 624190 Page 3 of 14 Ezbibit 5 V. ZQnda.. ORice Inventory Analysis-Irvin.all TusSn,CA September 21122 Map Vear Agedf Lease Rate Current Vacancy Parking Assessetl 2021 Taxes Paioto Noe Building Name Aod- SF tl Cfices Year Built Renovatetl Builtling SFIYear ISFavailableltotal SFl Spaces Value CiN of Tustin Taz Rat Businesses Intl- An Sal., NAICS Cotle 7 O&E Medical Center 17499 Irvine Blvd 17,594 10 1983 - 54 $2940 22.3% 96 $4,349,723 $8,417 9.1323%Nanry Mostzan,DDS Dd,tdt $151,549 621219 : Ma nuel Perez 3 O0 Cerima: Dental Laboratories $47,020 339118 Quvnel Nguyen DDS Deno:[ $151,540 021210 Jad:Pal DDS Dentis[ $151,540 021210 Dr.Kanthi Appannagari Allure Dental Spa Medical Spa $92,093 312199 Khaldoun A Debian,MD,Won K.Y,MD,Ga:troenR-gy $442,772 021111 Peter R Teng,DDS Dentis[ $151540 021210 Chahes Baik DPM Tustin Podiatry Clinic Potliatry $133,100 021391 Valeria Kozak,MD Pediatrician $173,300 021111 Jd,k Pia:ecki M D Orthopedics Orthopedi6 $273,930 021111 La Belle Medial Spa Metlial Spa $92,093 312199 Better Urgen[Care&Wellness Physicians $235,930 021111 Cua Pharmacy Phannad:t $130,950 440110 119 Rancho Sllverzdo West 174011rvine Blvd 5,034 14 1905 - 57 $2040 00% 19 $1,270,559 $1,031 0.1323%Ativanced Component Technology Electroni6 Services $43,700 311211 Rancho Slveatlo East 174111rvine Blvd 5,034 14 1905 - 57 $2040 17.0% 19 $1,312,373 $1,737 0.1323%Choice Calib,dtion Vehide Calibrz0on Services $43,340 311113 Linda McFadden M anlage and Fa roily Thera pint $55,700 024190 Gruenau Bookkeeping Service Bookkeeping $50,470 541200 Gulaya Suresh Lawyers $177,550 541110 ne Family Mortgage Mortgage Lender: $77,200 522310 JLSIn come Tas&Bookkeeping Tax Prepare, $57,000 541200 K keln:urznc.Agenry I n:urzn d Sales Agent $73,530 524210 Naha:Yasin Law Group Lawyers $177,550 541110 ZohRhJodali AccounOng $39,700 541200 Bluewin Trzn:po Rz0on $45,330 435999 - Foothill Realty Real E:bte Agent $74,320 021310 Helton OefoN&AgociaNs Architec6 $30,340 541300 J ere Hong Real E:bte Agent $74,320 021310 J,Adles Pond Di4rlbutors $47409 424490 Kerstyn Realty Real E:bte Agent $74,320 021310 LaBelle A-ening Service Tel ecommunia0on. $00,330 517919 Red Oak Crea0on Mgm[Con:ulting $100,030 54101 Seaview M ortgag e Mortgage Lenders $77,200 522310 Vision Perfonmance Optometric Cenfe,-70ptomet- $120,010 021320 Britt Zoolalian Law Office Lawyers $177,550 541110 Gu0enez ln:urznce&Tax Services I.:..dote Sales Agent $73,530 524210 Promontory Pools Pool Contractors&Sales $119,490 233990 Tammy Cleadv P:ycholooi:t $122.170 021330 10 17421 I-e Blvd 17421 I-e Blvd*SF E,t,-ted 4,000 1 1900 - 50 N.v 00% 21 $092,029 $910 0.1323%Metro I", -Se,- In:urznce $73,530 524210 11 17452 I-e Blvd 17452 I-e Blvd 10,335 9 1903 2013 54 $21.00 13.0% 00 $2,207,247 $3,000 0.1323%Leff-e Lee MD,DMD DenOst $130,930 021210 M CE Con:ultan6,Inc Cvil Engineer $103,000 237990 Ale:anyan Law Group Lawyers $177,550 541110 AA PS of California Nonprofit 313410 Home-paq Realty Real E:bte Agent $74,320 021310 G1 Stiffing Recrui0ng/Stiffing Agenry $77,290 501311 The Health Mind Center Psychiatrist $305,320 021112 T Group Inc Recrui0ng/Stiffing Agenry $77,290 501311 Barb-A-en ldd,Chad Ang-MFTPsychologist $122,170 021330 Page 4 of 14 Exhibit MINI V. Zond Q., ORice Inventory Analysis-Irvin.all TusBn,CA -.�.rr.-. BePtemher 2822 Map Vear Ageof Leae Rate Current Vacancy Parking Assessetl 2021 Taxes Paitlto -Buill Name Add- SF tl Ofices Year Built Rencvatetl Builtlinc SFIYear fSFavaI leltotal5F1 Spaces Value CiN of Tustin Taz Rat Busincsc Intlustry Aw Salary NAICS Cotle 12 Coronatlo B,,Id,,g 174611,vine Blvd 14,555 25 1000 - 53 $23.20 50% 00 $2,500,411 $3,430 0.1323%Acceleatbd Technial L[tl Computer Repair $43,100 311212 GOlbch Realty Real Esbte Agent, $74,320 021310 Alice B Marshall Attorneys Lawyers $177,550 541110 Gu0enez Tax Service Tax Prepare, $57,000 541200 Suan M"I Pry0 Psychiatrist $305,320 021112 C4 Youth Services Rojas Bookkeeping 7 Tax Service Tax Prepare, $57,000 541200 Law Office of Charles M artin Lawyers $177,550 541110 John Ru 1,Id Ta,Advis,, Mgrnt Consulting $100,030 54101 Rebeca Beat0e Tax Services Tax Prepare, $57,000 541200 Vijay Makhija Tax Services Acc...t,, $30,700 541200 Westbby Healtlr,are Practice IT Compute,Repair $43,100 311212 Ellenneye,Cannect Employment Cansulbnt $77,200 501320 California Commercial Ativisors Real Esbb Agent, $74,320 021310 Kintle,&Assooates I nsurznce Sales Agent $73,530 5 242 10 Entb p"b Mt Cory Accou.OnI, $30,700 541200 Phan&Truong CPA,Inc AccounOng $30,700 541200 Conb ct Caurie, Courie, $37,070 4021 Alfretl Gobar&AssooaNs Mgrnt Consulting $100,030 54101 OC Home Loans&Finance Mor(gage Lentlers $77,200 522310 Elnlace Gigibl Metlia Ma,ke0ng $70,770 541013 N else Metlia Group Marke0nI, $70,770 541013 Tower Svsbmslnc Software $125,210 511210 Donna ZaiK MS,MFT Family Theaplst $55,700 024100 13 Plaza-da 174321,vine Blvd 0,003 0 1000 - 50 N/Av 00% 100 $1,320,050 $2,420 0.1323%Kort Greenway DDS De,Os[ $130,030 021210 Shirley Santos DDS DenOst $130,030 021210 Lamise Kassem ODS De,tdt $130,030 021210 Bette Robin DDS De,O:t $130,030 021210 Steve Lin ODS De, $130,030 021210 Creative Dental Art, Denbl Laboratory $47,020 330110 14 174011,vine Blvd 174011,vine Blvd 5704 1 1005 - 57 N.v 00% 10 $033,205 $1,242 0.1323%Pan Amerian Properties Inc Property Management $77,200 53131 15 17501 Irvine Blvd 17501 Irvine Blvd 7,050 10 1005 - 57 N/Av 00% 23 $403,134 $540 0.1323%OC Perlo Specialist, De,tdt $130,030 021210 Ede,Amp un.Wre Acupuncturist $77,440 021300 Thal-Pmperty Services Property Management $77,200 53131 O,Kent T.Ochiai DDS DenOst $130,030 021210 IDDenblLab Oenbl Laboatory $47020 330110 The VooOoo Factory Hometown Publishmo Printino $43540 511100 Page 5 of 14 Ezbibit 5 V. Zond Q.. ORice Inventory Analysis-Irvin.all TNsSn,CA -.. r,d... September 200 Map Year Age of Leaze Rate Current Vacancy Parking Assessetl W21Taaes Paidto No#Buill Name Add- SF SM..Year Built Renovatetl Buildinn SEN., ISFavailableltotal SF1 Spaces Value CiNof Tustin Taz Rat Businc. Intl- Aw Salary NAI- 16 North TusOn Metlial Center 175021rvine Blvd 7,532 5 1988 - 58 N/Av 00% 33 $1,293,931 $1,899 9.1323%Or Maaharu Sasaki Chiapactor $33,110 621319 i'y$M14 R-11d Choi,ODS OenOst $130,930 021210 Christopher Auftlemberg,ODS GenOst $130,930 021210 �y y� P1-111111 Massage Theapy Mas3ge Theapist $52,310 021399 Or Kd-th Whelan,ODS OenOst $130,930 021210 17 Tustin Pakssional Plaza 175411rvine Blvd 5,440 5 1971 - 51 N/Av 00% 13 $1,305,170 $1,300 0.1323%GenOstry for Hdd, GenOst $130,930 021210 Healing Root,Accup uncWre Acupuncturist $77,440 021300 Centerfor Wellness --tdnist $70,210 021399 13 175421rvine Blvd 175421rvine Blvd 10,330 3 1903 1970 54 N/Av 00% 24 $009,253 $300 0.1323%OrShrlmh Habibi,OMO,MPH OenOst $130,930 021210 �( Steven Rchew,OOS OenOst $130,930 021210 Robert K Ellis,ODS OenOst $130,930 021210 I Rotlney IDA,ODS,MS GenOst $130,930 021210 Ald-1 Najem ODS DllO:t $130,930 021210 Y Gabriela Lozano,OOS OenOst $130,930 021210 _ Paol R Monay 0M0 OenOst $130,930 021210 James P Toner,ODS Ge,Os[ $130,930 021210 19 ntemational Plaza 175311rvine Blvd 15,037 13 1972 - 50 $21.03 12.1% 55 $2,320,153 $3,070 0.1323%Law Officesof Marlin G Sbpleton Jr,Scot Lawyers $17 54120 97550 51 M se FootlsWholer3le 0 0 Sam C Allevatn,Esq.SC4LAW lawyers $177,550 541110 Law office of April Gilbert lawyers $177,550 541110 Law Office of Shireen Sachdev lawyers $177,550 541110 Law Office of D-Petersen lawyers $177,550 541110 Cynthia Holton,Attomeyat Law Lawyers $177,550 541110 GeorgeL Wllis,Attorney at Law Lawyers $177,550 541110 LaGonna T.Kienitz,Attorneyat Law Lawyers $177,550 541110 Law Offices of Alil Komaili Lawyers $177,550 541110 St Step hen's Anglian Church Religious Workers $43,230 313110 Employees Law Gaup APLC Lawyers $177,550 541110 Panther Enterprises Priv ate Equity Lentling Mortgage Lentlea $77,200 522310 GJob, dge Realty Real Esbte Agent, $74,320 531210 Health Bridge Speoalry Care Physi3l,o¢upational,speech,respiatotytt $94,940 021340 Fanners Iris.-d- I nsuan ce Sales Agent $73,530 5 242 10 123 Home Care Home Care $31,250 021010 Profile GO W merit Management Premise Food Concept, Wholesale $90,770 425120 Expand,,g Horizon,/Bristol Tavel Tavel Age nry $47,370 Oirect Source Capital R,3-31 Se-e, $30,200 523930 Page 6 of 14 Ezbibit 5 V. ZQnda.. ORice Inventory Analysis-Irvin.all TNsSn,CA September 200 Map Year Age of Leaze Rate Current Vacancy Parking Assessetl W21Taaes Paipto Nap Builtlinp Name Add- SF SM..Year Built Renovatetl Builtlinn SEN., ISFavailableltotal SFl Soaces Value Cil Tustin Taz Rat Businesses Inp- An Sal., NAICSCope 20 Wallin&Klarich Law B,,Iding 175921rvine Blvd 19,999 1 1974 - 48 N/Av 00% 33 $1,812,919 $2,398 9.1323%Wallin&Klarich Law Building Lawyers $177,559 541119 21 Irvine Plaza 170211-,Blvd 21,911 15 1973 1992 49 $19.33 29.2% 70 $2,359,894 $3,122 9.1321A T dtlth L Steinhouse,OC Chiapacto, $83,110 121319 VaunlnvestmentAdvisoa Personal Financial Ad-, $114,000 523930 T,,:lnsuance Agent, lnsuance Sales Agent $73,530 524210 Attorneys at Law,J ohn L Goad LdMers $177,550 541110 Ronan A-the,Centennial Co, Oange Pd,,f ...,l nce Agent, lnsuance Sales Agent $73,530 524210 C-Cleaning Cleaning $42,400 501720 Sbte Fa nn Quarry Nguyen lnsuance Sales Agent $73,530 524210 Foresight Engineering Inc Civil Engineers $103,000 237990 Del-do Prycholog-1 Psychologist $122,170 021330 22 Baysitle Pafessonal Center 170321rvine Blvd 13,321 20 1970 - 40 $19.34 085% 70 $1,207,340 $1,593 0.1323%Fanners l nuance lnsuance Sal es Agent $73,530 524210 To[al Spectrum lnsuance Services lnsuance Sales Agent $73,530 524210 Cary Freeway Driving School Driving Instructor $57,933 011092 Anthony GB-osEA Tax Prepare, $5/,000 541200 A Hony&Wanioa Finn Buxbaum Loggia lnsuance Sales Agent $73,530 5 242 10 Accuate Bookkeeping&Tax Service Bookkeeping $50,470 541200 Tanslutions,Inc. Civil Engineers $103,000 237990 Amerianln Hte of Ed-ton Technial School $107,720 011519 Aqua ESNe0c,&me Medial Spa $92,093 312199 °^ Bayside Financial Personal Financial Advisory $114,000 523930 California Agent,In once lnsuance Sales Agent $73,530 524210 Vinttrzls Tax Prepare, $5/,000 541200 Carlson Accountant,Corpoation Account,ng $39,700 541200 Psychologial Services Psychologist $122,170 021330 Clinial Psychology Psychologist $122,170 021330 Laurin's Billi ng Service Account,ng $39,700 541200 Genesis BhH,dI SoluOons 23 Ashton Plaza 176621rvine Blvd 12,000 22 1975 1935 47 N.v 00% 70 $2,031,552 $3,432 0.1323%Pacific Empire Finandal Services-Home Mor(gage Lenders $77,200 5 223 10 Bear Tads Corpoa0on Construction Managers $119,490 230220 Regen t,Paperty Mgmr Pape Dy Ma nagement $77,290 53131 Hidden with Christ Mlnlstries Religious Workers $43,230 313110 Glenn Stevenson LCSW Psychologist $122,170 021330 Saa Pointe,,P,D Psychologist $122,170 021330 Smart Airfare LLC Tavel Ag ency $47,370 501510 Airtnp Advisor,LLC Tavel Agent, $47,370 501510 Prescot[Mgm[ Paperry Management $77,290 53131 M asters Club D,.JodyA-PhD Psychologist $122,170 021330 D,.Lana A B-odd PhD Psychologist $122,170 021330 D,.Ryan J Jordan PhD Psychologist $122,170 021x30 D,.Veanla A Thomas PhD Psychologist $122,7 021330 Digitol Business Solufions M ed l dI Consulfing $101,573 541011 Global Guard lnsuance InsuanceSales Agent $73,530 524210 Modifia0on Network,Inc Custom Ca,Modifiations $54,309 311121 Kar's Pediat-Suite Pediatrician $173,300 021111 Page 7 of 14 Ezbibit 5 V. Zond Q., ORice Inventory Analysis-Irvin.all TNeSn,CA -.�.ir.-. September 2822 Map Year Ae.of -.Pat. Current Vacancy Parking Ass¢setl 2g21Taxes Paipto Nap Buildinc Name Add- SF SM..Year Built Peno-W Building SFIY.ar (SF availableltotal SF1 Soacee Value CiN of Tustin Taz Pat Brcirrssc Indicts Aw Sal., NAICSCope 24 Svicemore Plaza 1]8]1 Irvine Blvd S2 776 24 19]2 2914 50 $2279 52.0% 75 $4,]]1,293 $8,313 9.1323%Electracory Inc Electrician $72,459 233219 Elizabetl,Management,LLC Business Managemen[Consultant $03,490 54101 Diversity Metlia Marke0ng $70,770 541013 JamesL Kelly,Diane M.Deanna,CPA,Lawyers $177,550 541110 The McDonnell Law Finn Lawyers $177,550 541110 M add ieu&Co,CPA Accou't'g $39,700 541200 N_a,CDavls,A-— Lawyers $177,550 541110 Dinneble,&Demmebe,Attorneys Lawyers $177,550 541110 wmfLawFlIm Lawyers $177,550 541110 D,.vousef Beshgoy DC Chiapatlor $33,110 021310 Ross Construction Mgmt Construction Managers $119,490 230220 Oceantro.Pest Control Pest Contal $43,400 501710 Tianxiang LLC Hong ALI LLC The Mouzis Law Finn,APC Lawyers $177,550 541110 State Fann lnsuance-Chris Ban lnsuance Sales Agent $73,530 524210 Edu ation marketE 1, Marke0ng $70,770 541013 B,,dgemark Coryoation Oil/Petro leum E�va0 on $70,400 213112 Law Offices of Kyle Scott Lawyers $177,550 541110 Connie's Elite Auto Sales LLC Auto Sales $47,579 423110 25 177021rvine Blvd 177021rvine Blvd 7,053 10 1973 - 49 N/Av 00% 21 $1,373,325 $1,324 0.1323%Spectrum Real Estate Serviss Real Estate Age- $74,320 021310 Arzola Co nsulOng Co, Business Management Consultant $03,490 54101 Cangelos&Holmes,Inc AccounOn9 $39,700 541200 Julian P Cangelos,CPA Accountng $39,700 541200 Layton&Lopez Tax Atiomeys Tax Prepare, $57,000 541200 Dale EHanger,CPA Accountng $39,700 541200 Thoma Williams,CPA AccounOnI, $39,700 541200 Wlliam Deweny,CPA AccounOng $39,700 541200 Recchia lnsuance Agent, lnsuance Sales Agent $73,530 524210 Ji 20 17722 n Blvd 17722 n Blvd 10,520 4 1975 - 47 N/Av 00% 21 $020,244 $321 0.1323%Intel-Date Specialty Marketing(ISM) Marke0ng $70,770 541013 Page 8 of 14 Exhibit 5 V. Zond Q., Office Inventory Ah2lipie-Irvin.1311 Tu6g n,CA September 2822 Map Year Ag.of -.Rat. Current Vacancy Parking Assessetl 2021Tax.s-dW NOY Builtling Name Atltlress SF %O10.Year Built Renovatetl Builtlinc SFIY.ar (SFavailableltotal SF) 5EF- Value CiNMTustin Taz Rat Busincsc Intlustry An Salary NAICSCotl. 27 Magnolia Plaza 177311rvine Blvtl 31,531 20 19]3 2014 49 $22.20 23.2% 00 $4,905,]39 $0,597 0.1323%RichaN EMatl,eny,CPA Acceuntng $09,]00 541200 HVAGRengeaton HVAGRefngeaton $04,300 230220 MCLum nuance Brokeage nuance Sal es Agent $70,530 524210 Michael Hung,OMD Acupuncturist $77,440 021300 Aivilo&Chang,LLC Associated Tas&Financial Services Tax Prepare, $57,060 541200 AOI I-oc ate,Tax I Rnancal Modgage Lenders $77,260 522310 Sunwest Sal es Company Business Management Consultant $03,496 54161 Allstate lnsuance Insuance Sales Agent $70,530 524210 Waterson Huth&Asso c Attorneys at Lav Lawyers $177,550 541110 Courte'y Patrol Specialist' Security $30,920 5010 My Office Apps Inc Compute,Systems $114,400 541512 Pinkham&A"ociate, Lawyers $177,550 541110 Law Office of M axine Ho Lawyers $177,550 541110 The Ohria Group,l nc NorvProfit $49,531 013410 Knud,on Engineers&Constructors,Inc Cv Engineers $100,000 237990 Retire In Style Personal Financial Advisory $114,000 523930 Music Network One Networking Coaching $42,000 611430 ABS Tax&Accounting Tas Prepare, $57,060 541200 Go den Ace US LLC M etaplus Technology LLC MC ' SCe Tad LLC 20 177421 rvine Blvd 17742 Irvine Blvd g,000 0 1973 2000 49 $22.20 167% 36 $772,911 $1,023 0.1323%M or(gage Funtling Gm up Mor(gage Lend- $77,260 522310 Noiroux La w,APC Lawyers $177,550 541110 OC Wealtl,Coach Finanoal Services $114,000 523930 S2StudC Cosmetologist $42,010 012112 Richan Dotltl&AnOciate Aahitect $95,090 541300 Silver Creek issuance Sales Agent $70,530 524210 Oe Anza Plaza Co Property Management $77,290 53131 Rivemal5 Property Management $77,290 53131 Susan Sblze,,MO Psychiatrist $305,320 621112 29 Irvine Prospect Building 177721rvine Blvd 10,325 21 1975 - 47 $24.24 17.9% 40 $3,300,929 $4,370 0.1323%5 Star Speoalty Service,Inc Electricians $72,450 230210 RLF Manage&Family Theapist $55,700 0241 g0 The Art of On Marketing,Inc. Marked ng $70,770 541013 Child&Adolescent et ng Health Ce,Psychologist $122,170 621330 Alfa to Glag Auto=Glass Repairers $39,310 011122 The Hair's End Electrolysis Hair Salon $42,010 012112 Dish 4 You Satellite Dish 1"a e' $54255 517410 Supe""Dv School Driving Instructor $57,933 611692 Denise E.DaT SMS,M FT Manage&F a roily Theapist $55,760 024190 The 704 Group,LLC&GLCS,LLC Business Managemen[Consultant $03,490 54101 Clarity Search Partners Recruitng/Staffing Agenry $77,290 501311 Level 2Security&Automaton Security System l-al lea $50,070 56162 College Nannies+Sitters+Tutors Tutor $39,000 611691 Thea Paz Counseling Psychologist $122,170 621330 Goltlen Top 30 Tustin Business Center(SubjM� 17-1-21-d BIM 44,956 57 1972 1964 54 51 y.59 92.31% 1. 56,561,553 511,329 0.1323%A.A.Trasmitelo AA $55,70 6M190 Dove Capiml Corp -Itgage Lmtlea 5]],260 522310 Vinovich BAssociat�CPA Acmumin9 569,7. 561200 Sky net Financial Co -.gage-d- $77,260 522310 Page 9 of 14 .I Ezbibit 5 Y. ZQnda.. ORice Inventory Analysis-Irvin.1311 TOSOn,CA September 2022 Map Vear AOeof Leaze Rate Current Vacancy Parking Aueuetl 2021 T7Pa to NON Builtlinc Name Add- SF tl OFces Year Built Renovatetl Builtlin0 SFIYear ISF availableltotal SFl Spaces Value CiN of Tustin Taz Rat Businesses IMr¢try Aw Sal., NAI- 31 10001 I-d Blvd 10001 I-d Blvd 5,394 15 1985 - 57 N.v 00% 11 $320,837 $1,938 0.1323%Law Offices of An gel a Fanm Lawyers $177,559 541119 de Castellano Qeative MdHdt,g $70,770 541013 OCTheapis6 Theapist $90,200 021330 Goddess Curves Paagon Idust,,CoMetal Fabricators $45,900 332000 ATAP Family Services Manage&Family Theapist $55,700 024190 UR Buildings Engineer Co-II $111,330 541330 N or[h Star LLC Bookkeeping $50,470 541200 Robin Rush&Michael J.Holmes Ga ph Ica Conect Photo EdHoa $33,110 54192 Eas[Td pimna Phone Repair Pho ne Repair $43,700 311211 M he lnsuance lnsuance Sales Agent $73,530 524210 The Self Care Club 32 Loma Linda Building 13002I-d Blvd 20,503 30 1905 - 57 N.v 37.0% 00 $2,030,274 $3,430 0.1323%Shields&Kowalski Lawyers $177,550 541110 E,h, Jones Finandal Services $114,000 523930 Mary Femandez PhD Counselor $122,170 021330 Lighthouse Behavioml Counselor $59,310 021330 Unitzd Loan&Credit Fix Loans $77,200 522291 mmiga0on Help Center Immiga0on Consulbnt $34,723 923120 Relief Chid praRic Chiropractor $33,110 621310 Alfonso SVCS MND Lashes on Bdadway Cosmetologist $42,010 312112 Hair Hideout Cosmetologist $42,010 312112 ASD Elite McNcal Gdup Family Medical Physidans $201,120 021111 Absolute Mortgage Mortgage Lendea $77,200 522310 Jana Li-lmmiga0on Immiga0on Consultant $34,723 923120 Lifespring Homeopathy Homeopathy $52,939 021399 Nim Photo Photogapher $51,340 541920 Peace Lily LLC Online Flower Shop $00,359 453110 Alert Response Security $30,920 5010 Hope Culture Counseling Psychologist $122,170 021330 Chan&Connie, MUA Closet Botique $44,931 443120 LG Cortez lnsuance Agency I nsua,ce Sales Agent $73,530 524210 AW-Healthcare Home Care $31,250 021010 Red Hot Pdperties Real Esbte Age- $74,320 021310 Spry Mobility No,Emergency McNcal Tansportatd, $20,202 021910 M dH,3D LLC Madded ng $70,770 541013 DU Tax&Amounonq Ta,P epaa, $57,000 541200 33 13031 Irvine Brod 13031 Irvine Brod 3,974 22 1905 - 57 WAv 00% 12 $090,041 $921 0.1323%Cauaia Delgado Let it Fly LLC Marke0ng $70,770 541013 Javier Cuz King Skyline Inc Wholes-ale $90,770 425120 People Choice Tax Tax Preparers $57,000 541200 Lebanhoff Development Corey Cosby Badt Services Inc Billing $43,900 541219 Ed-Id D Had Finanoal Se-e, $114000 523930 Bennet&Seely I,R,d,Designer $03730 541410 James Mai Business Manageme-o-Ita t $03,490 54101 Blue Coast Home Loans Mortgage Lenders $77,200 522310 Rey I Guz R S.Elle,LLC H,Km Tax Preparers $57,000 541200 American Accountancy Co, Acm uHH` $09 700 541200 Mariposal-e-e-o Investrnent Analyst $97,150 523930 Janet Leiva-Milestone Realty Real Esbte Age- $74,320 021310 Nim Photo Studio Photogapher $51,340 541920 Page 10 of 14 .I Ezbibit 5 V. ZQnda.. ORice Inventory Analysis-Irvin.all TusSn,CA September 2822 Map Vear AOeof Leaze Rate Current Vacancy Parking Ass¢setl 2021 Taaes Paioto Ngk Building Name Atltlress SF #Offices Vear Buil[ Rengva[etl Builtling SFlyear ISF availableltotal SFl Spaces Value C,h of Tustin Taz Rat Businesses IMusM Aw Salary NAI- 34 100511rvine Blvd 100511rvine Blvd 5,133 5 1985 - 57 N/Av 00% 12 $1,439,760 $1,971 0.1323%G&S Myers C0ry0ati0n Tax Preparers $57,060 541200 nal Racing COnsul[an6 Business Management COnsulbnt $63,496 541 61 Newport Hydagen Inc Manufacturing $96,770 339999 RedE Manufacturing $96,770 339999 Eco Sou 11,, Tas Preparers $57,060 541200 35 Gaceland Pmfe,d—I Building 100621rvine Blvd 14,445 13 1972 - 50 N.v 0 0% 60 $2,207,765 $2,921 0.1323%A2Z Behavi0al Behavi0a1 C0un.dl,r $59,610 621330 AcesRdd Amer—an Realty Ass0cates.Inc Real Esbte Age- $74,320 821310 Avant CapbI Tax Gaup Tal Preparers $57,060 541200 G0 M0Wage MOWage Lentlea $77,280 522310 Kam ala Rose Pilate, Personal Tamers $52,130 312990 Kitls Givem Kitls F,,dr3 ing $89,570 31321 Medland Med,,31 0 pat,,,31 Theapist $105,150 621340 M&G I,,u-d—Service, Insuance $73,530 524210 Newport First Realty Real Esbte Agd- $74,320 621310 -3,&I nc0me Tax Service, Tax Preparers $57,060 541200 OneRepublic Motors M as M ed,,31 Bi11ing Billing $43,900 541219 Wayne Zudcemran Ins Insuance $73,530 524210 WOny Free S01u00ns Wrele,s S01u00ns Phone Repair Ph ne Repair $43,760 311211 Wellness Center Chiapact0a $33,110 621310 36 100711rvine Blvd 100711rvine Blvd 3,165 1 1969 - 53 $25.20 1000% 12 $1,050,126 $1,390 0.1323%Vd—t 37 100911rvine Blvd 100911rvine Blvd 3,193 2 1963 - 54 N.v 00% 10 $504,067 $667 0.1323%Bridgep0rt Capital Funding M,lgage Lender, $77,260 522310 Empyrean Billing S01uti0ns A.....ng $39,700 541200 Page 11 of 14 Ezbibit 5 V. Zonda. ORice Inventory Analysis-Irvin.all TusSn,CA September 21122 Map Year Ageof L—Rate Current Varancy Parking Assessetl 2021 Taxes Paipto Nap Builtling Name Add— SF pCfices Year Built RenoMetl Builtling SFIYear JSFavailableltotal 5F1 Spaces Value C,h of Tustin Taz Rat Businesses IMostry Aw Sal., NAICS Cope 33 Visb Gantle Metl,cal-Denbl Center 18102 1,,,d Blvd 30725 17 1079 - 43 $33.80 27% 30 $2,444,023 $3,234 0.1323%Tustin Petliatnc Dentistry DenOst $151,540 621210 FRV Enteryrises LLC Pdd,dt-c&Atlult Metl,one,Inc Petl,atrician $173,300 021111 ORM1opaetl,c Metllral Gaup of SA. OrtM1opdd $273,030 021111 Dimple MancM1and,d DDS DenOst $151,540 021210 Simona Kiss,DDS DenOst $151,540 021210 Mark F.Maxwell,DDS DenOst $151,540 021210 ORM1,d,,,t s,Oat&Masillohoal Surgery OrtM1otlonOst $244,520 021210 Eva H ogan,DDS Peritlont,6 Dentist $151,540 021210 MatleneA M fuer DDS,Perlaunocs Dentist $151,540 021210 AA Family Denb l Gau p Dentis[ $151,540 021210 Benlam,n 1.Lev,,DDS Entlotlonti4 Dentist $151,540 021210 Jaded,K Bar,DDS Dentis[ $151,540 021210 "d Nasim,MD PM1Ysicians $235030 021111 Alyssa Km,MD Dematologist $405000 021111 Physic al TM1e dpv Center of Tu4in Physic al TM1eap,4 $04 e40 021340 Al,erian Pam ln4,Wte Phys,cians $235030 021111 Plum Famuee Aeupuncma Aeupunctur.t $77.440 021300 Clifford M PM1,pps,DDS Dentist $151,540 021210 DavlaAJ,u,DDS Dentis[ $151,540 021210 Jimmy Tan,DMD Dentistry Dentis[ $151,540 021210 M,guel A Do mingudz.M D AnestM1eaolooist $230.130 021111 30 131111,,,ne Blvd 131111,,,ne Blvd 4,054 4 1005 - 57 N/Av 00% 20 $1,273,337 $1,002 0.1323%Na0onal Centerfor M,g,ng CM1,Itlren NorvPafitlGovemment Pmgams $55,030 313410 /'xte 40 M,lan Bu,ltlin 101211rvine Blvd 4,420 2 1004 - 53 NIv 00% 21 $1,570,003 $2,035 0.1323%Prime Tme Escmw Escrow Age- $05710 523001 GKM Law Off ices Lawyers $177,550 541110 41 -41 1,,,d Blvd -41 1,,,d Blvd 5,340 7 1004 - 53 N.v 00% 13 $330730 $510 0.1323%A,,h,tecWal Resource Consulb n6 AaM1itect $05,000 541300 Page 12 of 14 .I Ezbibit 5 V. ZQnda.. ORice Inventory Analysis-Irvine all TNsSn,CA September 21122 Map Year Age of Leaze Rate Current Vacancy Parking Assessetl 2g21Taaes Paipto Nap Building Name Add- SF SM..Year Built Renovatetl Buildi nn SFIYear ISFavailablelt-1 SF1 Spaces Value II of Tustin Taa Rat Brmirt¢sc IMrstry Aw Salary NAICSCope 42 Tustin Town Center 182311rvine Blvd 13,228 8 1835 - 37 N/Av 00% 70 $3,383,850 $5,158 0.1323%Classtech Vitleo Protlucers $143,810 512110 Contest F3ctOry Marke0ng $70,770 541013 ERRG Environmental Engineers $110,380 541330 R2 Metlia Inc Metlia $55,710 541380 Ell&As -R, Environmental Engineers $110,380 541330 Pacific Wester Bank Banking $58,430 522110 43 101 Fashion IT, 101 Fashion Ln 22,000 20 1873 2004 44 $22.25 12.3% 03 $3,053,800 $4,342 0.1323%Omni-d Mortgage Lentlers $77,200 522310 Ken L3Tourette I nsur3n ce Sales Agent $73,530 524210 44 Fashion Lane Fin3no31 Center 202 Fashion Ln 25,885 32 1874 - 43 $28.01 18.3% 33 $3,884,473 $5,235 0.1323%AMR Polymers B3IIot Bos Services ElecOon Jobs $38,733 233210 K3talin Bassett,MO Psychiatrist $305,320 021112 Sean C3113n3n Cynthia Chavez Cosmetologist $42,010 312112 Christos LLC Wis Coronado L3-D-y Psychologist $122,170 021330 E M olg3ge Capital Molg3ge Lentlers $77,200 5 223 10 Eag le First Real Esbte Real Esbte Agent, $74,320 021310 Elevate Wellness M3" Therapist $52,310 021388 E2nglntema0on31 Business Management Consulb nt $03,480 54101 Enecutive=on, Hair Replacement Stu dd $03,811 312188 Horan-hof Tustin Home Care $31,250 021010 IMJ Designs Inc ntlepentlent Fund,Gmup Mortgage Lentlers $77,200 522310 N ex[ech Computer ConsulOng $85,500 541511 John Nielsen Business M3n3gement Consulbnt $03,480 54101 PPS Parking Valet Parking $32,100 312830 -1 Capital Cory Fin3no3l Serviss $114,000 523830 Running Plumbing Plumbing $00,810 233220 :ol 31 Barefoot M-3ge&Wellness M3-ge Therapist $52,310 021388 Sbte Finn Insuance $73,530 524210 The Mortgage He3dqu3rters Mortgage Lend- $77,200 522310 Total Global Sport, SofM2re Sales $122,834 541511 Waterworn Pool Company $40,253 233880 Wellness VN[hin Acupuncture Acupunctunst $77,440 021300 West Capital Lend np Mortg3pe Lend- $77,200 522310 Page 13 of 14 Bzbibit 5 V. ZQnda.. ORice Inventory Analysis-Irvine Blvd. TusBn,CA September 2822 Map Year Age of Lease Rate Current Vacancy Parking Assessetl 2021 Taxes Paitl to Nap Builtlinc Name Add— SF pCfices Year Built RenoMetl Builtling SFIYear ISFavailableltotal SFl Spaces Value CiN of Tustin Taz Rat Businesses Ind— Aw Sal." NAICS Cotle 45 222 Fashion Ln 222 Fashion Ln 11,194 H 1973 - 49 N/Av 00% 37 $798,810 $935 9.1323%55 Shine Tim J F"',DC Chimpactcrs $33,110 021310 Allsbr Tas Tas Preparers $57,000 541200 TNT The Bare Cave Cosmetologist $42,010 312112 DigiblOft t,,, Orthofis[s $92,040 339113 TM Styles Or LisaG-- H01isOC Health Pactitioner $43,537 021300 ` Maggv Ma"s Cleaning $42,400 501720 Cuthill Realty Real Esbte Agent, $74,320 531210 R h:dNelson M etlallion ConsulOng Tax Preparers $57,000 541200 Ace Electric Electricians $72,450 233210 CPS Dabcom Telecemmunia0ons $00,330 517919 Fanners l nsuance Insurance $73,530 524210 First Quality Tas Services Tas Preparers $57,000 541200 "dbush Securities Finanoal Ser-, $114,000 523930 Executive Concept, Business Management Consulbnt $03,490 54101 Bryan Schurter Tax Preparers $57,000 541200 PC S""' Computer Repair $43,190 311212 WCL&Associates St—t—Engineering $111,330 541330 BPI—Financial Gmup Prnpe'y Developers $77,403 531390 Profeg,o 1Soccer Res Soccer Cach $57,290 011020 Pantree Exporter $52.100 423990 Source:Zontla,BLS Loopnet Zip Recruiter NAICS Page 14 of 14 ATTACHMENT F FOCUSED TRAFFIC IMPACT ANALYSIS DATED NOVEMBER 8, 2022 ENVIRONMENT I PLANNING I DEVELOPMENT SOLUTIONS , INC . To: City of Tustin Public Works Department Fp,() Essfa� From: Daji Yuan and Meghan Macias, TE, EPD Solutions Inc ��a �, E - Date: 1 1/8/20229`' �(il +11 �a Sites: 17802 Irvine Boulevard, Tustin Residential Development s Subject: Focused Traffic Study Analysis 3; rSTE�C{CM- This Focused Traffic Analysis was prepared at the request of the City of Tustin Public Works Department to analyze the potential traffic-related impacts of the proposed Tustin Residential Development. The project is located 17802 Irvine Boulevard,Tustin. This study was evaluated using the methodology from Attachment A. Project Description The existing 2.071-acre site is currently developed with a 47,583 square foot business park. The project proposes to demolish the existing buildings and to construct 40 residences that would include eighteen (18) duplexes (36 units total) and four (4) single-family residences. Access to the project would be provided by a driveway on Irvine Boulevard. This analysis does not take credit for any existing trips from the existing commercial building. The project site plan is shown in Figure 1. Urban Planning ■ Due Diligence ■ Entitlements ■ CEQA/NEPA ■ Development Services ■Management■ Public Outreach 2355 Main Street,Suite 100 ■ Irvine,CA 92614 949.794.1 180 ■ info@epdsolutions.com 77802 Irvine Boulevard Tustin Residential Development Project E P o SOLUTIONS, INC. Focused Traffic Study Figure 1: Project Site Plan Irvine Boulevard F • Y • 1 J a Bassenian I L.agoni I L L U S T R A T I V E S IT E PLAN B 17802 IRVINE BOULEVARD6 91�1 INTRACORP� ]38.21161 =, R�,Id'ng he Fr—d—, 2 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study Study Area and Analysis Scenario The following intersections were analyzed in this technical study: 1. Prospect Ave/Irvine Blvd 2. Project Driveway/Irvine Blvd The location of the project site and study area intersections are shown in Figure 2.AM and PM peak hour traffic operations were evaluated for the following scenarios: • Existing Conditions • Existing with Project Conditions The analysis methodology and significance criteria utilized in this technical study are provided in Attachment A for reference. 3 17802 Irvine Boulevard Tustin Residential Development Project E I P o SOLUTIONS, INC. Focused Traffic Study 9Figure 2: Study Area Intersections LEGEND . _ © Study intersections = ♦w� Project Site .1 o. Project Driveway Ds a VMW Ap ar — m F sr Blvd _ Q ' � r x e. ' x L er. L a 1 St St p s r ab 4 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study Existing Conditions Intersection Operations The existing Levels of Service at the study area intersections were determined using the Intersection Capacity Utilization (ICU) for the signalized intersection and the Highway Capacity Manual (HCM), 7'h Edition methodology for the unsignalized intersection, described in Attachment A. Turning Movement, Pedestrian,and Bicycle Crossing Counts for the study intersections were collected during AM and PM peak hours on May 17, 2022. Existing AM and PM peak hour traffic volumes at the study area intersections are provided in Attachment B. Table 1 shows the existing AM and PM peak hour levels of service at study intersections. All Level of Service (LOS) calculations are provided in Attachment C. As shown in Table 1, under existing conditions, the intersection of Prospect Avenue/Irvine Boulevard operates at a satisfactory LOS B during the AM and PM peak hour. Since no credit was taken for the existing use, the project driveway was assumed to have no conflicting turn movements in the existing condition. Table 1. Existing AM and PM Peak Hour Level of Service AM Peak PM Peak Intersection Traffic Control Value' LOS Value' LOS 1. Prospect Ave/Irvine Blvd Signal 0.609 B 0.622 B 2. Project Driveway/Irvine Blvd 1 TWSC - - - - TWSC=Two-Way Stop Control 1 For signalized intersections,Volume to Capacity(v/c),for unsignalized intersections,Delay(sec/veh) 2 Level of Service 5 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study Project Trip Generation and Distribution The project trip generation was prepared using trip rates for Single-Family Detached Housing (All Sites) (Land Use Code 210) and Single-Family Attached Housing (All Sites) (Land Use Code 215) from the Institute of Transportation Engineers (ITE)l and are attached in Attachment D. Table 2 presents the trip generation estimate for the proposed project. As shown in Table 2, the project is forecast to generate 297 daily trips,including 20 trips during the AM peak hour and 24 trips during the PM peak hour. As stated previously, the project trip generation does not take credit for the existing use. The project trip assignment is provided in Attachment E. The project trips were distributed throughout the study area based on logical travel paths and patterns identified from the counts taken at the study area intersections. The project distribution is shown in Figure 3. Table 2. 17802 Irvine Boulevard Tustin Residential Trip Generation AM Peak Hour PM Peak Hour Land Use Units Dail In Out Total In Out Total Trip Rates Single-Familiy Detached Housing' DU 9.43 0.18 0.52 0.70 0.59 0.35 0.94 Single-Familiy Attached Housing DU 7.20 0.15 0.33 0.48 0.32 0.25 0.57 Project Trip Generation Single-Family Detached Housing 4 DU 38 1 2 3 2 1 3 Single-Family Attached Housing 36 DU 259 5 12 17 12 9 21 Total Project Trip Generation 297 6 14 20 1 14 10 24 DU=Dwelling Unit ' Trip rates from the Institute of Transportation Engineers, Trip Generation Manual, 1 7th Edition, 2021,Land Use Code 21 0-Single-Family Detached Housing.All Sites. 2 Trip rates from the Institute of Transportation Engineers, Trip Generation Manual, 1 1 th Edition, 2021,Land Use Code 215-Single-Family Attached Housing.All Sites. Trip Generation Manual, 1 1 th Edition, Institute of Transportation Engineers (ITE).2021. 6 17802 Irvine Boulevard Tustin Residential Development Project E I P o SOLUTIONS, INC. Focused Traffic Study Figure 3: Project Distribution • k, 0, ;�. AA _ LEGEND ; `I , © Study Intersections Project Site o { . 1rr � , *, , r� Project Driveway rS " 1C, lvrk 40r _4 n �• Irvine Blvd „.,• ,,� A "in LL IIP I v _ x• ly , .• d i r� �.::, •�„� ,P r4,V� V . 7 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INE. Focused Traffic Study Existing Plus Project Conditions Intersection Operations The Existing with Project Conditions were analyzed by adding project trips to the existing volumes at the study area intersections. Table 3 shows the Existing and Existing with Project AM and PM peak hour LOS at study intersections. All LOS calculations are provided in Attachment C. As shown in Table 3, under existing with project conditions, the intersection of Prospect Avenue/Irvine Boulevard would operate at a satisfactory LOS B during the AM peak hour and PM peak hour. The intersection of Project Driveway/Irvine Boulevard would operate at a satisfactory LOS D during the AM and PM peak hour. Table 3. Existing Plus Project AM and PM Peak Hour Level of Service Existing Without Project Existing With Project Traffic AM Peak 9 9 Signaficant.PM Peak AM Peak PM Peak AM Chan PM Chan o3 Intersection Control Value' LOSz Value' LOS2 Value' LOSz Value' LOSz in v/c in v/c 1. Prospect Ave Irvine Blvd Signal 0.609 B 0.622 B 0.612 B 0.624 B 0.003 0.002 No 2. Pro'ect Driveway/Irvine Blvd TWSC 25.8 D 29.4 D - - No TWSC=Two-Way Stop Control I For signalized intersections,Volume to Capacity(v/c),for unsignalized intersections,Delay(sec/veh) 2 Level of Service 3 As per the City of Tustin LOS thresholds Gap Analysis A gap analysis was conducted for vehicles on Irvine Boulevard East of Prospect Avenue to determine the number of Gaps in the existing stream of traffic to accommodate vehicles entering and exiting the project driveway on Irvine Boulevard. The gap data was collected during one typical weekday on Tuesday, May 17th, 2022, over a 1- hour AM and PM peak period consistent with the corresponding peak hour derived from the intersection count at Prospect Avenue/Irvine Boulevard.The gap analysis is conducted for the traffic peak periods during the AM peak period (7:30 AM and 8:30 AM) and PM peak period (4:45PM and 5:45PM). Detailed gap count data is provided in Attachment F. Based on industry standards, the minimum time for one vehicle to safety complete a turning movement with one direction of conflicting traffic is 7 seconds plus 7 seconds for each subsequent vehicle following the first. Hence, a gap of between 7 to 14 seconds can accommodate one right- turn out of the driveway and one left turn into the driveway. The minimum time for one vehicle to safely complete a turning movement with two directions of conflicting traffic is 14 seconds plus 7 seconds for each subsequent vehicle following the first. Therefore, gaps over 14 seconds can accommodate left-turns out of the project driveway. Table 5 shows a summary of gap analysis of left turns out of the project driveway. There are 38 acceptable gaps during the AM peak period and 32 acceptable gaps during the PM peak period. 8 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study The build project will generate 14 left turn trips during the AM peak period and 9 left turn trips during the PM peak period. The number of acceptable gaps significantly exceeds the number of build traffic volumes. Table 6 shows a summary of gap analysis of right turns out of and left turns into the project driveway. There are 138 acceptable gaps during the AM peak period and 139 acceptable gaps during the PM peak period. The project will generate 7 trips (6 right turns and 1 left turn) in the AM peak period and 8 trips (4 right turns and 4 left turns) during the PM peak period. The number of acceptable gaps significantly exceeds the number of build traffic volumes. 9 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study Table 5. Gap Analysis Left Turn out of the Project Driveway Acceptable Gaps Build Traffic Volume Difference Acceptable Gaps exceed Traffic Volumes Gap Time AM Peak Period PM Peak Period AM Peak Period PM Peak Period AM Peak Period PM Peak Period AM Peak Period PM Peak Period Over 14 Seconds 38 1 32 14 9 24 23 YES YES Table 6. Gap Analysis Right Turn out of and Left Turn into the Project Driveway Acceptable Gaps Build Traffic Volume Difference Acceptable Gaps exceed Traffic Volumes Gap Time AM Peak Period PM Peak Period AM Peak Period PM Peak Period AM Peak Period PM Peak Period AM Peak Period PM Peak Period 6 4 132 135 YES YES Over Seconds 138 139 1 4 137 135 YES YES Summary The proposed project's study area intersections were evaluated without and with project trips to determine the project would cause a significant LOS deficiency.All study area intersections operate at a satisfactory LOS in the Existing and Existing Plus Project Conditions. In addition, the number of acceptable gaps for all turning movements significantly exceeds the number of project generated traffic volumes during the AM and PM peak hour. Therefore, the project would have a less than significant effect on LOS and no improvements would be required. If you have any questions about this analysis, please contact me at (949) 794-1180 or daji@epdsolutions.com. 10 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study Attachment A Methodology Intersection operations are evaluated using Level of Service (LOS), which is a measure of the delay experienced by drivers on a roadway facility. LOS A indicates free-flow traffic conditions and is generally the best operating conditions. LOS F is an extremely congested condition and is the worst operating condition from the driver's perspective. The use of peak hour intersection capacity utilization (ICU) is adopted by the City of Tustin to evaluate signalized intersection LOS. Unsignalized intersections were calculated using the Highway Capacity Manual (HCM), 71" Edition methodology. The Level of Service (LOS) of a signalized intersection or an arterial roadway shall be based upon the sum of the volume-capacity ratios (V/C) of the critical movements.Table 1 shows the relationship between V/C range and LOS. Table 1: Relationship between V/C Range and LOS at a Signalized Intersection LOS V/C Range A 0.00-0.60 B 0.61-0.70 C 0.71-0.80 D 0.81-0.90 E 0.91-1.00 F 1.00+ The HCM two-way stop control (TWSC) intersection methodology calculates LOS based on the delay experienced by drivers on the minor (stop-controlled) approaches to the intersection. For TWSC intersections, LOS is determined for each minor-street movement, as well as the major- street left-turns. The relationship between delay and LOS at Unsignalized intersections is shown in Table 2. Table 2: Relationship between Delay and LOS an Unsignalized Intersection LOS Delay (seconds) A 0-10 B >10 — 15 C >15 - 25 D >25 — 35 E >35 — 50 F >50 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study Traffic Level of Service Policy The City of Tustin requires all intersections maintain a LOS D except at designated Congestion Management Plan (CMP) intersections where LOS E is acceptable. None of the study area intersections are designated as a CMP intersection, so LOS D would apply for all intersections in the study area. For intersections that would operate at LOS E or worse (ICU value greater than 0.90), mitigation of the project contribution is required to bring the intersection back to no-project conditions or better if the project contribution is 0.02 or greater. 12 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTION8, INC. Focused Traffic Study Attachment 8 13 INTERSECTION TURNING MOVEMENT COUNTS T218 PREPARED BY: AimTD LLC.tel:714 253 7888 cs@aimtd.com DATE: LOCATION: Irvine PROJECT#: SC3442 Tue,May 17,22 NORTH&SOUTH: Prospect LOCATION#: 1 EAST&WEST: Irvine CONTROL: SIGNAL NOTES: AM PM N MD �W E► OTHER S [Add U-Turns to Len Turns OTHER VA NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND U-TURNS Prospect Prospect Irvine Irvine NL NT NR SL STSR EL ET ER WL WT WR TOTAL NB SB EB WB TTL LANES: 1 2 0 1 2 C 1 3 0 1 3 0 0 0 0 0 7:00 AM 15 20 6 34 30 17 4 72 13 2 125 6 344 0 0 0 0 0 7:15 AM 13 22 7 34 58 26 22 101 9 5 167 6 470 0 0 0 0 0 7:30 AM 16 83 7 55 88 37 23 88 14 11 205 20 647 0 0 0 0 0 7:45 AM 10 106 9 64 98 63 40 147 8 7 237 27 816 0 0 0 0 0 8:00 AM 14 58 7 57 90 31 13 135 15 17 239 18 694 0 0 0 0 0 8:15 AM 11 14 14 48 67 24 6 117 17 15 263 26 622 0 0 0 0 0 8:30 AM 15 26 10 39 63 29 10 112 13 11 237 17 582 0 0 0 0 0 g 8:45 AM 12 23 12 50 60 1 23 1 8 115 10 22 212 17 564 0 0 0 0 0 a VOLUMES 106 352 72 381 554 250 126 887 99 90 1,685 137 4,739 0 0 0 0 0 APPROACH% 20% 66% 14% 32% 47% 21% 11% 80% 9% 5% 88% 7% APP/DEPART 530 / 615 1,185 / 743 1,112 / 1,340 1,912 / 2,041 0 BEGIN PEAK HR 7:30 AM VOLUMES 51 261 37 224 343 155 82 487 54 50 944 91 2,779 APPROACH% 15% 75% 11% 31% 48% 21% 13% 78% 9% 5% 87% 8% PEAK HR FACTOR 0.698 0.802 0.799 0.892 0.851 APP/DEPART 349 / 434 722 / 447 623 / 748 1,085 / 1,150 0 4:00 PM 12 59 8 22 30 12 17 129 15 11 251 49 615 0 0 1 0 1 4:15 PM 11 59 16 20 37 10 16 155 34 8 249 71 686 0 0 0 0 0 4:30 PM 12 56 21 28 43 11 12 132 17 8 281 62 683 0 0 0 0 0 4:45 PM 16 60 11 36 54 12 22 162 36 9 280 55 753 0 0 0 1 1 5:00 PM 24 93 14 37 45 24 21 139 12 20 288 73 790 0 0 0 0 0 5:15 PM 25 54 11 36 44 8 20 189 29 11 263 95 785 0 0 0 0 0 5:30 PM 16 69 11 33 29 10 28 122 20 9 249 107 703 0 0 0 0 0 5:45 PM 21 55 13 36 40 1 11 17 1 152 15 9 246 1 64 679 0 0 0 0 1 0 a VOLUMES 137 505 105 248 322 98 153 1,180 178 85 2,107 576 5,694 0 0 1 1 2 APPROACH% 18% 68% 14% 37% 48% 15% 10% 78% 12% 3% 76% 21% APP/DEPART 747 / 1,233 668 / 584 1,511 / 1,534 2,768 / 2,343 0 BEGIN PEAK HR 4:45 PM VOLUMES 81 276 47 142 172 54 91 612 97 49 1,080 330 3,031 APPROACH% 20% 68% 12% 39% 47% 15% 11% 77% 12% 3% 74% 23% PEAK HR FACTOR 0.771 0.868 0.840 0.957 0.959 APP/DEPART 1 404 / 697 1 368 / 317 1 800 / 802 1 1,459 / 1,215 1 0 Prospect } NORTH SIDE f I Irvine WEST SIDE EAST SIDE Irvine 1 1 SOUTH SIDE- Prospect PEDESTRIAN+BIKE CROSSINGS PEDESTRIAN CROSSINGS BICYCLE CROSSINGS N SIDE S SIDE E SIDE W SIDE TOTAL N SIDE S SIDE E SIDE W SIDE TOTAL NS SS ES WS TOTAL 7:00 AM 0 0 1 0 1 0 0 1 0 1 0 0 0 0 0 7:15 AM 0 1 8 0 9 0 1 7 0 8 0 0 1 0 1 7:30 AM 1 2 8 0 11 1 2 8 0 11 0 0 0 0 0 7:45 AM 3 0 5 3 11 3 0 4 3 10 0 0 1 0 1 a 8:00 AM 0 1 1 2 4 0 1 1 1 3 0 0 0 1 1 8:15 AM 0 1 1 0 2 0 0 1 0 1 0 1 0 0 1 8:30 AM 0 2 1 1 4 0 1 0 1 2 0 1 1 0 2 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 4 7 25 6 42 4 5 22 5 36 0 2 3 1 6 AM BEGIN PEAK HR 7:30 AM 4 3 14 4 25 4:00 PM 0 0 2 1 3 0 0 2 0 2 0 0 0 1 1 4:15 PM 0 1 2 1 4 0 1 0 0 1 0 0 2 1 3 4:30 PM 0 0 0 2 2 0 0 0 1 1 0 0 0 1 1 4:45 PM 0 0 1 0 1 0 0 0 0 0 0 0 1 0 1 IL 5:00 PM 0 0 1 0 1 0 0 1 0 1 0 0 0 0 0 5:15 PM 0 0 2 0 2 0 0 0 0 0 0 0 2 0 2 5:30 PM 1 0 2 1 4 1 0 2 1 4 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 1 1 10 5 17 1 1 5 2 9 0 0 5 3 1 8 PM BEGIN PEAK HR 4:45 PM 1 0 3 1 5 AimTD LLC TURNING MOVEMENT COUNTS Prospect 1,853 348 876 629 TOTAL 1,848 668 98 322 248 PM 1,233 1,185 250 554 381 AM 615 N M 11� M 00 00 O cn V M V -4 j M M O � W V N N A/ 0) N W Irvine W 0 V CD f�Jl N J o a a SC3442 o °n N Cl) N J� ALL HOURS D fD CJ r C o c mao CD _ � co N �^\ I- 00 I- co 0) W (Jl 00 N W A W V O A A N N fD In N 743 AM 106 352 72 530 584 PM 137 505 105 747 1,327 TOTAL 243 857 177 1,277 Prospect Prospect 1,090 209 515 366 TOTAL 1,131 368 54 172 142 PM 697 722 155 343 224 AM 434 N 000 c A 1 00 co A N Rm � W A O W N PEAK HOUR A 0 N 1 O A J 0 -- � m Q AM 7:30 AM O o Ce) Y) N 0 r o CN v PM 4:45 PM 1r � W � � E Ln O Ce) 447 AM 51 261 37 349 317 PM 81 276 47 404 764 Total 132 537 84 753 Prospect 17802 Irvine Boulevard Tustin Residential Development Project E P I o SOLUTIONS, INC. Focused Traffic Study Attachment C 14 Generated with =� 17802 Irvine Boulevard Tustin Existing AM Version 2022(SP 0-5) Table of Contents IntersectionAnalysis Summary...........................................................................................................................................................2 Intersection Level Of Service Report .................................................................................................................................................3 Intersection 1: Prospect Ave/Irvine Blvd .....................................................................................................................3 Intersection 2: Project Driveway/Irvine Blvd ..............................................................................................................5 Turning Movement Volume: Summary........................................................................................................................................... 7 EPD Solutions 1 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 1 Existing AM Report File: C:\...\Existing AM.pdf 7/21/2022 Intersection Analysis Summary ID Intersection Name Control Type Method Worst Mvmt V/C Delay (s/veh) LOS 1 Prospect Ave/Irvine Blvd Signalized ICU 1 WB Thru 0.609 - B 2 Project Driveway/Irvine Blvd Two-way stop HCM 7th WB Thru 0.012 0.0 A Edition V/C, Delay, LOS: For two-way stop, these values are taken from the movement with the worst (highest) delay value. For all other control types, they are taken for the whole intersection. EPD Solutions 2 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 1:Prospect Ave/Irvine Blvd Control Type: Signalized Delay(sec/veh): Analysis Method: ICU 1 Level Of Service: B Analysis Period: 15 minutes Volume to Capacity(v/c): 0.609 Intersection Setup Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Approach Northbound Southbound Eastbound Westbound Lane Configuration #11F 1 i F 4 I F 4 I Turning Movement Left Thru TRght Left Thru Right Left Thru Right Left Thru Right Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 1 0 1 0 1 0 1 0 Entry Pocket Length[ft] 80.00 110.00 150.00 170.00 No.of Lanes in Exit Pocket 0 0 0 0 0 0 0 0 Exit Pocket Length[ft] Speed[mph] 30.00 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 0.00 Crosswalk Yes Yes Yes Yes Volumes Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 51 261 37 224 343 155 82 487 54 50 1 944 91 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 0 0 0 _77-6 0 Site-Generated Trips[veh/h] TT 0 0 0 0 0 0 0 0 _77-6 0 Diverted Trips[veh/h] 0 0 0 0 0 0 0 0 0 _77-6 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Total Hourly Volume[veh/h] 51 261 37 224 343 155 82 487 54 50 944 91 Peak Hour Factor 0.6980 0.6980 0.6980 0.8022 0.8022 0.8022 0.7987 0.7987 0.7987 0.8923 0.8923 0.8923 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 18 93 13 70 107 48 26 152 17 14 264 25 Total Analysis Volume[veh/h] 73 374 53 279 428 193 103 610 68 56 1058 102 Pedestrian Volume[ped/h] 14 4 4 3 Bicycle Volume[bicycles/h] 1 1 1 0 EPD Solutions 3 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM Version 2022(SP 0-5) Intersection Settings Cycle Length[s] 100 Lost time[s] 5.00 Phasing&Timing Control Type ProtPer Permiss Permiss ProtPer Permiss Permiss Protecte Permiss Permiss Protecte Permiss Permiss Signal Group 1 6 5 2 3 8 7 4 Auxiliary Signal Groups Lead/Lag Lead Lead Lead Lead Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.04 0.13 0.13 1 0.16 0.18 1 0.18 1 0.06 0.13 0.13 1 0.03 0.23 0.23 Intersection LOS B Intersection V/C 0.609 EPD Solutions 4 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 2:Project Driveway/Irvine Blvd Control Type: Two-way stop Delay(sec/veh): 0.0 Analysis Method: HCM 7th Edition Level Of Service: A Analysis Period: 15 minutes Volume to Capacity(v/c): 0.012 Intersection Setup Name Project Driveway Irvine Blvd Irvine Blvd Approach Northbound Eastbound Westbound Lane Configuration "r 111 I I I I Turning Movement Left Right Thru Right Left Thru Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 0 0 0 0 1 0 Entry Pocket Length[ft] 90.00 No.of Lanes in Exit Pocket 0 0 1 0 0 0 Exit Pocket Length[ft] 30.00 Speed[mph] 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 Crosswalk Yes No No Volumes Name Project Driveway Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 0 0 748 0 0 1085 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 Site-Generated Trips[veh/h] 0 0 0 0 0 0 Diverted Trips[veh/h] 0 0 0 0 0 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 Total Hourly Volume[veh/h] 0 0 748 0 0 1085 Peak Hour Factor 0.6980 0.6980 0.7987 0.7987 0.8923 0.8923 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 0 0 234 0 0 304 Total Analysis Volume[veh/h] 0 0 937 0 0 1216 Pedestrian Volume[ped/h] 0 EPD Solutions 5 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM Version 2022(SP 0-5) Intersection Settings Priority Scheme Stop Free Free Flared Lane No Storage Area[veh] Two-Stage Gap Acceptance No Number of Storage Spaces in Median Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.00 0.00 0.00 d_M,Delay for Movement[s/veh] Movement LOS A A 95th-Percentile Queue Length[veh/In] 0.00 0.00 95th-Percentile Queue Length[ft/In] 0.00 0.00 d_A,Approach Delay[s/veh] 0.00 0.00 Approach LOS A A d_I,Intersection Delay[s/veh] 0.00 Intersection LOS A EPD Solutions 6 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 1 Existing AM Report File: C:\...\Existing AM.pdf 7/21/2022 Turning Movement Volume: Summary Northbound Southbound Eastbound Westbound Total ID Intersection Name Left Thru Right Left Thru Right Left Thru Right Left Thru Right Volume 1 Prospect Ave/Irvine Blvd 51 261 37 224 343 155 82 1 487 54 50 944 91 2779 ID Intersection Name Northbound Eastbound Westbound Total Left Right Thru Right Left Thru Volume 2 Project Driveway/Irvine Blvd 0 0 748 0 0 1085 1833 EPD Solutions 7 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM Version 2022(SP 0-5) Table of Contents IntersectionAnalysis Summary...........................................................................................................................................................2 Intersection Level Of Service Report .................................................................................................................................................3 Intersection 1: Prospect Ave/Irvine Blvd .....................................................................................................................3 Intersection 2: Project Driveway/Irvine Blvd ..............................................................................................................5 Turning Movement Volume: Summary........................................................................................................................................... 7 EPD Solutions 1 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 2 Existing PM Report File: C:\...\Existing PM.pdf 7/21/2022 Intersection Analysis Summary ID Intersection Name Control Type Method Worst Mvmt V/C Delay (s/veh) LOS 1 Prospect Ave/Irvine Blvd Signalized ICU 1 WB Thru 0.622 - B 2 Project Driveway/Irvine Blvd Two-way stop HCM 7th WB Thru 0.015 0.0 A Edition V/C, Delay, LOS: For two-way stop, these values are taken from the movement with the worst (highest) delay value. For all other control types, they are taken for the whole intersection. EPD Solutions 2 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 1:Prospect Ave/Irvine Blvd Control Type: Signalized Delay(sec/veh): Analysis Method: ICU 1 Level Of Service: B Analysis Period: 15 minutes Volume to Capacity(v/c): 0.622 Intersection Setup Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Approach Northbound Southbound Eastbound Westbound Lane Configuration #11F 1 i F 4 I F 4 I Turning Movement Left Thru TRght Left Thru Right Left Thru Right Left Thru Right Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 1 0 1 0 1 0 1 0 Entry Pocket Length[ft] 80.00 110.00 150.00 170.00 No.of Lanes in Exit Pocket 0 0 0 0 0 0 0 0 Exit Pocket Length[ft] Speed[mph] 30.00 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 0.00 Crosswalk Yes Yes Yes Yes Volumes Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 81 276 47 142 172 54 91 612 97 49 1080 330 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 0 0 0 _77-6 0 Site-Generated Trips[veh/h] TT 0 0 0 0 0 0 0 0 _77-6 0 Diverted Trips[veh/h] 0 0 0 0 0 0 0 0 0 _77-6 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Total Hourly Volume[veh/h] 81 276 47 142 172 54 91 612 97 49 1080 330 Peak Hour Factor 0.7710 0.7710 0.7710 0.8679 0.8679 0.8679 0.8403 0.8403 0.8403 0.9573 0.9573 0.9573 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 26 89 15 41 50 16 27 182 29 13 282 86 Total Analysis Volume[veh/h] 105 358 61 164 198 62 108 728 115 51 1128 345 Pedestrian Volume[ped/h] 0 0 0 0 Bicycle Volume[bicycles/h] 0 0 0 0 EPD Solutions 3 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM Version 2022(SP 0-5) Intersection Settings Cycle Length[s] 100 Lost time[s] 5.00 Phasing&Timing Control Type ProtPer Permiss Permiss ProtPer Permiss Permiss Protecte Permiss Permiss Protecte Permiss Permiss Signal Group 1 6 5 2 3 8 7 4 Auxiliary Signal Groups Lead/Lag Lead Lead Lead Lead Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.06 0.12 0.12 1 0.10 0.08 1 0.08 1 0.06 0.17 0.17 1 0.03 0.29 0.29 Intersection LOS B Intersection V/C 0.622 EPD Solutions 4 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 2:Project Driveway/Irvine Blvd Control Type: Two-way stop Delay(sec/veh): 0.0 Analysis Method: HCM 7th Edition Level Of Service: A Analysis Period: 15 minutes Volume to Capacity(v/c): 0.015 Intersection Setup Name Project Driveway Irvine Blvd Irvine Blvd Approach Northbound Eastbound Westbound Lane Configuration "r 111 I I I I Turning Movement Left Right Thru Right Left Thru Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 0 0 0 0 1 0 Entry Pocket Length[ft] 90.00 No.of Lanes in Exit Pocket 0 0 1 0 0 0 Exit Pocket Length[ft] 25.00 Speed[mph] 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 Crosswalk Yes No No Volumes Name Project Driveway Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 0 0 801 0 0 1459 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 Site-Generated Trips[veh/h] 0 0 0 0 0 0 Diverted Trips[veh/h] 0 0 0 0 0 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 Total Hourly Volume[veh/h] 0 0 801 0 0 1459 Peak Hour Factor 0.7710 0.7710 0.8403 0.8403 0.9573 0.9573 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 0 0 238 0 0 381 Total Analysis Volume[veh/h] 0 0 953 0 0 1524 Pedestrian Volume[ped/h] 0 EPD Solutions 5 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM Version 2022(SP 0-5) Intersection Settings Priority Scheme Stop Free Free Flared Lane No Storage Area[veh] Two-Stage Gap Acceptance No Number of Storage Spaces in Median Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.00 0.00 0.00 d_M,Delay for Movement[s/veh] Movement LOS A A 95th-Percentile Queue Length[veh/In] 0.00 0.00 95th-Percentile Queue Length[ft/In] 0.00 0.00 d_A,Approach Delay[s/veh] 0.00 0.00 Approach LOS A A d_I,Intersection Delay[s/veh] 0.00 Intersection LOS A EPD Solutions 6 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 2 Existing PM Report File: C:\...\Existing PM.pdf 7/21/2022 Turning Movement Volume: Summary Northbound Southbound Eastbound Westbound Total ID Intersection Name Left Thru Right Left Thru Right Left Thru Right Left Thru Right Volume 1 Prospect Ave/Irvine Blvd 81 276 47 142 172 54 91_j 612 97 49 1080 330 3031 ID Intersection Name Northbound Eastbound Westbound Total Left Right Thru Right Left Thru Volume 2 Project Driveway/Irvine Blvd 0 0 801 0 0 1459 2260 EPD Solutions 7 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM+P Version 2022(SP 0-5) Table of Contents IntersectionAnalysis Summary...........................................................................................................................................................2 Intersection Level Of Service Report .................................................................................................................................................3 Intersection 1: Prospect Ave/Irvine Blvd .....................................................................................................................3 Intersection 2: Project Driveway/Irvine Blvd ..............................................................................................................5 Turning Movement Volume: Summary........................................................................................................................................... 7 EPD Solutions 1 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM+P Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 3 Existing AM + P Report File: C:\...\Existing AM + P.pdf 7/21/2022 Intersection Analysis Summary ID Intersection Name Control Type Method Worst Mvmt V/C Delay (s/veh) LOS 1 Prospect Ave/Irvine Blvd Signalized ICU 1 WB Thru 0.612 - B 2 Project Driveway/Irvine Blvd Two-way stop HCM 7th NB Left 0.075 25.8 D Edition V/C, Delay, LOS: For two-way stop, these values are taken from the movement with the worst (highest) delay value. For all other control types, they are taken for the whole intersection. EPD Solutions 2 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM+P Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 1:Prospect Ave/Irvine Blvd Control Type: Signalized Delay(sec/veh): Analysis Method: ICU 1 Level Of Service: B Analysis Period: 15 minutes Volume to Capacity(v/c): 0.612 Intersection Setup Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Approach Northbound Southbound Eastbound Westbound Lane Configuration #11F 1 i F 4 I F 4 I Turning Movement Left Thru TRght Left Thru Right Left Thru Right Left Thru Right Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 1 0 1 0 1 0 1 0 Entry Pocket Length[ft] 80.00 110.00 150.00 170.00 No.of Lanes in Exit Pocket 0 0 0 0 0 0 0 0 Exit Pocket Length[ft] Speed[mph] 30.00 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 0.00 Crosswalk Yes Yes Yes Yes Volumes Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 51 261 37 224 343 155 82 487 54 50 1 944 91 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 0 0 0 _77-6 0 Site-Generated Trips[veh/h] 0 0 1 1 1 1 0 0 0 1 3 1 0 1 8 1 1 Diverted Trips[veh/h] TT 0 0 0 0 0 0 0 0 _77-6 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Total Hourly Volume[veh/h] 51 261 38 225 343 155 82 490 54 51 952 92 Peak Hour Factor 0.6980 0.6980 0.6980 0.8022 0.8022 0.8022 0.7987 0.7987 0.7987 0.8923 0.8923 0.8923 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 18 93 14 70 107 48 26 153 17 14 267 26 Total Analysis Volume[veh/h] 73 374 54 280 428 193 103 613 68 57 1067 103 Pedestrian Volume[ped/h] 14 4 4 3 Bicycle Volume[bicycles/h] 1 1 1 0 EPD Solutions 3 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM+P Version 2022(SP 0-5) Intersection Settings Cycle Length[s] 100 Lost time[s] 5.00 Phasing&Timing Control Type ProtPer Permiss Permiss ProtPer Permiss Permiss Protecte Permiss Permiss Protecte Permiss Permiss Signal Group 1 6 5 2 3 8 7 4 Auxiliary Signal Groups Lead/Lag Lead Lead Lead Lead Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.04 0.13 0.13 1 0.16 0.18 1 0.18 1 0.06 0.13 0.13 1 0.03 0.23 0.23 Intersection LOS B Intersection V/C 0.612 EPD Solutions 4 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM+P Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 2:Project Driveway/Irvine Blvd Control Type: Two-way stop Delay(sec/veh): 25.8 Analysis Method: HCM 7th Edition Level Of Service: D Analysis Period: 15 minutes Volume to Capacity(v/c): 0.075 Intersection Setup Name Project Driveway Irvine Blvd Irvine Blvd Approach Northbound Eastbound Westbound Lane Configuration "r 111 I I I I Turning Movement Left Right Thru Right Left Thru Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 0 0 0 0 1 0 Entry Pocket Length[ft] 90.00 No.of Lanes in Exit Pocket 0 0 1 0 0 0 Exit Pocket Length[ft] 25.00 Speed[mph] 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 Crosswalk Yes No No Volumes Name Project Driveway Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 0 0 748 0 0 1085 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 Site-Generated Trips[veh/h] 10 4 0 5 2 0 Diverted Trips[veh/h] 0 0 0 0 0 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 Total Hourly Volume[veh/h] 10 4 748 5 2 1085 Peak Hour Factor 0.6980 0.6980 0.7987 0.7987 0.8923 0.8923 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 4 1 234 2 1 304 Total Analysis Volume[veh/h] 14 6 937 6 2 1216 Pedestrian Volume[ped/h] 0 EPD Solutions 5 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM+P Version 2022(SP 0-5) Intersection Settings Priority Scheme Stop Free Free Flared Lane No Storage Area[veh] Two-Stage Gap Acceptance No Number of Storage Spaces in Median Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.08 0.01 0.00 d_M,Delay for Movement[s/veh] 25.85 14.34 13.68 Movement LOS D B A A B A 95th-Percentile Queue Length[veh/In] 0.29 0.29 0.00 0.00 0.01 0.00 95th-Percentile Queue Length[ft/In] 7.17 7.17 0.00 0.00 0.36 0.00 d_A,Approach Delay[s/veh] 22.39 0.00 0.02 Approach LOS C A A d_I,Intersection Delay[s/veh] 0.22 Intersection LOS D EPD Solutions 6 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing AM+P Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 3 Existing AM + P Report File: C:\...\Existing AM + P.pdf 7/21/2022 Turning Movement Volume: Summary Northbound Southbound Eastbound Westbound Total ID Intersection Name Left Thru Right Left Thru Right Left Thru Right Left Thru Right Volume 1 Prospect Ave/Irvine Blvd 51 261 38 225 343 155 82 1 490 54 51 952 92 2794 ID Intersection Name Northbound Eastbound Westbound Total Left Right Thru Right Left Thru Volume 2 Project Driveway/Irvine Blvd 10 4 748 5 2 1085 1854 EPD Solutions 7 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM+P Version 2022(SP 0-5) Table of Contents IntersectionAnalysis Summary...........................................................................................................................................................2 Intersection Level Of Service Report .................................................................................................................................................3 Intersection 1: Prospect Ave/Irvine Blvd .....................................................................................................................3 Intersection 2: Project Driveway/Irvine Blvd ..............................................................................................................5 Turning Movement Volume: Summary........................................................................................................................................... 7 EPD Solutions 1 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM+P Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 4 Existing PM + P Report File: C:\...\Existing PM + P.pdf 7/21/2022 Intersection Analysis Summary ID Intersection Name Control Type Method Worst Mvmt V/C Delay (s/veh) LOS 1 Prospect Ave/Irvine Blvd Signalized ICU 1 WB Thru 0.624 - B 2 Project Driveway/Irvine Blvd Two-way stop HCM 7th NB Left 0.058 29.4 D Edition V/C, Delay, LOS: For two-way stop, these values are taken from the movement with the worst (highest) delay value. For all other control types, they are taken for the whole intersection. EPD Solutions 2 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM+P Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 1:Prospect Ave/Irvine Blvd Control Type: Signalized Delay(sec/veh): Analysis Method: ICU 1 Level Of Service: B Analysis Period: 15 minutes Volume to Capacity(v/c): 0.624 Intersection Setup Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Approach Northbound Southbound Eastbound Westbound Lane Configuration #11F 1 i F 4 I F 4 I Turning Movement Left Thru TRght Left Thru Right Left Thru Right Left Thru Right Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 1 0 1 0 1 0 1 0 Entry Pocket Length[ft] 80.00 110.00 150.00 170.00 No.of Lanes in Exit Pocket 0 0 0 0 0 0 0 0 Exit Pocket Length[ft] Speed[mph] 30.00 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 0.00 Crosswalk Yes Yes Yes Yes Volumes Name Prospect Ave Prospect Ave Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 81 276 47 142 172 54 91 612 97 49 1080 330 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 0 0 0 _77-6 0 Site-Generated Trips[veh/h] 0 0 1 1 1 1 0 0 0 1 7 1 0 1 5 1 1 Diverted Trips[veh/h] TT 0 0 0 0 0 0 0 0 _77-6 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Total Hourly Volume[veh/h] 81 276 48 143 172 54 91 619 97 50 1085 331 Peak Hour Factor 0.7710 0.7710 0.7710 0.8679 0.8679 0.8679 0.8403 0.8403 0.8403 0.9573 0.9573 0.9573 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 26 89 16 41 50 16 27 184 29 13 283 86 Total Analysis Volume[veh/h] 105 358 62 165 198 62 108 737 115 52 1133 346 Pedestrian Volume[ped/h] 0 0 0 0 Bicycle Volume[bicycles/h] 0 0 0 0 EPD Solutions 3 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM+P Version 2022(SP 0-5) Intersection Settings Cycle Length[s] 100 Lost time[s] 5.00 Phasing&Timing Control Type ProtPer Permiss Permiss ProtPer Permiss Permiss Protecte Permiss Permiss Protecte Permiss Permiss Signal Group 1 6 5 2 3 8 7 4 Auxiliary Signal Groups Lead/Lag Lead Lead Lead Lead Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.06 0.12 0.12 1 0.10 0.08 1 0.08 1 0.06 0.17 0.17 1 0.03 0.29 0.29 Intersection LOS B Intersection V/C 0.624 EPD Solutions 4 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM+P Version 2022(SP 0-5) Intersection Level Of Service Report Intersection 2:Project Driveway/Irvine Blvd Control Type: Two-way stop Delay(sec/veh): 29.4 Analysis Method: HCM 7th Edition Level Of Service: D Analysis Period: 15 minutes Volume to Capacity(v/c): 0.058 Intersection Setup Name Project Driveway Irvine Blvd Irvine Blvd Approach Northbound Eastbound Westbound Lane Configuration "r 111 I I I I Turning Movement Left Right Thru Right Left Thru Lane Width[ft] 12.00 12.00 12.00 12.00 12.00 12.00 No.of Lanes in Entry Pocket 0 0 0 0 1 0 Entry Pocket Length[ft] 90.00 No.of Lanes in Exit Pocket 0 0 1 0 0 0 Exit Pocket Length[ft] 25.00 Speed[mph] 30.00 40.00 40.00 Grade[%] 0.00 0.00 0.00 Crosswalk Yes No No Volumes Name Project Driveway Irvine Blvd Irvine Blvd Base Volume Input[veh/h] 0 0 801 0 0 1459 Base Volume Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Heavy Vehicles Percentage[%] 2.00 2.00 2.00 2.00 2.00 2.00 Growth Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 In-Process Volume[veh/h] 0 0 0 0 0 0 Site-Generated Trips[veh/h] 7 3 0 9 4 0 Diverted Trips[veh/h] 0 0 0 0 0 0 Pass-by Trips[veh/h] 0 0 0 0 0 0 Existing Site Adjustment Volume[veh/h] 0 0 0 0 0 0 Other Volume[veh/h] 0 0 0 0 0 0 Total Hourly Volume[veh/h] 7 3 801 9 4 1459 Peak Hour Factor 0.7710 0.7710 0.8403 0.8403 0.9573 0.9573 Other Adjustment Factor 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total 15-Minute Volume[veh/h] 2 1 238 3 1 381 Total Analysis Volume[veh/h] 9 4 953 11 4 1524 Pedestrian Volume[ped/h] 0 EPD Solutions 5 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM+P Version 2022(SP 0-5) Intersection Settings Priority Scheme Stop Free Free Flared Lane No Storage Area[veh] Two-Stage Gap Acceptance No Number of Storage Spaces in Median Movement,Approach,&Intersection Results V/C,Movement V/C Ratio 0.06 0.01 0.01 d_M,Delay for Movement[s/veh] 29.44 14.25 13.92 Movement LOS D B A A B A 95th-Percentile Queue Length[veh/In] 0.21 0.21 0.00 0.00 0.03 0.00 95th-Percentile Queue Length[ft/In] 5.30 5.30 0.00 0.00 0.74 0.00 d_A,Approach Delay[s/veh] 24.76 0.00 0.04 Approach LOS C A A d_I,Intersection Delay[s/veh] 0.15 Intersection LOS D EPD Solutions 6 7/21/2022 Generated with =� 17802 Irvine Boulevard Tustin Existing PM+P Version 2022(SP 0-5) 17802 Irvine Boulevard Tustin Vistro File: C:\...\Irvine Boulevard.vistro Scenario 4 Existing PM + P Report File: C:\...\Existing PM + P.pdf 7/21/2022 Turning Movement Volume: Summary Northbound Southbound Eastbound Westbound Total ID Intersection Name Left Thru Right Left Thru Right Left Thru Right Left Thru Right Volume 1 Prospect Ave/Irvine Blvd 81 276 48 143 172 54 91_j 619 97 50 1085 331 3047 ID Intersection Name Northbound Eastbound Westbound Total Left Right Thru Right Left Thru Volume 2 Project Driveway/Irvine Blvd 7 3 801 9 4 1459 2283 EPD Solutions 7 7/21/2022 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTIONS, INC. Focused Traffic Study Attachment D 15 Land Use: 210 Single-Family Detached Housing Description A single-family detached housing site includes any single-family detached home on an individual lot. A typical site surveyed is a suburban subdivision. Specialized Land Use Data have been submitted for several single-family detached housing developments with homes that are commonly referred to as patio homes. A patio home is a detached housing unit that is located on a small lot with little (or no) front or back yard. In some subdivisions, communal maintenance of outside grounds is provided for the patio homes. The three patio home sites total 299 dwelling units with overall weighted average trip generation rates of 5.35 vehicle trips per dwelling unit for weekday, 0.26 for the AM adjacent street peak hour, and 0.47 for the PM adjacent street peak hour. These patio home rates based on a small sample of sites are lower than those for single-family detached housing (Land Use 210), lower than those for single-family attached housing (Land Use 251), and higher than those for senior adult housing -- single-family (Land Use 251). Further analysis of this housing type will be conducted in a future edition of Trip Generation Manual. Additional Data The technical appendices provide supporting information on time-of-day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https://www.ite.org/technical-resources/topics/trip- ........................................................................................ and-parking-generation/). ......................................... For 30 of the study sites, data on the number of residents and number of household vehicles are available. The overall averages for the 30 sites are 3.6 residents per dwelling unit and 1.5 vehicles per dwelling unit. The sites were surveyed in the 1980s,the 1990s, the 2000s, and the 2010s in Arizona, California, Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Minnesota, Montana, New Jersey, North Carolina, Ohio, Ontario (CAN), Oregon, Pennsylvania, South Carolina, South Dakota,Tennessee, Vermont, Virginia, and West Virginia. Source Numbers 100, 105, 114, 126, 157, 167, 177, 197, 207, 211, 217, 267, 275, 293, 300, 319, 320, 356, 357, 367, 384, 387, 407, 435, 522, 550, 552, 579, 598, 601, 603, 614, 637, 711, 716, 720, 728, 735, 868, 869, 903, 925, 936, 1005, 1007, 1008, 1010, 1033, 1066, 1077,1078, 1079 218 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 174 Avg. Num. of Dwelling Units: 246 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 9.43 4.45-22.61 2.13 Data Plot and Equation 30000 20000 N � w X Qi' X i II � X 10000 X' I X X X 0 0 1000 2000 3000 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T)=0.92 Ln(X)+2.68 R2=0.95 ��� General Urban/Suburban and Rural (Land Uses 000-399) 219 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 192 Avg. Num. of Dwelling Units: 226 Directional Distribution: 26%entering, 74%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.70 0.27 - 2.27 0.24 Data Plot and Equation 2000 X X �. X .' N '6 LU X ' N 2_ H 1000 II � i F_ X i i X XXi x ,' X i X X X XX( 0 1000 2000 30)0 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.91 Ln(X) +0.12 R2=0.90 220 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 208 Avg. Num. of Dwelling Units: 248 Directional Distribution: 63%entering, 37%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.94 0.35- 2.98 0.31 Data Plot and Equation 3000 X i X 2000 � i N X LU N 2_ i i II � F_ i X i X X 1000 X X XXXX X X X X X X 0 0 1000 2000 3000 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.94 Ln(X) +0.27 R2=0.92 ��� General Urban/Suburban and Rural (Land Uses 000-399) 221 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 169 Avg. Num. of Dwelling Units: 217 Directional Distribution: 26%entering, 74%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.75 0.34- 2.27 0.25 Data Plot and Equation 2000 X X X .' N I' LU X ' N 'I 2_ , H 1000 i II � ~ X X XX X X X X XX 1000 2000 3000 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.71(X) +7.23 R2=0.91 222 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 178 Avg. Num. of Dwelling Units: 203 Directional Distribution: 64%entering, 36%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.99 0.49- 2.98 0.28 Data Plot and Equation z000 X w X ' N X / a 1000 ii X ,X / X XXXX X X X X X X XX 0 0 1000 2000 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.93 Ln(X) +0.36 R2=0.92 ��� General Urban/Suburban and Rural (Land Uses 000-399) 223 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Saturday Setting/Location: General Urban/Suburban Number of Studies: 63 Avg. Num. of Dwelling Units: 179 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 9.48 3.36- 16.52 2.26 Data Plot and Equation 8000 X X 6000 i i i i i W a � 4000 X u X X Xxxx< 7CX 2000 y X 7C X X X X X 0 0 1000 2000 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.97 Ln(X) +2.40 R2=0.91 224 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 42 Avg. Num. of Dwelling Units: 152 Directional Distribution: 54%entering, 46%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.92 0.41 - 1.78 0.27 Data Plot and Equation 600 , X ♦ ♦ �. X ♦ ♦ ♦ 400 ♦ X .� N ♦ X LI , W � N , !Z , II , ~ X�♦ ♦ X X 200 X X X X X XX ♦♦X X X X , ♦ 0 0 200 400 600 800 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.86(X) +9.72 R2=0.89 ��� General Urban/Suburban and Rural (Land Uses 000-399) 225 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Sunday Setting/Location: General Urban/Suburban Number of Studies: 60 Avg. Num. of Dwelling Units: 186 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 8.48 2.61 - 16.44 1.74 Data Plot and Equation 10000 X 8000 / / / / / / / / w 6000 / / LU X / N / !Z / II / H / / 4000 / / X /X / X 2000 X X XX X X 0 0 1000 2000 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=8.86(X)-70.09 R2=0.94 226 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Sunday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 40 Avg. Num. of Dwelling Units: 162 Directional Distribution: 53%entering, 47%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.83 0.36- 1.67 0.19 Data Plot and Equation 600 X X 400 N , W N !Z , , X II X i H � X X i X 200 X X X X X X X X X X X X XX 0 0 200 400 600 800 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.80(X) +4.76 R2=0.92 ��� General Urban/Suburban and Rural (Land Uses 000-399) 227 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 30 Avg. Num. of Residents: 810 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 2.65 1.56- 5.62 0.64 Data Plot and Equation 10000 X a000 , .' X w6000 -- --------- --------- ------- --------- --------- --------- ---- i------ ------- - --------- --------- ------- W ' i N ' X Z i , II � F_ i 4000 , X , X X z000 X C X X 0 0 1000 2000 3000 4000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.89 Ln(X) + 1.72 R2=0.96 228 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 21 Avg. Num. of Residents: 1100 Directional Distribution: 31%entering, 69%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.21 0.12- 0.42 0.08 Data Plot and Equation 2000 LU X a H 1000 u X X X X ' X X X X 0 0 1000 2000 3000 4000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.97 Ln(X)-1.43 R2=0.88 ��� General Urban/Suburban and Rural (Land Uses 000-399) 229 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 21 Avg. Num. of Residents: 1083 Directional Distribution: 66%entering, 34%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.28 0.12- 0.60 0.08 Data Plot and Equation 2000 LU X a H 1000 u XX X X X X X X 0 0 1000 2000 3000 4000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.27(X) +9.67 R2=0.89 230 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 22 Avg. Num. of Residents: 1073 Directional Distribution: 30%entering, 70%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.21 0.12- 0.42 0.08 Data Plot and Equation 2000 LU X a H 1000 u X' -X' X X XX ' X X� X X X 0 0 1000 2000 3000 4000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.96 Ln(X)-1.39 R2=0.88 ��� General Urban/Suburban and Rural (Land Uses 000-399) 231 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 21 Avg. Num. of Residents: 1083 Directional Distribution: 66%entering, 34%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.28 0.12- 0.60 0.08 Data Plot and Equation 2000 LU X a H 1000 u XX X X X X X X 0 0 1000 2000 3000 4000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.27(X) +9.67 R2=0.89 232 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Saturday Setting/Location: General Urban/Suburban Number of Studies: 14 Avg. Num. of Residents: 1085 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 2.48 1.43- 3.63 0.46 Data Plot and Equation 8000 X ,. 6000 r Lu , N , 4000 , u i H X ' X 2000 X X .X X . X � X� 0 0 1000 2000 3000 4000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=2.32(X) + 183.13 R2=0.96 ��� General Urban/Suburban and Rural (Land Uses 000-399) 233 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 11 Avg. Num. of Residents: 875 Directional Distribution: 54%entering, 46%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.27 0.19- 0.41 0.08 Data Plot and Equation 600 / X / / X / / / / / / / / 400 X N LU / N , !Z � II / ~ I' , 200 , X v// / X X 0 0 1000 2000 3000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.19(X) +69.16 R2=0.91 234 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Sunday Setting/Location: General Urban/Suburban Number of Studies: 14 Avg. Num. of Residents: 1085 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 2.42 1.62- 3.16 0.43 Data Plot and Equation 10000 X 8000 , w6000 --- --------- --------- ------- --------- --------- --------- ----- ------� - - ------ - --------- --------- ------ w X X !Z , i II i F_ , 4000 X 2000 X 0 0 1000 2000 3000 4000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.96 Ln(X) + 1.17 R2=0.96 ��� General Urban/Suburban and Rural (Land Uses 000-399) 235 Single-Family Detached Housing (210) Vehicle Trip Ends vs: Residents On a: Sunday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 12 Avg. Num. of Residents: 870 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.25 0.19- 0.35 0.05 Data Plot and Equation 600 ♦ ♦ ♦ .� X ♦ ♦i X ♦ 400 ♦ ♦ N � Lu N ♦ !Z II X X .� 200 X�♦ ♦ , I� X I , , V ♦ V 0 0 1000 2000 3000 X=Number of Residents X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.83 Ln(X)-0.23 R2=0.98 236 Trip Generation Manual 11th Edition •Volume 3 its Land Use: 215 Single-Family Attached Housing Description Single-family attached housing includes any single-family housing unit that shares a wall with an adjoining dwelling unit, whether the walls are for living space, a vehicle garage, or storage space. Additional Data The database for this land use includes duplexes (defined as a single structure with two distinct dwelling units,typically joined side-by-side and each with at least one outside entrance) and townhouses/rowhouses (defined as a single structure with three or more distinct dwelling units, joined side-by-side in a row and each with an outside entrance). The technical appendices provide supporting information on time-of-day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https://www.ite.org/technical-resources/topics/trip- ........................................................................................ and-parking-generation/). ......................................... The sites were surveyed in the 1980s,the 1990s, the 2000s, and the 2010s in British Columbia (CAN), California, Georgia, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Ontario (CAN), Oregon, Pennsylvania, South Dakota, Utah, Virginia, and Wisconsin. Source Numbers 168, 204, 211, 237, 305, 306, 319, 321, 357, 390, 418, 525, 571, 583, 638, 735, 868, 869, 870, 896, 912, 959, 1009, 1046, 1056, 1058, 1077 itsGeneral Urban/Suburban and Rural (Land Uses 000-399) 237 Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 22 Avg. Num. of Dwelling Units: 120 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 7.20 4.70- 10.97 1.61 Data Plot and Equation s000 X 4000 w 3000 Lu N II ' i 2000 v i X X X 1000 XX XX 0 0 200 400 600 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=7.62(X)-50.48 R2=0.94 238 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 46 Avg. Num. of Dwelling Units: 135 Directional Distribution: 31%entering, 69%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.48 0.12- 0.74 0.14 Data Plot and Equation 500 X 400 / U) 300 Lu N a X X II 200 X X 100 X X X XX X XX 0 0 200 400 600 800 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.52(X)-5.70 R2=0.92 ��� General Urban/Suburban and Rural (Land Uses 000-399) 239 Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 51 Avg. Num. of Dwelling Units: 136 Directional Distribution: 57%entering, 43%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.57 0.17 - 1.25 0.18 Data Plot and Equation 500 X X 400 i i U) 300 ' Wu i N /' !Z II i F_ X i' i 200 XX X X i'iX i i' X 100 X X X X X X X X X X X 0 0 200 400 600 800 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=0.60(X)-3.93 R2=0.91 240 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 31 Avg. Num. of Dwelling Units: 110 Directional Distribution: 25%entering, 75%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.55 0.35- 0.97 0.16 Data Plot and Equation 300 200 / Lu N X H X/' X / X 100 X X X� X X X X X X 7J( X X X X 0 0 100 200 300 400 500 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.92 Ln(X)-0.26 R2=0.91 ��� General Urban/Suburban and Rural (Land Uses 000-399) 241 Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 34 Avg. Num. of Dwelling Units: 110 Directional Distribution: 62%entering, 38%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.61 0.29- 1.25 0.18 Data Plot and Equation 300 i .' X X 200 Lu i N a X X �• X i 100 X X X X X X xxX X XX,X X X . X 0 0 100 200 300 400 500 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.88 Ln(X) +0.06 R2=0.87 242 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Saturday Setting/Location: General Urban/Suburban Number of Studies: 5 Avg. Num. of Dwelling Units: 100 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 8.76 6.75- 11.40 2.02 Data Plot and Equation z000 X C /� W N Q H 1000 k� u H X i X X 0 0 100 200 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=13.21(X)-444.34 R2=0.91 ��� General Urban/Suburban and Rural (Land Uses 000-399) 243 Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 7 Avg. Num. of Dwelling Units: 182 Directional Distribution: 48%entering, 52%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.57 0.46- 0.93 0.17 Data Plot and Equation 300 X 200 N Lu / N / Q / X II X / 100 / X / / / / 0 0 100 200 300 400 500 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.82 Ln(X) +0.43 R2=0.91 244 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Sunday Setting/Location: General Urban/Suburban Number of Studies: 5 Avg. Num. of Dwelling Units: 100 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 7.17 5.52- 8.41 1.34 Data Plot and Equation z000 N X LU N 2_ H 1000 II X X X X 0 0 100 zoo X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=9.79(X)-262.10 R2=0.93 ��� General Urban/Suburban and Rural (Land Uses 000-399) 245 Single-Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Sunday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 5 Avg. Num. of Dwelling Units: 100 Directional Distribution: Not Available Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.79 0.54- 1.07 0.24 Data Plot and Equation 200 X N X LU N i 100 u X X X 0 0 100 200 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation:T=1.18(X)-38.18 R2=0.83 246 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Attached Housing (215) Vehicle Trip Ends vs: Residents On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 1 Avg. Num. of Residents: 36 Directional Distribution: 50%entering, 50%exiting Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 3.28 3.28- 3.28 Data Plot and Equation Caution—Small Sample Size 200 X w a 100 u 0 0 10 20 30 40 X=Number of Residents X Study Site - - - - - Average Rate Fitted Curve Equation: Not Given R2=*** ��� General Urban/Suburban and Rural (Land Uses 000-399) 247 Single-Family Attached Housing (215) Vehicle Trip Ends vs: Residents On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 1 Avg. Num. of Residents: 36 Directional Distribution: Not Available Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.39 0.39- 0.39 Data Plot and Equation Caution-Small Sample Size 20 X w a H 10 u 0 0 10 20 30 40 X=Number of Residents X Study Site - - - - - Average Rate Fitted Curve Equation: Not Given R2=*** 248 Trip Generation Manual 11th Edition •Volume 3 its Single-Family Attached Housing (215) Vehicle Trip Ends vs: Residents On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 1 Avg. Num. of Residents: 36 Directional Distribution: Not Available Vehicle Trip Generation per Resident Average Rate Range of Rates Standard Deviation 0.44 0.44- 0.44 Data Plot and Equation Caution-Small Sample Size 20 X w a H 10 u 0 0 10 20 30 40 X=Number of Residents X Study Site - - - - - Average Rate Fitted Curve Equation: Not Given R2=*** ��� General Urban/Suburban and Rural (Land Uses 000-399) 249 Single-Family Attached Housing (215) Walk+Bike+Transit Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 7 Avg. Num. of Dwelling Units: 87 Directional Distribution: 75%entering, 25%exiting Walk+Bike+Transit Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.11 0.03- 0.36 0.09 Data Plot and Equation 40 X 30 Lu -, N 2_ i 20 II F_ -- 10 �x x- x x x . x 0 0 100 200 300 X=Number of Dwelling Units X Study Site - - - - - Average Rate Fitted Curve Equation: Not Given R2=*** 250 Trip Generation Manual 11th Edition •Volume 3 �� Single-Family Attached Housing (215) Walk+Bike+Transit Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 7 Avg. Num. of Dwelling Units: 87 Directional Distribution: 38%entering, 62%exiting Walk+Bike+Transit Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.18 0.08- 0.31 0.11 Data Plot and Equation 50 X 40 t ♦ ♦ ♦ ♦ U) 30 -- --------- --------- --------- -------- ------ --------- ------- Lu N !Z ♦ II � ♦ 20 , X ,' X 10 fX ♦ X , 0 0 100 200 300 X=Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: Ln(T) =0.69 Ln(X)-0.42 R2=0.65 ��� General Urban/Suburban and Rural (Land Uses 000-399) 251 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTION8, INC. Focused Traffic Study Attachment E 16 Generated with M '■ 17802 Irvine Boulevard Tustin AM Project Assignment Version 2022(SP 0-5) Traffic Volume - Net New Site Trips r rni i �q m,, a� Mal 'IM-9 raftEw'.– I,ZIESION" 1 f o - t ,. fr"--P�ylrospect Ave/Irvine Blvd frProject Driveway/Irvine Blvd .I ' / Ddb ` ` / ----- Y 0 1 q q Docs os v EPD Solutions 1 7/13/2022 Generated with M '■ 17802 Irvine Boulevard Tustin PM Project Assignment Version 2022(SP 0-5) Traffic Volume - Net New Site Trips r rni i �q m,, a� Mal 'IM-9 raftEw'.– I,ZIESIMM" 1 f o - t ,. Prospect Ave/Irvine Blvd Project Driveway/Irvine Blvd 1 oa, o 1 0 0 7 - k oo— co N EPD Solutions 1 7/13/2022 17802 Irvine Boulevard Tustin Residential Development Project E I P I o SOLUTION8, INC. Focused Traffic Study Attachment F 17 Gap analysis for 1 AM Peak Hour and 1 PM Peak Hour Irvine and DWY Irvine Blvd,Tustin,CA 92780 5/17/2022,Tuesday Time Movement:EB Time Movement:EB Gaps in EB Irvine traffic Gaps in EB Irvine traffic AM (Threshold-6 sec) PM (Threshold-6 sec) 1 7:30 AM 12 1 4:45 PM 9 2 7:30 AM 10 2 4:45 PM 21 3 7:30 AM 8 3 4:46 PM 17 4 7:31 AM 32 4 4:46 PM 25 5 7:31 AM 11 5 4:47 PM 13 6 7:31 AM 14 6 4:47 PM 14 7 7:32 AM 30 7 4:47 PM 38 8 7:32 AM 24 8 4:48 PM 47 9 7:33 AM 17 9 4:49 PM 7 10 7:33 AM 7 10 4:49 PM 18 11 7:33 AM 18 11 4:49 PM 33 12 7:34 AM 17 12 4:50 PM 7 13 7:34 AM 8 13 4:50 PM 25 14 7:34 AM 31 14 4:50 PM 12 15 7:35 AM 23 15 4:51 PM 12 16 7:35 AM 13 16 4:52 PM 11 17 7:36 AM 23 17 4:52 PM 13 18 7:36 AM 13 18 4:52 PM 10 19 7:36 AM 10 19 4:52 PM 8 20 7:37 AM 13 20 4:53 PM 12 21 7:37 AM 8 21 4:53 PM 42 22 7:37 AM 13 22 4:54 PM 17 23 7:38 AM 20 23 4:54 PM 15 24 7:38 AM 35 24 4:55 PM 50 25 7:39 AM 17 25 4:56 PM 15 26 7:39 AM 19 26 4:56 PM 8 27 7:40 AM 23 27 4:56 PM 12 28 7:40 AM 25 28 4:57 PM 8 29 7:41 AM 14 29 4:57 PM 40 30 7:42 AM 21 30 4:59 PM 47 31 7:42 AM 13 31 4:59 PM 15 32 7:43 AM 42 32 5:00 PM 10 33 7:43 AM 8 33 5:00 PM 10 34 7:43 AM 9 34 5:00 PM 28 35 7:43 AM 13 35 5:01 PM 19 36 7:44 AM 42 36 5:02 PM 15 37 7:44 AM 17 37 5:02 PM 22 38 7:45 AM 14 38 5:02 PM 10 39 7:45 AM 14 39 5:02 PM 20 40 7:45 AM 10 40 5:02 PM 13 41 7:46 AM 34 41 5:04 PM 15 42 7:46 AM 13 42 5:04 PM 12 43 7:47 AM 10 43 5:04 PM 16 44 7:47 AM 10 44 5:05 PM 11 45 7:47 AM 7 45 5:05 PM 9 46 7:47 AM 28 46 5:06 PM 12 47 7:48 AM 8 47 5:06 PM 8 48 7:49 AM 27 48 5:06 PM 17 49 7:50 AM 22 49 5:07 PM 21 50 7:50 AM 26 50 5:07 PM 12 51 7:50 AM 16 51 5:07 PM 10 52 7:51 AM 21 52 5:07 PM 7 53 7:51 AM 15 53 5:08 PM 10 54 7:52 AM 25 54 5:08 PM 24 55 7:52 AM 12 55 5:08 PM 9 56 7:53 AM 9 56 5:09 PM 15 57 7:53 AM 12 57 5:09 PM 21 58 7:53 AM 11 58 5:09 PM 28 59 7:54 AM 32 59 5:10 PM 7 60 7:54 AM 17 60 5:10 PM 14 61 7:55 AM 18 61 5:10 PM 9 62 7:56 AM 15 62 5:10 PM 20 63 7:56 AM 39 63 5:11 PM 10 64 7:57 AM 11 64 5:11 PM 15 65 7:57 AM 65 65 5:11 PM 24 66 7:58 AM 56 66 5:12 PM 51 67 7:59 AM 8 67 5:14 PM 39 68 7:59 AM 13 68 5:14 PM 11 69 7:59 AM 23 69 5:14 PM 9 70 8:00 AM 11 70 5:15 PM 27 71 8:01 AM 22 71 5:16 PM 18 72 8:01 AM 9 72 5:16 PM 13 73 8:01 AM 7 73 5:16 PM 9 74 8:02 AM 9 74 5:16 PM 19 75 8:02 AM 11 75 5:17 PM 10 76 8:02 AM 25 76 5:17 PM 10 77 8:03 AM 12 77 5:18 PM 15 78 8:03 AM 7 78 5:18 PM 21 79 8:04 AM 33 79 5:18 PM 7 80 8:05 AM 23 80 5:18 PM 10 81 8:05 AM 13 81 5:19 PM 8 82 8:06 AM 20 82 5:19 PM 28 83 8:06 AM 25 83 5:20 PM 15 84 8:07 AM 24 84 5:21 PM 11 85 8:07 AM 13 85 5:21 PM 15 86 8:08 AM 26 86 5:21 PM 40 87 8:08 AM 7 87 5:22 PM 13 88 8:08 AM 9 88 5:22 PM 20 89 8:09 AM 30 89 5:23 PM 25 90 8:09 AM 11 90 5:23 PM 23 91 8:10 AM 24 91 5:24 PM 30 92 8:10 AM 18 92 5:24 PM 25 93 8:11 AM 13 93 5:25 PM 7 94 8:11 AM 23 94 5:26 PM 20 95 8:11 AM 16 95 5:26 PM 22 96 8:11 AM 7 96 5:27 PM 23 97 8:12 AM 28 97 5:27 PM 9 98 8:13 AM 11 98 5:27 PM 7 99 8:13 AM 14 99 5:27 PM 16 100 8:14 AM 10 100 5:28 PM 7 101 8:14 AM 16 101 5:28 PM 10 102 8:14 AM 8 102 5:29 PM 36 103 8:14 AM 50 103 5:30 PM 11 104 8:15 AM 19 104 5:30 PM 12 105 8:16 AM 17 105 5:30 PM 7 106 8:16 AM 13 106 5:30 PM 9 107 8:16 AM 26 107 5:30 PM 16 108 8:17 AM 27 108 5:31 PM 10 109 8:17 AM 28 109 5:32 PM 15 110 8:18 AM 13 110 5:32 PM 12 111 8:18 AM 11 111 5:32 PM 19 112 8:18 AM 17 112 5:33 PM 15 113 8:19 AM 9 113 5:33 PM 12 114 8:19 AM 7 114 5:34 PM 10 115 8:19 AM 40 115 5:34 PM 16 116 8:19 AM 8 116 5:34 PM 8 117 8:20 AM 8 117 5:34 PM 7 118 8:20 AM 23 118 5:36 PM 46 119 8:21 AM 10 119 5:36 PM 8 120 8:21 AM 35 120 5:36 PM 10 121 8:22 AM 9 121 5:36 PM 13 122 8:22 AM 17 122 5:37 PM 16 123 8:23 AM 28 123 5:37 PM 42 124 8:23 AM 18 124 5:38 PM 30 125 8:23 AM 9 125 5:39 PM 8 126 8:23 AM 19 126 5:39 PM 7 127 8:24 AM 8 127 5:39 PM 8 128 8:24 AM 25 128 5:39 PM 35 129 8:25 AM 8 129 5:40 PM 23 130 8:25 AM 24 130 5:41 PM 18 131 8:26 AM 11 131 5:41 PM 23 132 8:26 AM 23 132 5:41 PM 26 133 8:25 AM 15 133 5:42 PM 46 134 8:27 AM 9 134 5:42 PM 7 135 8:27 AM 15 135 5:43 PM 17 136 8:28 AM 16 136 5:43 PM 10 137 8:28 AM 30 137 5:43 PM 9 138 8:29 AM 28 138 5:43 PM 34 139 5:45 PM 20 Prepared by AimTD LLC csAaimtd.com 714.253.7888 Gap analysis for 1 AM Peak Hour and 1 PM Peak Hour Irvine and DWY Irvine Blvd,Tustin,CA 92780 5/17/2022,Tuesday Time Movement:WB Time Movement:WB AM Gaps in WB Irvine traffic PM Gaps in WB Irvine traffic (Threshold-6 sec) (Threshold-6 sec) 1 7:30 AM 7 1 4:45 PM 7 2 7:30 AM 17 2 4:45 PM 19 3 7:30 AM 7 3 1 4:45 PM 9 4 7:30 AM 11 4 4:45 PM 18 5 7:31 AM 7 5 4:46 PM 16 6 7:31 AM 15 6 4:47 PM 9 7 7:31 AM 12 7 4:48 PM 8 8 7:32 AM 8 8 4:48 PM 23 9 7:32 AM 9 9 4:49 PM 30 10 7:32 AM 13 10 4:49 PM 14 11 7:32 AM 7 11 4:50 PM 7 12 7:33 AM 8 12 4:51 PM 25 13 7:33 AM 18 13 1 4:52 PM 30 14 7:33 AM 9 14 4:52 PM 7 15 7:34 AM 27 15 4:52 PM 7 16 7:35 AM 10 16 4:53 PM 33 17 7:35 AM 8 17 4:54 PM 7 18 7:35 AM 9 18 4:54 PM 16 19 7:36 AM 16 19 4:54 PM 8 20 7:36 AM 15 20 4:54 PM 7 21 7:36 AM 15 21 4:55 PM 20 22 7:36 AM 7 22 4:56 PM 7 23 7:37 AM 17 23 4:56 PM 8 24 7:38 AM 27 24 4:56 PM 11 25 7:38 AM 12 25 4:57 PM 34 26 7:39 AM 7 26 4:58 PM 13 27 7:39 AM 7 27 4:58 PM 21 28 7:39 AM 30 28 4:59 PM 65 29 7:40 AM 8 29 5:02 PM 14 30 7:40 AM 11 30 5:02 PM 7 31 7:40 AM 7 31 5:02 PM 15 32 7:41 AM 9 32 5:02 PM 18 33 7:41 AM 9 33 5:03 PM 9 34 7:41 AM 30 34 5:04 PM 34 35 7:42 AM 12 35 5:04 PM 7 36 7:42 AM 7 36 5:04 PM 9 37 7:42 AM 7 37 5:05 PM 8 38 7:43 AM 15 38 5:06 PM 11 39 7:43 AM 31 39 5:06 PM 8 40 7:44 AM 7 40 5:06 PM 13 41 7:44 AM 9 41 5:08 PM 31 42 7:45 AM 38 42 5:08 PM 31 43 7:46 AM 15 43 5:10 PM 42 44 7:46 AM 8 44 5:10 PM 14 45 7:46 AM 8 45 5:11 PM 28 46 7:46 AM 32 46 5:12 PM 7 47 7:47 AM 31 47 5:13 PM 11 48 7:48 AM 31 48 5:14 PM 20 49 7:48 AM 17 49 5:14 PM 21 50 7:49 AM 14 50 5:14 PM 7 51 7:49 AM 14 51 5:15 PM 10 52 7:50 AM 29 52 5:15 PM 8 53 7:50 AM 7 53 5:16 PM 20 54 7:51 AM 20 54 5:16 PM 13 55 7:51 AM 37 55 5:17 PM 8 56 7:52 AM 8 56 5:17 PM 21 57 7:52 AM 12 57 5:18 PM 14 58 7:53 AM 11 58 5:18 PM 24 59 7:53 AM 26 59 5:19 PM 13 60 7:54 AM 11 60 5:20 PM 7 61 7:54 AM 9 61 5:20 PM 39 62 7:55 AM 8 62 5:21 PM 11 63 7:55 AM 12 63 5:21 PM 13 64 7:55 AM 7 64 5:22 PM 10 65 7:55 AM 39 65 5:22 PM 33 66 7:56 AM 12 66 5:23 PM 12 67 7:57 AM 12 67 5:24 PM 10 68 7:57 AM 11 68 5:24 PM 10 69 7:57 AM 9 69 5:24 PM 22 70 7:58 AM 8 70 5:25 PM 10 71 7:58 AM 16 71 5:25 PM 13 72 7:58 AM 21 72 5:26 PM 13 73 7:58 AM 8 73 5:26 PM 12 74 7:59 AM 15 74 5:26 PM 7 75 8:00 AM 10 75 5:27 PM 21 76 8:00 AM 23 76 5:27 PM 16 77 8:00 AM 9 77 5:28 PM 20 78 8:00 AM 11 78 5:29 PM 36 79 8:00 AM 9 79 5:29 PM 10 80 8:01 AM 18 80 5:30 PM 15 81 8:02 AM 28 81 5:30 PM 12 82 8:02 AM 14 82 5:31 PM 7 83 8:03 AM 7 83 5:31 PM 8 84 8:03 AM 7 84 5:32 PM 9 85 8:04 AM 38 85 5:32 PM 9 86 8:04 AM 6.5 86 5:32 PM 24 87 8:05 AM 9 87 5:32 PM 15 88 8:05 AM 25 88 5:33 PM 7 89 8:06 AM 11 89 5:33 PM 12 90 8:06 AM 9 90 5:34 PM 25 91 8:06 AM 17 91 5:34 PM 16 92 8:07 AM 10 92 5:35 PM 11 93 8:07 AM 12 93 5:35 PM 9 94 8:07 AM 59 94 5:36 PM 10 95 8:09 AM 14 95 5:36 PM 10 96 8:10 AM 21 96 5:38 PM 11 97 8:10 AM 13 97 5:38 PM 30 98 8:11 AM 7 98 5:40 PM 12 99 8:11 AM 9 99 5:40 PM 10 100 8:12 AM 18 100 5:40 PM 16 101 8:12 AM 6 101 5:41 PM 8 102 8:12 AM 7 102 5:40 PM 14 103 8:13 AM 7 103 5:41 PM 16 104 8:13 AM 27 104 5:42 PM 8 105 8:13 AM 41 105 5:42 PM 13 106 8:14 AM 11 106 5:42 PM 18 107 8:14 AM 7 107 5:43 PM 7 108 8:15 AM 12 108 5:43 PM 10 109 8:16 AM 8 109 5:44 PM 7 110 8:16 AM 26 110 5:44 PM 10 111 8:16 AM 11 111 5:44 PM 11 112 8:16 AM 38 112 5:44 PM 21 113 8:17 AM 17 114 8:17 AM 20 115 8:18 AM 19 116 8:19 AM 7 117 8:19 AM 19 118 8:20 AM 13 119 8:20 AM 21 120 8:21 AM 21 121 8:21 AM 13 122 8:22 AM 16 123 8:22 AM 10 124 8:22 AM 7 125 8:23 AM 8 126 8:23 AM 10 127 8:23 AM 25 128 8:24 AM 18 129 8:24 AM 11 130 8:24 AM 34 131 8:25 AM 22 132 8:26 AM 10 133 8:26 AM 23 134 8:27 AM 14 135 8:27 AM 37 136 8:28 AM 7 1378:28 AM 10 138 8:29 AM 18 139 8:29 AM 12 Prepared by AimTD LLC csA_aimtd.com 714.253.7888 ATTACHMENT G RESOLUTION NO. 4461 - CEQA (EXHIBITS A, B, Q RESOLUTION NO. 4461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR A FORTY (40) UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT ON AN APPROXIMATE 2.07-ACRE SITE LOCATED AT 17802 AND 17842 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two- car garage and private open space for each unit, ten (10) guest surface parking spaces, and common open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That the Development Application requests the following approvals: • GPA 2022-0001 — A request to amend the General Plan Land Use Designation of the subject property from Professional Office (PO) to High Density Residential (HDR). • ZC 2022-0001 — A request to change the Zoning District of the subject property from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3). • DR 2022-0004 for site layout and building design. • Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and a Waiver for a reduction in required common open space. • DA 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households and payment of in-lieu fee. • Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) — A request to subdivide the properties for condominium purposes to construct a total of forty (40) units including thirty-eight (38) market rate and two (2) affordable units. Resolution No. 4461 C. That City prepared an Initial Study to evaluate the potential environmental impacts associated with the project that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared; D. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study were made available to allow for public review and comments from September 15, 2022, to November 10, 2022, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; E. That public comments were received and a Final MND with responses to submitted comments was prepared and is attached hereto as Exhibits A through C; F. That whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a Mitigation Monitoring and Report Program (MMRP) to ensure compliance with the mitigation measures during project implementation; G. That the City is the lead agency on the project and the City Council is the decision-making body for the proposed project; H. That a public hearing was duly called, noticed, and held for GPA 2022-00017 ZC 2022-0002, SUB 2022-0002/TTM 19224, DR 2022-0004, Density Bonus request, and DA 2022-0002 on December 13, 20227 by the Planning Commission; and I. That the Planning Commission has considered the Initial Study/MND, the MMRP, and response to comments received during the public review process, attached hereto as Exhibits A, B and C. II. That the Planning Commission recommends that the City Council find the Initial Study/MND, attached hereto as Exhibit "A", adequate for GPA 2022-0001, ZC 2022-00017 SUB 2022-0002/TTM 19224, DR 2022-0004, Density Bonus request, and DA 2022-0002 and adopt the MND for development of a new, townhome residential development project that would include forty (40) three- story residential units, including two (2) affordable units, on approximately 2.07 acres. III. That the facts and reasons for said recommendation of adoption of the Initial Study/MND and MMRP are hereby found and declared to be as follows: The Planning Commission, as a result of its consideration and evidence presented at the hearing on this matter, determined that, as required pursuant to CEQA and the State CEQA Guidelines, the MND and MMRP adequately address the expected environmental impacts of the project. On the basis of this review, the Planning Commission finds that there is no evidence from which Resolution No. 4461 it can be fairly argued that the project will have a significant adverse effect on the environment. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of December, 2022. DAVID J. MELLO, JR. Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Initial Study/Mitigated Negative Declaration Exhibit B: Mitigation Monitoring and Reporting Program Exhibit C: Responses to MND Comments STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4461 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 2022. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary Resolution No. 4461 EXHIBIT A OF RESOLUTION 4461 Initial Study/Mitigated Negative Declaration U S T I j CITY OF TUSTIN a COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 BLSILDINOOUR Fu L•by HOMO RING 0UP,FhiT FINAL INITIAL STUDY/ NEGATIVE DECLARATION 17802 IRVINE BOULEVARD RESIDENTIAL PROJECT December 2022 A. BACKGROUND Project Title: 17802 Irvine Boulevard Residential Project Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Contact Person and phone number: Leila Carver, Senior Planner Consultant (714) 573-3126 Icarver@tustinca.org Project Location: 17802 and 17842 Irvine Boulevard Tustin, CA 92780 Project Sponsor's Name and Address: Intracorp Socal-1, LLC 895 Dove Street, Suite 400 Newport Beach, California 92660 General Plan Land Use Designation: Professional Office— PO Zoning Designation: Retail Commercial — C1 with a Parking Overlay— P Project Description: The Project proposes to demolish the two existing office buildings (totaling approximately 44,948 SF) and redevelop the 2.07-acre site with a Multifamily housing development consisting of 18 duplexes and four single-family residences (40 units total). Additionally, the proposed Project would include landscaping, parking, and utility/stormwater improvements. Surrounding Land Uses and Setting: Land uses to the north of the Project site include Columbus Tustin Park and Columbus Tustin Middle School. Land uses to the south and east include residences. Land uses to the west include office uses. Pagel1 INITIAL STUDY City of Tustin Other public agencies whose approval is required: None. Attachments: Figure 2-1: Regional Location Figure 2-2: Local Vicinity Figure 2-3: Aerial View Figure 2-4a: Site Photos Figure 2-4b: Site Photos Figure 3-1: Conceptual Site Plan Figure 3-2a: Elevations Figure 3-2b: Elevations Figure 3-2c: Elevations Figure 3-2d: Elevations Figure 3-2e: Elevations Figure 3-2f: Elevations Figure 3-3: Conceptual Lighting Plan Figure 3-4: Conceptual Landscape Plan Appendices: Appendix A: Air Quality, Greenhouse Gas, Energy Impact Analysis Appendix B: Cultural Resources Study Appendix C: Historic Assessment Memorandum Appendix D: Geotechnical and Infiltration Evaluation Appendix E: Paleontological Resources Study Appendix F: Phase I Environmental Site Assessment Appendix G: Preliminary Water Quality Management Plan Appendix H: Preliminary Hydrology Study Appendix 1: Noise Study Appendix J: Vehicle Miles Traveled (VMT) Analysis Appendix K: Mitigation Monitoring and Reporting Program Page 12 INITIAL STUDY City of Tustin Chapter 1 . Public Review MND 1 . INTRODUCTION PURPOSE OF THE INITIAL STUDY This Initial Study has been prepared in accordance with the following: • California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Sections 21000 et seq.); and • California Code of Regulations, Title 14, Division 6, Chapter 3 (State CEQA Guidelines, Sections 15000 et seq.) as amended and approved on December 28, 2018. Pursuant to CEQA, this Initial Study has been prepared to analyze the potential for significant impacts on the environment resulting from implementation of the 17802 Irvine Boulevard Residential Project, as described in greater detail in Section 3.0 below. As required by State CEQA Guidelines ("Guidelines") Section 15063, this Initial Study is a preliminary analysis prepared by the Lead Agency, the City of Tustin to determine if a Negative Declaration or an Environmental Impact Report is required for the Project. This Initial Study informs City of Tustin decision-makers, affected agencies, and the public of potentially significant environmental impacts associated with the implementation of the project. A "significant effect" or "significant impact" on the environment means "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project" (Guidelines Section 15382). Given the Project's broad scope and level of detail, combined with previous analyses and current information about the site and environs, the City's intent is to adhere to the following CEQA principles: • Provide meaningful early evaluation of site planning constraints, service and infrastructure requirements, and other local and regional environmental considerations. (Public Resources Code Section 21003.1) • Encourage the incorporation of environmental considerations into project conceptualization, design, and planning at the earliest feasible time. (Guidelines Section 15004[b][3]) • Specify mitigation measures for reasonably foreseeable significant environmental effects and commit the City and applicant to future measures containing performance standards to ensure their adequacy when detailed development plans and applications are submitted. (Guidelines Section 15126.4) Page 13 INITIAL STUDY City of Tustin DOCUMENT ORGANIZATION This Initial Study includes the following sections: Section 1. Introduction Provides information about CEQA and its requirements for environmental review and explains that an Initial Study was prepared by the State of California to evaluate the proposed project's potential impact to the physical environment, and to determine if a Negative Declaration or an Environmental Impact Report (EIR) is required. Section 2. Environmental Setting Provides information about the proposed Project's location. Section 3. Project Description Includes a description of the proposed Project's physical features and characteristics. Section 4. Environmental Checklist Includes the Environmental Checklist from the CEQA Guidelines and an explanation of the various impact determinations. Section 5. Environmental Analysis This section contains the completed Initial Study Checklist and assesses the significance level under each environmental impact threshold. Each environmental issue identified in the Initial Study Checklist contains an assessment and discussion of Project-specific and cumulative impacts associated with each subject area. Where the evaluation identifies potentially significant effects, as identified in the Checklist, mitigation measures are provided to reduce such impacts to less than significant levels. Page 14 INITIAL STUDY City of Tustin 2. ENVIRONMENTAL SETTING PROJECT LOCATION The Project site is located in the western portion of the City of Tustin within Orange County. The City of Tustin is directly east of the City of Santa Ana and directly south of the unincorporated community of North Tustin and the City of Orange. Further, Tustin is approximately 8 miles southeast of Anaheim, 30 miles southwest of the City of Los Angeles, and 30 miles southeast of the City of Riverside. The regional location of the Project site is shown in Figure 2-1, Regional Location. The Project site is located on the southeast corner of Irvine Boulevard and Prospect Avenue at 17802 and 17842 Irvine Boulevard, Tustin, 92780. The 2.07-acre Project site consists of two parcels identified by Assessor's Parcel Numbers (APN) 401-141-13 and 401-141-57. The Project site is bound by Irvine Boulevard to the north, Prospect Park to the south, and Prospect Avenue to the west. Regional access to the Project site is provided via Interstate 5 (1-5) and State Route 55 (SR-55) (known locally as Costa Mesa Freeway). Local access to the Project site is provided via Irvine Boulevard and Prospect Avenue. The Project site and the surrounding area is shown in Figure 2-2, Local Vicinity. EXISTING LAND USES The Project site is currently developed with two commercial office buildings that are two- stories in height, a parking lot, and landscaping. A concrete masonry unit (CMU) block wall exists along the southern and eastern property lines. The site is rectangular in shape and relatively flat with elevations ranging from 132 to 135 feet above mean sea level. Access to the site is provided via three driveways, including two driveways on Irvine Boulevard, one shared and one private, and a shared driveway on Prospect Avenue. Existing conditions of the Project site and adjacent uses are shown in Figures 2-3, Aerial View and Figures 2-4a-b, Site Photos. EXISTING LAND USE AND ZONING The Project site has an existing Tustin General Plan land use designation of Professional Office (PO) and a zoning designation of Retail Commercial (Cl) with a Parking Overlay (P). The PO land use designation provides areas for development of primarily professional offices and other supporting uses. The C1 zoning district allows for uses such as general retail businesses, service businesses and office uses, including professional and general. SURROUNDING LAND USES The Project site is located within a developed area within the City of Tustin as described below: North: Area north of the Project site is designated and zoned as Public/Institutional (PI). Land uses to the north of the Project site include Columbus Tustin Park and Columbus Tustin Middle School. West: The parcel directly west of the Project site is designated as Professional Office (PO) and zoned as Retail Commercial (Cl) with a Parking Overlay (P) and includes a medical office. Further west, land uses include office buildings and single-family Page 15 INITIAL STUDY City of Tustin residences zoned, respectively, as Professional (PR) and Single Family Residential (R- 1) zoning. South: Land uses south of the Project site are designated as High Density Residential (HDR) followed by Planning Community Commercial/Business (PCCB) and Downtown Commercial Core Specific Plan (DCCSP). Uses to the south are zoned Planned Community Residential (PC RES). Area to the south of the Project site is developed with Prospect Park, a high-density residential community. East: Land uses east of the Project site are designated as High Density Residential (HDR) and Planned Community Commercial/Business (PCCB). Uses to the east are zoned Planned Community Residential (PC RES). Area to the east of the Project site is developed with Palmwood Gardens, a condominium community. Table 2-1. Surrounding Land Use Designations Direction Land Use Zoning North Public/Institutional (PI) Public and Institutional (PI) West Professional Office (PO) Retail Commercial (C-1) with a Parking Overlay, Professional (PR) Low Density Residential (LDR) Single Family Residential (R-1) South High Density Residential (HDR), Planned Community Residential Planning Community (PC RES) Commercial/Business (PCCB) and Downtown Commercial Core Specific Plan (DCCSP) East High Density Residential (HDR) Planned Community Residential and Planned Community (PC RES) Commercial/Business (PCCB) Page 16 Regional Location mm nk n„Y ©range Orange xw A�nc rd ave . w�o:mygw aYK a, 17 -W4aV a[a^Avd _ - ^ n yam attttn A.� a,. m - a.�hm.nn r. u..m,ew A,*gyri.51 z .. �°' I.r..n I•, Vol ��•i.� .. ^rasnrn�n,r!arc d''r q'+a rymwa•, 4'U!Y Santa Ana Project Site Tustin 26'. 55 Irvine N D Q.5 1 2 Miles n I i i I i i i I IIIA 17802 Irvine Boulevard Figure 2-1 City of Tustin INITIAL STUDY City of Tustin This page intentionally left blank. Page 18 Local Vicinity &—K T,.U- 01.71 T1. 4 2 41 Park N.—.4 PIA ChA—D1- Seaer*D,— W.Y Amaganset Way .......... x R".w.v Beneta Way 2. !2! Columbus Q. Tustin Middle V I 0 Helen Estock School Elementory > 4 < Columbus Tustin Pork lwanwar I--DW—rd —T Irvine Blvd Prospect Park r3 4aMvnn lane F P 0 i St St Popper Z, Tree Park Z, A P� Main St P warm P IN ri Project Site A 17802 Irvine Boulevard Figure 2-2 City of Tustin INITIAL STUDY City of Tustin This page intentionally left blank. Page 110 i a a a i l l Al lr.vi 4 Blvd' , Aa , � i _ 9 � �fl, II wig ° �� • Prospect Park y rs }« r •, go 1,111E,M k ryr all y. �r f s� ,ra 3 Y ++ I 4 { W L—J INITIAL STUDY City of Tustin This page intentionally left blank. Page 112 --• APs�� x� � ��' �.• a�F. A_ a i< r 17802 - Boulevard Figure 2-4a INITIAL STUDY City of Tustin This page intentionally left blank. Page 114 1. -r INITIAL STUDY City of Tustin This page intentionally left blank. Page 116 INITIAL STUDY City of Tustin 3. PROJECT DESCRIPTION PROJECT OVERVIEW The Project proposes to demolish the two existing office buildings (totaling approximately 44,948 square feet [SF]) and redevelop the 2.07-acre site with 40 residential units. The 40-unit development would include eighteen (18) duplexes (36 units) and four (4) single- family residences, with thirty-eight (38) market rate and two (2) affordable residential units. Additionally, the proposed Project would include landscaping, parking, and utility/stormwater improvements. Approvals required for the Project include a General Plan Amendment and zone change to develop the proposed residential multi-family community with private drive aisles, parking, and landscaping. Figure 3-1, Conceptual Site Plan illustrates the Project as proposed. PROJECT DESCRIPTION Development Summary The proposed Project would construct 40 units on the 2.07-acre site, which would result in a density of 19.3 units per acre. The 40-unit development would include eighteen (18) duplexes (36 units total) and four(4) single-family residences, with thirty-eight (38) market rate and two (2) affordable residential units. With the inclusion of two very low-income units, the Project qualifies for a density bonus, which would allow for a reduction in front yard setbacks from the City's typical development standards for multifamily housing. The units would be comprised of four different floorplans that would be grouped into four building types. Table 3-1 provides a summary of the proposed apartments. Table 3-1: Dwelling Unit Summary Unit Type Bedrooms Bathrooms Unit Square Footage 1A 3 3 1,984 1 B 3 3 1,984 2A 4 3 2,004 2B 4 3 2,004 The proposed buildings would be a maximum height of 34 feet and 11 inches, measured from finished grade to the top of the highest roof ridges. Conceptual elevations of the proposed residential structures are provided in Figures 3-2a-f, Elevations. Recreation and Open Space The Project would provide approximately 17,081 SF (average of 427 SF per unit) of private open space and approximately 10,531 SF (274 SF per unit) of common recreational space. Recreational amenities would include a Pocket Park and paseo Page 117 INITIAL STUDY City of Tustin (8,010 SF) with a dining area, BBQ grills, a fireplace, seating, and trash receptacles, and pedestrian walkway. Fences and Walls The Project includes construction of a new 6-foot-high concrete masonry unit(CMU) block wall and 1-foot to 5-foot retaining wall along the southern property line between the existing residential development and the proposed Project. The east side of the Project site would include a 6-foot-high CMU block wall and 1-foot to 4-foot retaining wall. Lighting Proposed outdoor lighting would be typical of residential uses and would consist of wall- mounted lighting, pole-mounted lights along the driveway, path lights/bollards, and landscape lighting. All of the Project's outdoor lighting would be shielded to minimize off- site spill and would be in compliance with Tustin Municipal Code Section 9271. Conceptual lighting is provided in Figure 3-3, Site Lighting. Access and Circulation The Project would include one 27-foot-wide driveway on Irvine Boulevard. The driveway would connect to a 24-foot-wide drive isle that loops around the interior of the Project site. Onsite drive isles would provide direct access to garages and on-site parking. Pedestrian sidewalks and pathways would be installed to circulate the site and connect to the proposed Pocket Park located within the center of the site. Parking The Project would include two covered parking stalls per unit (80 total) and 10 uncovered parking spaces. Table 3-2 provides a breakdown of required and proposed parking for the site. Table 3-2: Parking Summary Required (Tustin Municipal Code Provided Section 9263) Multi-family housing 80 covered + 10 unassigned guest 90 total (80 garage spaces (90 total) (2 covered spaces spaces and 10 Head- for each dwelling unit, plus 1 in spaces) unassigned guest space for every 4 units) Total 90 90 Landscaping The Project would install new drought tolerant low water use ornamental landscaping throughout the site, which would include 24-inch, 36-inch, and 48-inch box trees, such as Olea Swan Hill (Swan Hill Olive), Arbutus Marina (Strawberry tree), Eriobotrya def/exa (Bronze loquat), Laurus nobilis (Bay tree), Lagestroemia indica (Crape Myrtle), Cercis Page 118 INITIAL STUDY City of Tustin canadensis (Eastern red bud), and Tristania conferta (Brisbaine box). In addition, a variety of ornamental shrubs, vines, and groundcovers would be installed. Figure 3-4, Conceptual Landscape Plan shows that trees would be installed adjacent to the proposed walls along the western and eastern site boundary and along a landscape setback along Irvine Boulevard. The landscaping irrigation would be installed pursuant to CalGreen water regulations (AB 1881). Infrastructure Improvements The proposed development would construct an onsite driveway and storm drain improvements that would connect to the existing utility infrastructure in the Irvine Boulevard right-of-way. Additionally, the Project proposes an easement for emergency ingress and egress and public service vehicles and an easement for public utility access. The easements are proposed throughout the 24-foot internal drive isle. Electric: Existing overhead power poles and lines are located along the southern border of the Project site. Existing infrastructure would be protected in place during Project construction and remain following completion of the Project. Water: The Project would install 8-inch water lines to connect to the existing 8-inch water line in Irvine Boulevard. Sewer: The Project would install an onsite sewer system that would connect to the existing 8-inch sewer line adjacent to the southern property line. Stormwater Drainage: The proposed drainage patterns of the Project site would follow similar drainage patterns as the existing site. Surface flows would split between two drainage areas, collecting in into onsite curb and gutters and proposed catch basins in the northwest and southwest corners. All flows would be conveyed to an infiltration detention pipe on the west side of the Project site beneath proposed internal drive aisle where stormwater would be stored until it can percolate into the ground. To relieve overflow resulting from severe storm events, two emergency overflow locations are proposed. One is a culvert on Irvine Boulevard to the north and the other is a grate inlet of the existing parking lot gutter in 17772 Irvine Boulevard. Solar Panels: Consistent with the 2019 CA Building Energy Efficiency Standards (Title 24 Part 6), the Project would include photovoltaic (PV) solar panels on the rooftops of each residence. CONSTRUCTION Construction activities for the Project would occur over approximately 11 months and in the following stages: (1) demolition of existing buildings; (2) site preparation; (3) grading and excavation; (4) building construction (which would include a six phase construction approach beginning construction of several residences in the northwest subarea and then constructing each of the five other subareas in a counter clockwise direction); (5) paving; and (6) architectural coatings. Table 1 details total working days for each phase of construction for analytical purposes. Construction activities would be limited to the hours between 7:00 a.m. and 6:00 p.m. Monday through Friday, 9:00 a.m. and 5:00 p.m. on Page 119 INITIAL STUDY City of Tustin Saturdays, and prohibited on Sundays and holidays pursuant to the City's Municipal Code Chapter 4616. Construction activities would include overexcavation of soils to a depth of approximately five feet below existing or lowest cut grade. Soils would be reused throughout the site. Project construction would require a maximum import of approximately 3,748 cubic yards of soil. Table 3-3. Construction Schedule Activity Duration (Total Days) Demolition 20 Stie Preparation 7 Grading 14 Building Construction 220 Paving 10 Architectural Coating 10 Total 281 GENERAL PLAN AND ZONING The Project would require a General Plan Amendment to change the existing land use designation from PO to High Density Residential (HDR). The HDR designation is intended for development of a wide range of living accommodations, including single family units and multiple family dwellings such as, apartments, condominiums, townhomes, cooperatives, and community apartments. The HDR designation is envisioned to accommodate 15-25 dwelling units per net acre with an average of 2.15 persons per dwelling unit. The Project would require a zone change from Retail Commercial (Cl) with a Parking (P) overlay to Multiple Family Residential (R-3). The proposed R-3 zoning would allow for multiple family dwellings with a minimum lot area of 1,750 SF per dwelling unit and a maximum lot development of 65 percent. DISCRETIONARY ACTION REQUESTED The City of Tustin is expected to use the information contained in this Initial Study for consideration of approvals related to and involved in the implementation of this Project. These include, but may not be limited to, the permits and approvals described below. As part of the proposed project, the following discretionary actions are required: • Adoption of this Initial Study/Mitigated Negative Declaration • General Plan Amendment (GPA) Page 120 INITIAL STUDY City of Tustin • Zone Change • Subdivision/Tentative Tract Map (TTM) Approval • Design Review • Development Agreement • Density Bonus Request Page 121 n o p �. y H I CA CA < .. .. Ww (D w .. co Q y Q _ lb T' 3 rla . II 7�0 ro e e m �cc qw. n I .i Rs x H TT I ® JA' � 17 G' .1" SJ MO' lU W R� ® I��• a w 7 .168' 1 �, .. { dG •p• _. P4 VI'Ir VVV9 r➢ � ro ® W C a i. r 11.6LJ4 � i ❑ IIi x 4. i 11, mIII {ca Ij I I❑ Q ❑I n x - 3 ® I 70 7 16Q rt Lilt —I�I Ie -A II•I C 1 Mm rt W C m Q INITIAL STUDY City of Tustin This page intentionally left blank. Page 123 n V l< OD O O cl C _ 3 3 N W IVV O C_ N Q � I 13R-18' _... s X-17 MEN W-V A aIGP y. m 8'-10" 7-I• 8'-10• � !2 6'•10' 9'•I' %.10' _. C W N N INITIAL STUDY City of Tustin This page intentionally left blank. Page 125 n V l< 00 o <_ ■ r �• ��'� III 3 w � cu ■ Q AN-10 x 3If.10` 5 Ir-17 Ir N k Q 3 r G �• C �D 3 W N N s INITIAL STUDY City of Tustin This page intentionally left blank. Page 127 n l< 00 O 0 -r, N 22 c < c m co Io c m Q Q t 34.14' + 3 34.16" r• Q � Z m T � 8'-IG 7-I' 8'-G" � � &'•14" Y•I` b'-19r $ ii 1:34-IU" 33�f-16` � O W N N n INITIAL STUDY City of Tustin This page intentionally left blank. Page 129 n V 1< 00 O N 0 0 C (D � LI ■ .. erg• �� Y ff-ID' �� ..®•-0' � � g p._._.... 5 Z ^I t� c� �.m g� a.r� s�ar e.u� a•-m _T CQ V-10' 7-I' C 0 r • c i74'-IA' ¢ 474-IV '' Q N N a INITIAL STUDY City of Tustin This page intentionally left blank. Page 131 n V l< OD O O N W � O C ry Q 4 Ll - q MQ I �� a.o• gm a� sa• ra ! ga- i F tl I t I I G I __ I I I LL x � n � Q N v C • g N N INITIAL STUDY City of Tustin This page intentionally left blank. Page 133 n V l< 00 0 0 JL- CD 3 W 0 C 0 Q ,7IFrm D ' _ 1 r a e• � �_ e.er moo` � as 0 2 a r I =) =a A MEN ■ FE I v M x m =m - m Y 3i�-7• h 5 x 347` w N N INITIAL STUDY City of Tustin This page intentionally left blank. Page 135 n l< 00 0 0 o 00 0 0 N c m ox � r o ® a o . 4 &E Sigpp Q EE N§8vIng n - ----------------------- $ fiz^ z cc _ C • ^e g`a g` z - ----------------------- - _ q FnC Fn{ n C a y e o.n a 0 s sa ► � z VA -� a ... e e e n fly________ -_ = m s m 0 m a s _ m _ — 0 e x O 0 0 o p 4 e � � ff o x xco0 J ® o Q D 0 0 CO — m 0 0 o N � a N � t a � - x0 p. U a- p D __. ff �- - - - _ p < p v p z 0 a __ ®--d o _.p 0 .. 0 m p u 0 0 r -0_ p D o sass 3o- 0 z /C 0 0 m 0 z 0 0 0 0 m o 0 0 0 0 0 S X 0 0 OO _... 0 -• ID C $ II- T c fD w 3 w INITIAL STUDY City of Tustin This page intentionally left blank. Page 137 • ''�'i i�P�":R"• e■ii�::\1l..w�E'e•-+�il.'.Ai!` .�■ we i . LM IR l MUN in �i ■4 n� ion q Ell i ---s■sss�r'r. •cress � � � :■ r.-,_:..._ f� ■ i+nh�.■i..■ �,.-. �i n °► a 11"� .. t• � �` y" N � • :wwW".w....Vii. -�� 4 oil ■■ ILIIII IfIf '� ';ru..-..a„ Y� ...... ■. "�e-,.walk �c � • ', _ �.. :iii ai. :e:9.■..ii ■ii " • an`t'e e +, f �'� '"�"`�.Raw"'• ,"�: � �� • INITIAL STUDY City of Tustin This page intentionally left blank. Page 139 INITIAL STUDY City of Tustin 4. ENVIRONMENTAL CHECKLIST BACKGROUND Project Title: 17802 Irvine Boulevard Residential Project Lead Agency: City of Tustin 300 Centennial Way Tustin, CA 92780 Lead Agency Contact: Leila Carver, Senior Planner Consultant Email: Icarver@tustinca.org Phone: (714) 573-3126 Project Location: 17802 and 17842 Irvine Boulevard, Tustin, California Project Sponsor Contact: Intracorp Socal-1, LLC; Emilie Simard (949) 724-5923 General Plan and Zoning Designation: Land use — Professional Office (PO) and zoning — Retail Commercial (Cl) with a Parking Overlay (P). The Project proposes to change existing land use designation from PO to High Density Residential (HDR) and the existing zoning from C1/P to Multiple Family Residential (R-3). Project Description: The Project proposes to demolish the two existing office buildings (totaling approximately 44,948 SF) and redevelop the 2.07-acre site with a Multifamily housing development consisting of 18 duplexes and four single-family residences (40 units total). Additionally, the proposed Project would include landscaping, parking, and utility/stormwater improvements. Surrounding Land Uses and Setting: Land uses to the north of the Project site include Columbus Tustin Park and Columbus Tustin Middle School. Land uses to the south and east include residences. Land uses to the west include office uses. Other Public Agencies Whose Approval is Required: None. Page 140 INITIAL STUDY City of Tustin ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The subject areas checked below were determined have a less than significant effect with mitigation incorporated, as indicated by the checklist and discussion on the following pages. ❑ Aesthetics ❑ Agriculture & Forest ❑ Air Quality Resources ® Biological Resources ® Cultural Resources ❑ Energy ® Geology /Soils ❑ Greenhouse Gas ❑ Hazards & Hazardous Emissions Materials ❑ Hydrology / Water ❑ Land Use / Planning ❑ Mineral Resources Quality ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation ® Tribal Cultural Resources ❑ Utilities / Service ❑ Wildfire ❑ Mandatory Findings Systems of Significances DETERMINATION On the basis of this initial evaluation ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Page 141 INITIAL STUDY City of Tustin ❑ I find that the proposed project MAY have a "potentially significant" or"potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier analysis pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Name and Title Lead Agency Page 142 INITIAL STUDY City of Tustin EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take account of the whole action involved, including offsite as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significance. Page 143 INITIAL STUDY City of Tustin 5. ENVIRONMENTAL ANALYSIS This section provides evidence to substantiate the conclusions in the environmental checklist. 5.1.AESTHETICS Would the Project: Potential Less Than Less No ly Significant Than Impact Significa with Significa nt Mitigation nt Impact Incorporate Impact d a) Have a substantial adverse effect on a ❑ ❑ ❑ scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In nonurbanized areas, substantially ❑ ❑ ❑ degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light ❑ ❑ ® ❑ or glare which would adversely affect day or nighttime views in the area? a. Have a substantial adverse effect on a scenic vista? No Impact. Scenic vistas consist of expansive, panoramic views of important, unique, or highly valued visual features that are seen from public viewing areas. This definition combines visual quality with information about view exposure to describe the level of interest or concern that viewers may have for the quality of a particular view or visual setting. A scenic vista can be impacted in two ways: a development project can have visual impacts by either directly diminishing the scenic quality of the vista or by blocking the view corridors or "vista" of the scenic resource. Important factors in determining whether a proposed project would block scenic vistas include the project's proposed height, mass, and location relative to surrounding land uses and travel corridors. Figure COSR-4 of the General Plan Conservation/Open Space/Recreation Element conceptually identifies public scenic resources in Tustin. Scenic resources in the city Page 144 INITIAL STUDY City of Tustin include public views along ridgelines, views toward inland mountains, and views along scenic transportation corridors. The Project site is in an urbanized area and surrounded by one- and two-story development (residential and commercial land uses), roadways, lined with ornamental landscaping and power lines. The topography of the site and surrounding area is flat, and there are no scenic vistas or unique topographic features that are visible from Irvine Boulevard or from views across the Project site. Thus, redevelopment of the Project site with two-story residences would not obstruct, interrupt, or diminish a scenic vista; and impacts would not occur. b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no officially designated State scenic highways within the city. The closest Eligible State Scenic Highway according to the California Department of Transportation (Caltrans) is a portion of SR-91, located approximately seven miles north of the city. Tustin is not visible from the highway. Therefore, the Project would result in no impacts on a scenic resource within a state scenic highway. C. In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact. As described previously, the Project site is located within an urbanized area that is directly adjacent to Irvine Boulevard, a park, residential uses, and office uses. The Project site is developed with 2 two-story office buildings, a parking lot, and landscaping. The existing character of the site and surrounding area is neither unique nor of special aesthetic value or quality. The Project would redevelop the site to provide 18 duplexes and 4 single-family residences (40 units total) with landscaping and parking improvements which would be consistent with the residential uses that are adjacent to the site to the east and south. General Plan. As shown on General Plan Figure LU-1, Land Use Plan Policy Map, the Project site currently has a General Plan land use designation of Professional Office (PO). The Project would include a General Plan Amendment to change the land use designation from PO to High Density Residential (HDR). The HDR designation provides for residential uses at a density of between 15 and 25 dwelling units per net acre. The proposed Project would result in a density of 19.3 dwelling units per acre, which would not exceed the allowable density for the proposed land use designation. Zoning. The Project site is currently zoned Retail Commercial (C-1), which has a which has a minimum lot size requirement of 5,000 square feet, no maximum lot coverage requirement, and a maximum building height of 35 feet. Municipal Code Section 9232 describes that the C-1 zone provides for a variety of general retail, service retail and office uses. The Project would include a zone change to Multiple-Family Residential (R-3). The R-3 zone allows a maximum building height of 35, a maximum lot coverage of 65 percent, Page 145 INITIAL STUDY City of Tustin and requires a 10-foot front setback, 5-foot interior side yard setback, 10-foot corner yard side setback, and 10-foot rear yard setback. As shown in Table 5-1, the proposed Project meets or exceeds the R-3 zoning requirements for lot area, building heights, and setbacks. Table 5-1. Development Standard Consistency Development Feature R-3 Zoning Requirement Proposed Project Consistency Minimum Lot Area 7,000 SF Consistent. The proposed Project site is approximately 90,212 SF (2.07 acres). Minimum Lot Width 70 feet Consistent. The proposed Project site is 190 feet wide. Lot Coverage 65 percent Consistent. The proposed Project would result in 36.7 percent building coverage. Building Height 35 feet Consistent. The proposed residential buildings would be 34 feet and 11 inches in height from the finished grade to the top of the highest architecture which meets the R-3 zone requirement of a 35-foot-high building. Front Yard 10 feet from right-of-way Consistent. The Project line includes 6-foot minimum front yard setback, which is less than the R-3 zoning requirement of 10 -foot front yard setbacks from right-of-way line of Irvine Blvd. The Project includes affordable housing units which would qualify the Project for the City's density bonus. A concession of the City's density bonus program is to allow for the flexibility of reduced setbacks, which would be applied along Irvine Blvd. Interior Side Yard 5 feet Consistent. The Project includes 5-foot minimum interior side setbacks, which is consistent with the R-3 zoning Page 146 INITIAL STUDY City of Tustin requirement of 5-foot interior side yard setbacks. Corner Side Yard 10 feet Consistent. The Project includes 10-foot minimum corner setbacks, which is consistent with the R-3 zoning requirement of 10-foot corner yard setbacks. Rear Yard 10 feet Consistent. The Project includes 10-foot minimum rear setbacks, which exceeds the R-3 zoning requirement of 10-foot rear yard setbacks. As shown above, the Project would be consistent with the design requirements under the City's R-3 zoning. The proposed high-density residential Project would replace the existing business center and would include the construction of townhomes and single- family residences, landscaping, internal drive aisles, and recreational features. The Project would result in a similar or improved visual character and quality of the Project site. Therefore, the Project would result in a less than significant impact. d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The Project site is developed with two existing office buildings and contains onsite nighttime security lighting. In addition, the Project site is located within a developed urban area, adjacent to a park, office uses, residential development, and a roadway. Existing sources of light in the vicinity of the Project site includes: streetlights, security lighting, landscape lighting, and lighting from building interiors that pass-through windows. The proposed Project would include the provision of street lighting and nighttime lighting for security purposes around all of the residences. Implementation of the proposed Project would result in a higher intensity development on the Project site than currently exists, which would contribute additional sources to the overall ambient nighttime lighting conditions. The Tustin Building Code (2019) requires submittal of point-by-point photometric calculations with building plans showing compliance with Municipal Code Section 8102. Additionally, all outdoor lighting would be hooded, appropriately angled away from adjacent land uses, and would be in compliance with the Tustin Municipal Code Section 9271 that provides specifications for shielding lighting away from adjacent uses and intensity of lighting. Because the Project site is within an urban area with various sources of existing nighttime lighting, and the Project would be required to comply with the City's lighting regulations that would be verified by the City's Building Division during the permitting process, the lighting increase in light that would be generated by the Project would not adversely affect day or nighttime views in the area. Overall, lighting impacts would be less than significant. Page 147 INITIAL STUDY City of Tustin Reflective light (glare) can be caused by sunlight or artificial light reflecting from finished surfaces such as window glass or other reflective materials. Generally, darker or mirrored glass would have a higher visible light reflectance than clear glass. Buildings constructed of highly reflective materials from which the sun reflects at a low angle can cause adverse glare. The proposed Project would not use highly reflective surfaces, or glass sided buildings. Although the residences would contain windows, the windows would be separated by stucco and architectural elements, which would limit the potential of glare. In addition, as described previously, onsite lighting would be angled down and shielded, which would avoid the potential on onsite lighting to generate glare. Therefore, the Project would not generate substantial sources of glare, and impacts would be less than significant. Existing Plans, Programs, or Policies PPP AES-1: Lighting. Prior to issuance of building permits, the applicant shall submit a photometric lighting plan to the Building Division showing compliance with Municipal Code Section 8102, which requires a minimum of one-foot candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The photometric plan must also show no light spillage pursuant to Municipal Code Section 9271(hh). Mitigation Measures None. Sources California State Scenic Highway System Map. Accessed from: https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643bl aaf7000 dfcc19983] City of Tustin, 2018. City of Tustin General Plan Conservation, Open Space, and Recreation Element Accessed: https://www.tustinca.org/DocumentCenterNiew/713/City-of-Tustin-General-Plan-PDF Page 148 INITIAL STUDY City of Tustin 5.2.AGRICULTURE AND FOREST RESOURCES In determining whether impacts to Potentiall Less Than Less No agricultural resources are significant y Significant Than Impact environmental effects, lead agencies may Significan with Significan refer to the California Agricultural Land t Impact Mitigation t Impact Evaluation and Site Assessment Model Incorporat (1997) prepared by the California Dept. of ed Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and the forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for ❑ ❑ ❑ agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause ❑ ❑ ❑ rezoning of, forest land (as defined in Public Resources Code section 12220(g))7 timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or ❑ ❑ ❑ conversion of forest land to non-forest use? Page 149 INITIAL STUDY City of Tustin e) Involve other changes in the existing ❑ ❑ ❑ environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? No Impact. The California Department of Conservation Important Farmland mapping identifies the Project site and surrounding areas as Urban and Built-Up land (CDC 2020). No areas of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located on or adjacent to the Project site. Therefore, impacts related to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance would not occur. b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Williamson Act (California Land Conservation Act of 1965) restricts the use of agricultural and open space lands to farming and ranching by enabling local governments to contract with private landowners for indefinite terms in exchange for reduced property tax assessments. Tustin does not include any land that is currently under an active Williamson Act contract. Therefore, development of the Project would not result in the cancellation of the contract, and impacts related to a Williamson Act contract would not occur. Therefore, the Project would result in no impact. c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. "Forest land" is defined as "land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits".' "Timberland" is defined as "land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products including Christmas trees".2 "Timberland Production Zone" (TPZ) is defined as "an area California Public Resources Code Section 12220(g). 2 California Public Resources Code Section 4526. Page 150 INITIAL STUDY City of Tustin which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h)". 3 The Project site current includes two office buildings and parking lot and within an urbanized developed area. No forest land exists on or adjacent to the Project site. The Project site is currently zoned Retail Commercial (Cl) and is not zoned for forest land or timberland uses. Thus, the proposed Project would not result in impacts related to a conflict with existing forest land or timberland zoning, and impacts would not occur. d. Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As discussed above, the Project does not propose development within an area containing forest land. Therefore, the proposed Project would not result in the loss or conversion of forest land to non-forest use. e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No Impact. As described above, the Project site currently includes two office buildings and parking lot and is within an urbanized developed area. No forest land exists on or adjacent to the Project site. Therefore, the implementation of the proposed Project would not involve other changes in the existing environment which would result in the conversion of farmland to a non-agricultural use or the conversion of forest land to a non-forest use. Therefore, no impacts would occur. Existing Plans, Programs, or Policies None. Mitigation Measures None. Sources California Important Farmland Finder. California Department of Conservation. Accessed from: https-//maps.conservation.ca.gov/DLRP/CIFF/ 3 California Government Code Section 51104(g). Page 151 INITIAL STUDY City of Tustin 5.3.AIR QUALITY Where available, the significance criteria Potential Less Than Less No established by the applicable air quality ly Significant Than Impact management or air pollution control district Significa with Significa may be relied upon to make the following nt Impact Mitigation nt Impact determinations. Would the Project: Incorporate d a) Conflict with or obstruct implementation ❑ ❑ ® ❑ of the applicable air quality plan? b) Result in a cumulatively considerable net ❑ ❑ ® ❑ increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial ❑ ❑ ® ❑ pollutant concentrations? d) Result in other emissions (such as those ❑ ❑ ® ❑ leading to odors) adversely affecting a substantial number of people? a. Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. The Project site is located in the South Coast Air Basin, which is under the jurisdictional boundaries of the South Coast Air Quality Management District (SCAQMD). The SCAQMD and Southern California Association of Governments (SCAG) are responsible for preparing the Air Quality Management Plan (AQMP), which addresses federal and state Clean Air Act (CAA) requirements. The 2016 AQMP details goals, policies, and programs for improving air quality in the Basin. As described in Chapter 12, Section 12.2 and Section 12.3 of the SCAQMD's CEQA Air Quality Handbook (1993), for purposes of analyzing consistency with the AQMP, if a proposed project would result in growth that is substantially greater than what was anticipated, then the proposed project would conflict with the AQMP. On the other hand, if a project's density is within the anticipated growth of a jurisdiction, its emissions would be consistent with the assumptions in the AQMP, and the project would not conflict with SCAQMD's attainment plans. In addition, the SCAQMD considers projects consistent with the AQMP if the project would not result in an increase in the frequency or severity of existing air quality violations or cause a new violation. The site is a previously developed site that is located along an arterial roadway that is adjacent to residential, office, park and school land uses. The proposed Project would remove the existing office buildings and develop 40 residential units on the site. As further Page 152 INITIAL STUDY City of Tustin described in Section 5.14, Population and Housing, the 40 new residences would result in a 0.1 percent increase in residential units within the city. This limited level of growth would not exceed growth projections and would be consistent with the assumptions in the 2016 AQMP. Also, emissions generated by construction and operation of the proposed Project would not exceed thresholds. As described in the analysis below and detailed in Appendix A, the Project would not result in an increase in the frequency or severity of existing air quality violations or cause a new violation. Therefore, impacts related to conflict with the 2016 AQMP from the proposed Project would be less than significant. b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less than Significant Impact. The South Coast Air Basin (SCAB) is in a non-attainment status for federal ozone standards, federal carbon monoxide standards, and state and federal particulate matter standards. Any development in the SCAB, including the proposed Project, could cumulatively contribute to these pollutant violations. The methodologies from the SCAQMD CEQA Air Quality Handbook are used in evaluating Project impacts. SCAQMD has established daily mass thresholds for regional pollutant emissions, which are shown in Table 5-2. Should construction or operation of the proposed Project exceed these thresholds a significant impact could occur; however, if estimated emissions are less than the thresholds, impacts would be considered less than significant. Table 5-2: SCAQMD Regional Daily Emissions Thresholds Pollutant Construction Operations (Ibs/day) (Ibs/day) N Ox 100 55 VOC 75 55 PM10 150 150 PM2.5 55 55 Sox 150 150 CO 550 550 Lead 3 3 Source: Regional Thresholds presented in this table are based on the SCAQMD Air Quality Significance Thresholds, March 2015 Page 53 INITIAL STUDY City of Tustin Construction Construction activities associated with the proposed Project would generate pollutant emissions from the following construction activities: demolition, site preparation, grading, building construction, paving, architectural coating. The amount of emissions generated on a daily basis would vary, depending on the intensity and types of construction activities occurring. Construction activities would generate emissions from the demolition of the two existing buildings totaling 47,583 SF, onsite pavement, and infrastructure. In addition, the Project would generate a need for construction worker vehicle trips to and from the Project site during the estimated 11 months of construction. It is mandatory for all construction projects to comply with several SCAQMD Rules, including Rule 403 for controlling fugitive dust, PM10, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the proposed Project site, covering all trucks hauling soil with a fabric cover and maintaining a freeboard height of 12-inches, and maintaining effective cover over exposed areas. Compliance with Rule 403 was accounted for in the construction emissions modeling and is included as PPP AQ-2. In addition, implementation of SCAQMD Rule 1113 that governs the VOC content in architectural coating, paint, thinners, and solvents, would be required and is included as PPP AQ-3. As shown in Table 5-3, CalEEMod results provide that construction emissions generated by the proposed Project would not exceed SCAQMD regional thresholds. Therefore, construction activities would result in a less than significant impact. Table 5-3: Regional Construction Emissions Summary Maximum Daily Regional Emissions Construction (pounds/day) Activity ROG NOX CO SOX PM10 PM2.5 2023 Demolition 1.8 19.5 18.6 0.0 3.2 1.1 Site Prep 1.4 13.9 11.9 0.0 1.0 0.6 Grading 2.1 31.5 23.4 0.1 3.6 2.1 Building 1.6 12.6 14.7 0.0 0.6 0.5 Construction Maximum Daily 2.1 31.5 23.4 0.1 3.6 2.1 Emissions Page 154 INITIAL STUDY City of Tustin 2024 Paving 0.8 6.4 8.3 0.0 0.3 0.3 Architectural Coating 50.3 1.2 1.5 0.0 0.0 0.0 Maximum Daily Emissions 50.3 6.4 8.3 0.0 0.3 0.3 Maximum Daily Emission 2023- 50.3 31.5 23.4 0.1 3.6 2.1 2024 SCAQM D Significance 75 100 550 150 150 55 Thresholds Threshold No No No No No No Exceeded? Source:Air Quality, Greenhouse Gas,and Energy Impact Analysis(Appendix A) Note: Modeling assumed a conservative estimate of 16,706 cubic yards of exported fill Operation Development of the 40 residential units would result in long-term regional emissions of criteria air pollutants and ozone precursors associated with area sources, such as natural gas consumption, landscaping, applications of architectural coatings, and consumer products. However, operational vehicular emissions would generate a majority of the emissions generated from the Project. Operational emissions associated with the proposed Project were modeled using CalEEMod and are presented in Table 5-4. As shown, the proposed Project would result in long-term regional emissions of the criteria pollutants that would be below the SCAQMD's applicable thresholds. Therefore, the Project's operational emissions would not exceed the NAAQS and CAAQS, would not result in a cumulatively considerable net increase of any criteria pollutant impacts, and would be less than significant. Table 5-4: Summary of Net Regional Operational Emissions Maximum Daily Regional Emissions Operational (pounds/day) Activity ROG NOx CO Sox PM10 PM2.5 Area 2.1 0.7 2.5 0.0 0.1 0.1 Energy 0.0 0.3 0.1 0.0 0.0 0.0 Page 155 INITIAL STUDY City of Tustin Mobile 1.2 1.1 11.2 0.0 1.0 0.2 Total Project Operational 3.3 2.0 13.8 0.0 1.1 0.3 Emissions Existing Total 3.3 1.9 17.8 0.0 1.4 0.3 Emissions Net Total Operational 0.0 0.2 -4.0 0.0 -0.3 0.0 Emissions SCAQMD Significance 55 55 550 150 150 55 Thresholds Threshold No No No No No No Exceeded? Source:Air Quality, Greenhouse Gas,and Energy Impact Analysis(Appendix A) c. Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. The SCAQMD recommends the evaluation of localized NO2, CO, PM1o, and PM2.5 construction-related impacts to sensitive receptors in the immediate vicinity of the Project site. Such an evaluation is referred to as a localized significance threshold (LST) analysis. The impacts were analyzed pursuant to the SCAQMD's Final Localized Significance Threshold Methodology. According to the LST Methodology, "off-site mobile emissions from the Project should not be included in the emissions compared to the LSTs" (SCAQMD 2008). SCAQMD has developed LSTs that represent the maximum emissions from a Project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards, and thus would not cause or contribute to localized air quality impacts. LSTs are developed based on the ambient concentrations of NOx, CO, PM1o, and PM2.5 pollutants for each of the 38 source receptor areas (SRAs) in the SCAB. The Project site is located in SRA 17, Central Orange County. Sensitive receptors can include uses such as long-term health care facilities, rehabilitation centers, and retirement homes. Residences, schools, playgrounds, childcare centers, and athletic facilities can also be considered sensitive receptors. The nearest LST sensitive receptors to the Project site are the existing residences that are adjacent to the east, south and west of the site, with the nearest approximately 10 meters (32 feet) northwest of the Project boundary, Columbus Tustin Park is located approximately 108 feet north of the Project boundary, and Columbus Tustin Middle School is approximately 544 feet north of the Project boundary. Page 156 INITIAL STUDY City of Tustin Construction The localized thresholds from the mass rate look-up tables in SCAQMD's Final Localized Significance Threshold Methodology document were developed for use on projects that are less than or equal to 5-acres in size or have a disturbance of less than or equal to 5 acres daily and were used to evaluate LSTs. Localized construction emissions associated with the proposed Project were modeled using CaIEEMod and are presented in Table 5- 5. Distance to the nearest sensitive receptor determines the local emission thresholds. The nearest LST sensitive receptors to the Project site are the existing residences that are adjacent to the east, south and west of the site, with the nearest approximately 10 meters (32.81 feet) northwest of the Project boundary. These receptors (distance from the project property line to the residential structure) are less than the minimum distance provided in the lookup tables (25 meters); therefore, 25 meters (82 feet) was used. The Project would comply with SCAQMD Rules 403 and 1113 (included as PPP AQ-2 and PPP AQ-3), which would require implementation of erosion avoidance and minimization through dust control activities (watering, limiting construction during high-wind events, reducing disturbances, etc.) and use of paints that minimize potential harmful emissions. As shown in Table 5-5, maximum daily construction emissions from the proposed Project would not exceed the applicable SCAQMD LST thresholds. Table 5-5: Localized Significance Summary of Construction Maximum Daily Regional Emissions Construction Activity (pounds/day) NOX CO PMU PIVIM 2022 Demolition 17.0 16.9 3.0 1.0 Site Prep 13.9 11.9 1.0 0.6 Grading 17.8 16.8 2.7 1.7 Building Construction 12.3 12.8 0.5 0.5 Maximum Daily Emissions 17.8 16.9 3.0 1.7 2023 Paving 6.4 8.3 0.3 0.3 Architectural Coating 1.2 1.5 0.0 0.0 Maximum Daily Emissions 6.4 8.3 0.3 0.3 Page 57 INITIAL STUDY City of Tustin Maximum Daily Emission 2021-2022 17.8 16.9 3.0 1.7 SCAQMD Significance 115 715 6 4 Thresholds Threshold Exceeded? No No No No Source:Air Quality, Greenhouse Gas,and Energy Impact Analysis(Appendix A) Operation According to the SCAQMD LST methodology, LSTs apply to stationary mobile sources. Projects that involve mobile sources that spend long periods queuing and idling at a site, such as transfer facilities or warehousing and distribution buildings, have the potential to exceed the operational localized significance thresholds. The proposed Project would operate 40 residential units, which do not involve vehicles idling or queueing for long periods. Therefore, due to the lack of significant stationary source emissions, impacts related to operational localized significance thresholds would be less than significant (EPD 2022). d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact. The proposed Project would not emit other emissions, such as those generating objectionable odors, that would affect a substantial number of people. The threshold for odor is identified by SCAQMD Rule 402, Nuisance, which states: A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. The type of facilities that are considered to result in other emissions, such as objectionable odors, include wastewater treatments plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. The proposed Project would implement residential development within the Project area that does not involve the types of uses that would emit objectionable odors affecting a substantial number of people. In addition, odors generated by non-residential land uses are required to be in compliance with SCAQMD Rule 402, which would prevent nuisance odors. Page 158 INITIAL STUDY City of Tustin During construction, emissions from construction equipment, architectural coatings, and paving activities may generate odors. However, these odors would be temporary, intermittent in nature, and would not affect a substantial number of people. The noxious odors would be confined to the immediate vicinity of the construction equipment. Also, the short-term construction-related odors would cease upon the drying or hardening of the odor-producing materials. Therefore, impacts associated with other emissions, such as odors, would not adversely affect a substantial number of people. Existing Plans, Programs, or Policies PPP AQ-1: Rule 402. Project construction plans and specifications shall state that the Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. PPP AQ-2: Rule 403. The construction plans and specifications shall state that the Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following: • All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day. • The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less. PPP AQ-3: Rule 1113. The construction plans and specifications shall state that the Project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only "Low-Volatile Organic Compounds" paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used. PPP E-2: Idling Regulations. The Project is required to comply with California Air Resources Board (CARB) Rule 2485 (13 CCR, Chapter 10 Section 2485), Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. Mitigation Measures None. Sources Air Quality, Greenhouse Gas, and Energy Impact Analysis, Prepared by EPD Solutions, 2022 (Appendix A) Page 159 INITIAL STUDY City of Tustin South Coast Air Quality Management District Final Localized Significance Threshold Methodology (SCAQMD 2008). Accessed: http://www.agmd.gov/docs/defaultsource/ceqa/handbook/localized-significance- thresholds/final-Ist-methodology-document.pdf -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 160 INITIAL STUDY City of Tustin 5.4. BIOLOGICAL RESOURCES Would the Project: Potential Less Than Less No ly Significant Than Impact Significa with Significa nt Impact Mitigation nt Impact Incorporate d a) Have a substantial adverse effect, either ❑ ❑ ❑ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ ❑ ❑ riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on ❑ ❑ ❑ state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement ❑ ® ❑ ❑ of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ❑ ❑ ❑ ordinances protecting biological resources, such as a tree preservation policy or ordinance? Page 161 INITIAL STUDY City of Tustin f) Conflict with the provisions of an adopted ❑ ❑ ❑ Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The Project site is developed with two existing office buildings, a paved parking lot, and landscaping. The Project site is surrounded by urban developed areas with structures, paved parking, and ornamental landscaping. There is no evidence of either suitable habitat for or the presence of any endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), or California Native Plant Society (CNPS). The Project would redevelop the site and provide new landscaping that would include a variety of ornamental trees, shrubs, and groundcover. As no sensitive species or habitat exist onsite, implementation of the Project would not result in an adverse effect, either directly or through habitat modifications, on any sensitive species, and impacts would not occur. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? No Impact. Riparian habitats occur along the banks of rivers, streams, or wetland areas. Sensitive natural communities are natural communities that are considered rare in the region by regulatory agencies or are known to provide habitat for sensitive animal or plant species. As described in the previous response, the Project site is within an urban area, fully developed, and does not contain any natural habitats, including riparian habitat or sensitive natural community. Additionally, the Project site is bound by developed areas that include buildings, pavement, roadways, and small areas of ornamental landscaping that do not contain sensitive natural habitat areas. Thus, no impacts related to riparian habitat or other sensitive natural communities identified in local or regional plans would result from Project implementation. c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. Wetlands are defined under the federal Clean Water Act as land that is flooded or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that normally does support, a prevalence of vegetation adapted to life in saturated soils. Wetlands include areas such as swamps, marshes, and bogs. Page 162 INITIAL STUDY City of Tustin The Project site and adjacent areas are located within a developed urban area and do not contain natural wetlands. Therefore, the Project would not result in impacts to wetlands. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than Significant with Mitigation Incorporated. Wildlife corridors are areas where wildlife movement is concentrated due to natural or anthropogenic constraints and corridors provide access to resources such as food, water, and shelter. Animals use these corridors to move between different habitats and provide avenues for wildlife dispersal, migration, and contact between other populations. The Project site does not support conditions for migratory wildlife corridors or linkages. The Project site is completely developed and surrounded by a roadway and developed land uses. The site and surrounding areas do not provide function for wildlife movement. Additionally, the surrounding area is developed and urban. There are no rivers, creeks, or open drainages near the site that could function as a wildlife corridor. Thus, implementation of the Project would not result in impacts related to wildlife movement or wildlife corridors. However, the Project site contains existing ornamental trees that could be used for nesting by common bird species that are protected by the federal Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code Sections 3503.5, 3511, and 3515 during the avian nesting and breeding season that occurs between February 1 and September 15. The provisions of the MBTA prohibits disturbing or destroying active nests. Therefore, Mitigation Measure BIO-1 has been included to require that if commencement of vegetation clearing occurs between February 1 and September 15, a qualified biologist shall conduct a nesting bird survey no more than 3 days prior to commencement of activities to confirm the absence of nesting birds. With implementation of Mitigation Measure BIO-1, potential impacts to nesting birds would be less than significant. e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less than Significant Impact. The Project site is urban and developed and contains no biological resources to be preserved under the resource protection policies of the City's General Plan. Article 7, Chapter 3 of the Municipal Code addresses the protection of "trees, plants or shrubs in or growing upon or over any public parkway street, highway, alley, right-of-way, City-owned property in the City." The Project will not be impacting any such trees and shrubs. To the extent that the Project is required to plant new trees on public property pursuant to Section 7308 of Article 7, Chapter 3, the Project will be required to comply with the Municipal Code requirements as part of the City permitting process (PPP BIO-1). As a result, impacts would be less than significant. f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project site is developed and in an urban area. The Project site does not contain any natural lands that are subject to an adopted Habitat Conservation Plan, Page 163 INITIAL STUDY City of Tustin Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Therefore, the Project would not result in impacts to biological habitat plans. Existing Plans, Programs, or Policies PPP Bio-1: Street Trees. Installation of street trees shall occur in compliance with the City of Tustin Municipal Code Article 7, Chapter 3, Section 7308. Mitigation Measures Mitigation Measure BIO-1: Migratory Bird Treaty Act. Prior to commencement of grading activities, the City Building Division shall verify that, in the event that vegetation and tree removal activities occur within the active breeding season for birds (February 1— September 15), the Project applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a professional biologist that is familiar with local birds and their nesting behaviors) to conduct a nesting bird survey no more than 3 days prior to commencement of construction activities. The nesting survey shall include the Project site and areas immediately adjacent to the site that could potentially be affected by Project-related construction activities, such as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet of the designated construction area prior to construction, the qualified biologist shall establish an appropriate buffer around the active nests (e.g., as much as 500 feet for raptors and 300 feet for non-raptors [subject to the recommendations of the qualified biologist]), and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Sources City of Tustin, Municipal Code, Chapter 3, Trees and Shrubs. Available at: https://Iibrary.municode.com/ca/tustin/codes/code of ordinances?nodeld=ART7PUFA CH3TRSH 7308REPL. U.S. Fish and Wildlife Service Migratory Bird Treaty Act. Available at: https://www.fws.gov/law/migratory-bird-treaty-act-1918. Page 164 INITIAL STUDY City of Tustin 5.5. CULTURAL RESOURCES Would the Project: Potential Less Than Less No ly Significant Than Impact Significa with Significa nt Impact Mitigation nt Impact Incorporate d a) Cause a substantial adverse change in ❑ ❑ ❑ the significance of a historical resource pursuant to §15064.5? b) Cause a substantial adverse change in ❑ ® ❑ ❑ the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including ❑ ❑ ❑ those interred outside of formal cemeteries? a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. According to the State CEQA Guidelines, a historical resource is defined as something that meets one or more of the following criteria: 1. Listed in, or determined eligible for listing in, the California Register of Historical Resources; 2. Listed in a local register of historical resources as defined in Public Resources Code (PRC) Section 5020.1(k); 3. Identified as significant in a historical resources survey meeting the requirements of PRC Section 5024.1(g); or 4. Determined to be a historical resource by the project's Lead Agency. PRC Section 5024.1 directs evaluation of historical resources to determine their eligibility for listing on the CRHR. The criteria for listing resources on the CRHR were expressly developed to be in accordance with previously established criteria developed for listing on the NRHP, enumerated above, and require similar protection to what NHPA Section 106 mandates for historic properties. According to PRC Section 5024.1(c)(1-4), a resource is considered historically significant if it meets at least one of the following criteria: 1. Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States; 2. Associated with the lives of persons important to local, California or national Page 165 INITIAL STUDY City of Tustin history; 3. Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values; or 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. As described previously, the Project site is currently developed with two office buildings, a surface parking lot, and landscaping. A cultural records search and review of historical photos conducted as part of the cultural assessment performed for the Project (Appendix B) indicated that the Project site was developed with an agricultural grove as early as 1931, and that the surrounding area was developed with residences as early as 1896. Between 1963 and 1966, the subject property was graded, removing the agricultural grove, and in 1971 the current development was constructed. The office buildings are over 50 years old and therefore meet the minimum age threshold to require an assessment of potential eligibility to the California Register of Historical Resources (CRHR). As such, an evaluation of the structures for historical significance was prepared. Results of the evaluation determined that the structures were not of historical significance and the removal of the structures would not result in an adverse change in the significance of a historical resource pursuant to §15064.5 (Appendix C). Therefore, the Project would result in no impact on a historical resource. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less than Significant with Mitigation. The Cultural Resources Study prepared for the Project included a search of the California Historical Resource Information System (CHRIS) at the South Central Coastal Information Center (SCCIC), located at California State University, Fullerton. The search identified any previously recorded cultural resources and prior cultural resources investigations within a 1-mile radius of the Project site. The records search identified six previously recorded cultural resources within the 1-mile radius and none within the Project site. These resources include one prehistoric metate, pestle, and shell site; one prehistoric stone bowl with two pestles site; the historic (circa 1925) Red Hill Water Company Pumping Plant; the historic(circa 1887) Sherman Stevens House; the historic(circa 1914)Artz Building; and the Tustin Old Town Historic Resources District. The records search results also indicate that 21 cultural resource studies have been conducted within a one-mile radius of the Project, none of which include any portion of the Project boundaries. An archaeologist conducted the cultural resources survey of the Project area on May 25, 2022. The Project site is developed with two office buildings, hardscape, and commercial landscaping; therefore, visibility of the natural ground was completely obscured. The office buildings are over 50 years old, and therefore, are considered of historic age. No other cultural resources were identified within the property as a result of the records search and field survey. Page 166 INITIAL STUDY City of Tustin The Cultural Resources Study determined that there is a potential for previously unknown archaeological resources to be located within the Project site. Thus, Mitigation Measure CUL-1 has been included to require that in the event that potential archaeological resources are discovered during excavation, grading, or construction activities, work shall cease within 50 feet of the find until a qualified archaeologist from the City or County List of Qualified Archaeologists has evaluated the find to determine whether the find constitutes a "unique archaeological resource," as defined in Section 21083.2(g) of the California Public Resources Code. If determined to be a unique archaeological resource, the resource would then be treated in accordance with Section 21083.2(b). With implementation of Mitigation Measure CUL-1, impacts to archaeological resources would be less than significant. c. Disturb any human remains, including those interred outside of formal cemeteries? No Impact. The Project site has been previously disturbed, as described above, and has not been previously used as a cemetery. Thus, human remains are not anticipated to be uncovered during project construction. In addition, California Health and Safety Code Section 7050.5, CEQA Section 15064.5, and Public Resources Code Section 5097.98 (included as PPP CUL-1) mandate the process to be followed in the event of an accidental discovery of any human remains. Specifically, California Health and Safety Code Section 7050.5 requires that if human remains are discovered, disturbance of the site shall remain halted until the coroner has conducted an investigation into the circumstances, manner, and cause of death, and made recommendations concerning the treatment and disposition of the human remains to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the remains are not subject to his or her authority and if the coroner has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Compliance with existing law would ensure that significant impacts to human remains would not occur. Existing Plans, Programs, or Policies PPP CUL-1: Human Remains. In the event that human remains are encountered on the Project site, work within 50 ft of the discovery shall cease and the County Coroner shall be notified immediately consistent with the requirements of California Code of Regulations (CCR) Secln 15064.5(e). State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. Prior to the issuance of grading permits, the City Community and Planning, Building, and Code Enforcement Department Director, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98, as stated above. Mitigation Measure Page 167 INITIAL STUDY City of Tustin Mitigation Measure CUL-1: Inadvertent Discovery. In the event that potential archaeological resources are discovered during excavation, grading, or construction activities, work shall cease within 50 feet of the find until a qualified archaeologist from the City or County List of Qualified Archaeologists has evaluated the find to determine whether the find constitutes a "unique archaeological resource," as defined in Section 21083.2(g) of the California Public Resources Code. Any resources identified shall be treated in accordance with California Public Resources Code Section 21083.2(g). If the discovered resource(s) appears Native American in origin, a Native American Monitor shall be contacted to evaluate any potential tribal cultural resource(s) and shall have the opportunity to consult on appropriate treatment and curation of these resources. The discovery would also be reported to the City and the South Central Coastal Information Center (SCCIC). Prior to the issuance of any permits for ground-disturbing activities that include the excavation of soils (including as grading, excavation, and trenching), the City of Tustin shall ensure that all Project grading and construction plans and specifications include requirement to halt construction activity and contact an archaeologist as specified above. Sources Cultural Resources Study, prepared by Brian F. Smith and Associates, 2022 (BFSA 2022), (Appendix B). Historic Assessment Memorandum, prepared by Urbana Preservation & Planning, LLC, 2022 (Appendix C). Page 168 INITIAL STUDY City of Tustin 5.6. ENERGY Would the Project: Potential Less Than Less No ly Significant Than Impact Significa with Significa nt Impact Mitigation nt Impact Incorporate d a) Result in potentially significant ❑ ❑ ® ❑ environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local ❑ ❑ ❑ plan for renewable energy or energy efficiency? a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. Construction. During construction of the proposed Project, energy would be consumed in three general forms: 1. Petroleum-based fuels used to power off-road construction vehicles and equipment on the Project site, construction worker travel to and from the Project site, as well as delivery truck trips; 2. Electricity associated with providing temporary power for lighting and electric equipment; and 3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Based on these uses of energy during construction activities, the proposed Project would not be expected to result in demand for fuel greater on a per-unit of-development basis than other development projects in Southern California. Construction of the Project does not involve any unusual or increased need for energy. In addition, the extent of construction activities that would occur is limited to an 11-month period, and the demand for construction-related electricity and fuels would be limited to that time frame. Construction contractors are required to demonstrate compliance with applicable California Air Resources Board (CARB) regulations governing the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on-and off-road equipment, which would Page J 69 INITIAL STUDY City of Tustin be verified as part of the City's construction permitting process, which is included as PPP E-1. In addition, compliance with existing CARB idling restrictions would reduce fuel combustion and energy consumption. The energy modeling shows that Project construction electricity usage over the 11-month construction period is estimated to use 10,262 gallons of diesel fuel, as shown in Table 5-6. Page 170 INITIAL STUDY City of Tustin Table 5-6: Estimated Construction Equipment Diesel Fuel Consumption Hours Horse- Load Days of Total Fuel Rate Fuel Use Equipment Number per ower Factor Construction Horsepower- day p hours (gal/hp-hr) (gallons) Tractors/Loaders/Backhoes 3 8 84 0.37 20 14,918 0.01915595 286 Rubber Tired Dozers 1 8 367 0.4 20 23,488 0.02061516 484 Concrete/Industrial Saws 1 8 33 0.73 20 3,854 0.04182672 161 Graders 1 8 148 0.41 7 3,398 0.02116786 72 Scrapers 1 8 423 0.48 7 11,370 0.02500758 284 Tractors/Loaders/Backhoes 1 8 84 0.37 7 1,740 0.01915595 33 Graders 1 8 148 0.41 14 6,796 0.02116786 144 Rubber Tired Dozers 1 8 367 0.4 14 16,442 0.02061516 339 Tractors/Loaders/Backhoes 2 8 84 0.37 14 6,962 0.01915595 133 Cranes 1 8 367 0.29 220 187,317 0.01489692 2,790 Forklifts 2 8 82 0.2 220 57,728 0.01044404 603 Generator Sets 1 8 14 0.74 220 18,234 0.04233865 772 Tractors/Loaders/Backhoes 1 8 84 0.37 220 54,701 0.01915595 1,048 Welder 3 8 46 0.45 220 109,296 0.02583478 2,824 Tractors/Loaders/Backhoes 1 8 84 0.37 10 2,486 0.01915595 48 Page 171 INITIAL STUDY City of Tustin Pavers 1 8 81 0.42 10 2,722 0.0215369 59 Paving Equipment 1 8 89 0.36 10 2,563 0.01846541 47 Rollers 2 8 36 0.38 10 2,189 0.01983745 43 Cement and Mortar Mixers 1 8 10 0.56 10 448 0.01976757 9 Air Compressors 1 8 78 0.48 10 2,995 0.02759304 83 Total 10,262 Source:Air Quality,Greenhouse Gas,and Energy Analysis(Appendix A) Page 172 INITIAL STUDY City of Tustin Table 5-7 shows that construction workers would use approximately 1,596 gallons of fuel to travel to and from the Project site, and haul trucks and vendor trucks would use approximately 4,545 gallons of diesel fuel. Table 5-7: Estimated Construction Vehicle Trip Related Fuel Consumption Construction Gallons of Gallons of Source Number VMT Fuel Rate Diesel Fuel Gasoline Fuel Haul Trucks 175 3,500 5.93 591 0 Vendor 4 8,976 8.93 1,005 0 Trucks Worker 65 122,026 26.85 0 4,545 Vehicles Total 1,596 4,545 Source:Air Quality, Greenhouse Gas,and Energy Analysis(Appendix A) This is in addition to the construction equipment fuel listed in Table 5-6, which would result in 11,858 gallons of diesel fuel and 4,545 gallons of gasoline fuel that would be used during construction of the proposed Project. Overall, construction activities would comply with all existing regulations, and would therefore not be expected to use fuel in a wasteful, inefficient, and unnecessary manner. Thus, no impacts related to construction energy would occur. Operation. Once operational, the Project would generate demand for electricity, natural gas, as well as gasoline for motor vehicle trips. Operational use of energy includes the heating, cooling, and lighting of the residences, water heating, operation of electrical systems and plug-in appliances, and outdoor lighting, and the transport of electricity, natural gas, and water to the residences, no additional energy infrastructure would be required to be built to operate the Project, and no operational activities would occur that would result in extraordinary energy consumption. The proposed Project would be required to meet the current Title 24 energy efficiency standards, which is included as PPP E-1. The City's administration of the Title 24 requirements includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. Typical Title 24 measures include insulation; use of energy-efficient heating, ventilation and air conditioning equipment (HVAC); solar-reflective roofing materials; energy-efficient indoor and outdoor lighting systems; reclamation of heat rejection from refrigeration equipment to generate hot water; and incorporation of skylights, etc. In complying with the Title 24 standards, impacts to peak energy usage would be minimized, and impacts on statewide and regional energy needs would be reduced. Thus, operation of the Project would not use large amounts of energy or fuel in a wasteful manner, and no operational energy impacts would occur. As detailed in Table E-8, operation of the proposed Project Page 173 INITIAL STUDY City of Tustin is estimated to result in the annual use of approximately 7,098 gallons of fuel, approximately 644,643 kilowatt-hour (kWh) of electricity, and approximately 120,839 million thousand British thermal units (kBTU) of natural gas less than the existing onsite buildings. Table 5-8: Net Annual Operational Energy Consumption Operational Energy Usage Source Electricity (Kilowatt-Hours) Project 195,990 Existing 840,633 Net -644,643 Natural Gas (Thousands British Thermal Units) Project 1,018,434 Existing 1,139,273 Net -120,839 Petroleum (gasoline) Consumption Annual VMT Gallons of Gasoline Fuel Project 1,116,376 41,585 Existing 1,306,902 48,682 Net -190,544 -7,098 Source:Air Quality, Greenhouse Gas,and Energy Analysis(Appendix A) b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact. The proposed Project would be required to meet the CALGreen energy efficiency standards in effect during permitting of the Project, as included as PPP E-1. The City's administration of the requirements includes review of design components and energy conservation measures during the permitting process, which ensures that all requirements are met. In addition, the Project would not conflict with or obstruct opportunities to use renewable energy, such as solar energy. As discussed, the Project Page 174 INITIAL STUDY City of Tustin proposes to use photovoltaic (PV) solar panels on each of the residences to offset their energy demand in accordance with the existing Title 24 requirements (included as PPP E-1). As such, the Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would not occur. Existing Plans, Programs, or Policies PPP E-1. CALGreen Compliance: The Project is required to comply with the CALGreen Building Standards Code as included in the City's Municipal Code Section 8100 to ensure efficient use of energy. CALGreen specifications are required to be incorporated into building plans as a condition of building permit approval. PPP E-2: Idling Regulations. The Project is required to comply with California Air Resources Board (CARB) Rule 2485 (13 CCR, Chapter 10 Section 2485), Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. Mitigation Measures None. Sources Air Quality, Greenhouse Gas, and Energy Impact Analysis, Prepared by EPD Solutions, 2022 (Appendix A) Page 175 INITIAL STUDY City of Tustin 5.7. GEOLOGY AND SOILS Would the Project: Potentiall Less Than Less No y Significant Than Impact Significa with Significa nt Impact Mitigation nt Impact Incorporate d a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ❑ ❑ ❑ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? ii) Strong seismic ground shaking? ❑ ❑ ® ❑ iii) Seismic-related ground failure, including ❑ ❑ ® ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the ❑ ❑ ® ❑ loss of topsoil? c) Be located on a geologic unit or soil that ❑ ❑ ® ❑ is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined ❑ ❑ ® ❑ in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Page 176 INITIAL STUDY City of Tustin e) Have soils incapable of adequately ❑ ❑ ❑ supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique ❑ ® ❑ ❑ paleontological resource or site or unique geologic feature? a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? No Impact. The Project site is not located within a designated Alquist-Priolo Earthquake Fault Zone and no faults were identified on the site (GeoTek 2021). The closest known active fault is associated with the Newport-Inglewood fault zone located approximately 10 miles to the southwest of the Project site. Therefore, the Project would not directly or indirectly cause potential risk of loss, injury, or death involving the rupture of a known earthquake fault. No impact would occur. ii. Strong seismic ground shaking? Less than Significant Impact. The Project site is located within a seismically active region of Southern California. As mentioned previously, the Newport-Inglewood fault zone is located 10 miles from the site (GeoTek 2021). Thus, moderate to strong ground shaking can be expected at the site. The amount of motion expected at the Project site can vary from none to forceful depending upon the distance to the fault and the magnitude of the earthquake. Greater movement can be expected at sites located closer to an earthquake epicenter, that consists of poorly consolidated material such as alluvium, and in response to an earthquake of great magnitude. Structures built in the City are required to be built in compliance with the California Building Code (CBC) (California Code of Regulations, Title 24, Part 2) that provides provisions for earthquake safety based on factors including building occupancy type, the types of soils onsite, and the probable strength of ground motion. Compliance with the CBC would require the incorporation of 1) seismic safety features to minimize the potential for significant effects as a result of earthquakes; 2) proper building footings and foundations; and 3) construction of the building structure so that it would withstand the effects of strong ground shaking. Implementation of CBC standards would be verified by the City during the plan check and permitting process. Because the proposed Project would be constructed in compliance with the CBC, the proposed Project would result in a less than significant impact related to strong seismic ground shaking. iii. Seismic-related ground failure, including liquefaction? Page 177 INITIAL STUDY City of Tustin Less than Significant Impact. Soil liquefaction is a phenomenon in which saturated, cohesionless soils layers, located within approximately 50 feet of the ground surface, lose strength due to cyclic pore water pressure generation from seismic shaking or other large cyclic loading. During the loss of stress, the soil acquires "mobility" sufficient to permit both horizontal and vertical movements. Soil properties and soil conditions such as type, age, texture, color, and consistency, along with historical depths to ground water are used to identify, characterize, and correlate liquefaction susceptible soils. According to the Geotechnical and Infiltration Investigation, the Project site is not susceptible to liquefaction during a seismic event (GeoTek 2021). Furthermore, groundwater was not encountered to the maximum depth of 27 feet drilled during site exploration. As a result, the potential for liquefaction to occur beneath the site is considered very low (GeoTek 2021). In addition, the proposed Project would be required to be constructed in compliance with the CBC and the City's Municipal Code, included as PPP GEO-1, which would be verified through the City's plan check and permitting process. With compliance with existing regulations, impacts related to seismically related ground failure and liquefaction would be less than significant. iv. Landslides? No Impact. Landslides and other slope failures are secondary seismic effects that occur during or soon after earthquakes. Areas that are most susceptible to earthquakes induced landslides are steep slopes underlain by loose, weak soils, and areas on or adjacent to existing landslide deposits. According to the Geotechnical and Infiltration Investigation, the site slopes gently downward to the north towards Irvine Boulevard with less than five feet of elevation differential across the property. Due to the general flat terrain, the potential for seismic induced landslides is considered low (GeoTek 2021). Therefore, the Project would not cause potential substantial adverse effects related to seismically induced landslides. b. Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Construction of the Project has the potential to contribute to soil erosion and the loss of topsoil. Grading and excavation activities that would be required for the proposed Project would expose and loosen topsoil, which could be eroded by wind or water. Project construction would be required to comply with the California Regional Water Quality Control Board (RWQCB) Order No. R8-2010-0033, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS618033 — Construction General Permit requirements. Requirements include installation of Best Management Practices (BMPs), which establishes minimum stormwater management requirements and controls. To reduce the potential for soil erosion and the loss of topsoil, a Stormwater Pollution Prevention Plan (SWPPP) is required by the RWQCB regulations to be developed by a QSD (Qualified SWPPP Developer), which would be implemented by PPP WQ-1. The SWPPP is required to address site-specific conditions related to specific grading and construction activities. The SWPPP would identify potential sources of erosion and sedimentation to prevent loss of topsoil during construction, and to identify erosion control Page J 78 INITIAL STUDY City of Tustin BMPs to reduce or eliminate the erosion and loss of topsoil, such as use of silt fencing, fiber rolls, or gravel bags; stabilized construction entrances/exits; hydroseeding, and similar measures. In addition to RWQCB requirements, the Project would need to comply with the City of Tustin Grading Manual procedures. With compliance with stormwater management requirements, RWQCB SWPPP requirements, and installation of BMPs, which would be implemented by the City's Project review by the Department of Public Works, construction impacts related to erosion and loss of topsoil would be less than significant. c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? Less than Significant Impact. Landslides and other forms of mass wasting, including mud flows, debris flows, and soil slips, occur as soil moves downslope under the influence of gravity. Landslides are frequently triggered by intense rainfall or seismic shaking. As described in Response a) iv., the Project site is located in a relatively flat developed urban area that does not contain or adjacent to large slopes, and the Project would not generate large slopes. Therefore, impacts related to landslides would not occur. Lateral spreading is a type of liquefaction-induced ground failure associated with the lateral displacement of surficial blocks of sediment resulting from liquefaction in a subsurface layer. Once liquefaction transforms the subsurface layer into a fluid mass, gravity plus the earthquake inertial forces may cause the mass to move downslope towards a free face (such as a river channel or an embankment). Lateral spreading may cause large horizontal displacements and such movement typically damages pipelines, utilities, bridges, and structures. According to the Geotechnical Investigation, the Project site is not within a liquefaction zone, and high groundwater is not located at the Project site. Therefore, the site has a low potential for lateral spreading. In addition, site soils settlement would be reduced with implementation of the excavation and recompaction of the upper two feet of onsite soils as proposed by the project and compliance with the CBC. Thus, impacts related to lateral spreading would be less than significant. Subsidence is a general lowering of the ground surface over a large area that is generally attributed to lowering of the ground water levels within a groundwater basin. Localized or focal subsidence or settlement of the ground can occur as a result of an earthquake motion in an area where groundwater in basin is lowered. As described previously, groundwater was not encountered to the maximum depth of 27 feet drilled during site exploration (GeoTek 2021). In addition, the Project would not involve groundwater pumping from the Project area. Thus, impacts related to subsidence would not occur from implementation of the Project. Also, as described in Response a) iii., the Project site is not within a potential liquefaction area as groundwater is not located within 27 feet of the ground surface. Construction would include removal and re-compaction of onsite soils in compliance with the CBC which would also reduce any potential of liquefaction, settlement, and subsidence. Therefore, impacts would be less than significant. As described previously, the Project would be required to be constructed in compliance with the CBC and the City's Municipal Code, which would be verified through the City's plan check and permitting process. Thus, Page 179 INITIAL STUDY City of Tustin potential impacts related to liquefaction, settlement, and subsidence would be less than significant. d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impacts. Expansive soils contain certain types of clay minerals that shrink or swell as the moisture content changes; the shrinking or swelling can shift, crack, or break structures built on such soils. Arid or semiarid areas with seasonal changes of soil moisture experience, such as southern California, have a higher potential of expansive soils than areas with higher rainfall and more constant soil moisture. The Geotechnical and Infiltration Investigation determined that the site soils are anticipated to have a "low" expansion potential based on soils testing. In addition, as described in the previous responses, the Project would be required to be constructed in compliance with the CBC and the City's Municipal Code, that requires appropriate back fill, compaction of soils, and foundation design to ensure stable soils, which would be verified through the City's plan check and permitting process. Thus, impacts related to expansive soils would be less than significant. e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. No septic tanks or alternative wastewater disposal systems are proposed as part of the Project. The Project would install onsite sewers that would connect to the existing infrastructure that is adjacent to the site. Therefore, no impacts related to the use of such facilities would occur from implementation of the Project. f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant with Mitigation. Paleontological resources, or fossils, are the remains of ancient plants and animals that can provide scientifically significant information about the history of life on Earth. Paleontological "sensitivity" is defined as the potential for a geologic unit to produce scientifically significant fossils. This sensitivity is determined by rock type, past history of the rock unit in producing significant fossils, and fossil localities that are recorded from that unit. Paleontological sensitivity is assigned based on fossil data collected from the entire geologic unit, not just a specific site. The geologic units underlying the Project site are mapped as Holocene and late Pleistocene young alluvial fan deposits mostly consisting of unconsolidated, alluvial silty sands. Holocene alluvium is generally considered to be geologically too young to contain significant paleontological resources and is thus typically assigned a low paleontological sensitivity. However, Pleistocene alluvial and alluvial fan deposits are considered to have a higher paleontological resource sensitivity. The Paleontological Resources Assessment (included as Appendix E) prepared for the Project included a locality and records search performed by the OC Parks Division of Orange County. The records search indicates that no fossil localities were identified within the Project boundaries or near the Project site. The closest-known fossil localities are located within five miles southeast of the Project, consisting of Pleistocene-aged marine Page 180 INITIAL STUDY City of Tustin invertebrate fossils and fish remains. As described previously, the Project site has been disturbed from previous development activities which reduces the potential of existing resources onsite. However, Project grading and construction activities has the potential to encroach into native soils that have not been previously disturbed and could contain paleontological resources. Therefore, Mitigation Measure PAL-1 has been included to provide procedures to be followed in the unlikely event that potential paleontological resources are discovered during grading or excavation activities. Mitigation Measure PAL-1 requires that work shall cease within 50 feet of a find until a qualified paleontologist has evaluated the find in accordance with federal and state regulations. Mitigation Measure PAL-1 would reduce potential impacts to undiscovered paleontological resources to a less than significant level. Existing Plans, Policies, or Programs PPP GEO-1: California Building Code. The project is required to comply with the California Building Code as included in the City's Municipal Code Article 8, Chapter 1, Section 8100 to preclude significant adverse effects associated with seismic hazards. California Building Code related and geologist and/or civil engineer specifications for the project are required to be incorporated into grading plans and specifications as a condition of project approval. Mitigation Measures Mitigation Measure PAL-1: Paleontological Resources. Prior to issuance of a grading permit, the City of Tustin Building Division shall verify that all Project grading and construction plans and specifications state that in the event that potential paleontological resources are discovered during earth disturbance activities, the discovery shall be cordoned off with a 100-foot radius buffer so as to protect the discovery from further potential damage until a qualified paleontologist (i.e., a practicing paleontologist that is recognized in the paleontological community and is proficient in vertebrate paleontology) from the City or County List of Qualified Paleontologists has evaluated the find in accordance with federal and state regulations. Construction personnel shall not collect or move any paleontological materials and associated materials. If the discovery is determined to be significant by the paleontologist, a Paleontological Resources Impact Mitigation Plan (PRIMP) shall be implemented, which will include notification of appropriate personnel involved and monitoring of earth disturbance activities: 1. Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontological monitor. Monitoring will be conducted full-time in areas of grading or excavation in undisturbed sedimentary deposits. 2. Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined on exposure and examination by qualified paleontological personnel to have low potential to contain Page 181 INITIAL STUDY City of Tustin fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery. 3. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils are collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected. Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place. On mass grading projects, discovered fossil sites are protected by flagging to prevent them from being overrun by earthmovers (scrapers) before salvage begins. Fossils are collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor's construction equipment may be solicited to help remove the jacket to a safe location. 4. Isolated fossils are collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place. 5. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to several five-gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. If present, as many as 20 to 40 five gallon buckets of sediment can be collected and returned to a separate facility to wet screen the sediment. 6. In accordance with the "Microfossil Salvage" section of the Society of Vertebrate Paleontology guidelines (2010:7), bulk sampling and screening of fine-grained sedimentary deposits (including carbonate-rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil "microvertebrates" to Paleontological Assessment for the 17802 Irvine Boulevard Project test the feasibility of the deposit to yield fossil bones and teeth. 7. In the laboratory, individual fossils are cleaned of extraneous matrix, any breaks are repaired, and the specimen, if needed, is stabilized by soaking in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72). 8. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time-consuming than for accumulations of invertebrate fossils. 9. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the former Cooper Center facility of OC Parks) shall be Page 182 INITIAL STUDY City of Tustin conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency (e.g., the City of Tustin) will be consulted on the repository/museum to receive the fossil material. 10.A final report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. Sources Geotechnical and Infiltration Evaluation, prepared by GeoTek, Inc., 2021 . (GeoTek 2021) (Appendix D). Paleontological Resources Assessment, prepared by Brian F. Smith and Associates, Inc., 2022. (BFSA 2022) (Appendix E). Page 183 INITIAL STUDY City of Tustin 5.8. GREENHOUSE GAS EMISSIONS Would the Project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporated a) Generate greenhouse gas ❑ ❑ ® ❑ emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, ❑ ❑ ® ❑ policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? GHG Thresholds The City of Tustin has not adopted a numerical significance threshold to evaluate greenhouse gas (GHG) impacts. SCAQMD does not have approved thresholds; however, it does have draft thresholds that provides a tiered approach to evaluate GHG impacts, which includes the following: Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption under CEQA. Tier 2 consists of determining whether the project is consistent with a GHG reduction plan. If a project is consistent with a qualifying local GHG reduction plan, it does not have significant GHG emissions. Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with all projects within its jurisdiction. A project's construction emissions are averaged over 30 years and are added to the project's operational emissions. If a project's emissions are below one of the following screening thresholds, then the project is less than significant: • Residential and Commercial land use: 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year • Industrial land use: 10,000 MTCO2e per year • Based on land use type: residential: 3,500 MTCO2e per year; commercial: 1,400 MTCO2e per year; or mixed use: 3,000 MTCO2e per year The SCAQMD's draft threshold uses the Executive Order S-3-05 year 2050 goal as the basis for the Tier 3 screening level. Achieving the Executive Order's objective would contribute to worldwide efforts to cap CO2 concentrations at 450 parts per million (ppm), thus stabilizing global climate. Therefore, for purposes of examining potential GHG impacts from implementation of the proposed Project, and to provide a conservative analysis of potential impacts, the Tier 3 screening level for all land use projects of 3,000 Page 184 INITIAL STUDY City of Tustin MTCO2e was selected as the significance threshold (EPD 2022). In addition, SCAQMD methodology for project construction emissions are to average them over 30-years and then add them to the project's operational emissions to determine if the project would exceed the screening values listed above (EPD 2022). a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less than Significant Impact. Construction activities produce GHG emissions from various sources, such as site excavation, grading, utility engines, heavy-duty construction vehicles onsite, equipment hauling materials to and from the site, asphalt paving, and motor vehicles transporting the construction crew. In addition, operation of the proposed residences would result in area and indirect sources of operational GHG emissions that would primarily result from vehicle trips, electricity and natural gas consumption, water transport (the energy used to pump water), and solid waste generation. GHG emissions from electricity consumed by the residences would be generated off-site by fuel combustion at the electricity provider. GHG emissions from water transport are also indirect emissions resulting from the energy required to transport water from its source. The estimated operational GHG emissions that would be generated from implementation of the proposed Project were determined using the California Emissions Estimator Model (CaIEEMod Version 2022.1) as detailed in Appendix A and shown in Table 5-9. Additionally, in accordance with SCAQMD recommendation, the Project's amortized construction related GHG emissions are added to the operational emissions estimate in order to determine the project's total annual GHG emissions. Table 5-9: Net Greenhouse Gas Emissions Annual GHG Emissions Activity (MTCOze) Project Operational Emissions Mobile 396 Area 10 Energy 86 Water 4 Waste 3 Total Project Gross Operation Emissions 499 Project Construction Emissions 14 Page 185 INITIAL STUDY City of Tustin Total Emissions 513 Existing Emissions 693 Net Emissions -180 Significance Threshold 3,000 Threshold Exceeded? No Source:Air Quality, Greenhouse Gas,and Energy Impact Analysis(Appendix A) As shown on Table 5-9, the Project's net GHG emissions are -180 MTCO2e per year, below the existing operation and below the screening threshold of 3,000 MTCO2e per year. Therefore, impacts related to greenhouse gas emissions would be less than significant. b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. The Project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. As described in the previous response, the Project would not exceed thresholds related to GHG emissions. In addition, the Project would comply with regulations imposed by the state and the SCAQMD that reduce GHG emissions, as described below: • Global Warming Solutions Act of 2006 (AB 32) is applicable to the Project because many of the GHG reduction measures outlined in AB 32 (e.g., low carbon fuel standard, advanced clean car standards, and cap-and-trade) have been adopted over the last 5 years and implementation activities are ongoing. The proposed residences would not conflict with fuel and car standards or cap-and-trade. • Title 24 California Code of Regulations (Title 24) establishes energy efficiency requirements for new construction that address the energy efficiency of new (and altered) buildings. The Project is required to comply with Title 24, which would be verified by the City during the plan check and permitting process. • Title 17 California Code of Regulations (Low Carbon Fuel Standard [LCFS]) requires carbon content of fuel sold in California to be 10 percent less by 2020. Because the LCFS applies to any transportation fuel that is sold or supplied in California, all vehicle trips generated by the Project would comply with LCFS. • California Water Conservation in Landscaping Act of 2006 (AB 1881) provides requirements to ensure water efficient landscapes in new development and reduced water waste in existing landscapes. The Project is required to comply with AB 1881 landscaping requirements, which would be verified by the City during the plan check and permitting process. • Emissions from vehicles, which area main source of operational GHG emissions, would be reduced through implementation of federal and state fuel and air quality emissions requirements that are implemented by CARB. In addition, as described in Page 186 INITIAL STUDY City of Tustin the previous response, the Project would not result in an exceedance of an air quality standard. The City currently does not have an adopted Climate Action Plan to reduce GHG emissions, and as described in the previous response, emissions would not exceed the thresholds. Therefore, implementation of the Project would not conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Existing Plans, Programs, or Policies None. Mitigation Measures None. Sources Air Quality, Greenhouse Gas, and Energy Impact Analysis, Prepared by EPD Solutions, 2022 (Appendix A) Page 187 INITIAL STUDY City of Tustin 5.9. HAZARDS AND HAZARDOUS MATERIALS Would the Project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporated a) Create a significant hazard to ❑ ❑ ® ❑ the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to ❑ ❑ ® ❑ the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or ❑ ❑ ® ❑ handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is ❑ ❑ ® ❑ included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an ❑ ❑ ❑ airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Page 188 INITIAL STUDY City of Tustin f) Impair implementation of or ❑ ❑ ® ❑ physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, ❑ ❑ ❑ either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less than Significant Impact. A hazardous material is defined as any material that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes, and any material that a business or the local implementing agency has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. Hazardous wastes require special handling and disposal because of their potential to damage public health and the environment. Construction The proposed construction activities would involve the transport, use, and disposal of hazardous materials such as paints, solvents, oils, grease, and caulking. In addition, hazardous materials would be needed for fueling and servicing construction equipment on the site. These types of materials are not acutely hazardous, and all storage, handling, use, and disposal of these materials are regulated by federal and state requirements that are implemented by the City during building permitting for construction activities. These regulations include: the federal Occupational Safety and Health Act and Hazardous Materials Transportation Act; Title 8 of the California Code of Regulations (CaIOSHA), and the state Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. As a result, routine transport and use of hazardous materials during construction would be less than significant. Operation The Project involves operation of 40 new residential units, which involve routinely using hazardous materials including solvents, cleaning agents, paints, pesticides, batteries, fertilizers, and aerosol cans. These types of materials are not acutely hazardous and would only be used and stored in limited quantities. The normal routine use of these hazardous materials products pursuant to existing regulations would not result in a significant hazard to people or the environment in the vicinity of the Project. Therefore, operation of the Project would not result in a significant hazard to the public or to the environment through the routine transport, use, or disposal of hazardous waste, and impacts would be less than significant. Page 189 INITIAL STUDY City of Tustin b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. Construction Accidental Releases. While the routine use, storage, transport, and disposal of hazardous materials in accordance with applicable regulations during construction activities would not pose health risks or result in significant impacts; improper use, storage, transportation and disposal of hazardous materials and wastes could result in accidental spills or releases, posing health risks to workers, the public, and the environment. To avoid an impact related to an accidental release, the use of BMPs during construction are implemented as part of a SWPPP as required by the National Pollution Discharge Elimination System General Construction Permit (and included as PPP WQ- 1). Implementation of an SWPPP would minimize potential adverse effects to workers, the public, and the environment. Construction contract specifications would include strict on-site handling rules and BMPs that include, but are not limited to: • Establishing a dedicated area for fuel storage and refueling and construction dewatering activities that includes secondary containment protection measures and spill control supplies; • Following manufacturers' recommendations on the use, storage, and disposal of chemical products used in construction; • Avoiding overtopping construction equipment fuel tanks; • Properly containing and removing grease and oils during routine maintenance of equipment; and • Properly disposing of discarded containers of fuels and other chemicals. Asbestos. Asbestos is a naturally occurring fibrous material that was used as a fireproofing and insulating agent in building construction before such uses were banned by the United Stated Environmental Protection Agency (USEPA). The presence of asbestos can be found in materials such as ducting insulation, wallboard, shingles, ceiling tiles, floor tiles, insulation, plaster, floor backing, and many other building materials. Asbestos and asbestos-containing materials (ACMs) are both a hazardous air pollutant and a human health hazard. The risk to human health is from inhalation of airborne asbestos, which commonly occurs when ACMs are disturbed during such activities as demolition and renovation. The Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1926.1101 requires certain construction materials to be presumed to contain asbestos, for purposes of this regulation. All thermal system insulation, surfacing material, and asphalt/vinyl flooring that are present in a building constructed prior to 1981 and have not been appropriately tested are "presumed asbestos-containing material". The buildings within the Project site were constructed prior to 1981 when ACMs were commonly used and the Phase I ESA identified suspected asbestos containing material Page 190 INITIAL STUDY City of Tustin in the existing structure on the site. As a result, asbestos abatement contractors must follow state regulations contained in California Code of Regulations Sections 1529, and 341.6 through 341.14 as implemented by SCAQMD Rule 1403 to ensure that asbestos removed during demolition of the existing buildings is done appropriately and transported and disposed of at an appropriate facility. The contractor and hauler of the material is required to file a Hazardous Waste Manifest which details the hauling of the material from the site and the disposal of it. Section 19827.5 of the California Health and Safety Code requires that local agencies not issue demolition permit until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos. These requirements are included as PPP HAZ-1 to ensure that the Project applicant submits verification to the City that the appropriate activities related to asbestos have occurred, which would reduce the potential of impacts related to asbestos to a less than significant level. Lead. Lead-based materials may also be located within existing structures on the Project site. The lead exposure guidelines provided by the U.S. Department of Housing and Urban Development provide regulations related to the handling and disposal of lead- based products. Federal regulations to manage and control exposure to lead-based paint are described in Code of Federal Regulations Title 29, Section 1926.62, and state regulations related to lead are provided in the California Code of Regulations Title 8 Section 1532.1, as implemented by Cal-OSHA. These regulations cover the demolition, removal, cleanup, transportation, storage and disposal of lead-containing material. The regulations outline the permissible exposure limit, protective measures, monitoring and compliance to ensure the safety of construction workers exposed to lead-based materials. Cal/OSHA's Lead in Construction Standard requires Project applicants to develop and implement a lead compliance plan when lead-based paint would be disturbed during construction or demolition activities. The plan must describe activities that could emit lead, methods for complying with the standard, safe work practices, and a plan to protect workers from exposure to lead during construction activities. In addition, Cal/OSHA requires 24-hour notification if more than 100 square feet of lead-based paint would be disturbed. These requirements are included as PPP HAZ-2 to ensure that the Project applicant submits verification to the City that the appropriate activities related to lead have occurred, which would reduce the potential of impacts related to lead-based materials to a less than significant level. Operation As described previously, operation of the proposed 40 residential units includes use of limited hazardous materials, such as solvents, cleaning agents, paints, pesticides, batteries, fertilizers, and aerosol cans. Normal routine use of typical residential products pursuant to existing regulations would not result in a significant hazard to the environment, residents, or workers in the vicinity of the Project. As a result, operation of the proposed Project would not create a reasonably foreseeable upset and accident condition involving the release of hazardous materials into the environment, and impacts would be less than significant. C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Page 191 INITIAL STUDY City of Tustin Less than Significant Impact. The Columbus Tustin Middle School is located approximately 544 feet north of the Project site. In addition, the Helen Estock Elementary School is located approximately 0.26-mile northwest of the site and the Tustin Connect K-8 School is located approximately 0.30-mile northwest of the site. However, as described previously, construction and operation of the Project would involve the use, storage, and disposal of small amounts of hazardous materials on the Project site. These hazardous materials would be limited and used and disposed of in compliance with federal, state, and local regulations, which would reduce the potential for accidental release into the environment near a school. The emissions that would be generated from construction and operation of the Project were evaluated in the air quality analysis discussed above, and the emissions generated from the Project would not cause or contribute to an exceedance of the federal or state air quality standards. Thus, the Project would not emit hazardous or handle acutely hazardous materials, substances, or waste near a school, and impacts would be less than significant. d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less than Significant Impact. According to the Phase I Environmental Site Assessment, which included a database search of local, regional, state, and federal databases related to hazardous materials, the Project site is identified in the HAZNET and Hazardous Waste Tracking System (HWTS) databases (Phase 12021). The site is identified in the HAZNET database for generating state-regulated wastes including "metal sludge (Alkaline solution (pH >= 12.5) with metals)" that were manifested for off-site disposal in 1995 (Phase 1 2021). The wastes were disposed through recycling. Based on the lack of violations and/or listing in other databases indicating a release, these listings are not expected to have created an environmental concern at the Project site. Therefore, the listing would not create a significant hazard to the public or the environment and impacts would be less than significant. e. For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The Project site is not located within two miles of an airport. The closest airport is the John Wayne Airport, which is approximately 5 miles southeast of the Project site. The Project site is not located within any land use compatibility zone for the nearest airport, nor is it within an airport safety zone. Therefore, the Project would not result in a safety hazard for people residing or working in the Project areas, and no impacts would occur. f. Impair implementation of an adopted emergency response plan or emergency evacuation plan? Less than Significant Impact. Construction Page 192 INITIAL STUDY City of Tustin The proposed construction activities, including equipment and supply staging and storage, would occur within the Project site and would not restrict access of emergency vehicles to the Project site or adjacent areas. During construction of the Project driveway, Irvine Boulevard would remain open to ensure adequate emergency access to the Project area and vicinity. Impacts related to interference with an adopted emergency response or evacuation plan during construction activities would be less than significant. Operation Operation of the proposed Project would not result in a physical interference with an emergency response evacuation. Direct access to the Project site would be provided from Irvine Boulevard, which is a 6-lane arterial roadway that is adjacent to the Project site. The Project is also required to design and construct internal access and provide fire suppression facilities (e.g., hydrants and sprinklers) in conformance with the City Municipal Code and the Fire Department prior to approval to ensure adequate emergency access pursuant to the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9) and the Fire Code included per Municipal Code Chapter 93.01. As a result, the proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and impacts would be less than significant. g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. According to the California Fire Hazard Severity Zones mapping, the Project site is not within or adjacent to a Very High Fire Hazard zone. The Project site is located within an urbanized and redevelopment of the site with residential uses would not result in impacts related to the exposure of people or structures to loss, injury, or death involving wildland fires. Therefore, no impact would occur. Existing Plans, Programs, or Policies PPP HAZ-1: SCAQMD Rule 1403, Asbestos. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos is found, the Project applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. PPP HAZ-2: Lead Based Paint. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead- based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. Cal-OSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Mitigation Measures Page 193 INITIAL STUDY City of Tustin No mitigation measures related to hazards and hazardous materials are required. Sources Phase I Environmental Site Assessment, prepared by Partner Engineering and Science, Inc. (Phase 1 2021) (Appendix F). California Department of Forestry and Fire Protection. 2022. California Fire Hazard Severity Zones (FHSZ). Available: https-//osfm.fire.ca.gov/divisions/community-wildfire- preparedness-and-m itigation/wiIdland-hazards-building-codes/fire-hazard-severity- zones-maps/ Page 194 INITIAL STUDY City of Tustin 5.10. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporated a) Violate any water quality ❑ ❑ ® ❑ standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease ❑ ❑ ® ❑ groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the ❑ ❑ ® ❑ existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in a substantial ❑ ❑ ® ❑ erosion or siltation on- or off- site; ii) substantially increase ❑ ❑ ® ❑ the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute ❑ ❑ ® ❑ runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Page 195 INITIAL STUDY City of Tustin iv) impede or redirect flood ❑ ❑ ® ❑ flows? d) In flood hazard, tsunami, or ❑ ❑ ❑ seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct ❑ ❑ ® ❑ implementation of a water quality control plan or sustainable groundwater management plan? a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less than Significant Impact. Construction. Construction of the Project would require grading and excavation of soils, which would loosen sediment, and then have the potential to mix with surface water runoff and degrade water quality. Additionally, construction would require the use of heavy equipment and construction-related chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents and paints. These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and, if mixed with surface water runoff, could wash into and pollute waters. These types of water quality impacts during construction of the Project would be prevented through implementation of a SWPPP. Construction of the Project would disturb more than one acre of soil; therefore, the proposed Project would be required to obtain coverage under the NPDES General Permit for Discharges of Storm Water Associated with Construction Activity. Construction activity subject to this permit includes clearing, grading, and ground disturbances such as trenching, stockpiling, or excavation. The Construction General Permit requires implementation of a SWPPP that is required to identify all potential sources of pollution that are reasonably expected to affect the quality of storm water discharges from the construction site. The SWPPP would generally contain a site map showing the construction perimeter, proposed buildings, stormwater collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. The SWPPP would also include construction BMPs. Adherence to the existing requirements and implementation of the appropriate BMPs, as ensured through the City's plan check and permitting process, are included as PPP WQ- 1, which would ensure that the Project would not violate any water quality standards or waste discharge requirements, potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant. Page 196 INITIAL STUDY City of Tustin Operation. The proposed Project includes operation of residential uses. Potential pollutants associated with the proposed uses include various chemicals from cleaners, pathogens from pet wastes, nutrients from fertilizer, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles. If these pollutants discharge into surface waters, it could result in degradation of water quality. However, operation of the proposed Project would be required to comply with the requirements of the Orange County Drainage Area Management Plan (DAMP) and the intent of the non-point source NPDES Permit for Waste Discharge Requirements for the County of Orange, Orange County Flood Control District and the incorporated Cities of Orange County within the Santa Ana Region (included as PPP WQ-2). The DAMP regulations are included in the City's Municipal Code in Section 4902 and are the implementation method for NPDES Stormwater Permit compliance. The DAMP: • Provides the framework for the program management activities and plan development; • Provides the legal authority for prohibiting unpermitted discharges into the storm drain system and for requiring BMPs in new development and significant redevelopment; • Ensures that all new development and significant redevelopment incorporates appropriate Site Design, Source Control, and Treatment Control BMPs to address specific water quality issues; and • Ensures that construction sites implement control practices that address construction related pollutants including erosion and sediment control and onsite hazardous materials and waste management. The DAMP requires that new development and significant redevelopment projects develop and implement a water quality management plan (WQMP) that includes BMPs and low impact development (LID) design features that would provide onsite treatment of stormwater to prevent pollutants from onsite uses from leaving the site. A Preliminary WQMP has been developed (included as Appendix G) per these requirements and recommends various BMPs to be incorporated into the Project. The WQMP is required to be approved prior to the issuance of a building or grading permit. As described previously, the WQMP is required to be approved prior to the issuance of a building or grading permit. The Project's WQMP would be reviewed and approved by the City to ensure it complies with the MS4 Permit regulations. In addition, the City's permitting process would ensure that all BMPs in the WQMP would be implemented with the Project. Overall, implementation of the WQMP pursuant to the existing regulations (included as PPP WQ-2) would ensure that operation of the proposed Project would not violate any water quality standards, waste discharge requirements, or otherwise degrade water quality; and impacts would be less than significant. b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than Significant Impact. The City's Urban Water Management Plan (UWMP) describes that in 2020, the City's water supply was made up of 96 percent groundwater and 4 percent imported water (purchased from the Municipal Water District of Orange Page 197 INITIAL STUDY City of Tustin County [MWDOC] and East Orange County Water District [EOCWD]). The groundwater is managed by the Orange County Water District (OCWD). The OCWD manages basin water supply through the Basin Production Percentage (BPP), which is set based on groundwater conditions, availability of imported supplies, and precipitation. As detailed on Table 5-10, the City's UUWMP shows that the anticipated production of groundwater would decrease by 156 acre-feet between 2025 and 2045. It is projected that by 2045, the water supply mix will change to approximately 85 percent groundwater and 15 percent imported water. Table 5-10: UWMP Projected Water Supply (2025-2045) Water Supply Projected Water Supply (af) 2025 2030 2035 2040 2045 Groundwater (OC 8,569 8,604 8,521 8,440 8,413 Basin) Purchased/Imported 1,512 1,518 1,504 1,489 1,485 (MWDOC/EOCWD) Total 10,081 10,122 10,025 9,929 9,898 Source: City of Tustin UWMP 2020 As detailed in Section 5.19, Utilities and Service Systems, the supply of water listed in Table 5-10 would be sufficient during both normal years and multiple dry year conditions between 2025 and 2045 to meet all of the City's estimated needs, including the proposed Project. Therefore, the Project would not result in changes to the projected groundwater pumping that would decrease groundwater supplies. Thus, impacts related to groundwater supplies would be less than significant. The Project site currently consists of 95 percent impervious surfaces (5 percent pervious). After completion of Project construction, the site would be 90 percent impervious and 10 percent pervious (WQMP 2022), which is an increase of 5 percent pervious surface area. The proposed Project would follow a similar drainage pattern as the existing. Existing drainage is split between two drainage areas with catch basins in the north and southwest corners of the Project site. Surface flows would be directed into an area drain system or into onsite curb and gutters which would convey the flow to the underground storm drain system. All flows would be conveyed to an infiltration detention pipe where water would be stored onsite until it can percolate into the ground. This would assist in reduction of groundwater demand and provide infiltration of stormwater. According to the Hydrology Study prepared for the Project (included as Appendix H), the Project would decrease the flow rate to the existing drainage easement in 17772 Irvine Boulevard by 1.43 cubic feet per second (cfs) during the 50-year storm event and by 1.62 cfs during the 100-year storm event. The Project would increase the flow rate to Irvine Boulevard by 1.83 cfs during the 50-year storm even and by 2.08 cfs during the 100-year storm event. However, the site would utilize a detention infiltration system to retain and Page J 98 INITIAL STUDY City of Tustin treat a water quality design capture volume that is larger than the increased flow. The underground detention system would be utilized to store the water quality volume to allow infiltration to recharge the groundwater. Therefore, impacts related to interference with groundwater recharge would be less than significant. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i. result in a substantial erosion or siltation on- or off-site; Less Than Significant Impact. The Project site does not include, and is not adjacent to, a natural stream or river. Implementation of the Project would not alter the course of a stream or river. Construction Construction of the proposed Project would require demolition of the existing building structures, including foundations and floor slabs, and crushing the existing pavement that would expose and loosen building materials and sediment, which has the potential to mix with storm water runoff and result in erosion or siltation offsite. However, the Project site does not include any slopes, which reduces the erosion potential, and the large majority of soil disturbance would be related to excavation and backfill for installation of building foundations and underground utilities. The NPDES Construction General Permit and Orange County DAMP require preparation and implementation of a SWPPP by a Qualified SWPPP Developer for the proposed construction activities (included as PPP WQ-1). The SWPPP is required to address site- specific conditions related to potential sources of sedimentation and erosion and would list the required BMPs that are necessary to reduce or eliminate the potential of erosion or alteration of a drainage pattern during construction activities. In addition, a Qualified SWPPP Practitioner (QSP) is required to ensure compliance with the SWPPP through regular monitoring and visual inspections during construction activities. The SWPPP would be amended and BMPs revised, as determined necessary through field inspections, in order to protect against substantial soil erosion, the loss of topsoil, or alteration of the drainage pattern. Compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a QSP (per PPP WQ-1) would prevent construction related impacts related to potential alteration of a drainage pattern or erosion from development activities. With implementation of the existing construction regulations that would be verified by the City during the permitting approval process, impacts related to alteration of an existing drainage pattern during construction that could result in substantial erosion, siltation, and increases in stormwater runoff would be less than significant. Operation The Project site currently consists of 95 percent impervious surfaces and 5 percent pervious. After completion of Project construction, the site would be 90 percent impervious and 10 percent pervious (WQMP 2022), which is an increase of 5 percent pervious surface area. The impervious areas would not be subject to erosion and the pervious areas would be landscaped with groundcovers that would inhibit erosion. The Page 199 INITIAL STUDY City of Tustin proposed Project would follow a similar drainage pattern as the existing and is split between two drainage areas with catch basins in the north and southwest corners of the Project site. Surface flows would be directed into an area drain system or into onsite curb and gutters which would convey the flow to the underground storm drain system. All flows would be conveyed to an infiltration detention pipe where water would be stored onsite until it can percolate into the ground. During a major storm event when the detention pipe fills to capacity, the stormwater would be directed to match the existing flow pattern. To relieve overflow resulting from severe storm events, two emergency overflow locations are proposed. One is a culvert on Irvine Boulevard to the north and the other is a grate inlet of the existing parking lot gutter in 17772 Irvine Boulevard. As discussed previously, the Project would increase the flow rate to Irvine Boulevard by 1.83 cfs during the 50-year storm even and by 2.08 cfs during the 100-year storm event. However, the installation of onsite landscaping, detention infiltration system, and catch basins would be designed to accommodate the increased flow volume. Additionally, the MS4 permit and DAMP require new development projects to prepare a WQMP (included as PPP WQ-2) that is required to include BMPs to reduce the potential of erosion and/or sedimentation through site design and structural treatment control BMPs. The Preliminary WQMP has been completed and is included as Appendix G. As part of the permitting approval process, the proposed drainage and water quality design and engineering plans would be reviewed by the City's Engineering Division to ensure that the site-specific design limits the potential for erosion and siltation. Overall, the proposed drainage system and adherence to the existing regulations would ensure that Project impacts related to alteration of a drainage pattern and erosion/siltation from operational activities would be less than significant. ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; Less Than Significant Impact. The Project site does not include, and is not adjacent to, a natural stream or river. Implementation of the Project would not alter the course of a stream or river. Construction Construction of the proposed Project would require demolition of the existing building structures, including foundations, floor slabs, and utilities systems, and crushing the existing pavement. These activities could temporarily alter the existing drainage pattern of the site and change runoff flow rates. However, as described previously, implementation of the Project requires a SWPPP (included as PPP WQ-1) that would address site specific drainage issues related to construction of the Project and include BMPs to eliminate the potential of flooding or alteration of a drainage pattern during construction activities. This includes regular monitoring and visual inspections during construction activities. Compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a QSP (per PPP WQ-1) as verified by the City through the construction permitting process would prevent construction-related impacts related to potential alteration of a drainage pattern or flooding on- or offsite from development activities. Therefore, construction impacts would be less than significant. Page 1100 INITIAL STUDY City of Tustin Operation As described previously, the proposed Project would result in a decrease of impervious surfaces. However, the Project would follow a similar drainage pattern as the existing and convey runoff to landscaped areas or into the underground storm drain system. All flows would be conveyed to an infiltration detention pipe where water would be stored onsite until it can percolate into the ground. As discussed previously, the Project would increase the flow rate to Irvine Boulevard by 1.83 cfs during the 50-year storm even and by 2.08 cfs during the 100-year storm event. However, the installation of onsite landscaping, detention infiltration system, and catch basins would be designed to accommodate the increased flow volume. Therefore, an increase in the rate or amount of surface runoff in a manner which would result in flooding on- or offsite would not occur. As part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the City's Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Overall, the proposed drainage system and adherence to the existing MS4 permit and DAMP regulations would ensure that project impacts related to alteration of a drainage pattern or flooding from operational activities would be less than significant. iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or Less Than Significant Impact. As described previously, the Project site does not include, and is not adjacent to, a natural stream or river. Implementation of the Project would not alter the course of a stream or river. Construction As described in the previous response, construction of the proposed Project would require demolition, concrete crushing, and excavation activities that could temporarily alter the existing drainage pattern of the site and could result in increased runoff and polluted runoff if drainage is not properly controlled. However, implementation of the Project requires a SWPPP (included as PPP WQ-1) that would address site-specific pollutant and drainage issues related to construction of the Project and include BMPs to eliminate the potential of polluted runoff and increased runoff during construction activities. This includes regular monitoring and visual inspections during construction activities. Compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a QSP (per PPP WQ-1) as verified by the City through the construction permitting process would prevent construction-related impacts related to increases in run-off and pollution from development activities. Therefore, impacts would be less than significant. Operation As described previously, the proposed Project would result in a decrease of impervious surfaces. The Project would manage stormwater flows with landscaping and catch basins that have been designed to accommodate the stormwater volume pursuant to the MS4 permit and DAMP requirements. All flows would be conveyed to an infiltration detention pipe where water would be stored onsite until it can percolate into the ground. As discussed previously, absent appropriate onsite design features, the Project would Page 1 101 INITIAL STUDY City of Tustin increase the flow rate to Irvine Boulevard by 1.83 cfs during the 50-year storm even and by 2.08 cfs during the 100-year storm event. However, the installation of onsite landscaping, detention infiltration system, and catch basins would be designed to accommodate the increased flow volume. Therefore, an increase in runoff that could exceed the capacity of storm drain systems and provide polluted runoff would not occur. As part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the City's Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Additionally, the City permitting process would ensure that the drainage system specifications adhere to the existing MS4 permit and DAMP regulations, which would ensure that pollutants are removed prior to discharge. Overall, with compliance to the existing regulations as verified by the City's permitting process, Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant. iv. impede or redirect flood flows? Less Than Significant Impact. According to the Federal Emergency Management Agency (FEMA) Map 06059CO277J, the Project site is within Flood Zone X, or the 0.2 percent annual change flood area, areas of one percent annual chance flood with average depth less than one foot or with drainage areas of less than one square mile (FEMA 2022). The site is not within a special flood hazard area. As detailed in the previous responses, implementation of the Project would result in a 5 percent decrease of impermeable surfaces on the site. The Project would maintain the existing drainage pattern; and drainage would be accommodated by onsite landscaping and catch basins that have been sized to accommodate the DAMP required design storm. Therefore, the Project would not result in impeding or redirecting flood flows by the addition of the impervious surfaces. As detailed previously, the City's permitting process would ensure that the drainage system specifications adhere to the existing MS4 permit and DAMP regulations, and compliance with existing regulations would ensure that impacts would be less than significant. v. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact. According to the Federal Emergency Management Agency (FEMA) Map 06059CO277J, the Project site is within Flood Zone X, or the 0.2 percent annual change flood area, areas of one percent annual chance flood with average depth less than one foot or with drainage areas of less than one square mile (FEMA 2022). The site is not within a special flood hazard area. A seiche is a surface wave created when an inland body of water is shaken, usually by earthquake activity. The site also is not subject to flooding hazards associated with a seiche because there are no large body of surface water located near the project site to result in effects related to a seiche, which could result in release in pollutants due to inundation of the site. The Pacific Ocean is located over 12 miles southwest of the Project site; consequently, there is no potential for the Project site to be inundated by a tsunami that could release pollutants. In addition, the Project site is flat and not located near any steep hillsides; Page 1102 INITIAL STUDY City of Tustin therefore, there is no potential for the site to be adversely affected by mudflow. Thus, implementation of the proposed Project would not expose people or structures to a significant risk of loss, injury, or death involving inundation by seiche, tsunami, or mudflow that could release pollutants due to inundation of the Project site. No impact would occur. vi. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact. As described previously, use of BMPs during construction implemented as part of a SWPPP as required by the NPDES Construction General Permit and PPP WQ-1 would serve to ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant. Thus, construction of the Project would not conflict or obstruct implementation of a water quality control plan. Also, as described previously, new development projects are required to implement a WQMP (per PPP WQ-2) that would comply with the Orange County DAMP. The WQMP and applicable BMPs are verified as part of the City's permitting approval process, and construction plans would be required to demonstrate compliance with these regulations. Therefore, operation of the proposed Project would not conflict with or obstruct implementation of a water quality control plan. In addition, as detailed previously, the OCWD manages basin water supply through the BPP, such that, the anticipated production of groundwater would remain steady from 2025 through 2045 (as shown in Table 5-10). As described previously and further detailed in Section 5.19, Utilities and Service Systems, the City's supply of water listed in Table 5- 10 would be sufficient during both normal years and multiple dry year conditions between 2025 and 2045 to meet all of the City's estimated needs, including the proposed Project. Therefore, the Project would be consistent with the groundwater management plan and would not conflict with or obstruct its implementation. Thus, impacts related to water quality control plan or sustainable groundwater management plan would be less than significant. Existing Plans, Programs, or Policies PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. PPP WQ-2: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be prepared by the Project applicant and submitted to and approved by the City Public Works Department. The WQMP shall identify all Post-Construction, Site Design. Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development Project in order to minimize the adverse effects on receiving waters. Page 1103 INITIAL STUDY City of Tustin Mitigation Measures None. Sources Arcadis U.S. Inc., 2021. City of Tustin Urban Water Management Plan. Available at https://www.tustinca.org/DocumentCenterNiew/5138/Tustin-2020-UWMP Bittner, Ryan J., 2022. Preliminary Water Quality Management Plan (Appendix G). C&V Consulting, Inc., 2022. Preliminary Hydrology Study (Appendix H). Federal Emergency Management Agency (FEMA 2022). FEMA Flood Map Service Center. Map 06059CO277J. Available at: https://msc.fema.gov/portal/home Page 1104 INITIAL STUDY City of Tustin 5.11. LAND USE AND PLANNING Would the Project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated a) Physically divide an established ❑ ❑ ❑ community? b) Cause a significant environmental ❑ ❑ ® ❑ impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? a. Physically divide an established community? No Impact. The physical division of an established community could occur if a major road were built through an established community or neighborhood, or if a major development was built which was inconsistent with the land uses in the community such that it divided the community. The environmental effects caused by such could include lack of a, or disruption of, access to services, schools, or shopping areas. It could also include the creation of blighted buildings or areas due to the division of the community. The Project site is currently developed with two office buildings and is bound by a roadway followed by a park and school to the north, residential developments to the east and south, and office uses followed by residential development to the west. The proposed Project would redevelop the site to provide 18 duplexes and four single- family residences (40 units total), which are consistent with the existing residential development to the west, east, and south of the site. Therefore, the change of the Project site from office uses to residential uses would not physically divide an established community. In addition, the Project would not change roadways, or install any infrastructure that would result in a physical division. Thus, the proposed Project would not result in impacts related to physical division of an established community, and no impact would result. b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigation an environmental effect? Less Than Significant Impact. As described previously, the Project site is located adjacent to Irvine Boulevard, residential development, park uses, and office uses. The Project would redevelop the site to provide 18 duplexes and four single-family residences (40 units total), which would be similar to the residential uses that are located adjacent to the site. Residential uses are also consistent with the adjacent park and school facilities. Page 1105 INITIAL STUDY City of Tustin General Plan. The Project site currently has a General Plan land use designation of Professional Office. While the Professional Office land use designation primarily allows professional offices and other supporting uses, the proposed Project includes a General Plan Amendment to change the land use designation of the site from Professional Office to High Density Residential. As discussed earlier, the General Plan Land Use Element states that the High-Density Residential designation allows for the development of a wide range of living accommodations including single family units, multi-family dwellings, such as apartments, condominiums, townhomes, cooperatives, and community apartments with a density range of 15-25 dwelling units per acre. As the Project would develop residences in the High-Density Residential designation at a density of 19.3 dwelling units per acre, it would be consistent with the proposed land use designations, and the proposed change in land uses would be less than significant. Zoning. The Project site is currently zoned as Retail Commercial (C-1), and the Project would include a zone change to change the site's zoning from C-1-Retail Commercial to R-3-Multiple Family Residential to allow for the development of the eighteen (18) duplexes (36 units) and four (4) single-family residences. As detailed earlier, in Table 5- 1, the Project would be consistent with the Municipal Code standards for the Multiple- Family (R-3) zone. Thus, the proposed Project would not conflict with any applicable zoning regulations adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant. Existing Plans, Programs, or Policies None. Mitigation Measures None. Sources City of Tustin, 2018. City of Tustin General Plan Land Use Element. Accessed: https://www.tustinca.org/DocumentCenterNiew/713/City-of-Tustin-General-Plan-PDF City of Tustin, 2022. City of Tustin Municipal Code (2022 Update 1). Accessed: https://Iibrary.municode.com/ca/tustin/codes/code of ordinances Page 1106 INITIAL STUDY City of Tustin 5.12. MINERAL RESOURCES Would the Project: Potentially Less Than Less Than No Impact Significant Significant with Significant Impact Mitigation Impact Incorporated a) Result in the loss of availability of ❑ ❑ ❑ a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of ❑ ❑ ❑ a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. According to the California Department of Conservation (CDOC), the Project site is in an area generally classified as Sand and Gravel Resource Area and Portland Cement Concrete Aggregate Resource Area. Although the region is classified for these resources, the Project site is not currently or planned for mineral extraction. Therefore, the Project would result in no impact. b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. The Conservation/Open Space/Recreation Element identifies one mineral resource within the City of Tustin known as Mercury-Barite within Red Hill. However, this resource is not utilized. In addition, the Project site is not located within the mineral resource area and implementation of the Project would not affect the availability of Mercury-Barite. According to the General Plan, no mining operations are currently active within the City limits, and none are being considered. Therefore, the Project would result in no impact to mineral resources. Plans, Policies, and Programs None. Mitigation Measures None. Sources Page 1107 INITIAL STUDY City of Tustin California Department of Conservation (CDOC), 2022. CGS Information Warehouse: Mineral Land Classification. Accessed: https-//maps.conservation.ca.gov/mineralresources Page 1108 INITIAL STUDY City of Tustin 5.13. NOISE Would the Project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporated a) Generation of a substantial ❑ ❑ ® ❑ temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive ground ❑ ❑ ® ❑ borne vibration or ground borne noise levels? c) For a project located within the ❑ ❑ ® ❑ vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The discussion below is based on the Noise Impact Analysis prepared by LSA (Appendix 1). The following noise regulatory setting includes local, state, and federal standards applicable to the Project site. Noise Element of the General Plan The following applicable goals and policies to the proposed project are from the Noise Element of the City's General Plan. • Policy 2.3: Use noise/land use compatibility standards as a guide for future planning and development. • Policy 2.4: Review proposed projects in terms of compatibility with nearby noise- sensitive land uses with the intent of reducing noise impacts. • Policy 2.5: Require new residential developments located in proximity to existing commercial/industrial operations to control residential interior noise levels as a condition of approval. Page 1109 INITIAL STUDY City of Tustin • Policy 3.2: Minimize the impacts of construction noise on adjacent land uses through limiting the permitted hours of activity. Noise Impact Areas The noise environment for the Tustin Planning Area can be described using noise contours developed for the major noise sources within the area. The noise contours are used as a guide for planning. The 60 dB CNEL contour defines the noise impact area. Any proposed new noise sensitive land use (i.e., residential, hospitals, schools and churches) within this area shall be evaluated on a project specific basis to meet City or State (Title 24) standards. An acoustical analysis prepared by a qualified acoustical engineer, should be required in these Noise Impact Areas for all noise sensitive land uses verifying that the structure has been designed or mitigation measures proposed to limit intruding noise to the prescribed allowable levels. Residences next to a number of major and secondary arterials in the Tustin Planning Area are also exposed to a CNEL over 65 dB. These arterials include: Irvine Boulevard among others (Bryan Avenue, Edinger Street, Fairhaven Avenue, Newport Avenue, Red Hill Avenue, Yorba Street, Prospect Avenue, Browning Avenue, 17th Street, EI Camino Real, McFadden Street, Walnut Avenue, and Sycamore Avenue). Land Use Compatibility Table 5-11 provides guidance for the acceptability of certain development projects within specific CNEL contours and will act as a set of criteria for assessing the compatibility of proposed land uses within the noise environment. Additionally, the City has established interior and exterior noise standards for the various land use categories. Residential (single family, multifamily, duplex, and mobile home) land use has an interior noise standard of CNEL 45 dB and exterior CNES 65 dB. A project in an area incompatible with existing noise levels may be approved if is mitigated as necessary to achieve City standards interior and exterior noise standards before issuance of building permits or other appropriate milestones. Table 5-11: Tustin Land Use Compatibility Standards (Table N-2 of General Plan) Land Uses Community Noise Equivalent Level CNEL <55 60 65 70 75 80> Residential — Single Family, Duplex, A A B C C D D Multiple Family Legend: ZONE A: CLEARLY COMPATIBLE Specified land use is satisfactory,based upon the assumption that any buildings involved are of normal conventional construction without any special noise insulation requirements. ZONE B: NORMALLY COMPATIBLE New construction or development should be undertaken only after detailed analysis of the noise reduction requirements are made and needed noise insulation features in the design are determined. Conventional construction,with closed windows and fresh air supply systems or air conditioning,will normally suffice. ZONE C: NORMALLY INCOMPATIBLE New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design ZONE D: CLEARLY INCOMPATIBLE New construction or development should generally not be undertaken. Source: Section City of Tustin,2012. City of Tustin General Plan Noise Element. Page 1110 INITIAL STUDY City of Tustin City of Tustin Municipal Code City of Tustin Municipal Code Section 4613, Designated Noise Zones Article 4, Chapter 6 of the City's Municipal Code establishes the maximum permissible noise level that may intrude into a neighbor's property. The Noise Ordinance establishes noise level standards for various land use categories affected by stationary noise sources. Land use categories in the City are defined by five noise zones, as listed below. Table D provides the City's maximum noise standard based on the noise zone, the location of the noise (exterior/interior), and the time period. Noise Zone 1: All residential properties Noise Zone 2: All commercial properties Noise Zone 3: All industrial properties Noise Zone 4: All special properties such as hospitals, convalescent homes, public and institutional schools, libraries and churches Noise Zone 5: All mixed-use properties. Table 5-12. City of Tustin Maximum Noise Level Standards Noise Exterior/ Time Period L50 L25 L8 L2 Lmax Zone Interior (30 (15 (5 (1 (Anytime) mins) mins) mins) min) Exterior 7:00 AM to 10:00 55 60 65 70 75 1 PM 10:00 PM to 7:00 50 55 60 65 70 AM Interior 7:00 AM to 10:00 — — 55 60 65 PM 10:00 PM to 7:00 — — 45 50 55 AM 2 Exterior Anytime 60 65 70 75 80 3 Exterior Anytime 70 75 80 85 90 4 Exterior Anytime 55 60 65 70 75 5 Exterior Anytime 60 65 70 75 80 City of Tustin Municipal Code Section 4616, Specific Disturbing Noises Prohibited (2) Construction, repairing, remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation, grading, paving or construction of any building Page 1 111 INITIAL STUDY City of Tustin or site is prohibited between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours Sundays and city observed federal holidays. Trucks, vehicles and equipment that are making or are involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on or adjacent to said sites outside of the approved hours for construction activity. Federal Transit Administration The City does not have daytime construction noise level limits for activities that occur within the specified hours in Section 11.80.030(D)(7) to determine potential noise impacts; therefore, construction noise is assessed using criteria from the Transit Noise and Vibration Impact Assessment Manual (FTA Manual). The most sensitive nearby receptors would include residential uses to the south of the Project site. The FTA Manual General Assessment Construction Noise Criteria identifies a Daytime 1-hour Leq (dBA) threshold of 90 and a Nighttime 1-hour Leq (dBA) threshold of 80 composite noise levels for residential uses. The construction noise threshold from Transit Noise and Vibration Impact Assessment (2018), identifies a significant construction noise impact if construction noise exceeds 80 dBA Leq over an eight-hour period during the daytime at the nearby sensitive receivers (e.g. residential, etc.). The Transit Noise and Vibration Impact Assessment (2018) provide thresholds for increases in ambient noise from vehicular traffic based on increases to ambient noise. An impact would occur if existing noise levels at noise-sensitive land uses (e.g. residential, etc.) are less than 60 dBA CNEL and the project creates an increase of 3 dBA CNEL or greater project-related noise level increase; or if existing noise levels range from 60 to 65 dBA CNEL and the project creates 2 dBA CNEL or greater noise level increase. Caltrans Transportation and Construction Vibration Guidance Manual The City does not have vibration standards that are applicable to the proposed project, hence, California Department of Transportation's (Caltrans) Transportation and Construction Vibration Guidance Manual guidelines are used as a screening tool for assessing the potential for adverse vibration effects related to structural damage and human perception. Caltrans guidance defines the threshold of perception from transient sources as 0.25 inch per second PPV. Existing Noise Levels The Project site is currently developed with two commercial office buildings. As detailed in the Noise Impact Analysis (Appendix 1), to identify the existing ambient noise level environment, 24-hour noise level measurements were taken at two locations on the project site (shown on Figure 3)from July 25 to July 26, 2022. The measured sound levels in dBA have been used to calculate the minimum and maximum Leq averaged over 1- hour intervals. The primary existing source of ambient noise on the Project site is traffic from Irvine Boulevard. Hourly noise levels at surrounding sensitive uses are as low as 43.6 dBA Leq during nighttime hours and 50.6 dBA Leq during daytime hours as shown in Table 5-13. Page 1112 INITIAL STUDY City of Tustin Table 5-13: Existing (Ambient) Noise Measurement Results Average Daytime Noise Evening Noise Nighttime Daily Noise Levelsl (dBA Levels2 (dBA Noise Levels3 Levels(dBA Location Location Description Leq) Leq) (dBA Leq) CNEL) LT-1 Northeast corner of project site, near the 67.6-69.5 65.1 —67.4 53.6-66.4 70.0 proposed northern facades of the residential units. LT-2 Southern corner of project site near 50.6-63.1 60.2-61.1 43.6-58.5 62.0 Prospect Park. Source:Compiled by LSA(August 2022). 1 Daytime Noise Levels=noise levels during the hours of 7:00 a.m.to 7:00 p.m. 2 Evening Noise Levels=noise levels during the hours of 7:00 p.m.to 10:00 p.m. 3 Nighttime Noise Levels=noise levels during the hours of 10:00 p.m.to 7:00 a.m. dBA=A-weighted decibels ft=foottfeet CNEL=Day-night Level Leq=equivalent continuous sound level Source:Noise Impact Analysis(Appendix 1) Page 1113 INITIAL STUDY City of Tustin Figure 3. Noise Measurement Locations Page 1114 INITIAL STUDY City of Tustin a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. Construction As described above, City of Tustin Municipal Code Section 4616 prohibits construction noise between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours Sundays and city observed federal holidays. The Project would comply with the City's construction hours regulations, as required by standard City Conditions of Approval. Construction activities are anticipated to last approximately 11 months. There are many ways to rate noise for various time periods, but an appropriate rating of ambient noise affecting humans also accounts for the annoying effects of sound. The equivalent continuous sound level (Leq) is the total sound energy of time-varying noise over a sample period. However, the predominant rating scales for human communities in the State of California are the Leq and Community Noise Equivalent Level (CNEL) or the day-night average noise level (Ldn) based on A-weighted decibels. CNEL is the time- weighted average noise over a 24-hour period, with a 5 dBA weighting factor applied to the hourly Leq for noises occurring from 7:00 p.m. to 10:00 p.m. (defined as relaxation hours) and a 10 dBA weighting factor applied to noises occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). Ldn is similar to the CNEL scale but without the adjustment for events occurring during relaxation hours. CNEL and Ldn are within 1 dBA of each other and are normally interchangeable. The City uses the CNEL noise scale for long-term traffic noise impact assessment. Noise impacts from construction activities associated with the proposed project would be a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activities. The nearest sensitive receptors would include residential uses, approximately 135 feet south of the from the center of proposed construction activities within the Project site. In order to determine if the proposed construction activities would create a significant substantial temporary noise increase, the FTA construction noise criteria thresholds was utilized, which states that a significant construction noise impact would occur if construction noise exceeds 80 dBA during the daytime at any of the nearby homes. Table 5-14 lists typical construction equipment noise levels recommended for noise impact assessments, based on a distance of 50 feet between the equipment and a noise receptor, taken from the Federal Highway Administration (FHWA) Roadway Construction Noise Model. As shown in Table 5-14, Project construction composite noise levels at a distance of 50 feet would range from 74 dBA Leq to 89 dBA Leq, with the highest noise levels occurring during the demolition phase. Table 5-15 shows the nearest sensitive uses to the project site, their distance from the center of construction activities, and composite noise levels Page 1115 INITIAL STUDY City of Tustin expected during construction. These noise level projections do not consider intervening topography or barriers. While construction noise will vary, it is expected that composite noise levels during construction at the nearest off-site sensitive residential use to the south would reach an average noise level of 80 dBA Leq during daytime hours. These predicted noise levels would only occur when all construction equipment is operating simultaneously, which is unlikely, and therefore, are assumed to be conservative in nature. While construction-related short-term noise levels have the potential to be higher than existing ambient noise levels in the Project area under existing conditions, construction noise would be temporary and intermittent. Construction noise would stop following completion of the Project. Therefore, Project construction would result in a less than significant impact. Table 5-14: Typical Construction Equipment Noise Levels Equipment Description Acoustical Usage Factor(%)l Maximum Noise Level (Lmax) at 50 Feet2 Auger Drill Rig 20 84 Backhoes 40 80 Compactor(ground) 20 80 Compressor 40 80 Cranes 16 85 Dozers 40 85 Dump Trucks 40 84 Excavators 40 85 Flat Bed Trucks 40 84 Forklift 20 85 Front-end Loaders 40 80 Graders 40 85 Impact Pile Drivers 20 95 Jackhammers 20 85 Paver 50 77 Pickup Truck 40 55 Pneumatic Tools 50 85 Pumps 50 77 Page 1116 INITIAL STUDY City of Tustin Rock Drills 20 85 Rollers 20 85 Scrapers 40 85 Tractors 40 84 Trencher 50 80 Welder 40 73 Source:Appendix I Noise Impact Analysis 1 Usage factor is the percentage of time during a construction noise operation that a piece of construction equipment is operating at full power. 2 Maximum noise levels were developed based on Specification 721.560 from the Central Artery/ Tunnel program to be consistent with the City of Boston's Noise Code for the"Big Dig"project. FHWA= Federal Highway Administration Lmax =maximum instantaneous sound level Table 5-15: Potential Construction Noise Impacts at Nearest Receptors Composite Noise Composite Receptor Level (dBA Leq) at Distance (feet) Noise Level (Location) 50 feed (dBA Leq) Residences (South) 135 80 Residences (East) 285 73 89 Commercial (West) 285 73 School (North) 670 66 LL Source:Appendix I Noise Impact Analysis Operation The Project proposes the construction of 40 residential units, including 18 duplexes and 4 single family units, as well as the incorporation of open recreational space, landscaping, and drive aisles. Noise generated by the Project would primarily occur from traffic . In order to assess the potential traffic impacts related to the proposed project, anticipated traffic that would result from Project operation was used to determine future noise levels on surrounding land uses as a result of the Project. It is anticipated that a net addition of 297 average daily trips (ADT) would be generated by the proposed Project in addition to the existing traffic levels. The results of Project noise modeling determined that an increase of approximately 0.06 dBA CNEL from existing noise levels (as shown in Table 5-13) is expected to result from the Project along the streets adjacent to the Project site. A noise level increase of less than 1 dBA would not be perceptible to the human ear; Page 1117 INITIAL STUDY City of Tustin therefore, the traffic noise increase in the vicinity of the project site resulting from the proposed project would be less than significant. b) Generation of excessive ground-borne vibration or ground-borne noise levels? Less than Significant Impact. Construction Construction vibration analysis discusses the level of human annoyance using vibration levels in VdB and assesses the potential for building damages using vibration levels in PPV (in/sec). This is because vibration levels calculated in VdB are best for characterizing human response to building vibration, while calculating vibration levels in PPV is best for characterizing the potential for damage. Table 5-16: Vibration Source Amplitudes for Construction Equipment Equipment Reference PPV/LV at 25 ft PPV (in/sec) LV (VdB)1 Pile Driver (Impact), Typical 0.644 104 Pile Driver (Sonic), Typical 0.170 93 Vibratory Roller 0.210 94 Hoe Ram 0.089 87 Large Bulldozer 0.089 87 Caisson Drilling 0.089 87 Loaded Trucks2 0.076 86 Jackhammer 0.035 79 Small Bulldozer 0.003 58 1 RMS vibration velocity in decibels(VdB)is 1 Nin/sec. 2 Equipment shown in bold is expected to be used on site. Nin/sec=microinches per second LV = velocity in decibels PPV = peak ft=foot/feet particle velocity FTA = Federal Transit Administration in/sec = RMS=root-mean-square inch/inches per second VdB=vibration velocity decibels Source:Appendix I Noise Impact Analysis Table 5-16 shows the PPV and VdB values at 25 feet from the construction vibration source. Bulldozers and other heavy-tracked construction equipment(expected to be used for this Project) generate approximately 0.089 PPV in/sec or 87 VdB of ground-borne Page 1118 INITIAL STUDY City of Tustin vibration when measured at 25 feet, based on the FTA Manual. The distance to the nearest buildings for vibration impact analysis is measured between the nearest off-site buildings and the project construction boundary (assuming the construction equipment would be used at or near the project setback line). The threshold at which vibration levels would result in annoyance would be 78 VdB for daytime residential uses. FTA guidelines indicate that for a non-engineered timber and masonry building, the construction vibration damage criterion is 0.2 in/sec in PPV. Table 5-17: Potential Construction Vibration Annoyance Impacts at Nearest Receptor Receptor(Location) Reference Vibration Distance (ft)2 Vibration Level Level (VdB) at 25 ft1 (VdB) Residences (South) 135 65 Residences (East) 87 285 55 Commercial (West) 285 55 School (North) 670 44 Source:Appendix I Noise Impact Analysis The reference vibration level is associated with a large bulldozer,which is expected to be representative of the heavy equipment used during construction. The reference distance is associated with the average condition, identified by the distance from the center of construction activities to surrounding uses. t=foot/feet VdB=vibration velocity decibels Table 5-18: Potential Construction Vibration Damage Impacts at Nearest Receptor Receptor(Location) Reference Vibration Distance (ft)2 Vibration Level Level (VdB) at 25 ft1 (VdB) Residences (South) 35 0.054 Residences (East) 87 50 0.031 Commercial (West) 50 0.031 School (North) 520 0.001 Source:Appendix I Noise Impact Analysis The reference vibration level is associated with a large bulldozer,which is expected to be representative of the heavy equipment used during construction. The reference distance is associated with the peak condition,identified by the distance from the perimeter of construction activities to surrounding structures. t=foot/feet VdB=vibration velocity decibels Page 1119 INITIAL STUDY City of Tustin Based on the information provided in Table 5-17, vibration levels are expected to approach 65 VdB at the closest residential uses located immediately south of the Project site, which is below the 78 VdB threshold for annoyance. The closest structure to the project site is the residential uses to the south of site, approximately 33 feet from the limits of construction activity. It is expected that vibration levels generated by dump trucks and other large equipment that would operate near the property line would generate ground-borne vibration levels of up to 0.054 PPV (in/sec) at the closest structure to the Project site. This vibration level would not exceed the 0.2 PPV (in/sec) threshold considered safe for non- engineered timber and masonry buildings. All other structures are further away and would experience lower vibration levels. Because construction activities are regulated by the City's Municipal Code, which states that construction, maintenance, or demolition activities are allowed between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 5:00 p.m. on Saturdays, vibration impacts would not occur during the more sensitive nighttime hours. Therefore, vibration impacts would be less than significant. Operation The proposed project would not generate vibration levels related to on-site operations. In addition, vibration levels generated from project-related traffic on the adjacent roadways are unusual for on-road vehicles because the rubber tires and suspension systems of on- road vehicles provide vibration isolation. Vibration levels generated from Project-related traffic on the adjacent roadways would be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. Airport-related noise levels are primarily associated with aircraft engine noise made while aircraft are taking off, landing, or running their engines while still on the ground. The closest airport to the proposed Project site is John Wayne Airport (JWA), located approximately 5.15 miles south of the Project site. The Project site is outside the 65 dBA CNEL noise contour, or Noise Impact Zone "1", and the 60 dBA CNEL noise contour, or Noise Impact Zone "2", of JWA based on the JWA Airport Impact Zones map in the Airport Environs Land Use Plan (Orange County Airport Land Use Commission 2008). Therefore, the Project site is not expected to experience airport related noise levels in excess of the City of Tustin exterior standards. Impacts would be less than significant. Existing Plans, Programs, or Policies PPP N-1: City of Tustin Municipal Code Section 4616, Specific Disturbing Noises Prohibited Page 1120 INITIAL STUDY City of Tustin (2) Construction, repairing, remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation, grading, paving or construction of any building or site is prohibited between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours Sundays and city observed federal holidays. Trucks, vehicles and equipment that are making or are involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on or adjacent to said sites outside of the approved hours for construction activity. Mitigation Measures None. Sources City of Tustin, 2018. City of Tustin General Plan Noise Element. Accessed: https://www.tustinca.org/DocumentCenterNiew/713/City-of-Tustin-General-Plan-PDF City of Tustin, 2022. City of Tustin Municipal Code (2022 Update 1). Accessed: https://Iibrary.municode.com/ca/tustin/codes/code of ordinances LSA, 2022. Noise and Vibration Impact Analysis (Appendix 1) Page 1 121 INITIAL STUDY City of Tustin 5.14. POPULATION AND HOUSING Would the Project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporated a) Induce substantial unplanned ❑ ❑ ® ❑ population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of ❑ ❑ ❑ existing people or housing, necessitating the construction of replacement housing elsewhere? a. Induce substantial unplanned population growth in an area, either directly of indirectly? Less than Significant Impact. The California Department of Finance (CDF) data details that the City of Tustin has a residential population of 79,535 and 28,321 housing units in 2022. In addition, it is estimated that the City has an average of 2.89 persons per household. The Project would remove the existing office buildings and construct 18 duplexes and four single-family residences, for a total of 40 residential units. Based on this information, the proposed 40 residential units would result in an increase of approximately 116 new residents. The 2020-2045 SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) assumed the population within the City of Tustin to grow from 82,100 in 2016 to 92,600 in 2045 (approximately 13 percent). The addition of 116 new residents would represent a population increase of 0.1 percent and the new housing units would result in a 0.1 percent increase in residential units within the City. As the Project consists of redevelopment of a site that would generate less than one-half percent growth, potential impacts related to substantial unplanned population growth would be less than significant. Additionally, the proposed Project is located in an urbanized residential area of the City that is already served by existing roadways and infrastructure systems. No infrastructure would be extended to serve areas beyond the Project site, and indirect impacts related to growth would not occur from implementation of the proposed Project. Therefore, potential impacts related to inducement of unplanned population growth, either directly or indirectly, would be less than significant. b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Page 1122 INITIAL STUDY City of Tustin No Impact. The Project site is currently developed with two office buildings and does not contain any housing. The Project would redevelop the site to construct 18 duplexes and four single-family residences, for a total of 40 residential units. No people or housing would be displaced by implementation of the proposed Project. Conversely, housing would be developed by the Project. Thus, no impact would occur. Existing Plans, Programs, or Policies None. Mitigation Measures None. Sources California Department of Finance. 2022. E-5 Population and Housing Estimates for Cities, Counties, and the State, January 2021-2022, with 2020 Benchmark. Accessed: https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing- estim ates-for-cities-counties-and-the-state-2020-2022/ Page1123 INITIAL STUDY City of Tustin 5.15. PUBLIC SERVICES a) Would the Project result in Potentially Less Than Less Than No Impact substantial adverse physical Significant Significant Significant impacts associated with the Impact with Impact provision of new or physically Mitigation altered governmental facilities, need Incorporated for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i. Fire protection? ❑ ❑ ® ❑ ii. Police protection? ❑ ❑ ® ❑ iii. Schools? ❑ ❑ ® ❑ iv. Parks? ❑ ❑ ® ❑ v. Other public facilities? ❑ ❑ ® ❑ a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i. Fire protection? ii. Police protection? iii. Schools? iv. Parks? v. Other public facilities? Fire Protection — Less than Significant Impact. Fire Services for Tustin are provided by Orange County Fire Authority (OCFA). OCFA operates three fire stations throughout the City of Tustin, described below: • OCFA Fire Station #21 is closest to the Project site. It is located at 1241 Irvine Boulevard., which is 0.76-mile from the Project site. Page 1124 INITIAL STUDY City of Tustin • OCFA Fire Station #37 is located 2.32 miles from the Project site at 15011 Kensington Park Drive. • OCFA Fire Station #43 is located 2.88 miles from the Project site at 11490 Pioneer Way. The proposed Project would remove the existing office buildings and develop 18 duplexes and four single-family residences, for a total of 40 residential units. Implementation of the Project would be required to adhere to the California Fire Code, as included in the City's Municipal Code Section 8100, as part of the permitting process the Project plans would be reviewed by the City's Building Division to ensure that the Project plans meet the fire protection requirements. Due to the small increase in onsite people that would occur from implementation of the Project, an incremental increase in demand for fire protection and emergency medical services would occur. However, the increase in residents onsite is limited (estimated 116 residents) and would not increase demands such that the existing three fire stations would not be able to accommodate servicing the Project in addition to its existing commitments. Provision of a new or physically altered fire station would not be required that could cause environmental impacts. Therefore, impacts related to fire protection services from the proposed Project would be less than significant. Police Protection— Less than Significant Impact. The City of Tustin Police Department is located at 300 Centennial Way, which is 0.32 mile from the Project site. The Police Department staffing consists of 100 sworn officers and 55 Civilian Support Personnel. Based on the California DOF population data for the City in 2022 of 79,535, the City has approximately 1.26 sworn officers per 1,000 residents. Development of the proposed 40 residential units would result in an incremental increase in demands on law enforcement services. However, the increase would not be significant when compared to the current demand levels. As described previously, the residential population of the Project site at full occupancy would be approximately 116 residents and based on the Police Department's staffing of 1.26 officers per thousand population, the proposed Project would require 0.27 percent of an additional officer. Since the need by the Project is less than one full-time officer, the Project would not require the construction or expansion of the City's existing policing facilities. Thus, substantial adverse physical impacts associated with the provision of new or expanded facilities would not occur. Thus, impacts related to police services would be less than significant. Schools — Less than Significant Impact. The Project site is located within the Tustin Unified School District. The Tustin Unified School District includes 16 Elementary Schools, two K-8 Schools, two Online Schools (K-12), four Middle Schools, one Legacy Magnet Academy, four High Schools, and one Adult Education School. The schools that would serve the Project are: Helen EStock Elementary School located at 14741 N B Street, which is 0.27 miles from the Project site; Columbus Tustin Middle School located at 17952 Beneta Way, which is 0.1 miles from the Project site; and Tustin High School located at 1171 EI Camino Real, which is 0.78 miles from the Project site. Page 1125 INITIAL STUDY City of Tustin The Project would develop 18 duplexes and four single-family residences (40 units total). The State Office of Public School Construction utilizes a student yield factor of 0.7 students per dwelling unit. Using this factor, the proposed 40 residences could result in approximately 28 new students that would range in age from elementary through high school. Pursuant to Government Code Section 65995 et seq., the need for additional school facilities is addressed through compliance with school impact fee assessment. Senate Bill 50 (Chapter 407 of Statutes of 1998) sets forth a state school facilities construction program that includes restrictions on a local jurisdiction's ability to condition a project on mitigation of a project's impacts on school facilities in excess of fees set forth in the Government Code. These fees are collected by school districts at the time of issuance of building permits for development projects. Pursuant to Government Code Section 65995 applicants shall pay developer fees to the appropriate school districts at the time building permits are issued; and payment of the adopted fees provides full and complete mitigation of school impacts. As a result, impacts related to school facilities would be less than significant with the Government Code required fee payments. Parks — Less than Significant Impact. The City of Tustin has over 100 acres of parks, activity buildings, and athletic facilities. The parks closest to the Project site include the following: • Columbus Tustin Park located at 14712 Prospect Avenue, which is approximately 108 feet north from the Project site. This park is approximately 10 acres and contains the following facilities: Playground, tennis courts, baseball field/softball diamond, parking, picnic areas including shelters and tables, and restrooms. • Peppertree Park located at 230 W First Street, which is 0.23 mile from the Project site. This park is approximately 6.7 acres and contains the following facilities: baseball/softball diamond, BBQs, bocce ball court, horseshoe pit, parking, picnic areas including shelters and tables, and restrooms. • Pine Tree Park located at 1402 Bryan Ave, which is 0.83 miles from the Project site. This park is approximately 4 acres and contains the following facilities: volleyball court, playground, picnic areas, and restrooms. The Project would develop 40 new residential units and 10,531 square feet of common open space recreation area on the site for use by residents. As described previously, The Project would result in approximately 116 residents. Residential uses are required to pay a park development fee. The City's Municipal Code Section 9331 provides parkland dedication requirements that are based on the number of dwelling units. Based on the Code's requirement of 0.0067 acres of parkland per dwelling unit, the Project would require 0.27 acres or 11 761.2 square feet of parkland dedication. Therefore, a majority of the Project's park demand would be met by the provision of the onsite recreation areas. In addition, as described previously, the City currently has over 100 acres of park facilities, including three parks within 1-mile of the Project site. Therefore, impacts related to the need to provide new or altered park and recreation facilities in order to maintain acceptable service ratios would be less than significant. Other Facilities— Less than Significant Impact. The proposed Project would redevelop the Project site with 18 duplexes and four single-family residences (40 units total) within an area that already contains residential land uses. The additional residences would result in a limited incremental increase in the need for additional services, such as public Page 1126 INITIAL STUDY City of Tustin libraries and post offices, etc. Because the Project area is already served by other services and the Project would result in a limited increase in population, the Project would not result in the need for new or physically altered facilities to provide other services, the construction of which could cause significant environmental impacts. Therefore, impacts would be less than significant. Existing Plans, Programs, or Policies PPP PS-1: Schools Development Impact Fees. Prior to issuance of building permit, the Project shall pay applicable development fees levied by the Tustin Unified School District pursuant to the School Facilities Act (Senate Bill [SB] 50, Stats. 1998, c.407). PPP PS-2: Park Fees. As a condition of the approval of a tentative map, the Project shall pay applicable park related fees pursuant to Municipal Code 9331. Mitigation Measures None. Sources City of Tustin Fire. Accessed: https://www.tustinca.org/414/Fire City of Tustin Municipal Code. Accessed: https://Iibrary.municode.com/ca/tustin/codes/code of ordinances City of Tustin Parks and Recreation. Parks Information. Accessed: https://www.tustinca.org/715/Parks-Information City of Tustin Police. About Us. Accessed: https://www.tustinca.org/169/Police Office of Public School Construction. 2009. State of California Enrollment Certification/Projection — School Facility Program. Accessed: https://www.dgsapps.dgs.ca.gov/OPSC/abl014/sab50-01 instructions.pdf. Tustin Unified School District. Accessed: https://www.tustin.kl2.ca.us/ Page 1127 INITIAL STUDY City of Tustin 5.16. RECREATION Would the Project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporated a) Would the project increase the ❑ ❑ ® ❑ use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include ❑ ❑ ® ❑ recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact. The Project would develop 40 residential units and 10,531 square feet of common open space recreation area on the site for use by residents. Therefore, some of the Project's park and recreational demand would be met by the provision of the onsite facilities. The City currently has over 100 acres of parkland, with three parks within one mile of the site. As described previously in the parks discussion, the Project would result in approximately 116 new residents. Due to the limited increase in population from implementation of the Project, provision of onsite open space and recreational facilities, and the amount of existing recreation facilities near the site, impacts related to the increase in the use of existing parks and recreational facilities, such that physical deterioration of the facility would be accelerated would be less than significant. b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. As described above, the Project includes 10,531 square feet of open space recreation area. The impacts of development of the park open space recreation area are considered part of the impacts of the proposed Project as a whole and are analyzed throughout the various sections of this MND. For example, activities such as excavation, grading, and construction as required for the recreation area are Page 1128 INITIAL STUDY City of Tustin analyzed in the Air Quality, Greenhouse Gas Emissions, Noise, and Transportation Sections. In addition, while the Project would contribute park development fees pursuant to Municipal Code 9331 (included as PPP PS-2) to be used towards the future expansion or maintenance parks and recreational facilities, these fees are standard with every residential development, and the proposed Project would not require the construction or expansion of other recreational facilities that might have an adverse physical effect on the environment. As a result, impacts would be less than significant. Existing Plans, Programs, or Policies None. Mitigation Measures None. Sources City of Tustin Municipal Code. Accessed: https://Iibrary.municode.com/ca/tustin/codes/code of ordinances Page 1129 INITIAL STUDY City of Tustin 5.17. TRANSPORTATION Would the project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporated a) Conflict with a program, plan, ❑ ❑ ® ❑ ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b) Conflict or be inconsistent with ❑ ❑ ® ❑ CEQA Guidelines § 15064.3, subdivision (b)? c) Substantially increase hazards ❑ ❑ ® ❑ due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency ❑ ❑ ❑ access? a. Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Less than Significant Impact. The proposed Project would develop the Project site with 40 residential units. The trip generation for the Project was calculated using trip rates from the Institute of Transportation Engineers (ITE), Trip Generation 11th Edition, 2021. As shown in Table T-1, the existing number of trips generated by existing uses of the Project site is 592. The Project would generate approximately 297 daily trips including 20 trips during the AM peak hour and 24 trips during the PM peak hour. This is 295 fewer daily trips than generated by the existing uses. Table T-1: Project Trip Generation AM Peak Hour PM Peak Hour Land Use Units Daily In Out Total In Out Total Trip Rates Page 1130 INITIAL STUDY City of Tustin Business Park' TSF 12.44 1.15 0.20 1.35 0.32 0.90 1.22 Single-Family Detached DU 9.43 0.18 0.52 0.70 0.59 0.35 0.94 Housing2 Single-Family Attached DU 7.20 0.15 0.33 0.48 0.32 0.25 0.57 Housing3 Existing Trip Generation Existing Business Park 47.583 -592 -55 -10 -64 -15 -43 -58 TSF Project Trip Generation Single-Family Detached 4 DU 38 1 2 3 2 1 4 Housing Single-Family Attached 36 DU 259 5 12 17 12 9 21 Housing Total Project Trip 297 6 14 20 14 10 24 Generation Net Trip Generation -295 -49 4 -44 -1 -33 -34 TSF=Thousand Square Feet; DU=Dwelling Unit 'Trip rates from the Institute of Transportation Engineers, Trip Generation. 11"Edition,2021, Land Use Code 770-Business Park. All Sites. 2Trip rates from the Institute of Transportation Engineers, Trip Generation, 11"Edition, 2021, Land Use Code 210-Single-Family Detached Housing.All Sites. 3Trip rates from the Institute of Transportation Engineers, Trip Generation, 11"Edition, 2021, Land Use Code 215-Single-Family Detached Housing.All Sites. Source:VMT Screening Analysis,Appendix J Transit Services. The Orange County Transportation Authority (OCTA) operates 58 local bus routes through all cities in Orange County, including Tustin. Bus routes that run through the City include OCTA routes 59 60, 64, 66, 70, 71, 72, 79, 90, 167, 472,and 473 that serve major destinations in the region. OCTA Route 64 and 71 are the closest to the Project site. Route 64 runs from the Westminster Mall Area along Bolsa/First St. to the Larwin Square shopping area. It operates Monday through Friday from 4:20 a.m. to 11:45 p.m. and on weekends from 5:10 a.m. to 11:00 p.m. with 15-minute headways. Route 71 runs from Hoag Hospital along Newport Blvd, Red Hill Ave, and Tustin St. to the Placentia Linda Hospital. It operates Monday through Friday from 5:20 a.m. to 10:45 p.m. and on weekends from 5:45 a.m. to 6:15 p.m. with 45-minute headways. The nearest bus stop to the Project site is approximately 1,200 feet southwest, located at the intersection of First Street and Prospect Avenue, and is served by OCTA Route 64 and 71. These existing transit Page 1 131 INITIAL STUDY City of Tustin services would serve Project residents. The proposed 40 residential units would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur. Bicycle Circulation. The City of Tustin General Plan Figure C-5, Bikeway Master Plan, identifies a Class II bicycle lane along Prospect Avenue that runs adjacent to the Project site. Additionally, the plan identifies a potential future route through Columbus Tustin Park located across Irvine Boulevard from the Project site. The Project would not impact existing or planned facilities, including temporary or operational, direct or indirect, obstructions. There are no other existing or proposed bicycle facilities within or adjacent to the Project site. Thus, impacts related to existing bicycle program, plan, ordinance, or policies would not occur from the Project. Pedestrian Facilities. The Project site is located in a developed urban area with sidewalks available along all nearby roadways. The proposed onsite roadway system includes sidewalks throughout the Project site that would connect to the offsite sidewalks. This would facilitate pedestrian use and walking to nearby locations. Therefore, the proposed Project would improve, and not conflict with, pedestrian facilities. Thus, impacts related to pedestrian facilities would not occur. b. Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? Less than Significant Impact. Senate Bill (SB) 743 was signed by Governor Brown in 2013 and required the Governor's Office of Planning and Research (OPR) to amend the CEQA Guidelines to replace LOS for evaluating transportation impacts. SB 743 specified that the new criteria should promote the reduction of GHG emissions, the development of multimodal transportation networks and a diversity of land uses. In response, Section 15064.3 was added to the CEQA Guidelines that became effective on July 1, 2020 and requires that Vehicle Miles Traveled (VMT) be evaluated for impacts and provides lead agencies with the discretion to choose the most appropriate methodology and thresholds for its evaluation. The City of Tustin has not yet adopted criteria for evaluating VMT impacts under CEQA, therefore, OPR's Technical Advisory on Evaluating Transportation Impacts In CEQA, December 2018, which provides guidelines for analysis of transportation impacts under CEQA, was used. The OPR guidelines state that small projects with less than 110 average net daily trips are generally exempt from having to analyze VMT. As shown in Table T-1, the Project would generate 295 fewer daily trips than the existing land use. Therefore, the Project would have a less than significant impact on VMT and no further analysis is required. c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. The Project would develop and operate 40 new residential units on the site. None of the proposed structures would include incompatible uses such as farm equipment. The Project would also not increase any hazards related to a design feature. The onsite drives would be developed in conformance with City design standards. The City's construction permitting process includes review of Project Page 1132 INITIAL STUDY City of Tustin plans to ensure that no potentially hazardous transportation design features would be introduced by the Project. For example, the design of the onsite circulation would be reviewed to ensure fire engine accessibility is provided to the fire code standards. Also, access to the Project site would be provided by a 27-foot-wide driveway along Irvine Boulevard that would be designed in compliance with the City's design standards to provide for adequate turning for passenger cars, fire trucks, and delivery trucks. As a result, impacts related to geometric design feature would be less than significant. d. Result in inadequate emergency access? No Impact. The proposed Project would develop and operate 40 residential units that would be permitted and approved in compliance with existing safety regulations, such as the California Building Code and Fire Code (as integrated into the City's Municipal Code) to ensure that it would not result in inadequate emergency access. The proposed construction activities, including equipment and supply staging and storage, would occur within the Project site and would not restrict access of emergency vehicles to the Project site or adjacent areas. During construction, Irvine Boulevard would remain open to ensure adequate emergency access to the Project area and vicinity. Thus, impacts related to inadequate emergency access during construction activities would not occur. As described above, operation of the proposed Project would also not result in inadequate emergency access. Direct access to the Project site would be provided from Irvine Boulevard. The driveways and on-site circulation constructed by the Project would be evaluated through the City's permitting procedures to meet the City's design standards that provides adequate turning space for passenger cars, fire trucks, and delivery trucks. The Project is also required to provide fire suppression facilities (e.g., hydrants and sprinklers). The OCFA would review the development plans as part of the plan check and permitting procedures to ensure adequate emergency access pursuant to the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9). As a result, impacts related to inadequate emergency access would not occur. Existing Plans, Programs, or Policies None. Mitigation Measures None. Sources Vehicle Miles Traveled (VMT) Screening Analysis, prepared by EPD Solutions, Inc., 2022. (Appendix J). Page 1133 INITIAL STUDY City of Tustin 5.18. TRIBAL CULTURAL RESOURCES a) Would the Project cause a substantial Potentially Less Than Less Than No adverse change in the significance of a Significant Significant Significant Impact tribal cultural resource, defined in Public Impact with Impact Resources Code Section 21074 as either a Mitigation site, feature, place, cultural landscape that Incorporated is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is.. i) Listed or eligible for listing in the ❑ ❑ ® ❑ California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ii) A resource determined by the lead ❑ ❑ ❑ agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? AB 52 and SB 18 Requirements The Project would be required to comply with AB 52 and SB 18 regarding tribal consultation. Chapter 532, Statutes of 2014 (i.e., AB 52), requires that Lead Agencies evaluate a project's potential to impact "tribal cultural resources." Such resources include sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register or included in a local register of historical resources (PRC Section 21074). AB 52 also gives Lead Agencies the discretion to determine, supported by substantial evidence, whether a resource falling outside the definition stated above nonetheless qualifies as a "tribal cultural resource." SB 18 requires cities and counties acting as Lead Agency to contact and consult with California Native American tribes before adopting or amending a General Plan. The intent of SB 18 is to establish meaningful consultation between tribal governments and local governments at the earliest possible point in the planning process and to enable tribes to manage "cultural places." Cultural places are defined as a Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine (PRC Section Page 1134 INITIAL STUDY City of Tustin 5097.9), or a Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register, including any historic or prehistoric ruins, any burial ground, or any archaeological or historic site (PRC Section 5097.993). In addition, as part of the Cultural Resources Study (BFSA 2022) a Sacred Lands File search was requested from the NAHC on April 4, 2022. The NAHC responded on May 16, 2022, stating that there are no known sacred lands within a 1-mile radius of the Project site, and requested that 15 Native American individuals be contacted for further information regarding the general area vicinity. In compliance with the NAHC request, on May 17, 2022, letters were sent to all of the 15 Native American tribes that may have knowledge regarding tribal cultural resources in the Project area, which are: • Campo Band of Diegueno Mission Indians • Ewiiaapaayp Band of Kumeyaay Indians • Gabrieleno Band of Mission Indians - Kizh Nation • Gabrieleno/Tongva San Gabriel Band of Mission Indians • Gabrielino Tongva Indians of California Tribal Council • Gabrielino/Tongva Nation • Gabriel ino-Tongva Tribe • Juaneno Band of Mission Indians Acjachemen Nation - Belardes • La Posta Band of Diegueno Mission Indians • Manzanita Band of Kumeyaay Nation • Mesa Grande Band of Diegueno Mission Indians • Pala Band of Mission Indians • Santa Rosa Band of Cahuilla Indians • Soboba Band of Luiseno Indians • Sycuan Band of the Kumeyaay Nation One response was received on May 23, 2022, from the Gabrieleno Band of Mission Indians - Kizh Nation. Consultation with the tribe was conducted via email. Measures were provided by the tribe on August 26, 2022 to the City. The City and applicant accepted proposed measures on August 30, 2022 and consultation was closed. No other requests for consultation under AB 52 or SB 18 regarding the proposed Project were received by the City. a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Page 1135 INITIAL STUDY City of Tustin i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? Less than Significant Impact. As detailed previously in Section 5.5, Cultural Resources, the Project site was used for agricultural purposes prior to its development for office uses in 1971. The Department of Parks and Recreation Primary Record form prepared for the Project details that the site does not meet any of the historic resource criteria and does not meet the definition of an historical resource pursuant to CEQA (DPR 2022). In addition, the Cultural Resources Study (Appendix B) prepared for the Project included a search of the California Historical Resource Information System (CHRIS) at the South Central Coastal Information Center (SCCIC), located at California State University, Fullerton, and did not identify any historical resources as defined in Public Resources Code section 5020.1(k) on the Project site. Furthermore, the Sacred Lands File search completed by the NAHC stated that there are no known sacred lands within a 1-mile radius of the Project site. Therefore, no substantial evidence exists that tribal cultural resources are present in the Project site, and potential impacts would be less than significant. ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Less than Significant with Mitigation Incorporated. The Geotechnical Investigation describes that the site locally underlain by alluvial soils that is locally overlain by artificial fill. Project construction would require the trenching and excavation of soils of approximately five feet below grade. Based on the site soils and excavation depths, there is a limited potential for the Project to impact tribal cultural resources. However, pursuant to consultation with the Gabrielino Band of Mission Indians — Kizh Nation Tribe, Mitigation Measures TCR-1 through TCR-3 have been included to require tribal monitoring, to prescribe activities should any inadvertent discoveries of tribal cultural resources be unearthed by project construction activities, and to prescribe activities should any human remains or funerary remains be discovered during project construction. Mitigation Measure TCR-1 through TCR-3 would reduce potential impacts to tribal cultural resources to a less than significant level. Additionally, as described previously and included as PPP CUL-1, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered in the Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Therefore, with implementation of Mitigation Measures TCR-1 through TCR-3 and the existing regulations, impacts to TCRs would be less than significant. Existing Plans, Programs, or Policies --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page1136 INITIAL STUDY City of Tustin PPP CUL-1: Human Remains. Listed previously in Section 5.5, Cultural Resources. Mitigation Measures Mitigation Measure TCR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians — Kizh Nation. The monitor shall be retained prior to the commencement of any "ground-disturbing activity" for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground-disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. Page 1137 INITIAL STUDY City of Tustin B. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Mitigation Measure TCR-3 Procedures for Burials and Funerary Remains A. As the Most Likely Descendant ("MLD"), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be Page 1138 INITIAL STUDY City of Tustin posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. The Tribe will work closely with the project's qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. Sources Cultural Resources Study, prepared by Brian F. Smith and Associates, 2022 (BFSA 2022), (Appendix B). Geotechnical and Infiltration Evaluation, prepared by GeoTek, Inc., 2021. (GeoTek 2021) (Appendix D). Page 1139 INITIAL STUDY City of Tustin 5.19. UTILITIES AND SERVICE SYSTEMS Would the Project: Potentially Less Than Less Than No Impact Significant Significant Significant Impact with Impact Mitigation Incorporat ed a) Require or result in the relocation or ❑ ❑ ® ❑ construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies ❑ ❑ ® ❑ available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the ❑ ❑ ❑ wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? d) Generate solid waste in excess of ❑ ❑ ® ❑ state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and ❑ ❑ ❑ local management and reduction statutes and regulations related to solid waste? Page 1140 INITIAL STUDY City of Tustin a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. Water Infrastructure. The proposed Project would redevelop the Project site, which is currently served by the City's water infrastructure. An existing 8-inch water line in Irvine Boulevard currently provides water supplies to the Project site. The proposed Project would install new water lines on the Project site that would connect to the existing 8-inch water pipeline in Irvine Boulevard. The new onsite water system would convey water supplies to the proposed residences and landscaping through plumbing/landscaping fixtures that are compliant with the CALGreen Plumbing Code for efficient use of water. The proposed Project would continue to receive water supplies through the existing 8- inch water lines located within the Irvine Boulevard right-of-way that have the capacity to provide the increased water supplies needed to serve the proposed Project, and no expansions of the water pipelines that convey water to the Project site would be required. Installation of the new water distribution lines would only serve the proposed Project and would not provide new water supplies to any off-site areas. The construction activities related to the onsite water infrastructure that would be needed to serve the proposed residences are included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout this MND. For example, analysis of construction emissions for excavation and installation of the water infrastructure is included in Sections 5.3, Air Quality and 5.8, Greenhouse Gas Emissions. Therefore, the proposed Project would not result in the construction of new water facilities or expansion of existing facilities, the construction of which could cause significant environmental effects, and impacts would be less than significant. Wastewater Infrastructure. The Project site is currently served by the existing 8-inch sewer line within Irvine Boulevard. The Project includes installation of onsite sewer lines that would connect to the existing 8-inch sewer line in Irvine Boulevard. The construction activities related to installation of the onsite sewer infrastructure that would serve the proposed Project, is included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout this MND. For example, analysis of construction emissions for excavation and installation of the sewer infrastructure is included in Section 5.3, Air Quality and 5.8, Greenhouse Gas Emissions, and noise volumes from these activities are evaluated in Section 5.13, Noise. As the proposed Project includes facilities to serve the proposed development, it would not result in the need for construction of other new wastewater facilities or expansions, the construction of which could cause significant environmental effects. Therefore, impacts would be less than significant. Stormwater Drainage. The Project would install storm drain catch basins throughout the Project site to capture and infiltrate stormwater runoff. The construction activities related to installation of the onsite storm water infrastructure that would serve the proposed Project, is included as part of the proposed Project, and would not result in any physical Page 1 141 INITIAL STUDY City of Tustin environmental effects beyond those identified throughout this MND. As the proposed Project includes facilities to serve the proposed development, it would not result in the need for construction of other new stormwater facilities or expansions, the construction of which could cause significant environmental effects. Therefore, impacts would be less than significant. Electricity, Natural Gas, & Telecommunications. Electric power, natural gas, and telecommunications facilities are in place to serve the Project without the need for construction or relocation of utility facilities. The Project would connect to the existing Southern California Edison electrical distribution facilities that are adjacent to the Project site and would not require the construction of new electrical facilities. Additionally, the Project would connect to the existing Southern California Gas natural gas distribution facilities that are adjacent to the Project site. As such, the Project would not result in the need for construction of other new electricity, natural gas, or telecommunications facilities or expansions, the construction of which could cause significant environmental effects. Therefore, impacts would be less than significant. b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. According to the City of Tustin 2020 UWMP, the City receives imported potable water from Municipal Water District of Orange County (MWDOC), obtained through East Orange County Water District (EOCWD), and local groundwater from the Orange County Groundwater Basin (OC Basin), which is managed by the Orange County Water District (OCWD) (UWMP 2020). In 2020, the City's actual water supply totaled 10,447 acre-feet (af), which included 7,034 of of untreated groundwater and 3,038 of desalinated groundwater from OC Basin, and 375 of of imported water from MWDOC/EOCWD. The UWMP projects that by 2045, the water supply mix will shift to 85% groundwater and 15% imported water. The City's water demand in 2021 was 10,374 of and is projected to decrease to 10,081 of by 2025 (UWMP 2020). The UWMP details that in 2020, the water usage in the City for was 95 gallons per day per capita, which is below its 2020 target of 151 gallons per day per capita. To provide a conservative estimate of Project water use, a generation rate of 151 gallons per capita per day was used to estimate water demand from the proposed Project. As described in Section 5.14, Population and Housing, the proposed 40 residential units are anticipated to result in approximately 116 new residents. Based on the UWMP water estimates, the Project would result in a water demand of 17,516 gallons per day (19.63 acre-feet per year). The Project's demand of 19.63 acre-feet equates to 0.18 percent of the anticipated increase in water demand. This does not include the reduction in demand from the existing office/business park use; and thus, is a conservative estimate. Based on the City's UWMP supply and demand data and the limited increase in water demand from the proposed Project, the City would have water supplies available to serve the project. In addition, the Project would limit water use by inclusion of low-flow plumbing and irrigation fixtures, pursuant to the California Title 24 requirements. Therefore, the proposed Project would have sufficient water supplies available to serve the Project, and impacts would be less than significant. Page 1142 INITIAL STUDY City of Tustin c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Impact. Orange County Sanitation District operates and maintains sewer collection pipes in the Project area that feed into Orange County Sanitation District's trunk sewers that convey wastewater to treatment plants in Fountain Valley (Plant No. 1) and Huntington Beach (Plant No. 2). Plant No. 1 has a total rated primary capacity of 108 MGD and a secondary treatment capacity of 80 MGD. Plant No. 2 has a rated primary capacity of 168 MGD and secondary treatment capacity of 90 MGD (EOCWD 2020). According to the Orange County Sanitation District Cost of Service Study, it is It is estimated that a residential project with 40 units would have an equivalent dwelling unit (EDU) or 0.7 uses generate approximately 206 gallons per day (gpd) per unit. Based on this estimate, the proposed Project would generate approximately 5,768 gallons per day (GPD). The project's wastewater generation per day is within the capacity of the two wastewater treatment plants that serve the Project site. Therefore, impacts related to wastewater treatment capacity would be less than significant. d. Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. The City contracts for residential refuse collection and solid waste materials are transported to a Materials Recovery Facility where it is sorted for recyclables. The County of Orange owns and operates the Frank R. Bowerman Sanitary Landfill, located at 11002 Bee Canyon Access Road in Irvine, which serves Tustin. The Bowerman Sanitary Landfill is permitted to accept 11,500 tons per day of solid waste and is permitted to operate through 2053. In April 2022, a maximum of 8,377 tons in a day was disposed at the Bowerman Sanitary Landfill, which provides for a remaining capacity of 3,123 tons per day (CalRecycle 2022). Construction Project construction would generate solid waste for landfill disposal in the form of demolition debris from the existing building and infrastructure that would be removed from the site. Demolition waste would be properly characterized as required by law and recycled or disposed of at an appropriate type of landfill for such materials. Construction waste in the form of packaging and discarded materials would also be generated by the proposed project. Utilizing a construction waste factor of 4.34 pounds per square foot (EPA 2003), demolition of the 47,583 square foot business park would generate approximately 103.25 tons of waste during demolition and additional waste during construction. However, Section 5.408.1 of the 2019 California Green Building Standards Code requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. Thus, the demolition and construction solid waste that would be disposed of at the landfill would be approximately 35 percent of the waste generated. Therefore, demolition activities, which would generate the most solid waste, would generate approximately 36.14 tons of solid waste. Demolition activities would occur over 20 working days period. This equates to approximately 1.8 tons of debris per day. Page 1143 INITIAL STUDY City of Tustin As described above, the Frank Bowerman Sanitary Landfill had additional capacity of approximately 3,123 tons per day. Therefore, the facility would be able to accommodate the addition of 1.8 tons of waste per day during demolition of the proposed Project, and impacts would be less than significant. Operation The CalEEMod solid waste generation rate for single-family housing is 1.06 tons per year and 8.93 tons per year for condo/townhouse uses. The Project proposes construction of 18 duplexes and four single family residences. Thus, operation of the Project would generate approximately 164.98 tons of solid waste per year; or 3.17 tons per week. However, at least 75 percent of the solid waste is required by AB 341 to be recycled, which would reduce the volume of landfilled solid waste to approximately 0.79 tons per week or 1,747.16 pounds per week. As the Frank Bowerman Sanitary Landfill has additional capacity of approximately 3,001 tons per day, the solid waste generated by the Project would be within the capacity of the landfill. Thus, the proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs and the Project would not impair the attainment of solid waste reduction goals. Impacts related to landfill capacity would be less than significant. e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No Impact. The proposed Project would result in new development that would generate an increased amount of solid waste during Project construction and operation. All solid waste-generating activities within the City is subject to the requirements set forth in Section 5.408.1 of the 2019 California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste. Additionally, the City implements the requirements established through SB 1383, which requires cities to divert 75 percent of organic solid waste from landfills through recycling services by 2025. Implementation of the proposed Project would be consistent with all state regulations, as ensured through the City's development Project permitting process. Therefore, the proposed Project would comply with all solid waste statute and regulations; and impacts would not occur. Existing Plans, Programs, or Policies PPP UT-1: Solid Waste. As required by Section 5.408.1 of the 2019 California Green Building Standards Code, and AB 341 the Project shall implement a Waste Management Plan to ensure that the construction and operational diversion requirements would be met. PPP UT-2: Organic Waste Disposal. As required by SB 1383, organic waste, including yard trimmings and food waste, will be diverted from landfills through City organic waste recycling services. Mitigation Measures None. Sources Page 1144 INITIAL STUDY City of Tustin Arcadis U.S. Inc., 2021. City of Tustin Urban Water Management Plan. Available at https://www.tustinca.org/DocumentCenterNiew/5138/Tustin-2020-UWMP California Emissions Estimator Model (CaIEEMod) Default Data Tables. Table 5.13.1 Operational Waste Generation. (Appendix A). CalRecycle. 2022. SWIS Facility/Site Activity Details Frank R. Bowerman Sanitary LF (30-AB-0360). Accessed: https://www2.caIrecycle.ca.gov/SoIidWaste/SiteActivity/Details/2767?siteI D=2103 Orange County Sanitation District. 2017. Orange County Sanitation District Cost of Service Study. https://www.ocsan.gov/home/showpublisheddocument/23431/636537053338700000 Page 1145 INITIAL STUDY City of Tustin 5.20. WILDFIRE Potential Less Than Less No ly Significant Than Impact Significa with Significa If located in or near state responsibility nt Mitigation nt areas or lands classified as very high fire Impact Incorporat Impact hazard severity zones, would the Project: ed a) Substantially impair an adopted ❑ ❑ ❑ emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other ❑ ❑ ❑ factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance ❑ ❑ ❑ of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to ❑ ❑ ❑ significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? a. Substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact. According to the California Fire Hazard Severity Zones mapping, the Project site is not within a Very High Fire Hazard Zone. Direct access to the project site would be provided from a 27-foot-wide driveway along Irvine Boulevard. The Project is required to design and construct internal access and provide fire suppression facilities (e.g., hydrants and sprinklers) in conformance with the City's Municipal Code, and the Fire Department would review the development plans prior to approval to ensure adequate emergency access pursuant to the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9, included in the City's Municipal Code (Chapter 8100, Building and Construction Codes Adopted by Page 1146 INITIAL STUDY City of Tustin Reference)). As a result, the proposed Project would not impair an adopted emergency response plan or emergency evacuation plan and impacts not occur. b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact. No Impact. As described in the previous response, the Project site is not located within a Very High Fire Hazard Severity Zone. The Project site is relatively flat with less than five feet of elevation differential across the property. The areas within the Project's vicinity also do not contain hillsides or other factors that could exacerbate wildfire risks. Therefore, no impact would occur. c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. As described in the previous responses, the Project site is not within a Very High Fire Hazard Severity Zone. The Project site is located within an urbanized area within the City of Tustin. The Project does not involve any new infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risks or result in other impacts to the environment. Therefore, no impacts would occur. d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. As described in the previous responses, the Project site is not within a Very High Fire Hazard Severity Zone. The Project site is relatively flat with less than five feet of elevation differential across the property. Likewise, areas adjacent to the Project site are relatively flat urban sites that do not contain hillsides or other factors that would expose people or structures to flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. The Project would not generate slopes and would connect to existing drainage facilities. Thus, the Project would not result in risks related to wildfires or risks related to downslope or downstream flooding or landslides after wildfires. Therefore, impacts would not occur. Existing Plans, Programs, or Policies None. Mitigation Measures None. Sources California Department of Forestry and Fire Protection (CAL FIRE). 2020. Fire Hazard Severity Zone Map. Accessed: Page 1147 INITIAL STUDY City of Tustin 5.21. MANDATORY FINDINGS OF SIGNIFICANCE Potential Less Than Less No ly Significant Than Impact Significa with Significa nt Impact Mitigation nt Impact Incorporate d a) Does the project have the potential to ❑ ® ❑ ❑ substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are ❑ ® ❑ ❑ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental ❑ ❑ ® ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact. As discussed in Section 5.4, the Project site is currently developed and does not contain habitat of a fish or wildlife species. However, the Project site contains existing Page 1148 INITIAL STUDY City of Tustin ornamental trees that could be used for nesting by common bird species that are protected by the federal Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code Sections 3503.5, 3511, and 3515 during the avian nesting and breeding season that occurs between February 1 and September 15. The provisions of the MBTA prohibits disturbing or destroying active nests. Therefore, Mitigation Measure BIO-1 has been included to require that if commencement of vegetation clearing occurs between February 1 and September 15, a qualified biologist shall conduct a nesting bird survey no more than 3 days prior to commencement of activities to confirm the absence of nesting birds. With implementation of Mitigation Measure BIO-1, potential impacts to nesting birds would be less than significant. Additionally, as described in Section 5.5, the project site does not contain any buildings or structures that meet any of the California Register of Historical Resources (California Register) criteria or qualify as "historical resources" as defined by CEQA. Additionally, the Project site is not considered sensitive to archaeological resources. Therefore, the proposed project would not cause a substantial adverse change in the significance of a historical or archaeological resource. Project grading and construction activities has the potential to encroach into native soils that have not been previously disturbed and could contain paleontological resources. Therefore, Mitigation Measure PAL-1 has been included to provide procedures to be followed in the unlikely event that potential paleontological resources are discovered during grading or excavation activities. Mitigation Measure PAL-1 requires that work shall cease within 50 feet of a find until a qualified paleontologist has evaluated the find in accordance with federal and state regulations. Mitigation Measure PAL-1 would reduce potential impacts to undiscovered paleontological resources to a less than significant level. Therefore, the Project would result in a less than significant impact with mitigation on the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than Significant with Mitigation Incorporated. The Project would develop the project site with 40 dwelling units, including 18 multi-family units and 4 single-family units. The project would provide land uses that are consistent with the adjacent residential and commercial uses. As presented in this document, potential Project-related impacts are either less than significant or would be less than significant with mitigation incorporated. Based on the analysis contained in this document, Project-related impacts would be reduced to less than significant levels with the incorporation of mitigation measures. Given that the potential project-related impacts would be mitigated to a less than Page 1149 INITIAL STUDY City of Tustin significant level, implementation of the proposed Project would not result in impacts that are cumulatively considerable when evaluated with the impacts of other current projects, or the effects of probable future projects. Therefore, the proposed project's contribution to any significant cumulative impacts would be less than cumulatively considerable. As discussed in Sections 5.1 through 5.20 of this document, mitigation would be required and incorporated as necessary. Therefore, impacts would be less than significant with mitigation incorporated. c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. The project would develop the project site with 40 dwelling units, including 18 multi-family units and 4 single-family units. The project would provide land uses that are consistent with the adjacent residential and commercial uses. Based on the project description and the preceding responses in Sections 5.1 through 5.20 of this document, implementation of the proposed Project would not cause substantial adverse effects to human beings because all potentially significant impacts of the proposed project would be mitigated to a less than significant level. Therefore, since all potentially significant impacts of the proposed Project are expected to be mitigated to a less than significant level, implementation of the proposed Project would not cause substantial adverse effects on human beings. Page 1150 INITIAL STUDY City of Tustin Chapter 2. Response to Comments on the Public Review MND This chapter of the Final Mitigated Negative Declaration (MND) contains responses to the comments that the City of Tustin (Lead Agency) received on the Public Review MND (SCH No. 2022090269) (Chapter 1 ) for the 17802 Irvine Boulevard Residential Project during the public review period, which began September 15, 2022 and originally was noticed to close October 5, 2022 but was extended and concluded on November 10, 2022. This document has been prepared in accordance with California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and the Guidelines for Implementation of the California Environmental Quality Act (State CEQA Guidelines) (Cal. Code Regs.,tit. 14, § 15000 et seq.) and represents the independent judgment of the Lead Agency. This document, together with the Public Review MND, the Revisions to the Public Review MND, and the Mitigation Monitoring and Reporting Program comprise the Final MND. The following public comments were submitted to the City of Tustin during the public review period: 1. Anita Storck, September 21, 2022 (2 pages) 2. Orange County Transit Authority, October 5, 2022 (2 pages) 3. Robert Duffy, October 5, 2022 (2 pages) 4. Tiffany Lin, City of Irvine, October 7, 2022 (1 page) 5. Orange County Sanitation District, October 10, 2022 (2 pages) 6. Prospect Park Homeowners Association, October 10, 2022 (3 pages) 7. Commenter #1, October 12, 2022 (1 page) The public comments and responses to comments are included in the public record and are available to the Lead Agency decision-makers for their review and consideration prior to making their decision whether to approve the proposed Project. Pursuant to State CEQA Guidelines Section 15074(b) Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration, none of the comments provide substantial evidence that the Project will have significant environmental effects which would require preparation of an Environmental Impact Report. Further, none of the information in the letters or responses constitute the type of significant new information that requires recirculation of the MND for further public review under State CEQA Guidelines Section 15073.5 Recirculation of a Negative Declaration Prior to Adoption. None of this new material indicates that the Project will result in a significant new environmental impact not previously disclosed in the 17802 Irvine Boulevard Residential Project MND. Additionally, none of this information indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in State CEQA Guidelines Section 15073.5. This Response to Comments includes revisions to the Public Review Draft MND based upon: (1) clarifications required to prepare a response to a specific comment; and/or (2) typographical errors. These revisions do not alter any impact significance conclusions as disclosed in the MND. Changes made to the MND are identified as s#rikeeut text to indicate deletions and in underlined text to signify additions within Chapter 1 of this document. Although State CEQA Guidelines Section 15088 does not require a Lead Agency to prepare written responses to comments received, the City of Tustin has elected to prepare the following written responses with the intent of providing a comprehensive and meaningful evaluation of the proposed Page 12-1 INITIAL STUDY City of Tustin Project. The number designations in the responses are correlated to the bracketed and identified portions of each comment letter. Page 12-2 INITIAL STUDY City of Tustin COMMENT LETTER 1: Anita Storck, September 21, 2022 (2 pages) �ay Yti'-,heti+{4r.1 I mo{ �.aa°tifm� AA. ti1� 4- Fle— I } `r 4 •� ��L � �rdJ'��•.JII"`�'r �d�?'�y�-r•1L�R+• ld k.L'"-" ; _ F,�r�._�;�_ 41ti � �•W� ,�'�,•. ;Lusa �S M� {'}• '�,t•t•�# 4 Tl 6L 0 Page 12-3 INITIAL STUDY City of Tustin 'Tf e.LLI J-M 11A L JL xr,- Page 2-4 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 1: Anita Storck, September 21, 2022 Response to Comment 1.1: The commenter states that they live in Prospect Park near the Project site. The commenter indicates that the density of the proposed Project is too large for the size of the Project site. The Project would require a General Plan Amendment to change the existing land use designation from Professional Office (PO)to High Density Residential (HDR).The HDR designation provides for residential uses at a density of between 15 and 25 dwelling units per net acre. The proposed Project would result in a density of 19.3 dwelling units per acre, which would not exceed the allowable density for the proposed land use designation. The Project would require a zone change from Retail Commercial (C1) with a Parking (P) overlay to Multiple Family Residential (R-3). The proposed R-3 zoning would allow for multiple family dwellings with a minimum lot area of 1,750 SF per dwelling unit and a maximum lot development of 65 percent. The Project proposes approximately 2,250 feet per dwelling unit and would result in 36.7 percent of lot coverage. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.2: The commenter states that the Project would provide 11 guest parking spaces, which would be too few for the number of dwelling units proposed. The Project would include 90 parking spaces, inclusive of 80 garage spaces and 10 head-in spaces. Per Tustin Municipal Code Section 9263,the Project is required to provide two covered spaces for each dwelling unit, plus one unassigned guest space for every 4 units. The Project would comply with the City parking requirements. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.3:The commenter states that the Project would increase traffic on Irvine Boulevard, which is already a busy street. As described in Section 5.17,Transportation, Response b.of the MND,the Project would generate 295 fewer daily trips than the existing land use. Additionally, a Focused Traffic Study Analysis was prepared by EPD Solutions that indicated the Project would have a less than significant impact on level of service (LOS) of Irvine Boulevard intersections with Prospect Avenue and the Project's driveway. A copy of the Traffic Study, and other engineering documents,is available upon request at the City of Tustin Planning Division and public records subject to the California Public Records Act. Contact information for the project's planner were provided in the MND should the commenter want to view additional plans not provided in the MND. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.4: The commenter states that the proposed buildings would be three stories high, which would be too high compared to buildings within the surrounding area. The commenter asserts that the buildings should be a maximum of two stories. The City's R-3 zone allows for a maximum building height of 35 feet. The proposed buildings would be a maximum of 34 feet and 10 inches. Therefore, the Project would be consistent with the R-3 development standards.The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.5:The commenter requests consideration of their comments.The comment letter has been in the record and considered. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-5 INITIAL STUDY City of Tustin COMMENT LETTER 2: M OCTA AFFXM7MAGOCES October 5,2022 C geC r OV Ms-Leila Carver 7--P-bc- Senior Planner Consultant 'ter City of Tustin—Community Development Department ys 300 Centennial Way FrL— Tustin CA 92780 rw�z , Agawy Subject: Notice of Intent to Adopt a Mitigated Negative Declaration and ' AWncy Initial Study for the Tustin lntracorp Multifamily Resldential P roj ect Dear Ms_ Carver. Thank you for providing the Change County Transportation Authority (OCTA) with the Notice of Intent and Initial Study for the Tustin Intracorp Multifamily 21 Residential Project (Project). The following comments are provided for your consideration: Page 130(Section 5.17 'Transpgrtation'.Subsection 'a'.) First paragraph('Transit Services'):revise to in dude routes 59,64,70, 2.2 72,79,90, 167,472,and 473. Unit routes 22,65,75,and 85. • Secdnd paragraph("OCTA Route 64 and 71 are the closest...')_revise 3 text from"5:00 a-m. to 11:00 p_m."to`5.10 a.m.to 11:00 p.m-"when ` describing weekend service on Route 64_ • Second paragraph:revise textfrom"5:33 a.m_to 10:18 p.m"to"5:20 a-m.to 10:45 p.m."when describing Monday through Friday service on 2.4 Route 71,and°`6:00 a-m.to 10:00 p.m_"to"5:45 a-m.to 6:15 p_m."when describing weekend service on Route 71. • Second paragraph:revise text to replace"20-minute headways'with "15-minute headways"when descrtbing Route 64 and specify that the 2.5 15-minute headways occur on both the weekdays and the weekends_ ■ Second paragraph: revise text to replace"one-hour headways'with "45-minute headways"when describing Route 71 and specify that the 2.6 45-minute headways occur on both the weekdays and the weekends- * Second paragraph:revise text to replace the route descriptors"Route 64 runs from the Westminster Mall Area east"and"Route 71 rums from 2.7 Hoag Hospital north'to"Route 64 nuns from the Westminster Mall Area along Bolsa/First St.to the Larwin Square shopping area"and"Route 71 Page 2-6 INITIAL STUDY City of Tustin Ms.Leila Carver October 5, 2022 Page 2 runs from the Hoag Hospital along Newport Blvd, Red Hill Ave,and I ,� Tustin St. to the Placentia Linda Hospital", respectively- J Throughout the development of this project, we encourage communication with OCTA on any matters discussed herein. If you have any questions or comments, $ please contact meat(714)-560-5907 oral dphu octa.net- Sincerely, Dan Ptiu Manager, Environmental Programs Page 2-7 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 2: Orange County Transit Authority, October 5, 2022 (2 pages) Response to Comment 2.1: The commenter states that the letter is written on behalf of the Orange County Transit Authority (OCTA) and introduces the comments that follow.This comment is introductory and no further response is warranted. Response to Comment 2.2 through 2.7: The commenter proposes several revisions to Section 5.17, Transportation of the Public Draft MND regarding local bus transit operations. The Final MND has been revised to include all proposed revisions. Changes can be found on page 130 of the Final MND. Response to Comment 2.8: The commenter provides contact information for coordination on any future Project-related requests or questions. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-8 INITIAL STUDY City of Tustin COMMENT LETTER 3: Robert Duffy, October 5, 2022 (2 pages) October 5,2022 City of Testi n Community Development Dept. Attn.Leila Carver 300 Centennial Way Tustin,CA 92780 PROJECT NO(S).: General Plan Amendment 2022-.DOC'.=one Change 2022-0001,Subdivision 2022-0002,Design Review 2022-0004,and Development Agreement 2022-W02 Dear Planni ng Com missia n Members and the City of Tustinr M y wife and I live in the Prospect Park Homeowners Assoclations'(PP HOA)off Prospect Ave to the south of the p lanned 3.1 project.While we feel the project could be a plus for the neighborhood,we do have some concerns about the project at 17702&17842 Irvine Blvd-,Tustin,CA 92780-Based on the information currently on your website,we have concerns about the following: 1- Landscape-Based on the plans on your website,it's my understanding that all the trees along our northern property line will be removed and not replaced,depending on which page of the proposed project you read. Trees along the property line create additional privacy,shading,and noise reduction and add to the environm ent.Having j ust a cold,barren wall along ou r two property lines would be a detriment to ou r residence and futu re res iden€es to the north of us and could affect ou r property va lues-I'm pretty sure they don't want to look at the tops of ou r roofs any more than we would I ike to look at three stories bui Idi ngs-Tusti n is know n for 3._ having a high tree per square m ile count;let's keep it that way a nd ensure we have some trees or bushes between our properties- a. On page 21,the"Conceptiona I Site Plan"looks like there are trees or bushes on the project's property lines a long the project's east,west,and south sides,wh ich is great depending on the type of trees or bushes.But on page 37,in the"Conceptional Landscape Plan,"they eliminate almost all of them and leave none along the southern property line-This concerns our family,and we ask that you modify it to be closer to the"Conceptional Site Plan"on page 21. 2. Parking-While the project's lack of parking doesn't directly affect us,it could indirect y affect us.We are concerned that because of it and the lack of street parking on Irvine Blvd-,the future homeowners and guests to the project may affect parking on Prospect Ave directly in front of our assodation to the west of us. a. Prospect Park Homeowners Assodation has 40 homes,as will this project,but we have three assigned parking spots per home(2 garages&i assigned parking stall outdoors)with an additional 16 visitor parking spaces for a total of 135 parking spats vs.the project only has two parking spots per home(2 3 garages},with 11 visitor parking spaces for a total of 91 parking spots-That means they have 45 fewer parking spots available to guests and residents than Prospect Park HOA.Even with our additional 45 parking spares available,which this project doesn't have,our guests or we occasionally have to park out on Prospect Ave between our two entrances.There is no street parking on I rvine Blvd,so that I eaves street parking on Prospect Ave.,Orangewood Ln.,or Fashion Ln-for overflow or,I'm guessing here,in the commercial parking lots to the east and west of the project. Page 1 of 2 Page 2-9 INITIAL STUDY City of Tustin �.a Thank you in advance for reviewing my concerns and considering them when reviewing and approving this project.tf you have any questions or concerns,you may contact me at 714-299-3324 or reduffv9MMemail.com. Respectfully,. Robert E.Duffy Resident 341 Prospect Park Tustin,CA 92780 Page 2 of 2 Page 12-10 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 3: Robert Duffy, October 5, 2022 (2 pages) Response to Comment 3.1: The commenter states that they and their wife live in Prospect Park and have concerns regarding the proposed Project. This comment is introductory and no further response is warranted. Response to Comment 3.2: The comment states that based on the Project plans, trees along the northern property line will be removed and not replaced.The commenter states that the trees create privacy,shading, noise reduction and the proposed perimeter wall would be cold and barren and would impact property values. The commenter adds that Tustin is known for having a high tree count and they wish to maintain the trees and bushes between the Prospect Park and proposed Project. Additionally, the commenter notes that Figure 3-1, Conceptual Site Plan, on page 21 of the Public Draft MND,the Project proposes trees or bushes on the east, west, and south perimeter of the Project site. However, in Figure 3-4, Conceptual Landscape Plan, on page 37 of the Public Draft MND, the Project doesn't include trees or bushes along the perimeter. The commenter states preference for the Conceptual Site Plan, which includes trees or bushes along the perimeter between the Project and Prospect Park. Figure 3-1, Conceptual Site Plan, and Figure 3-4, Conceptual Landscape Plan, have been updated and are now consistent. A block wall is proposed along the western, southern, and eastern perimeter of the Project site. The preparation of the Draft IS/MND was conducted pursuant to CEQA Statute and CEQA Guidelines. A Project's impact on property values is not analyzed as part of any of the environmental topics under CEQA. Proposed landscaping would comply with applicable landscaping requirements, which include the City's Section 7308 of Article 7, Chapter 3 requirement for the protection of "trees, plants or shrubs in or growing upon or over any public parkway street, highway, alley, right-of-way, City-owned property in the City",the lot coverage maximum of 65 percent for the Multiple-Family Residential (R-3)zone (Section 9226 of the City's Municipal Code), as well as, the City's water-efficient landscape standards (Chapter 7 of the City's Municipal Code). The interior and exterior of the southern perimeter block wall would be vegetated for aesthetic treatment. No further information is required,and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 3.3: The commenter states that Project's lack of guest parking could indirectly affect Prospect Park's parking by causing spillover onto Prospect Avenue. The commenter provides information on Prospect Park's parking per unit and states the Project's parking would 45 fewer parking spaces than Prospect Park. The commenter notes that Prospect Park residents occasionally have to park on Prospect Avenue due to lack of parking. The commenter points out the overflow areas likely to be used by residents of the Project would be Prospect Avenue, Orangewood Lane, Fashion Lane, or commercial parking lots to the east and west. The Project would include 90 parking spaces, inclusive of 80 garage spaces and 10 head-in spaces. Per Tustin Municipal Code Section 9263,the Project is required to provide two covered spaces for each dwelling unit, plus one unassigned guest space for every 4 units. The Project would comply with the City parking requirements. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 3.4:The commenter provides contact information for any future questions or concerns. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-11 INITIAL STUDY City of Tustin COMMENT LETTER 4: City of Irvine, October 7, 2022 (1 page) -� OF !,q U M October 7,2022 Leila Carver,Senior Planner Consultant 300 Centennial Way Tustin, CA 92780 Subject: General Plan Amendment, Zone Change, Subdivision, Design Review. and Development Agreement for Intracorp Residential Dear Leila Carver- Stall arverStaff is in receipt of the notice of intent to adapt a mitigated negative declaration for the request to demolish two existing two-story office buildings in order to construct a new mvlb4amily residential development project at 17802 and 17842 Irvine Boulevard_ The project includes a General Plan Amendment, Zone Change, Subdivision, Design 4.1 Review, and Development Agreement to facilitate the development of 40 three-story residential units within '18 duplexes and four single family residences_ Staff has reviewed the project proposal and has no comments. If you have any questions,please contact me at tilin4cWtyofirvine_org or 949-724-636,1- Sincerely. Tiffany Lin Associate Planner ec: Kerwin Lau, hlanagerof Planning Services Marika Poynter, Principal Planner Page 2-12 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 4: City of Irvine, October 7, 2022 (1 page) Response to Comment 4.1: The commenter verifies receipt of the Notice of Intent (NOI) for the Project and provides their understanding of the proposed Project.The commenter states that they have no comments and provides contact information should the City have any questions. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-13 INITIAL STUDY City of Tustin COMMENT LETTER 5: Orange County Sanitation District, October 10, 2022 (2 pages) loiE u .,c-ue OC. 6SAN Fpuntawn 4ai'+ey 714.952.2411 ORANGE COUNTY SAWATION DISTRICT www-weein gav October 10, 2022 Leila Carver, Senior Planner Consultant ON of Tustin Community Development Department 300 Centennial Way �y❑regE Tustin, CA 92780 Email:LCarvertustinca.org SIJBJECT: Notice of Intent to Adopt a Mitigated Negative Declaration for General Plan Amendment 2022-0001, Zone Change 2022-000 1, Subdivision 2022-0002, Design Review 2022-0004 and Development Agreement 2022-0002 for the Intracorp Residential project LA KAMA Thank you for providing the Notice of Intent to Adopt a Mitigated Negative 1A"—a Declaration for General Plan Amendment 20.22-0401,Zone Change 2022-0001, LusAlanu-as 5.1 Subdivision 2022-0002, Design Review 2022-0004, and Development r1 n-'A Bemh Agreement 2022-0002 for the Intracorp Residential project. Orange County Sanitation District (OC San) has reviewed it and would like to bring to your ot";mga attention a requirement, as it applies to your project. f=4a❑ERroz This project is proposing to demolish two existing two-story office buildings and sanaa,Ana construct a new, multifamily residential development project at the project location- Please be advised that there is a connection that services this site and it there are any modifications needed to the connection to GC San system(such 51AW00 as upsizing), a trunk connection permit will be required. Please see picture -FL,s;n below identifying existing sewer line connection. VI1I.4 Purl+ i:.❑M7y Lrr c7ra n V- 5.2 d"ui Mrs Sanna*y Difivict A h'IICIWFG W rr Sdnlrary DkiL itl hone Rano � t'ortx3llrrda khRar�r 1a�5q c. qwr AftZ On: to ptofod pWe heWrh ar,d the envrro merit Izv ve wryh*effsdive,wa.Vew2brer toikodiarr,tr i0mernr,land rticyc71rig. Page 2-14 INITIAL STUDY City of Tustin (MANCIECnii47V SANITATANN $TRICT Leila Carver,Senior Planner CclisuItant October 10,2022 Page 2 of 2 s.v f If you have any questions regarding this letter, please contact Kevin Hadden at L 714 593-7462 or KhaddenC&acsan.Qay. Justin Fenton Engineering Manager Planning Division 714 593-7386 KWRsa httpsJ4x* oy.sharepo nt:mnJsites PlanningrCEOA Ex1emalty Generaled+2i773.3 Comment Letbars1Cityof Tustin MND 2CM1111I}_doex cc: Daniel Lee Page 2-15 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 5: Orange County Sanitation District, October 10, 2022 (2 pages) Response to Comment 5.1: The commenter states they have reviewed the NOI and would like to call attention a requirement that applies to the Project. The comment is introductory in nature. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 5.2:The commenter indicates there is an Orange County Sanitation District connection that services the site and any modifications needed to the sewer (such as upsizing) would require a trunk connection permit. A picture is provided illustrating the location of the sewer line. The Project does not currently propose any modifications to the existing sewer facility and the requirement for a trunk permit is not anticipated. The City and applicant will coordinate with the Orange County Sanitation District as necessary throughout the course of the Project. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 5.3:The commenter provides contact information for any future questions or concerns. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-16 INITIAL STUDY City of Tustin Prospect Park Homeowners Association 201-392 Prospect.Park,Tustin,CA 92 780 overflow available only on Prospect Ave„Orangewood tn.,or Fashion tn.for overflow or,we guess,in the commercial parking lots to the east and west of the project L We're not sure what the fix is,however,like the residents of Palmwood Gardens HOA brought it up at a. recent meeting put on by Intracorp Homes,we felt we should voice our concerns,too,so you can see if 6-3 there is a way to add a few more parking spaces to the project if possible. Thank you in advance for reviewing our concerns and considering them when reviewing and approving this project.If you have any questions or concerns,you may contact meat 714299.3$x4 or reduffy9@gFnaii.corn,and I will forward it to the Board for review and response. Respectfully, Robert E.Duffy President,Prospect Park HOA Mailing Address: Prospect Park Homeowners Association Care Of PowerStone Property Management Attn.Jason Ba#adad 9060 Irvine Center Drive Irvine,CA 92618 Page 3 of 3 Page 12-17 INITIAL STUDY City of Tustin COMMENT LETTER b: Prospect Park Homeowners Association, October 10, 2022 (3 pages) Prospect Park Homeowners Association 201-392 Prospect Park,Tustin,CA 92780 October 10,2022 City of Tustin Community Development Dept. Attn.Leila Carver 300 Centennial Way Tustin,CA 92780 PROJ EC I NO(S).: General Plan Amendment 2022-0001,Zone Change 2022-0001,Subdivision 2022-0002,Design Review 2022-0004,and Development Agreement 2022-0002 Dear Planning Commission Members and the City of Tustin, The Prospect Park Homeowners Associations'(PPHOA)Board of Directors(Board)has drafted this letter to be added to the public comments regarding this project based on concerns the Board feels could affect our association as a whole which we are responsible for.This letter is not intended to conflict with any additional personal concerns of individual homeowners or residents of our community. It is only a reflection of the Board's point of view with respect to their 6_1 responsibilities to our community. While we realize that progress must happen and some projects will occur to the north of us at 17702&17842 Irvine Blvd.,Tustin,CA 92780,no matter how good the project might be,there are still always concerns by those that could be affected by it.At first look,we feel the project will be a positive addition to Tustin.However,based on the current limited information we possess,here are the Board's concerns on behalf of the association's property for which it is responsible: 1. Our Northern Wall-The Board understands that there will be substantial excavation along our northern property line,along with the addition of a new retaining wall and privacy wall within the project's property line. a. The Board is concerned that our wall along the property line on our property is protected and that it is not compromised in anyway while excavation operations are being conducted.Also,during the construction phase of the retaining wall or privacy wall on their property. b. Should structural instability or damage be caused to our wall because of their work,we would expect the project property owners and or contractors would stabilize,repair,or replace it with a similar wall using in kind product and workmanship at their cost to our satisfaction. c. There has been some discussion with Intracorp Homes and the Board at possibly removing parts of PPHOAs northern wall completely.While the Board of directors has not agreed to this,it would be willing to review a proposal from Intracorp Homes and consider it. d. Lastly,we would ask that whatever wall they build be neighborly and make sure that the side that faces out is aesthetically pleasing to PPHOA as much as it will be on their side to their future residence. Page 1 of 3 Page 2-18 INITIAL STUDY City of Tustin Prospect Park Homeowners Association 201-392 Prospect Park,Tustin,CA 92780 2. Water Flow—Currently,no water flows from the property to the north of our property line onto our property; we do not want the slope of the project to change,where water runoff could flow onto PPHOA's property.If 6 2 that is the intention or there will be the need for an emergency overflow onto PPHOA's property,we would request an environmental report be completed to ensure that it would not affect our property negatively before approval by us or the city. 3. Power&Utility Lines—While these lines are not the property of PPHOA,they do affect us. a. We want to ensure that the same care that should betaken concerning our wall is also taken with the power lines that run along our northern property line to avoid structural concerns and service outages to the residents of PPHOA. b. Weare currently grandfathered in with respect to above-ground powerlines.Should this project require the lines that serve our community to be placed underground,we would expect the cost of that to be 6-3 handled by the city,utility companies,or Intracorp Homes as part of their project after review and approval by the Board and our homeowners. 4. landscape—We understand that all the trees along our northern property line will be removed and not replaced depending on which page of the proposed project you read.Trees along the property line create additional privacy,shading,and noise reduction and add to the environment.Having just a cold,barren wall along our two property lines would be a detriment to our residences and future residences to the north of us and could affect our property values.We're sure they don't want to look at the tops of our roofs any more than our members would like to look at three stories of walls.Tustin is known for having a high tree per square mile count;let's keep it that way and ensure we have some trees or bushes between our properties. a. On page 21,the"Conceptional Site Plan,"it looks like there are trees or bushes on the project's property lines along the project's east,west,and south side,which is great depending on the type of trees or bushes.But on page 37,in the"Conceptional Landscape Plan,"they eliminate almost all of them and leave none along the southern property line.This concerns the Board and homeowners of PPHOA,and we ask that you modify it to be closer to the"Conceptional Site Plan"on page 21. b. Intracorp Homes has suggested a trellis with vines to add an additional two feet to the six-foot wall that will be going up for a total of eight feet above grade.We'd be willing to review it to see what they envision,but we feel trees or bushes would allow for a higher natural privacy feature and require less maintenance and future costs.Trellis need replacement sooner or later,which is more complex to replace than just a tree or bush that dies because you also have to remove and replace what was on the trellis. 5. Parking—While the project's lack of parking doesn't directly affect us,it could indirectly affect us.We are concerned that because of it and the lack of street parking on Irvine Blvd.future homeowners and guests to the project may affect parking on Prospect Ave directly in front of our association to the west of us or,worse,onto our property. a. We have 40 homes,as will this project,but we have three assigned parking spots per home(2 garages& 1 outdoors)vs.this project has two(2 garages),and we have an additional 16 visitor parking spots with the 11 this project has.Which means we have 45 more locations available to guests and residents than the project,and even with that quantity our additional 45 parking spaces available that this project doesn't have,occasionally,homeowners and guests overflow from our parking onto Prospect Ave between our two entrances.There is no street parking on Irvine Blvd,so that leaves street parking for Page 2 of 3 Page 2-19 INITIAL STUDY City of Tustin Prospect Park Homeowners Association 201-392 Prospect Park,Tustin,CA 92780 overflow available only on Prospect Ave.,Orangewood Ln.,or Fashion Ln.for overflow or,we guess,in the commercial parking lots to the east and west of the project. b. We're notsure what the fix is,however,like the residents of Palmwood Gardens HOA brought it up at a recent meeting put on by Intracorp Homes,we felt we should voice our concerns,too,so you can see if 6,3 there is away to add a few more parking spaces to the project if possible. Thank you in advance For reviewing our concerns and considering them when reviewing and approving this project.If you have any questions or concerns,you may contact meat 714-299-3824 or reduffv9Pgmail,cam,and 1 will forward it to the Board for review and response. Respectfully, 46"t�* Robert E.Duffy President,Prospect Park HOA Mailing Address: Prospect Park Homeowners Association Care Of PowerStone Property Management Ann.Jason Baladad 9050 Irvine Center Drive Irvine,CA 92.618 Page 3 of 3 Page 12-20 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 6: Prospect Park Homeowners Association, October 10, 2022 (3 pages) Response to Comment 6-1: These comments are not related to the adequacy of the CEQA document the comment does not contain any information requiring changes to the MND. No further response is warranted and no response is required. Response to Comment 6-2:This comment states concern regarding changes between the existing stormwater runoff volume and drainage patterns and proposed conditions. As stated in the Preliminary Water Quality Management Plan (WQMP) prepared for the Project,the proposed Project would reduce imperviousness of the Project site from 95 percent to 90 percent, increasing the overall infiltration capacity. The Project site currently drains to two low points, one to the north on Irvine Boulevard, and the other at the southwest corner of the site. The proposed site would follow similar drainage pattern as the existing and is split between two drainage areas with catch basins in the north and southwest corners. Project site surface flows would be directed into an area drain system, or into onsite curb and gutters which would convey the flow to the underground storm drain system. All flows would be conveyed to an infiltration detention pipe where stormwater would be stored onsite until it can percolate into the ground. During a major storm event when the detention pipe fills to capacity, the stormwater would be directed to match the existing flow pattern. There are are two emergency overflow locations proposed, one a parkway culvert on Irvine Boulevard to the north and the other through a grate inlet in the southwest corner that would outlet to the existing parking lot gutter in 17772 Irvine Boulevard to the west (see Appendix G). The Project would not increase offsite flows to the south onto the Prospect Park property. According to the Hydrology Report completed for the Project, the drainage design for the Project site has been designed to meet the County of Orange Flood Control Standards and per City of Tustin requirements (see Appendix H). Therefore, the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 6-3: These comments are not related to the adequacy of the CEQA document the comment does not contain any information requiring changes to the MND. No further response is warranted and no response is required. Page 12-21 INITIAL STUDY City of Tustin COMMENT LETTER 7: Commenter #1, October 12, 2022 (1 page) ct is still in the entitlement phase and a public hearing ri;,z r„ teen scheduled. A notice of the public hearing will be provided prior to any future public hearing in accordance with the Tustin City Code and State laud. If you have any questions relative to process or timing,please fell free to give me a call at phone number below Thank you,-Leila Leila Carver Senior Planner Consultant iElsn� 300 C e'573 jial6Way.F: Tustin, -3 92780 P:71 4,573-3126 F:714-573-3113 Icar�rer(cDtustinca.orp I tu8tinca.oro .. STAY CQNNE CTE13 AMTH US: •Download our app—Apple Store•Goggle Play •Fo11owus—F acehook•Twitter •JoinourneAdetter From• Sent:Wednesday,October 12,217226:34 AM To:Carver,Leila<LCarver(Qtustinca.ora> Subject:lntracorp Proposed Project on Irvine Blvd. Dear Leila Carver, The rezoning from business to high-density residential should be rejected by the planning board. ]7-1 This project does nothing good forour community. Firstly, it radically changes the character of the neighborhood and is inconsistent with all other structures in the area at 3 stories.There is already a 7-2 high concentration of high-density residential in our area.With higher increases in papulation density, there is a higher increase in crime. ,Also, keep in mind that you are going to subject us to 2 years of increased noise, dust, and traffic issues.We already have to deal with jets flying overhead,Tiller day noise, and Concerts in the park 7-3 noise- Th e oise.The only rezoning to residential that should be considered would be for Ioxn Density residential. which is nlore consistent with the surrounding area. This would also present a more favorable Str eel Meso, 7-4 (same scale as Palmwood's street view across from the park—better aesthetics). 2 Page 12-22 INITIAL STUDY City of Tustin Carver, Leila From: Sent: Friday,October 14,2022 9:29 AM To: Carver,Leila Subject: Re:Intracarp Proposed Project on Irvine Blvd,. Follow Up Flag: Fellow up Flag Status_ Flagged My mailing address is Thanks again On Oct 14,2022,at 8:59 AM,Carver,Leila<LCarver@tustinca.org>wrote: Hi W Please confirm your mailing address here so that I ensure any future notice of public hearing is sent to you. we can also email notice to you. Thant:you, -Leila From: Sent:Friday,October 14,2022 5:07 AM To:Carver,Lela<LCarver[?tu5tinca.org> Cc:Barragan,Raymond<RBarragan(R7u tustinca,org> Subject:Re:Intracorp Proposed Project on Irvine Blvd, Yes-please redact my name and contact information. If the notice of the public hearing will not be emailed or delivered to me by the post office, please let me know how I can find out about it. Thanks for your help On T1 uisday,October 13,2022 at 02;55:27 PM POT,Carver,Leila eic3ryenQtustinca.oro}wrote. Gong at erroon- We are in rec--171&,:=1.ir e n;ni n Ehe proposed n=7 ':-rtiul pro, _I :ed 81 17802117842 Irvine Blvd,and your comments mil be incl 1,-;!n i 1 91 1 r ,1 I •; and contact iso per your request to remain anonymous Page 12-23 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 7: Commenter #1, October 12, 2022 (1 page) Response to Comment 7.1: The commenter states that the Project's proposed rezone should be rejected by the Planning Commission. The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response is required. Response to Comment 7.2: The commenter states the Project would not be beneficial to the community. Additionally, the commenter asserts that the Project would dramatically change the Project site's existing character due to the proposed buildings being three stories. Finally, the commenter states that the Project would increase density, and therefore, would increase crime in the area. Under Response c) in Section 5.1,Aesthetics,of the Draft Initial Study Mitigated Negative Declaration (Draft ISMND), the Project is analyzed for consistency with the Project site's existing character. Because the Project is in an urbanized area, character consistency is dependent on consistency with the applicable zoning code and development standards. The Project would be consistent with applicable standards of the Multiple- Family Residential (R-3) zone and development standards and also consistent with maximum allowed level of density per the High Density Residential (HDR) land use designation, and therefore, would have a less than significant impact on visual character. Additionally, the maximum height requirement for the R-3 zone is 35 feet. The Project would be 34 feet and 10 inches, which would be within the zone's height limits. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 7.3: The comment asks that the City keep in mind that the residents will be exposed to two years of construction noise, increased dust, and traffic issues in addition to existing noise sources. As analyzed under Section 5.3, Air Quality, Section 5.13, Noise, and Section 5.17, Transportation, Project construction is anticipated to result in a less than significant impact on air quality,noise,and traffic. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 7.4: The commenter states that the only zoning that should be considered for the Project site is low-density residential. Additionally, the commenter states that low-density residential would provide favorable street views and is more consistent with surrounding land uses.The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response in required. Response to Comment 7.5: The commenter states that meetings with the applicant and City have been unproductive, poorly scheduled, and people have been absent from them. The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response in required. Response to Comment 7.6: The commenter indicates dissatisfaction with their lack of opportunity for input on the Project. The commenter asserts that opinions on the Project by the public have not been taken into account.The commenter requests that residents be able to voice their concerns during the Planning Commission hearing. The Planning Commission hearing will provide an opportunity for public comment. The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response in required. Page 12-24 Resolution No. 4461 EXHIBIT B OF RESOLUTION 4461 Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Introduction The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a "...reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment" (CEQA, Public Resources Code Sections 21081, 21081.6). A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the project. The City of Tustin is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP. Mitigation Monitoring and Reporting Program The MMRP for the Project will be active through all phases of the Project, including design,construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the City to mitigate or avoid significant impacts associated with the implementation of the Project,the timing of implementation, and the responsible party or parties for monitoring compliance. The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed. This page intentionally left blank. K-2 TABLE 1:MITIGATION MONITORING AND REPORTING PROGRAM Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials BIOLOGICAL RESOURCES Mitigation Measure BIO-1:Migratory Bird Treaty Act.Prior to In the event that City of Tustin Planning commencement of grading activities,the City Building Division shall verify vegetation and tree Division that,in the event that vegetation and tree removal activities occur within the removal activities occur active breeding season for birds(February 1—September 15),the Project within the active applicant(or their Construction Contractor)shall retain a qualified biologist breeding season for birds (meaning a professional biologist that is familiar with local birds and their (February 1—September nesting behaviors)to conduct a nesting bird survey no more than 3 days prior 15),the Project applicant to commencement of construction activities. shall retain a qualified The nesting survey shall include the Project site and areas immediately biologist to conduct a adjacent to the site that could potentially be affected by Project-related nesting bird survey 3- construction activities,such as noise,human activity,and dust,etc.If active days prior to nesting of birds is observed within 100 feet of the designated construction commencement of area prior to construction, the qualified biologist shall establish an construction activities. appropriate buffer around the active nests (e.g., as much as 500 feet for Prior to grading permit. raptors and 300 feet for non-raptors[subject to the recommendations of the qualified biologist]),and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. CULTURAL RESOURCES Mitigation Measure CUL-1: Inadvertent Discovery.In the event that potential Confirmation of City of Tustin Planning archaeological resources are discovered during excavation, grading, or professional Division construction activities, work shall cease within 50 feet of the find until a archaeologist qualified archaeologist from the City or County List of Qualified Archaeologists retention/ongoing/monit has evaluated the find to determine whether the find constitutes a "unique oring/submittal of Report archaeological resource," as defined in Section 21083.2(g) of the California of Findings;halt all work Public Resources Code.Any resources identified shall be treated in accordance within a 50-foot buffer of with California Public Resources Code Section 21083.2(g). If the discovered an inadvertent discovery; K-3 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials resource(s)appears Native American in origin,a Native American Monitor shall ensure plans state be contacted to evaluate any potential tribal cultural resource(s)and shall have requirements.Prior to the opportunity to consult on appropriate treatment and curation of these demolition and grading resources.The discovery would also be reported to the City and the South permits and during Central Coastal Information Center(SCCIC). subsurface excavation. Priortothe issuance of any permits for ground-disturbing activities that include the excavation of soils(including as grading,excavation,and trenching),the City of Tustin shall ensure that all Project grading and construction plans and specifications include requirement to halt construction activity and contact an archaeologist as specified above. GEOLOGY Mitigation Measure PAL-1:Paleontological Resources.Prior to issuance of a Verify that all Project Qualified grading permit,the City of Tustin Building Division shall verify that all Project grading and construction Paleontologist/City of grading and construction plans and specifications state that in the event that plans and specifications Tustin Planning Division potential paleontological resources are discovered during earth disturbance state that in the event activities,the discovery shall be cordoned off with a 100-foot radius buffer so that potential as to protect the discovery from further potential damage until a qualified paleontological resources paleontologist(i.e.,a practicing paleontologist that is recognized in the are discovered during paleontological community and is proficient in vertebrate paleontology)from earth disturbance the City or County List of Qualified Paleontologists has evaluated the find in activities,the discovery accordance with federal and state regulations.Construction personnel shall shall be cordoned off not collect or move any paleontological materials and associated materials. with a 100-foot radius If the discovery is determined to be significant by the paleontologist,a buffer until a qualified Paleontological Resources Impact Mitigation Plan(PRIMP)shall be paleontologist from the implemented,which will include notification of appropriate personnel City or County List of involved and monitoring of earth disturbance activities: Qualified Paleontologists has evaluated the find. Prior to grading permit. K-4 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials 1. Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontological monitor. Monitoring will be conducted full-time in areas of grading or excavation in undisturbed sedimentary deposits. 2. Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner.Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined on exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist,who will then notify the concerned parties of the discovery. 3. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities.Fossils are collected and placed in cardboard flats or plastic buckets and identified by field number,collector,and date collected.Notes are taken on the map location and stratigraphy of the site,which is photographed before it is vacated,and the fossils are removed to a safe place.On mass grading projects,discovered fossil sites are protected by flagging to prevent them from being overrun by earthmovers(scrapers)before salvage begins.Fossils are collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units.If the site involves remains from a large terrestrial vertebrate,such as large bone(s)or a mammoth tusk,that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find,encase the find within a plaster and burlap jacket,and remove it after the plaster is set.For large fossils,use of the contractor's construction equipment may be solicited to help remove the jacket to a safe location. K-5 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials 4. Isolated fossils are collected by hand,wrapped in paper,and placed in temporary collecting flats or five-gallon buckets.Notes are taken on the map location and stratigraphy of the site,which is photographed before it is vacated,and the fossils are removed to a safe place. 5. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to several five-gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field,a concentrated sample may consist of one or two buckets of material.For vertebrate fossils,the test is usually the observed presence of small pieces of bones within the sediments.If present,as many as 20 to 40 five gallon buckets of sediment can be collected and returned to a separate facility to wet screen the sediment. 6. In accordance with the"Microfossil Salvage'section of the Society of Vertebrate Paleontology guidelines (2010:7), bulk sampling and screening of fine-grained sedimentary deposits(including carbonate- rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil "microvertebrates" to Paleontological Assessment for the 17802 Irvine Boulevard Project test the feasibility of the deposit to yield fossil bones and teeth. 7. In the laboratory,individual fossils are cleaned of extraneous matrix, any breaks are repaired,and the specimen,if needed,is stabilized by soaking in an archivally approved acrylic hardener(e.g.,a solution of acetone and Paraloid B-72). 8. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time- consuming than for accumulations of invertebrate fossils. 9. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the former Cooper Center facility of OC Parks) shall be conducted. The K-6 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation,the lead agency(e.g.,the City of Tustin)will be consulted on the repository/museum to receive the fossil material. 10. A final report of findings and significance will be prepared,including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e.,fossils)that might have been lost or otherwise adversely affected without such a program in place. TRIBAL Mitigation Measure TCR-1 Retain a Native American Monitor Prior to Retain tribal monitor and City of Tustin Planning Commencement of Ground-Disturbing Activities. execute monitoring Division A. The project applicant/lead agency shall retain a Native American agreement.Prior to Monitor from or approved by the Gabrieleno Band of Mission Indians—Kizh grading permit. Nation. The monitor shall be retained prior to the commencement of any "ground-disturbing activity"for the subject project at all project locations(i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project,such as public improvement work). "Ground-disturbing activity"shall include, but is not limited to,demolition,pavement removal,potholing,auguring,grubbing, tree removal,boring,grading,excavation,drilling,and trenching. B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground- disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed,locations of ground-disturbing activities,soil types,cultural-related materials,and any other facts,conditions,materials,or discoveries of significance to the Tribe.Monitor logs will identify and describe K-7 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials any discovered TCRs,including but not limited to,Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral)human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet)and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate,in the Tribe's sole discretion,and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-2 Unanticipated Discovery of Human Remains and In the event Native County Coroner/Tribal Associated Funerary Objects American human remains Monitor/City of Tustin A. Native American human remains are defined in PRC 5097.98(d)(1)as are found,halt all Planning Division an inhumation or cremation, and in any state of decomposition or skeletal construction activity completeness. Funerary objects, called associated grave goods in Public immediately.Contact the Resources Code Section 5097.98, are also to be treated according to this County Coroner,and statute. NAHC within 24 hours if B. If Native American human remains and/or grave goods discovered or remains are recognized recognized on the project site,then all construction activities shall immediately to be Native American. cease.Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner Construction. K-8 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours,the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1)and(2). D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods,if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin(non-TCR)shall be curated at a public, non-profit institution with a research interest in the materials,such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Mitigation Measure TCR-3 Procedures for Burials and Funerary Remains Follow proper protocol City of Tustin Planning A. As the Most Likely Descendant("MLD"),the Koo-nas-gna Burial Policy for preservation or Division shall be implemented.To the Tribe,the term"human remains"encompasses treatment if Native more than human bones.In ancient as well as historic times,Tribal Traditions American human remains included, but were not limited to,the preparation of the soil for burial,the or funerary objects are burial of funerary objects with the deceased,and the ceremonial burning of found.Construction. human remains. K-9 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials B. If the discovery of human remains includes four or more burials,the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact.Associated funerary objects are objects that,as part of the death rite or ceremony of a culture,are reasonably believed to have been placed with individual human remains either at the time of death or later;other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. D. In the case where discovered human remains cannot be fully documented and recovered on the same day,the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains.If this type of steel plate is not available,a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected.If the project cannot be diverted,it may be determined that burials will be removed. E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner,before ground- disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags.All human remains,funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery.The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity.There shall be no publicity regarding any cultural materials recovered. G. The Tribe will work closely with the project's qualified archaeologist to ensure that the excavation is treated carefully,ethically and respectfully.If K-10 Responsible for Ensuring Compliance/ Date Completed Mitigation Measure Action and Timing Verification and Initials data recovery is approved by the Tribe,documentation shall be prepared and shall include(at a minimum)detailed descriptive notes and sketches.All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe.If any data recovery is performed,once complete,a final report shall be submitted to the Tribe and the NAHC.The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. K-1 1 Responsible for Ensuring Compliance/ Date Completed PPP Action and Timing Verification and Initials AESTHETICS PPP AES-1:Lighting.Prior to issuance of building permits,the applicant shall Submit a photometric City of Tustin Planning submit a photometric lighting plan to the Building Division showing lighting plan.Prior to Division compliance with Municipal Code Section 8102,which requires a minimum of building permit. one-foot candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces.The photometric plan must also show no light spillage pursuant to Municipal Code Section 9271(hh). AIR QUALITY PPP AQ-1:Rule 402.Project construction plans and specifications shall Compliance with Rule City of Tustin Planning state that the Project is required to comply with the provisions of South 402.Construction. Division Coast Air Quality Management District(SCAQMD)Rule 402.The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury,detriment,nuisance, or annoyance to any considerable number of persons or to the public,or which endanger the comfort,repose,health or safety of any such persons or the public,or which cause,or have a natural tendency to cause,injury or damage to business or property. PPP AQ-2:Rule 403.The construction plans and specifications shall state Compliance with Rule City of Tustin Planning that the Project is required to comply with the provisions of South Coast 403.Construction. Division Air Quality Management District(SCAQMD)Rule 403,which includes the following: • All clearing,grading,earth-moving,or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered,with complete coverage of disturbed areas,at least 3 times daily during dry K-1 2 weather;preferably in the mid-morning,afternoon,and after work is done for the day. • The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less. PPP AQ-3:Rule 1113.The construction plans and specifications shall state Compliance with Rule City of Tustin Planning that the Project is required to comply with the provisions of South Coast 1113.Construction. Division Air Quality Management District Rule(SCAQMD)Rule 1113.Only"Low- Volatile Organic Compounds"paints(no more than 50 gram/liter of VOC) and/or High Pressure Low Volume(HPLV)applications shall be used. BIOLOGICAL RESOURCES PPP Bio-1:Street Trees.Installation of street trees shall occur in compliance Ensure installation of City of Tustin Planning with the City of Tustin Municipal Code Article 7,Chapter 3,Section 7308. street trees is compliance Division with Municipal Code Article 7,Chapter 3, Section 7308.Prior to grading permit. CULTURAL RESOURCES PPP CUL-1:Human Remains.In the event that human remains are Stop disturbance City of Tustin Planning encountered on the Project site,work within 50 ft of the discovery shall cease activities within 50-foot Division and the County Coroner shall be notified immediately consistent with the buffer area of identified requirements of California Code of Regulations(CCR)Secln 15064.5(e).State human or funerary Health and Safety Code Section 7050.5 states that no further disturbance remains;immediately shall occur until the County Coroner has made a determination of origin and contact County Coroner; disposition pursuant to Public Resources Code(PRC)Section 5097.98.Prior to verify all grading plans the issuance of grading permits,the City Community and Planning,Building, specify requirements. and Code Enforcement Department Director,or designee,shall verify that all Win the event of an grading plans specify the requirements of CCR Section 15064.5(e),State inadvertent discovery of Health and Safety Code Section 7050.5,and PRC Section 5097.98,as stated identified human or above. funerary remains. K-1 3 ENERGY PPP E-1.CALGreen Compliance:The Project is required to comply with the Compliance with City of Tustin Planning CALGreen Building Standards Code as included in the City's Municipal Code CALGreen.Prior to Division Section 8100 to ensure efficient use of energy.CALGreen specifications are building permit. required to be incorporated into building plans as a condition of building permit approval. PPP E-2:Idling Regulations.The Project is required to comply with California Compliance with CARB City of Tustin Planning Air Resources Board(CARB)Rule 2485(13 CCR,Chapter 10 Section 2485), Rule 2485.Construction. Division Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. GEOLOGY PPP GEO-1:California Building Code.The project is required to comply with Compliance with the City of Tustin Planning the California Building Code as included in the City's Municipal Code Article 8, California Building Code. Division Chapter 1,Section 8100 to preclude significant adverse effects associated Prior to building permit. with seismic hazards.California Building Code related and geologist and/or civil engineer specifications for the project are required to be incorporated into grading plans and specifications as a condition of project approval. HAZARDOUS PPP HAZ-1:SCAQMD Rule 1403,Asbestos.Prior to issuance of demolition Compliance with City of Tustin Planning permits,the Project applicant shall submit verification to the City Building SCAQMD Rule 1403.Prior Division Division that an asbestos survey has been conducted at all existing buildings to demolition permit. located on the Project site.If asbestos is found,the Project applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403.Rule 1403 regulations require that the K-14 following actions betaken:notification of SCAQMD prior to construction activity,asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping,and proper disposal. PPP HAZ-2:Lead Based Paint.Prior to issuance of demolition permits,the Verify lead-based paint City of Tustin Planning Project applicant shall submit verification to the City Building Division that a survey has been Division lead-based paint survey has been conducted at all existing buildings located conducted.Prior to on the Project site.If lead-based paint is found,the Project applicant shall demolition permit. follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint.Cal-OSHA has established limits of exposure to lead contained in dusts and fumes.Specifically,CCR Title 8,Section 1532.1 provides for exposure limits,exposure monitoring,and respiratory protection,and mandates good working practices by workers exposed to lead. WATER QUALITY PPP WQ-1:NPDES/SWPPP.Priorto issuance of any grading or demolition Review and approval of City of Tustin Planning permits,the applicant shall provide the City Building Division evidence of SWPPP.Prior to grading Division compliance with the NPDES(National Pollutant Discharge Elimination System) permit. requirement to obtain a construction permit from the State Water Resource Control Board(SWRCB).The permit requirement applies to grading and construction sites of one acre or larger.The Project applicant/proponent shall comply by submitting a Notice of Intent(NOI)and by developing and implementing a Stormwater Pollution Prevention Plan(SWPPP)and a monitoring program and reporting plan for the construction site. PPP WQ-2:WQMP.Prior to the approval of the Grading Plan and issuance of Review and approval of City of Tustin Planning Grading Permits a completed Water Quality Management Plan(WQMP)shall WQMP.Prior to grading Division be prepared by the Project applicant and submitted to and approved by the permit. City Public Works Department.The WQMP shall identify all Post- Construction,Site Design.Source Control,and Treatment Control Best K-1 5 Management Practices(BMPs)that will be incorporated into the development Project in order to minimize the adverse effects on receiving waters. NOISE PPP N-1:City of Tustin Municipal Code Section 4616,Specific Disturbing Compliance with City City of Tustin Planning Noises Prohibited Municipal Code 4616. Division (2)Construction,repairing,remodeling or demolition and grading.The Construction. erection,demolition,alteration,repair,excavation,grading,paving or construction of any building or site is prohibited between the hours of 6:00 p.m.and 7:00 a.m.,Monday through Friday and 5:00 p.m.and 9:00 a.m.on Saturdays and during all hours Sundays and city observed federal holidays. Trucks,vehicles and equipment that are making or are involved with material deliveries,loading or transfer of materials,equipment service,maintenance of any devices or appurtenances to any construction project in the City shall not be operated on or adjacent to said sites outside of the approved hours for construction activity. PUBLIC SERVICES PPP PS-1:Schools Development Impact Fees.Prior to issuance of building Pay school impact fees. City of Tustin Planning permit,the Project shall pay applicable development fees levied by the Tustin Prior to building permit. Division Unified School District pursuant to the School Facilities Act(Senate Bill[SB] 50,Stats.1998,c.407). PPP PS-2:Park Fees.As a condition of the approval of a tentative map,the Pay park impact fees. City of Tustin Planning Project shall pay applicable park related fees pursuant to Municipal Code Prior to building permit. Division 9331. UTILITIES K-16 PPP UT-1:Solid Waste.As required by Section 5.408.1 of the 2019 California Compliance with Section City of Tustin Planning Green Building Standards Code,and AB 341 the Project shall implement a 5.408.1 of the 2019 Division Waste Management Plan to ensure that the construction and operational California Green Building diversion requirements would be met. Standards Code. Construction and operation. PPP UT-2:Organic Waste Disposal.As required by SB 1383,organic waste, Compliance with Section City of Tustin Planning including yard trimmings and food waste,will be diverted from landfills SB 1383.Operation. Division through City organic waste recycling services. K-17 Resolution No. 4461 EXHIBIT C OF RESOLUTION 4461 Responses to MND Comments INITIAL STUDY City of Tustin Chapter 2. Response to Comments on the Public Review MND This chapter of the Final Mitigated Negative Declaration (MND) contains responses to the comments that the City of Tustin (Lead Agency) received on the Public Review MND (SCH No. 2022090269) (Chapter 1 ) for the 17802 Irvine Boulevard Residential Project during the public review period, which began September 15, 2022 and originally was noticed to close October 5, 2022 but was extended and concluded on November 10, 2022. This document has been prepared in accordance with California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and the Guidelines for Implementation of the California Environmental Quality Act (State CEQA Guidelines) (Cal. Code Regs.,tit. 14, § 15000 et seq.) and represents the independent judgment of the Lead Agency. This document, together with the Public Review MND, the Revisions to the Public Review MND, and the Mitigation Monitoring and Reporting Program comprise the Final MND. The following public comments were submitted to the City of Tustin during the public review period: 1. Anita Storck, September 21, 2022 (2 pages) 2. Orange County Transit Authority, October 5, 2022 (2 pages) 3. Robert Duffy, October 5, 2022 (2 pages) 4. Tiffany Lin, City of Irvine, October 7, 2022 (1 page) 5. Orange County Sanitation District, October 10, 2022 (2 pages) 6. Prospect Park Homeowners Association, October 10, 2022 (3 pages) 7. Commenter #1, October 12, 2022 (1 page) The public comments and responses to comments are included in the public record and are available to the Lead Agency decision-makers for their review and consideration prior to making their decision whether to approve the proposed Project. Pursuant to State CEQA Guidelines Section 15074(b) Consideration and Adoption of a Negative Declaration or Mitigated Negative Declaration, none of the comments provide substantial evidence that the Project will have significant environmental effects which would require preparation of an Environmental Impact Report. Further, none of the information in the letters or responses constitute the type of significant new information that requires recirculation of the MND for further public review under State CEQA Guidelines Section 15073.5 Recirculation of a Negative Declaration Prior to Adoption. None of this new material indicates that the Project will result in a significant new environmental impact not previously disclosed in the 17802 Irvine Boulevard Residential Project MND. Additionally, none of this information indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in State CEQA Guidelines Section 15073.5. This Response to Comments includes revisions to the Public Review Draft MND based upon: (1) clarifications required to prepare a response to a specific comment; and/or (2) typographical errors. These revisions do not alter any impact significance conclusions as disclosed in the MND. Changes made to the MND are identified as s#rikeeut text to indicate deletions and in underlined text to signify additions within Chapter 1 of this document. Although State CEQA Guidelines Section 15088 does not require a Lead Agency to prepare written responses to comments received, the City of Tustin has elected to prepare the following written responses with the intent of providing a comprehensive and meaningful evaluation of the proposed Page 12-1 INITIAL STUDY City of Tustin Project. The number designations in the responses are correlated to the bracketed and identified portions of each comment letter. Page 12-2 INITIAL STUDY City of Tustin COMMENT LETTER 1: Anita Storck, September 21, 2022 (2 pages) �ay Yti'-,heti+{4r.1 I mo{ �.aa°tifm� AA. ti1� 4- Fle— I } `r 4 •� ��L � �rdJ'��•.JII"`�'r �d�?'�y�-r•1L�R+• ld k.L'"-" ; _ F,�r�._�;�_ 41ti � �•W� ,�'�,•. ;Lusa �S M� {'}• '�,t•t•�# 4 Tl 6L 0 Page 12-3 INITIAL STUDY City of Tustin 'Tf e.LLI J-M 11A L JL xr,- Page 2-4 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 1: Anita Storck, September 21, 2022 Response to Comment 1.1: The commenter states that they live in Prospect Park near the Project site. The commenter indicates that the density of the proposed Project is too large for the size of the Project site. The Project would require a General Plan Amendment to change the existing land use designation from Professional Office (PO)to High Density Residential (HDR).The HDR designation provides for residential uses at a density of between 15 and 25 dwelling units per net acre. The proposed Project would result in a density of 19.3 dwelling units per acre, which would not exceed the allowable density for the proposed land use designation. The Project would require a zone change from Retail Commercial (C1) with a Parking (P) overlay to Multiple Family Residential (R-3). The proposed R-3 zoning would allow for multiple family dwellings with a minimum lot area of 1,750 SF per dwelling unit and a maximum lot development of 65 percent. The Project proposes approximately 2,250 feet per dwelling unit and would result in 36.7 percent of lot coverage. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.2: The commenter states that the Project would provide 11 guest parking spaces, which would be too few for the number of dwelling units proposed. The Project would include 90 parking spaces, inclusive of 80 garage spaces and 10 head-in spaces. Per Tustin Municipal Code Section 9263,the Project is required to provide two covered spaces for each dwelling unit, plus one unassigned guest space for every 4 units. The Project would comply with the City parking requirements. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.3:The commenter states that the Project would increase traffic on Irvine Boulevard, which is already a busy street. As described in Section 5.17,Transportation, Response b.of the MND,the Project would generate 295 fewer daily trips than the existing land use. Additionally, a Focused Traffic Study Analysis was prepared by EPD Solutions that indicated the Project would have a less than significant impact on level of service (LOS) of Irvine Boulevard intersections with Prospect Avenue and the Project's driveway. A copy of the Traffic Study, and other engineering documents,is available upon request at the City of Tustin Planning Division and public records subject to the California Public Records Act. Contact information for the project's planner were provided in the MND should the commenter want to view additional plans not provided in the MND. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.4: The commenter states that the proposed buildings would be three stories high, which would be too high compared to buildings within the surrounding area. The commenter asserts that the buildings should be a maximum of two stories. The City's R-3 zone allows for a maximum building height of 35 feet. The proposed buildings would be a maximum of 34 feet and 10 inches. Therefore, the Project would be consistent with the R-3 development standards.The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 1.5:The commenter requests consideration of their comments.The comment letter has been in the record and considered. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-5 INITIAL STUDY City of Tustin COMMENT LETTER 2: M OCTA AFFXM7MAGOCES October 5,2022 C geC r OV Ms-Leila Carver 7--P-bc- Senior Planner Consultant 'ter City of Tustin—Community Development Department ys 300 Centennial Way FrL— Tustin CA 92780 rw�z , Agawy Subject: Notice of Intent to Adopt a Mitigated Negative Declaration and ' AWncy Initial Study for the Tustin lntracorp Multifamily Resldential P roj ect Dear Ms_ Carver. Thank you for providing the Change County Transportation Authority (OCTA) with the Notice of Intent and Initial Study for the Tustin Intracorp Multifamily 21 Residential Project (Project). The following comments are provided for your consideration: Page 130(Section 5.17 'Transpgrtation'.Subsection 'a'.) First paragraph('Transit Services'):revise to in dude routes 59,64,70, 2.2 72,79,90, 167,472,and 473. Unit routes 22,65,75,and 85. • Secdnd paragraph("OCTA Route 64 and 71 are the closest...')_revise 3 text from"5:00 a-m. to 11:00 p_m."to`5.10 a.m.to 11:00 p.m-"when ` describing weekend service on Route 64_ • Second paragraph:revise textfrom"5:33 a.m_to 10:18 p.m"to"5:20 a-m.to 10:45 p.m."when describing Monday through Friday service on 2.4 Route 71,and°`6:00 a-m.to 10:00 p.m_"to"5:45 a-m.to 6:15 p_m."when describing weekend service on Route 71. • Second paragraph:revise text to replace"20-minute headways'with "15-minute headways"when descrtbing Route 64 and specify that the 2.5 15-minute headways occur on both the weekdays and the weekends_ ■ Second paragraph: revise text to replace"one-hour headways'with "45-minute headways"when describing Route 71 and specify that the 2.6 45-minute headways occur on both the weekdays and the weekends- * Second paragraph:revise text to replace the route descriptors"Route 64 runs from the Westminster Mall Area east"and"Route 71 rums from 2.7 Hoag Hospital north'to"Route 64 nuns from the Westminster Mall Area along Bolsa/First St.to the Larwin Square shopping area"and"Route 71 Page 2-6 INITIAL STUDY City of Tustin Ms.Leila Carver October 5, 2022 Page 2 runs from the Hoag Hospital along Newport Blvd, Red Hill Ave,and I ,� Tustin St. to the Placentia Linda Hospital", respectively- J Throughout the development of this project, we encourage communication with OCTA on any matters discussed herein. If you have any questions or comments, $ please contact meat(714)-560-5907 oral dphu octa.net- Sincerely, Dan Ptiu Manager, Environmental Programs Page 2-7 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 2: Orange County Transit Authority, October 5, 2022 (2 pages) Response to Comment 2.1: The commenter states that the letter is written on behalf of the Orange County Transit Authority (OCTA) and introduces the comments that follow.This comment is introductory and no further response is warranted. Response to Comment 2.2 through 2.7: The commenter proposes several revisions to Section 5.17, Transportation of the Public Draft MND regarding local bus transit operations. The Final MND has been revised to include all proposed revisions. Changes can be found on page 130 of the Final MND. Response to Comment 2.8: The commenter provides contact information for coordination on any future Project-related requests or questions. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-8 INITIAL STUDY City of Tustin COMMENT LETTER 3: Robert Duffy, October 5, 2022 (2 pages) October 5,2022 City of Testi n Community Development Dept. Attn.Leila Carver 300 Centennial Way Tustin,CA 92780 PROJECT NO(S).: General Plan Amendment 2022-.DOC'.=one Change 2022-0001,Subdivision 2022-0002,Design Review 2022-0004,and Development Agreement 2022-W02 Dear Planni ng Com missia n Members and the City of Tustinr M y wife and I live in the Prospect Park Homeowners Assoclations'(PP HOA)off Prospect Ave to the south of the p lanned 3.1 project.While we feel the project could be a plus for the neighborhood,we do have some concerns about the project at 17702&17842 Irvine Blvd-,Tustin,CA 92780-Based on the information currently on your website,we have concerns about the following: 1- Landscape-Based on the plans on your website,it's my understanding that all the trees along our northern property line will be removed and not replaced,depending on which page of the proposed project you read. Trees along the property line create additional privacy,shading,and noise reduction and add to the environm ent.Having j ust a cold,barren wall along ou r two property lines would be a detriment to ou r residence and futu re res iden€es to the north of us and could affect ou r property va lues-I'm pretty sure they don't want to look at the tops of ou r roofs any more than we would I ike to look at three stories bui Idi ngs-Tusti n is know n for 3._ having a high tree per square m ile count;let's keep it that way a nd ensure we have some trees or bushes between our properties- a. On page 21,the"Conceptiona I Site Plan"looks like there are trees or bushes on the project's property lines a long the project's east,west,and south sides,wh ich is great depending on the type of trees or bushes.But on page 37,in the"Conceptional Landscape Plan,"they eliminate almost all of them and leave none along the southern property line-This concerns our family,and we ask that you modify it to be closer to the"Conceptional Site Plan"on page 21. 2. Parking-While the project's lack of parking doesn't directly affect us,it could indirect y affect us.We are concerned that because of it and the lack of street parking on Irvine Blvd-,the future homeowners and guests to the project may affect parking on Prospect Ave directly in front of our assodation to the west of us. a. Prospect Park Homeowners Assodation has 40 homes,as will this project,but we have three assigned parking spots per home(2 garages&i assigned parking stall outdoors)with an additional 16 visitor parking spaces for a total of 135 parking spats vs.the project only has two parking spots per home(2 3 garages},with 11 visitor parking spaces for a total of 91 parking spots-That means they have 45 fewer parking spots available to guests and residents than Prospect Park HOA.Even with our additional 45 parking spares available,which this project doesn't have,our guests or we occasionally have to park out on Prospect Ave between our two entrances.There is no street parking on I rvine Blvd,so that I eaves street parking on Prospect Ave.,Orangewood Ln.,or Fashion Ln-for overflow or,I'm guessing here,in the commercial parking lots to the east and west of the project. Page 1 of 2 Page 2-9 INITIAL STUDY City of Tustin �.a Thank you in advance for reviewing my concerns and considering them when reviewing and approving this project.tf you have any questions or concerns,you may contact me at 714-299-3324 or reduffv9MMemail.com. Respectfully,. Robert E.Duffy Resident 341 Prospect Park Tustin,CA 92780 Page 2 of 2 Page 12-10 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 3: Robert Duffy, October 5, 2022 (2 pages) Response to Comment 3.1: The commenter states that they and their wife live in Prospect Park and have concerns regarding the proposed Project. This comment is introductory and no further response is warranted. Response to Comment 3.2: The comment states that based on the Project plans, trees along the northern property line will be removed and not replaced.The commenter states that the trees create privacy,shading, noise reduction and the proposed perimeter wall would be cold and barren and would impact property values. The commenter adds that Tustin is known for having a high tree count and they wish to maintain the trees and bushes between the Prospect Park and proposed Project. Additionally, the commenter notes that Figure 3-1, Conceptual Site Plan, on page 21 of the Public Draft MND,the Project proposes trees or bushes on the east, west, and south perimeter of the Project site. However, in Figure 3-4, Conceptual Landscape Plan, on page 37 of the Public Draft MND, the Project doesn't include trees or bushes along the perimeter. The commenter states preference for the Conceptual Site Plan, which includes trees or bushes along the perimeter between the Project and Prospect Park. Figure 3-1, Conceptual Site Plan, and Figure 3-4, Conceptual Landscape Plan, have been updated and are now consistent. A block wall is proposed along the western, southern, and eastern perimeter of the Project site. The preparation of the Draft IS/MND was conducted pursuant to CEQA Statute and CEQA Guidelines. A Project's impact on property values is not analyzed as part of any of the environmental topics under CEQA. Proposed landscaping would comply with applicable landscaping requirements, which include the City's Section 7308 of Article 7, Chapter 3 requirement for the protection of "trees, plants or shrubs in or growing upon or over any public parkway street, highway, alley, right-of-way, City-owned property in the City",the lot coverage maximum of 65 percent for the Multiple-Family Residential (R-3)zone (Section 9226 of the City's Municipal Code), as well as, the City's water-efficient landscape standards (Chapter 7 of the City's Municipal Code). The interior and exterior of the southern perimeter block wall would be vegetated for aesthetic treatment. No further information is required,and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 3.3: The commenter states that Project's lack of guest parking could indirectly affect Prospect Park's parking by causing spillover onto Prospect Avenue. The commenter provides information on Prospect Park's parking per unit and states the Project's parking would 45 fewer parking spaces than Prospect Park. The commenter notes that Prospect Park residents occasionally have to park on Prospect Avenue due to lack of parking. The commenter points out the overflow areas likely to be used by residents of the Project would be Prospect Avenue, Orangewood Lane, Fashion Lane, or commercial parking lots to the east and west. The Project would include 90 parking spaces, inclusive of 80 garage spaces and 10 head-in spaces. Per Tustin Municipal Code Section 9263,the Project is required to provide two covered spaces for each dwelling unit, plus one unassigned guest space for every 4 units. The Project would comply with the City parking requirements. The comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 3.4:The commenter provides contact information for any future questions or concerns. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-11 INITIAL STUDY City of Tustin COMMENT LETTER 4: City of Irvine, October 7, 2022 (1 page) -� OF !,q U M October 7,2022 Leila Carver,Senior Planner Consultant 300 Centennial Way Tustin, CA 92780 Subject: General Plan Amendment, Zone Change, Subdivision, Design Review. and Development Agreement for Intracorp Residential Dear Leila Carver- Stall arverStaff is in receipt of the notice of intent to adapt a mitigated negative declaration for the request to demolish two existing two-story office buildings in order to construct a new mvlb4amily residential development project at 17802 and 17842 Irvine Boulevard_ The project includes a General Plan Amendment, Zone Change, Subdivision, Design 4.1 Review, and Development Agreement to facilitate the development of 40 three-story residential units within '18 duplexes and four single family residences_ Staff has reviewed the project proposal and has no comments. If you have any questions,please contact me at tilin4cWtyofirvine_org or 949-724-636,1- Sincerely. Tiffany Lin Associate Planner ec: Kerwin Lau, hlanagerof Planning Services Marika Poynter, Principal Planner Page 2-12 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 4: City of Irvine, October 7, 2022 (1 page) Response to Comment 4.1: The commenter verifies receipt of the Notice of Intent (NOI) for the Project and provides their understanding of the proposed Project.The commenter states that they have no comments and provides contact information should the City have any questions. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-13 INITIAL STUDY City of Tustin COMMENT LETTER 5: Orange County Sanitation District, October 10, 2022 (2 pages) loiE u .,c-ue OC. 6SAN Fpuntawn 4ai'+ey 714.952.2411 ORANGE COUNTY SAWATION DISTRICT www-weein gav October 10, 2022 Leila Carver, Senior Planner Consultant ON of Tustin Community Development Department 300 Centennial Way �y❑regE Tustin, CA 92780 Email:LCarvertustinca.org SIJBJECT: Notice of Intent to Adopt a Mitigated Negative Declaration for General Plan Amendment 2022-0001, Zone Change 2022-000 1, Subdivision 2022-0002, Design Review 2022-0004 and Development Agreement 2022-0002 for the Intracorp Residential project LA KAMA Thank you for providing the Notice of Intent to Adopt a Mitigated Negative 1A"—a Declaration for General Plan Amendment 20.22-0401,Zone Change 2022-0001, LusAlanu-as 5.1 Subdivision 2022-0002, Design Review 2022-0004, and Development r1 n-'A Bemh Agreement 2022-0002 for the Intracorp Residential project. Orange County Sanitation District (OC San) has reviewed it and would like to bring to your ot";mga attention a requirement, as it applies to your project. f=4a❑ERroz This project is proposing to demolish two existing two-story office buildings and sanaa,Ana construct a new, multifamily residential development project at the project location- Please be advised that there is a connection that services this site and it there are any modifications needed to the connection to GC San system(such 51AW00 as upsizing), a trunk connection permit will be required. Please see picture -FL,s;n below identifying existing sewer line connection. VI1I.4 Purl+ i:.❑M7y Lrr c7ra n V- 5.2 d"ui Mrs Sanna*y Difivict A h'IICIWFG W rr Sdnlrary DkiL itl hone Rano � t'ortx3llrrda khRar�r 1a�5q c. qwr AftZ On: to ptofod pWe heWrh ar,d the envrro merit Izv ve wryh*effsdive,wa.Vew2brer toikodiarr,tr i0mernr,land rticyc71rig. Page 2-14 INITIAL STUDY City of Tustin (MANCIECnii47V SANITATANN $TRICT Leila Carver,Senior Planner CclisuItant October 10,2022 Page 2 of 2 s.v f If you have any questions regarding this letter, please contact Kevin Hadden at L 714 593-7462 or KhaddenC&acsan.Qay. Justin Fenton Engineering Manager Planning Division 714 593-7386 KWRsa httpsJ4x* oy.sharepo nt:mnJsites PlanningrCEOA Ex1emalty Generaled+2i773.3 Comment Letbars1Cityof Tustin MND 2CM1111I}_doex cc: Daniel Lee Page 2-15 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 5: Orange County Sanitation District, October 10, 2022 (2 pages) Response to Comment 5.1: The commenter states they have reviewed the NOI and would like to call attention a requirement that applies to the Project. The comment is introductory in nature. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 5.2:The commenter indicates there is an Orange County Sanitation District connection that services the site and any modifications needed to the sewer (such as upsizing) would require a trunk connection permit. A picture is provided illustrating the location of the sewer line. The Project does not currently propose any modifications to the existing sewer facility and the requirement for a trunk permit is not anticipated. The City and applicant will coordinate with the Orange County Sanitation District as necessary throughout the course of the Project. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 5.3:The commenter provides contact information for any future questions or concerns. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Page 12-16 INITIAL STUDY City of Tustin Prospect Park Homeowners Association 201-392 Prospect.Park,Tustin,CA 92 780 overflow available only on Prospect Ave„Orangewood tn.,or Fashion tn.for overflow or,we guess,in the commercial parking lots to the east and west of the project L We're not sure what the fix is,however,like the residents of Palmwood Gardens HOA brought it up at a. recent meeting put on by Intracorp Homes,we felt we should voice our concerns,too,so you can see if 6-3 there is a way to add a few more parking spaces to the project if possible. Thank you in advance for reviewing our concerns and considering them when reviewing and approving this project.If you have any questions or concerns,you may contact meat 714299.3$x4 or reduffy9@gFnaii.corn,and I will forward it to the Board for review and response. Respectfully, Robert E.Duffy President,Prospect Park HOA Mailing Address: Prospect Park Homeowners Association Care Of PowerStone Property Management Attn.Jason Ba#adad 9060 Irvine Center Drive Irvine,CA 92618 Page 3 of 3 Page 12-17 INITIAL STUDY City of Tustin COMMENT LETTER b: Prospect Park Homeowners Association, October 10, 2022 (3 pages) Prospect Park Homeowners Association 201-392 Prospect Park,Tustin,CA 92780 October 10,2022 City of Tustin Community Development Dept. Attn.Leila Carver 300 Centennial Way Tustin,CA 92780 PROJ EC I NO(S).: General Plan Amendment 2022-0001,Zone Change 2022-0001,Subdivision 2022-0002,Design Review 2022-0004,and Development Agreement 2022-0002 Dear Planning Commission Members and the City of Tustin, The Prospect Park Homeowners Associations'(PPHOA)Board of Directors(Board)has drafted this letter to be added to the public comments regarding this project based on concerns the Board feels could affect our association as a whole which we are responsible for.This letter is not intended to conflict with any additional personal concerns of individual homeowners or residents of our community. It is only a reflection of the Board's point of view with respect to their 6_1 responsibilities to our community. While we realize that progress must happen and some projects will occur to the north of us at 17702&17842 Irvine Blvd.,Tustin,CA 92780,no matter how good the project might be,there are still always concerns by those that could be affected by it.At first look,we feel the project will be a positive addition to Tustin.However,based on the current limited information we possess,here are the Board's concerns on behalf of the association's property for which it is responsible: 1. Our Northern Wall-The Board understands that there will be substantial excavation along our northern property line,along with the addition of a new retaining wall and privacy wall within the project's property line. a. The Board is concerned that our wall along the property line on our property is protected and that it is not compromised in anyway while excavation operations are being conducted.Also,during the construction phase of the retaining wall or privacy wall on their property. b. Should structural instability or damage be caused to our wall because of their work,we would expect the project property owners and or contractors would stabilize,repair,or replace it with a similar wall using in kind product and workmanship at their cost to our satisfaction. c. There has been some discussion with Intracorp Homes and the Board at possibly removing parts of PPHOAs northern wall completely.While the Board of directors has not agreed to this,it would be willing to review a proposal from Intracorp Homes and consider it. d. Lastly,we would ask that whatever wall they build be neighborly and make sure that the side that faces out is aesthetically pleasing to PPHOA as much as it will be on their side to their future residence. Page 1 of 3 Page 2-18 INITIAL STUDY City of Tustin Prospect Park Homeowners Association 201-392 Prospect Park,Tustin,CA 92780 2. Water Flow—Currently,no water flows from the property to the north of our property line onto our property; we do not want the slope of the project to change,where water runoff could flow onto PPHOA's property.If 6 2 that is the intention or there will be the need for an emergency overflow onto PPHOA's property,we would request an environmental report be completed to ensure that it would not affect our property negatively before approval by us or the city. 3. Power&Utility Lines—While these lines are not the property of PPHOA,they do affect us. a. We want to ensure that the same care that should betaken concerning our wall is also taken with the power lines that run along our northern property line to avoid structural concerns and service outages to the residents of PPHOA. b. Weare currently grandfathered in with respect to above-ground powerlines.Should this project require the lines that serve our community to be placed underground,we would expect the cost of that to be 6-3 handled by the city,utility companies,or Intracorp Homes as part of their project after review and approval by the Board and our homeowners. 4. landscape—We understand that all the trees along our northern property line will be removed and not replaced depending on which page of the proposed project you read.Trees along the property line create additional privacy,shading,and noise reduction and add to the environment.Having just a cold,barren wall along our two property lines would be a detriment to our residences and future residences to the north of us and could affect our property values.We're sure they don't want to look at the tops of our roofs any more than our members would like to look at three stories of walls.Tustin is known for having a high tree per square mile count;let's keep it that way and ensure we have some trees or bushes between our properties. a. On page 21,the"Conceptional Site Plan,"it looks like there are trees or bushes on the project's property lines along the project's east,west,and south side,which is great depending on the type of trees or bushes.But on page 37,in the"Conceptional Landscape Plan,"they eliminate almost all of them and leave none along the southern property line.This concerns the Board and homeowners of PPHOA,and we ask that you modify it to be closer to the"Conceptional Site Plan"on page 21. b. Intracorp Homes has suggested a trellis with vines to add an additional two feet to the six-foot wall that will be going up for a total of eight feet above grade.We'd be willing to review it to see what they envision,but we feel trees or bushes would allow for a higher natural privacy feature and require less maintenance and future costs.Trellis need replacement sooner or later,which is more complex to replace than just a tree or bush that dies because you also have to remove and replace what was on the trellis. 5. Parking—While the project's lack of parking doesn't directly affect us,it could indirectly affect us.We are concerned that because of it and the lack of street parking on Irvine Blvd.future homeowners and guests to the project may affect parking on Prospect Ave directly in front of our association to the west of us or,worse,onto our property. a. We have 40 homes,as will this project,but we have three assigned parking spots per home(2 garages& 1 outdoors)vs.this project has two(2 garages),and we have an additional 16 visitor parking spots with the 11 this project has.Which means we have 45 more locations available to guests and residents than the project,and even with that quantity our additional 45 parking spaces available that this project doesn't have,occasionally,homeowners and guests overflow from our parking onto Prospect Ave between our two entrances.There is no street parking on Irvine Blvd,so that leaves street parking for Page 2 of 3 Page 2-19 INITIAL STUDY City of Tustin Prospect Park Homeowners Association 201-392 Prospect Park,Tustin,CA 92780 overflow available only on Prospect Ave.,Orangewood Ln.,or Fashion Ln.for overflow or,we guess,in the commercial parking lots to the east and west of the project. b. We're notsure what the fix is,however,like the residents of Palmwood Gardens HOA brought it up at a recent meeting put on by Intracorp Homes,we felt we should voice our concerns,too,so you can see if 6,3 there is away to add a few more parking spaces to the project if possible. Thank you in advance For reviewing our concerns and considering them when reviewing and approving this project.If you have any questions or concerns,you may contact meat 714-299-3824 or reduffv9Pgmail,cam,and 1 will forward it to the Board for review and response. Respectfully, 46"t�* Robert E.Duffy President,Prospect Park HOA Mailing Address: Prospect Park Homeowners Association Care Of PowerStone Property Management Ann.Jason Baladad 9050 Irvine Center Drive Irvine,CA 92.618 Page 3 of 3 Page 12-20 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 6: Prospect Park Homeowners Association, October 10, 2022 (3 pages) Response to Comment 6-1: These comments are not related to the adequacy of the CEQA document the comment does not contain any information requiring changes to the MND. No further response is warranted and no response is required. Response to Comment 6-2:This comment states concern regarding changes between the existing stormwater runoff volume and drainage patterns and proposed conditions. As stated in the Preliminary Water Quality Management Plan (WQMP) prepared for the Project,the proposed Project would reduce imperviousness of the Project site from 95 percent to 90 percent, increasing the overall infiltration capacity. The Project site currently drains to two low points, one to the north on Irvine Boulevard, and the other at the southwest corner of the site. The proposed site would follow similar drainage pattern as the existing and is split between two drainage areas with catch basins in the north and southwest corners. Project site surface flows would be directed into an area drain system, or into onsite curb and gutters which would convey the flow to the underground storm drain system. All flows would be conveyed to an infiltration detention pipe where stormwater would be stored onsite until it can percolate into the ground. During a major storm event when the detention pipe fills to capacity, the stormwater would be directed to match the existing flow pattern. There are are two emergency overflow locations proposed, one a parkway culvert on Irvine Boulevard to the north and the other through a grate inlet in the southwest corner that would outlet to the existing parking lot gutter in 17772 Irvine Boulevard to the west (see Appendix G). The Project would not increase offsite flows to the south onto the Prospect Park property. According to the Hydrology Report completed for the Project, the drainage design for the Project site has been designed to meet the County of Orange Flood Control Standards and per City of Tustin requirements (see Appendix H). Therefore, the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 6-3: These comments are not related to the adequacy of the CEQA document the comment does not contain any information requiring changes to the MND. No further response is warranted and no response is required. Page 12-21 INITIAL STUDY City of Tustin COMMENT LETTER 7: Commenter #1, October 12, 2022 (1 page) ct is still in the entitlement phase and a public hearing ri;,z r„ teen scheduled. A notice of the public hearing will be provided prior to any future public hearing in accordance with the Tustin City Code and State laud. If you have any questions relative to process or timing,please fell free to give me a call at phone number below Thank you,-Leila Leila Carver Senior Planner Consultant iElsn� 300 C e'573 jial6Way.F: Tustin, -3 92780 P:71 4,573-3126 F:714-573-3113 Icar�rer(cDtustinca.orp I tu8tinca.oro .. STAY CQNNE CTE13 AMTH US: •Download our app—Apple Store•Goggle Play •Fo11owus—F acehook•Twitter •JoinourneAdetter From• Sent:Wednesday,October 12,217226:34 AM To:Carver,Leila<LCarver(Qtustinca.ora> Subject:lntracorp Proposed Project on Irvine Blvd. Dear Leila Carver, The rezoning from business to high-density residential should be rejected by the planning board. ]7-1 This project does nothing good forour community. Firstly, it radically changes the character of the neighborhood and is inconsistent with all other structures in the area at 3 stories.There is already a 7-2 high concentration of high-density residential in our area.With higher increases in papulation density, there is a higher increase in crime. ,Also, keep in mind that you are going to subject us to 2 years of increased noise, dust, and traffic issues.We already have to deal with jets flying overhead,Tiller day noise, and Concerts in the park 7-3 noise- Th e oise.The only rezoning to residential that should be considered would be for Ioxn Density residential. which is nlore consistent with the surrounding area. This would also present a more favorable Str eel Meso, 7-4 (same scale as Palmwood's street view across from the park—better aesthetics). 2 Page 12-22 INITIAL STUDY City of Tustin Carver, Leila From: Sent: Friday,October 14,2022 9:29 AM To: Carver,Leila Subject: Re:Intracarp Proposed Project on Irvine Blvd,. Follow Up Flag: Fellow up Flag Status_ Flagged My mailing address is Thanks again On Oct 14,2022,at 8:59 AM,Carver,Leila<LCarver@tustinca.org>wrote: Hi W Please confirm your mailing address here so that I ensure any future notice of public hearing is sent to you. we can also email notice to you. Thant:you, -Leila From: Sent:Friday,October 14,2022 5:07 AM To:Carver,Lela<LCarver[?tu5tinca.org> Cc:Barragan,Raymond<RBarragan(R7u tustinca,org> Subject:Re:Intracorp Proposed Project on Irvine Blvd, Yes-please redact my name and contact information. If the notice of the public hearing will not be emailed or delivered to me by the post office, please let me know how I can find out about it. Thanks for your help On T1 uisday,October 13,2022 at 02;55:27 PM POT,Carver,Leila eic3ryenQtustinca.oro}wrote. Gong at erroon- We are in rec--171&,:=1.ir e n;ni n Ehe proposed n=7 ':-rtiul pro, _I :ed 81 17802117842 Irvine Blvd,and your comments mil be incl 1,-;!n i 1 91 1 r ,1 I •; and contact iso per your request to remain anonymous Page 12-23 INITIAL STUDY City of Tustin RESPONSE TO COMMENT LETTER 7: Commenter #1, October 12, 2022 (1 page) Response to Comment 7.1: The commenter states that the Project's proposed rezone should be rejected by the Planning Commission. The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response is required. Response to Comment 7.2: The commenter states the Project would not be beneficial to the community. Additionally, the commenter asserts that the Project would dramatically change the Project site's existing character due to the proposed buildings being three stories. Finally, the commenter states that the Project would increase density, and therefore, would increase crime in the area. Under Response c) in Section 5.1,Aesthetics,of the Draft Initial Study Mitigated Negative Declaration (Draft ISMND), the Project is analyzed for consistency with the Project site's existing character. Because the Project is in an urbanized area, character consistency is dependent on consistency with the applicable zoning code and development standards. The Project would be consistent with applicable standards of the Multiple- Family Residential (R-3) zone and development standards and also consistent with maximum allowed level of density per the High Density Residential (HDR) land use designation, and therefore, would have a less than significant impact on visual character. Additionally, the maximum height requirement for the R-3 zone is 35 feet. The Project would be 34 feet and 10 inches, which would be within the zone's height limits. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 7.3: The comment asks that the City keep in mind that the residents will be exposed to two years of construction noise, increased dust, and traffic issues in addition to existing noise sources. As analyzed under Section 5.3, Air Quality, Section 5.13, Noise, and Section 5.17, Transportation, Project construction is anticipated to result in a less than significant impact on air quality,noise,and traffic. No further information is required, and the comment does not contain any information requiring changes to the MND. No further response is warranted. Response to Comment 7.4: The commenter states that the only zoning that should be considered for the Project site is low-density residential. Additionally, the commenter states that low-density residential would provide favorable street views and is more consistent with surrounding land uses.The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response in required. Response to Comment 7.5: The commenter states that meetings with the applicant and City have been unproductive, poorly scheduled, and people have been absent from them. The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response in required. Response to Comment 7.6: The commenter indicates dissatisfaction with their lack of opportunity for input on the Project. The commenter asserts that opinions on the Project by the public have not been taken into account.The commenter requests that residents be able to voice their concerns during the Planning Commission hearing. The Planning Commission hearing will provide an opportunity for public comment. The comment does not raise a specific issue with the adequacy of the Draft MND or raise any other CEQA issue. No further response in required. Page 12-24 ATTACHMENT H RESOLUTION N O. 4462 - GPA 2022-0001 EXH I BIT A RESOLUTION NO. 4462 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT 2022-0001 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO HIGH DENSITY RESIDENTIAL (HDR) FOR THE PROPERTY LOCATED AT 17802 AND 17842 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC for a General Plan Amendment (GPA) 2022-0001, Zone Change (ZC) 2022-0001, Design Review (DR) 2022-0004, Density Bonus requests for one (1) Concession relating to the reduction of the required front yard setback along Irvine Boulevard and a Waiver to allow a reduction in required amount of common open space, a Development Agreement (DA) 2022-0002, and a Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two-car garage and private open space for each unit, ten (10) guest surface parking spaces, and common and private open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That the subject property is zoned Retail Commercial District (Cl) with a Parking Overlay (P) zoning district and designated as Professional Office (PO) under the General Plan Land Use description. C. That the subject property has been used for various office and retail uses since 1971. D. That the project, as proposed would conflict with the existing PO General Plan land use designation for the site. E. That the subject property is surrounded by a range of uses including commercial, official, and residential. F. That the proposed change to the General Plan land use designation to High Density Residential (HDR) would allow for the development of high density residential development with a wide range of living accommodations including single-family units, multiple-family dwellings such as, apartments, condominiums, townhomes, cooperatives, and community apartments. G. That the project, as proposed, would have a density of 19.3 du/acre, consistent with high density residential developments. Exhibit A Resolution No. 4462 Page 2 H. That the City conducted a ninety (90) day consultation period on the project with California Native American Tribes pursuant to Government Code Sections 65351 and 65352.3 and received comments that were incorporated into the Mitigation Monitoring and Reporting Program (MMRP). I. That City prepared an Initial Study to evaluate the potential environmental impacts associated with GPA 2022-0001 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared. J. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study were made available to allow for public review and comments from September 15, 2022, to November 10, 2022, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines. K. Public comments were received and a Final MND Declaration with responses to submitted comments was prepared. L. That a public hearing was duly called, noticed and held for GPA 2022-0001 on December 13, 2022 by the Planning Commission. M. That the proposed GPA 2022-0001 is consistent with the following General Plan Land Use goals and policies: a. That the 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. b. Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. c. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. d. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. e. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. Exhibit A Resolution No. 4462 Page 3 f. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. g. Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. N. That the proposed GPA 2022-0001 is consistent with the General Plan Housing Element Goal 1 in that GPA 2022-0001 would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for thirty-eight (38) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. O. That the Planning Commission has considered the Initial Study/MND along with its MMRP in its recommendation that the City Council approve GPA 2022-0001. II. That the Planning Commission does hereby recommend that the City Council approve GPA 2022-0001. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of December, 2022. DAVID J. MELLO, JR. Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Existing and Proposed General Plan Land Use Designation Exhibit A Resolution No. 4462 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4462 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 2022. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A— GPA 2022-0001 Amendment to General Plan Land Use Designation from Professional Office (PO) to High Density Residential (HDR) 17802 and 17842 Irvine Boulevard (APNs: 401-141-13, 401-141-57) PI PI O 4 Subject Property m n n rt rr C C @ IG Irvine Blvd Irvine Blvd FT-�o =1 HDR RANGEW OD�r H. Iry E 00oal +v Hp LDf J0, ❑ ❑ Existing General Plan— 130 Proposed General Plan- HDR ATTACHMENT I RESOLUTION N O. 4463 - ZC 2022-0001 EXH I BIT A RESOLUTION NO. 4463 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1531 APPROVAL OF ZONE CHANGE 2022-0002, AMENDING THE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT (Cl) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC for a General Plan Amendment (GPA) 2022-0001, Zone Change (ZC) 2022- 0001, Design Review (DR) 2022-0004, Density Bonus requests for one (1) Concession relating to the reduction of the required front yard setback along Irvine Boulevard and a Waiver to allow a reduction in required amount of common open space, a Development Agreement (DA) 2022-0002, and a Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two (2)-car garage and private open space for each unit, ten (10) guest surface parking spaces, and common open space areas. The project would also require the demolition of two (2) existing two- story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That a public hearing was duly called, noticed, and held on said application on December 13, 2022, by the Planning Commission. C. That the proposed amendment to the zoning district is in the best interest of the public in that it increases the diversity in available housing for existing and new residents in the City of Tustin. D. That the proposed zone change is consistent with General Plan Amendment 2022-0001 and the policies of the General Plan, as evidenced by the following findings: (a) That the site has been developed with underutilized commercial office complex. Resolution No. 4463 Page 2 (b) That residential uses are more beneficial to adjacent multi-family dwellings than the current commercial uses. (c) That the project is adjacent to other residential uses, particularly multi-family dwellings immediately adjacent to the project site. (d) That the Fiscal Impact Analysis prepared for the project determined that the project would have a positive outcome for the City. (e) That the Planning Commission has considered GPA 2022-0001 and recommended that the City Council approve the request to change the General Plan Land Use Designation from Professional Office (PO) to High Density Residential (HDR). (f) That the proposed zone change is consistent with the General Plan in that the Multi-Family Residential zoning district provides for a multi-family development to meet regional housing needs and is consistent with the following goal and policies of the General Plan Land Use Element: 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. 2. Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. 3. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 4. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. 5. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. 6. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. Resolution No. 4463 Page 3 7. Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. E. That the proposed ZC 2022-0002 is consistent with the General Plan Housing Element Goal 1 in that ZC 2022-0002 would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for thirty-eight (38) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. F. That the proposed project is consistent with the High-Density Residential land use designation which allows for the development of a wide range of living accommodations including single family units, multiple family dwellings such as, apartments, condominiums, townhomes, cooperatives, and community apartments. G. That an Initial Study was prepared to evaluate the potential environmental impacts associated with Zone Change 2022-0001 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1531 approving Zone Change 2022-0001, amending the Zoning designations from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3) zoning district, as identified in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of December 2022. DAVID J. MELLO, JR. Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Draft Ordinance 1531 Resolution No. 4463 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4463 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 2022. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Ordinance No. 1531 Exhibit B: Zone Change Exhibit DRAFT ORDINANCE 1531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT (Cl) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC for a General Plan Amendment (GPA) 2022-0001, Zone Change (ZC) 2022- 0001, Design Review (DR) 2022-0004, Density Bonus requests for one (1) Concession relating to the reduction of the required front yard setback along Irvine Boulevard and a Waiver to allow a reduction in required amount of common open space, a Development Agreement (DA) 2022-0002, and a Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two-car garage and private open space for each unit, ten (10) guest surface parking spaces, and common open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That a public hearing was duly called, noticed and held on said application on December 13, 2022, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution 4463 recommending the Tustin City Council approve Zone Change (ZC) 2022-0001 by adopting Ordinance No. 1531. C. That a public hearing was duly called, noticed, and held on said application on January 17, 2023, by the City Council. D That the proposed amendment to the zoning district is in the best interest of the public in that it increases the diversity in available housing for existing and new residents in the City of Tustin. E. That the proposed zone change is consistent with General Plan Amendment 2002-0001 and the policies of the General Plan, as evidenced by the following findings: 1. That the site has been developed with underutilized commercial office complex. 2. That residential uses are more beneficial to adjacent single-family dwellings than the current commercial uses. 3. That the project is adjacent to other residential uses, particularly multi- family dwellings immediately adjacent to the project site. 4. That the Fiscal Impact Analysis prepared for the project determined that the project would have a positive outcome for the City. 5. That the Planning Commission has considered General Plan Amendment 2022-0001 and recommended that the City Council approve the request to change the General Plan Land Use Designation from Professional Office (PO) to High Density Residential (HDR). 6. That the proposed zone change is consistent with the General Plan in that the Multi-Family Residential zoning district provides for a multi- family development to meet regional housing needs and is consistent with the following goal and policies of the General Plan Land Use Element: a) 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. b) Policy 1.1: Permit compatible multi-family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. c) Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. d) Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. e) Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. f) Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. g) Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. F. That the proposed project is consistent with the General Plan Housing Element Goal 1 in that the project would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for thirty-eight (38) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. G. That the proposed project is consistent with the High Density Residential land use designation which allows for the development of a wide range of living accommodations including single family units, multiple family dwellings such as, apartments, condominiums, townhomes, cooperatives, and community apartments. H. That an Initial Study was prepared to evaluate the potential environmental impacts associated with Zone Change 2022-0001 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared. SECTION 2: That the City Council hereby adopts Ordinance 1531 approving Zone Change 2022-0001, amending the Zoning designations from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3) zoning district, as identified in Exhibit A attached hereto. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 17th day of January, 2023. AUSTIN LUMBARD Mayor Exhibit A: Zoning Map Existing/Proposed ATTEST: ERICA N. YASUDA City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the member of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1531 was duly passed and adopted at a regular meeting of the City Council on January 17, 2023 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCIL MEMBER ABSENT: ERICA N. YASUDA City Clerk EXHIBIT A Exhibit A— ZC-2022-0001 Amendment to the Zoning Land Use Designation from Retail Commercial District (Cl) with Parking Overlay (P) to Multi-Family Residential (R3) 17802 and 17842 Irvine Boulevard (APNs: 401-141-13, 401-141-57) Subject Property 7 T Irvine Blvd Irvine Blvd C R3 5 1 DU ; a, n ��: � I � PD p� Existing Zoning—Cl,P Proposed Zoning— R3 ATTACHMENT J RESOLUTION NO. 4464 DR 2022-0004, DENSITY BONUS CONCESSION WATER REQUESTS, SUB 2022-0002 / TTM NO. 19224 RESOLUTION NO. 4464 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 2022-004, DENSITY BONUS CONCESSION AND WAIVER REQUESTS, AND SUBDIVISION 2022-0002/TENTATIVE TRACT MAP 19224 FOR RESIDENTIAL CONDOMINIUM PURPOSES, AND AUTHORIZING THE SUBDIVISION OF AN APPROXIMATE 2.07 ACRE SITE CONSISTING OF ONE (1) NUMBERED LOT OF FORTY (40) CONDOMINIUM RESIDENCES LOCATED AT 17802 AND 17842 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two- car garage and private open space for each unit, ten (10) guest surface parking spaces, and common and private open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That the Development Application requests the following approvals: • Zone Change (ZC) 2022-0001 — A request to change the Zoning District of the subject property from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3). • Design Review (DR) 2022-0004 for site layout and building design. • Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Boulevard. and a Waiver for a reduction in required common open space. • Development Agreement (DA) 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households and payment of in-lieu fee. • Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) — A request to subdivide the properties for condominium purposes to construct a total of forty (40) units including thirty-eight (38) market rate and two (2) affordable units. Exhibit A Resolution No. 4464 Page 2 C. The project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That Tustin City Code (TCC) Section 9323b2 requires a TTM be prepared for subdivisions creating five (5) or more condominiums as defined in Section 783 of the California Civil Code. E. That TCC Section 9272b requires the applicant obtain DR for site plan, architectural elevations and landscaping for construction of a new development prior to the issuance of any building permit. F. That pursuant to TCC Section 9123, the applicant has requested a Density Bonus State Law Concession for a reduced building setback along Irvine Boulevard that would result in identifiable and actual cost reductions. G. That pursuant to TCC Section 9124, the applicant requested a Density Bonus State Law Waiver for a reduction in required common open space for residential development in the R3 zoning district. H. That pursuant to TCC Sections 9123 and 9124, the Planning Commission recommended findings to support the City Council's approval of the Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Boulevard and a Waiver for a reduction in required common open space. I. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with SUB 2022-0002/TTM 19224, Density Bonus Request, DR 2022-004 and DA 2022-002 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a Mitigated Negative Declaration (MND) was prepared. J. That a Notice of Intent to Adopt a MND was published and the MND and Initial Study were made available to allow for public review and comments from September 15, 2022, to November 10, 2022, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines. K. Public comments were received and a Final MND with responses to submitted comments was prepared. L. That a public hearing was duly called, noticed, and held for SUB 2022-0002/ TTM 19224, DR 2022-0004, Density Bonus request, and DA 2022-002 on December 13, 2022, by the Planning Commission. M. That the Planning Commission considered the Initial Study and the MND (Resolution 4461) and recommended that the City Council find it adequate for SUB 2022-0002/TTM 19224, Density Bonus Request, and DR 2022- 0004. Exhibit A Resolution No. 4464 Page 3 N. That as conditioned, the map would be in conformance with the State Subdivision Map Act and TCC Section 9323 (Subdivision Code) in that: 1. The proposed TTM 19224 and improvements are consistent with GPA 2022-0001, ZC 2022-0001, TCC, and Subdivision Map Act. 2. The site is physically suitable for the type of development and proposed density in that the development of forty (40) condominium residences on a 2.07-acre parcel and is within the allowable density requirements of GPA 2022-0001. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage in that the development is located on an improved parcel within an urbanized area and any potential environmental impacts can be mitigated to a level less than significant. 4. The design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems, and the development is in compliance with the Zoning Code, except for those development standards associated with the Density Bonus request, and will be required to comply with the applicable building and life safety codes. 5. That the waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board in that the development will be permitted through the Orange County Sanitation District to utilize community sewer facilities. 6. That recommendations provided in the preliminary geotechnical report would be implemented in the grading and foundation improvements associated with the project. O. That the City's Public Works Department has reviewed the map and determined that, as conditioned, it is technically correct. P. That the project meets the development standards of the Multi-Family Residential (R-3) zoning district. Q. That TCC Section 9331d requires the subdivider to dedicate parkland or pay an in-lieu fee of providing a parkland dedication. R. That common open space in excess of what is required by TCC is not provided and the project includes a subdivision of less than fifty(50) parcels. Pursuant to TCC 9331 d3, the applicant shall be required to pay a park in- lieu fee for the entire parkland dedication of 11,674 square feet. The fee would be based on the fair market value per Condition of Approval No. 3.3 and the fee would be determined at time of recordation of the Final Map and Exhibit A Resolution No. 4464 Page 4 payable prior to issuance of a Certificate of Occupancy. S. That the proposed project is consistent with the General Plan Housing Element Goal 1 in that the project would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for thirty-eight (38) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. T. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that there are existing multi-family residences in the area of a similar massing and scale. In addition, the architectural design and features are an enhancement to the existing housing stock in the neighborhood. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structures. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, and roof structures. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 9. Location and appearance of mechanical and electrical equipment. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Development guidelines and criteria as adopted by the City Council. • Building Design. The project is designed to be a vibrant, high- quality residential development. The architectural style is contemporary and features clean lines, ample glazing and fenestration, windows with trim surrounds and siding, metal louvered awnings, and subtle color schemes. The building elevations include vertical and horizontal architectural features and color schemes that break up the overall massing Exhibit A Resolution No. 4464 Page 5 and provide visual interest. While all of the buildings would have similarities in design, the attached and detached units are designed to exhibit unique fagade characteristics as shown in the elevations. • Site Layout. The lot width of approximately 467 feet is bifurcated with a 27-foot wide, two-way driveway, that provides the singular entry and exit point to the site. The driveway entry is flanked by 12-foot wide landscaped planting areas and the easterly side of the driveway provides an enhanced pedestrian path of travel into the site, featuring a four-foot wide pathway. The contemporary design features incorporate "stepped-back"design features along Irvine Blvd. that provide massing relief for the three-story buildings. Building heights are proposed to comply with maximum allowable height of 35-feet for the R3 zone, roof top mechanical equipment would be fully enclosed within a parapet, and other electrical equipment would be screened from public view • Access and Circulation. The project would include one twenty- seven (27) foot-wide driveway on Irvine Boulevard. The driveway would connect to a twenty-four(24) foot-wide drive isle that loops around the interior of the project site. On-site drive aisles would provide direct access to garages and on-site guest parking. Pedestrian sidewalks and pathways would be installed to circulate the site and connect to the proposed Pocket Park located within the center of the site. • Parking. TCC 9263 requires a minimum of two (2) covered spaces for each dwelling unit, plus 1 unassigned guest space for every 4 units for multifamily residential projects. As proposed, the project meet the requirements as summarized in Table 4. The project would include two enclosed garage parking stalls per unit (80 total) and ten (10) uncovered parking spaces. • Private and Common Open Space. Each unit is designed with a private entrance and a minimum of 100 square feet of private open space. Thirty(30) units are designed to with a unique roof deck amenity to serve as the private open space. The viewshed exhibits for proposed roof decks confirmed that the roofline design will provide privacy for adjacent properties. The project has a combined private open space area of 17,081 square feet, with an average of 427 square feet of private open space per unit which exceeds the minimum open space requirement required in an R3 zone. A total of four (4) common open spaces areas are designed within the project site to promote Exhibit A Resolution No. 4464 Page 6 passive or active lifestyles, highlighted by the pocket park area. The total common open space provided is 10,531 square feet, with an average of 263 square feet provided per unit. • Lighting: Proposed outdoor lighting would be typical of residential uses and would consist of wall-mounted lighting, pole-mounted lights along the driveway, path lights/bollards, and landscape lighting. All of the Project's outdoor lighting would be shielded to minimize off-site spill and would be in compliance with Tustin City Code Section 9271hh. • Wall and Fences: The project includes construction of a new six (6) foot-high concrete masonry unit(CMU) block wall along the east, south, and west perimeter of the project site. The applicant proposes to remove the existing double wall along the southern property line between the existing residential development and the project site, and replace with a new 6- foot-high CMU wall. The new walls would be screened with landscaping including vines. The northeast corner of the site would also include a new wrought iron fence on top of three (3) foot-high block wall to match existing wall on the eastern property line at the project frontage. The southeast corner of the site would also include a wrought iron fence for maintenance access to proposed catch basin. The project includes forty-two (42) inch stucco private courtyard walls and 6-foot-high stucco side yard walls for proposed private open space areas for some units. The project also includes decorative wood-like fences, and metal fencing to provide additional screening for interior areas of the site. • Density Bonus Concession: The applicant is requesting a Density Bonus Concession to allow a reduced building setback as measured from the property line adjacent to Irvine Blvd. The R3 development standards require a fifteen (15) foot building setback and the applicant requests a concession to allow a minimum building setback of six (6) feet. Certain areas of the building fronting Irvine Blvd. would have a maximum building setback of nine (9) feet-nine (9) inches. • Density Bonus Waiver.- Pursuant to TCC 9226d2, 300 square feet of common open space is required per unit or 12,000 square feet of total common open space for the subject project. The applicant is requesting a Density Bonus Waiver of the R3 common open space requirement to be able to provide 10,531 square feet of common open space, or 1,469 square feet less than what is required by TCC. Exhibit A Resolution No. 4464 Page 7 II. The Planning Commission hereby recommends that the City Council approve SUB 2022-0002/TTM 19224, DR 2022-004, and Density Bonus Concession and Waiver Requests authorizing the subdivision of an existing 2.07-acre site consisting of one (1) numbered lot for the development of forty (40) condominium residences, including thirty-eight (38) market rate and two (2) affordable units located at 17802 and 17842 Irvine Boulevard, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of December, 2022. DAVID J. MELLO, JR. Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Conditions of Approval Exhibit B: Tentative Tract Map (TTM) 19224 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4464 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 2022. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A: CONDITIONS OF APPROVAL EXHIBIT A CONDITIONS OF APPROVAL GPA 2022-0001, ZC 2022-0001, SUB 2022-0002/TTM 19224, DR 2022-0004, DENSITY BONUS CONCESSION AND WAIVER REQUESTS, AND DA 2022-0002 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 13, 2022, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Approval of Design Review (DR) 2022-0004 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twenty-four (24) months of this approval, unless otherwise provided for by Development Agreement (DA) 2022-0002. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of GPA 2022-0001, ZC 2022-0001, SUB 2022-0002/TTM 19224, DR 2022-0004, Density Bonus Concession and Waiver, and DA 2022-0002 are contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed"form and the applicant and/or property owner signing and recording with the County Clerk Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 2 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of GPA 2022-0001, ZC 2022-0001, SUB 2022- 0002/TTM 19224, DR 2022-0004, Density Bonus Concession and Waiver, and DA 2022-0002, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.8 All activities shall comply with the City's Noise Ordinance per Chapter 6 of Article 4 of the TCC. (1) 1.9 This approval shall become null and void if GPA 2022-0001, ZC 2022-001 and the associated DA is not approved and executed. The applicant shall comply with executed DA 2022-0002. (1) 1.10 In the case of any conflict between these conditions of approval and DA 2022- 0002 (DA), the DA between the City of Tustin and Developer shall govern. DEVELOPMENT AGREEMENT (PUBLIC BENEFITS) (***) 2.1 The DA between the City of Tustin and the Developer shall be signed and recorded upon adoption. (***) 2.2 Per TCC Section B9923c, the Housing Incentive Program Agreement (Housing Agreement) to memorialize the provision of very-low income housing, payment of an in-lieu fee, and the granting of the requested concession shall be executed and recorded between the City of Tustin and the Developer prior to the issuance of building permits. Said Agreement shall be recorded against the entire property. The Housing Incentive Agreement may include provisions for the following terms, but not limited to: 1) equity sharing, 2) level of affordability, and 3) terms of affordability. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 3 TENTATIVE TRACT MAP 19224 / FINAL MAP CONDITIONS (1) 3.1 Preparation and recordation of a final subdivision map shall be required. Within twenty-four (24) months from Tentative Map approval, the applicant shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of TCC Section 9323 and the State Subdivision Map Act. The Final Map shall be submitted for review, processing, and recording at least ninety (90) days prior to the expiration of the Tentative Map. Time extensions shall be in conformance with the provision of TCC Section 9323e3 and State Subdivision Map Act. (1) 3.2 Prior to approval of the Final Tract Map 19224, the developer shall enter into a landscape maintenance agreement with the City of Tustin for maintenance of parkway improvements adjacent to the project along Irvine Boulevard. The applicant shall be responsible for preparing the agreement exhibit(s) and the City Attorney's cost for preparing the agreement. (1) 3.3 Prior to submittal of an application to the City for approval of the final map, the applicant is required to submit to the City a report to establish the required Park Land Fee, per TCC 9331, which requires that fair market value be determined by a Master Appraisal Institute (MAI) Designated member of the Appraisal Institute acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative map for which the fees are required. Park Land Fee shall be approved by the Community Development Director and prior to issuance of a Certificate of Occupancy for a residential unit of the project, the developer shall pay a per unit park in-lieu fee, as each certificate of occupancy is issued by the City. (1) 3.4 Prior to approval of the final map, the applicant is required to execute a subdivision and monumentation agreement and furnish improvement and monumentation bonds, all on forms acceptable to the City. An alternative timeline shall be subject to review and approval by the Public Works and Community Development Directors. (1) 3.5 Subdivider shall dedicate in Fee Title Irvine Boulevard to the City of Tustin, at no cost to the City, on the map. (1) 3.6 Subdivider shall release and relinquish to the City of Tustin, all vehicular access rights along Irvine Boulevard except at approved access locations and street intersections, at no cost to the City, on the map. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 4 (1) 3.7 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; and dedication of emergency vehicles access and public services ingress and egress purposes over the private street, sewer easements, and water easements defined and approved as to specific locations by the City Engineer(at no cost to the City) and/or other agencies. (1) 3.8 Prior to issuance of any permit, the applicant shall submit an 8 %" x 11" street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, foot print of building(s), and streets. USE RESTRICTIONS (***) 4.1 The project shall include construction of a new, multi-family residential development project at the project location on an approximate 2.07-acre (net) site. The Project would include forty (40) three-story residential units (including 38 market rate and two (2) very low affordable units or 50% AMI) within eighteen (18) duplexes (36 units) and four (4) single- family residences. The proposed density of the project would be approximately 19.3 dwelling units per acre, which is consistent with the maximum density in the High Density Residential land use designation that allows up to twenty-five (25) dwelling units per acre. The project would include a fully enclosed, two-car garage for each unit, and ten (10) uncovered guest parking spaces. Additionally, the proposed project would include landscaping, private and common open space including community gathering and BBQ areas, and utility and access improvements. The project also includes a density bonus request for one (1) Concession for the front yard setback from Irvine Blvd. building line setback requirement of ten (10) feet from right-of-way line, to allow a six (6) foot minimum front yard setback be applied along Irvine Blvd, and a Waiver to allow a reduction in common open space requirement of 12,000 square feet total (or 300 SF per unit), to allow 10,531 square feet total (or 263 SF per unit). The project would also demolish two (2) existing two-story office buildings. (4) 4.2 All parking spaces shall be maintained as shown on the approved plans dated December 13, 2022. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. (1) 4.3 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 5 4.4 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determines that the vehicle turn movements into and out of the project driveway need to be reassessed, the Community Development Director, Police Chief, and/or Public Works Department may require applicant to prepare a traffic analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate capacity at the project driveway, the applicant (***) shall be required to provide measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said measures may include, but are not limited to, the following: a) Restricting left-turn movements into and out of the project driveway during specified hours. CONDITIONS. COVENANTS & RESTRICTIONS (CC&Rs) (1) 5.1 Prior to the approval of the final map, all organizational documents for the project, including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. (1) 5.2 CC&Rs submitted to the City for review shall contain a table itemizing each of the requirements identified herein and the page/paragraph where they are addressed in the CC&Rs. (1) 5.3 The approved CC&Rs shall be recorded with County Recorder's Office concurrent with the Final Map. A copy of the final documents shall be submitted to the Community Development Department after recordation. (1) 5.4 No dwelling unit in the development shall be sold or a Certificate of Occupancy issued, unless a homeowners association has been legally formed with the right to assess all units which are jointly owned or benefitted to operate and maintain all other mutually available features of the development including, but not limited to, public and private open space, amenities, landscaping, private street, and utilities. (1) 5.5 The CC&Rs shall include, but are not be limited to, the following provisions: PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 6 A. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including open space, landscaped areas, roof decks, walls and fences, private roadways (i.e., walkways, sidewalks, paseos, driveways), lighting, and furnishings, awnings, trash enclosures, water quality management plan BMPs and private utilities, if any, shall be established in the CC&Rs. D. Private open space areas within the common area shall be illustrated on a "Private Open Space Exhibit" and shall be made part of the CC&Rs and shall specify those portions of the open space area that are allocated for private use. The CC&Rs shall include provisions for authorized uses and structures, access, maintenance, and restrictions in the private use areas to minimize noise and light disruptions to adjacent properties. E. Membership in the homeowners association shall be inseparable from ownership in individual units. F. Architectural controls shall be provided and may include, but not be limited to, provisions regulating architectural features, exterior finishes, roof materials, fences and walls, balconies, roof decks, accessory structures such as patios, sunshades, trellises, gazebos, awnings, exterior mechanical equipment, television and radio antenna, consistent with the TCC. G. Maintenance standards shall be provided for applicable items listed in Section C above in CC&Rs. Examples of maintenance standards are shown below. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, and free of debris and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 7 maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private drives, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways shall be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. H. Homeowners association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&Rs. I. A "Parking and Circulation Exhibit" shall be made part of the CC&Rs and shall be enforced by the homeowners association. In addition to the exhibit, provisions regarding parking shall be included in the CC&Rs, including the following: 1. A total of ninety (90) parking spaces shall be available onsite. At a minimum, a total of eighty (80) parking spaces shall be available onsite permanently maintained at a rate of two garage spaces per dwelling unit. An additional minimum of ten (10) unassigned guest spaces shall be permanently provided on site at a rate of 0.25 per unit. Any changes to the parking shall be subject to the review and approval by the Community Development Department in accordance with TCC. 2. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed seven (7) feet high, seven (7) feet wide, and nineteen (19) feet long in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs except that the homeowners association may adopt rules and PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 8 regulations to authorize exceptions. 3. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 4. The homeowners association shall be responsible for monitoring and enforcing all parking regulations on private property. The proposed CC&Rs shall include provisions requiring the association to develop and adopt an enforcement program for parking regulations within the development which may include measures for fire access and enforcement by a private security company. J. Provisions for enforcing individual trash cart placement at designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than noon on the day before scheduled collections and removed within twelve (12) hours of collection. K. Maintenance of all common areas, driveways, etc., shall be by the homeowners association. L. Television and radio antennas shall be installed in accordance with the requirements of the TCC. M. All utility services serving the site shall be installed and maintained underground pursuant to TCC 9271 . N. The homeowners association shall be required to file the names, addresses, and telephone numbers of at least one (1) member of the homeowners association Board and, where applicable, a manager of the project before January 1st of each year with the Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. O. The homeowners association shall be responsible for establishing and following procedures for providing access to public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. P. No amendment to alter, modify, terminate, or change the homeowners association's obligation to maintain the common areas PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 9 and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate, or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be permitted without the prior written approval of the Community Development Department. HOMEBUYER NOTIFICATION (1) 6.1 Prior to recordation of the final map, the subdivider shall submit to the Community Development Department for review and approval a homebuyer notification document that includes, but is not limited to, the notifications listed below. The notification document shall be signed by each homebuyer prior to final inspection and occupancy, and a copy of each signed notification shall be provided to the Community Development Department prior to final inspection and/or issuance of each Certificate of Occupancy. A. A notice for roadway, airplane noise, and noise generated from the Columbus Tustin park and playground that may impact the subdivision, including roadway noise associated with Irvine Boulevard and Prospect Avenue. B. A notice regarding units that are adjacent to aboveground utilities or structures (such as light standards and fire hydrants) identifying the type of structure and their locations. C. A notice indicating that any use of a residence for a business shall be subject to the City's Home Occupation Ordinance and will require zoning clearance and a business license. D. A notice explaining the easements, facilities, amenities, and dedications that will be provided and indicating all on-site driveways and common areas are to be maintained by the homeowners association. E. A notice stating trash bins shall be placed in designated curb areas as shown on the approved "Trash Pick-up Plan" no earlier than twelve (12) hours prior to the scheduled collections and removed within twelve (12) hours of collection. F. A notice explaining and providing a copy of the approved "Parking Plan" and related CC&Rs provisions. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 10 G. A notice explaining and providing a copy of the approved "CR&R" Hauler Route". H. A notice explaining and providing a copy of the approved "Phasing Plan"for future construction within the subdivision and that activity may be disruptive. SITE AND BUILDING DESIGN (4) 7.1 Project signage shall be reviewed under separate permit and are not part of the project approval. (4) 7.2 Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (4) 7.3 Project materials shall comply with those identified in the approved plans and are subject to field verification. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 7.4 All mechanical and electrical equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers located adjacent to Irvine Boulevard shall be both painted to blend with the adjacent building and be screened by adequate landscaping; together paint and landscaping shall be provided to minimize visual impacts of the equipment. (4) 7.5 Balcony run-off shall be integrated into the building structure and storm drain system. Balcony drain water shall not drain down the side of balconies and/or building exterior. (4) 7.6 Construction drawings shall specify use of anti-graffiti products for treatment of both sides of the wall along the property line. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 11 (4) 7.7 All utilities shall be placed underground pursuant to TCC 9271. LANDSCAPING (1, 6) 8.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of the Water Efficient Landscape Ordinance and Section 9266e of the TCC. NOISE (1) 9.1 Prior to the issuance of a building permit, the Applicant/ Developer shall submit a final acoustical report to the Community Development Director, or designee, which shall identify all reasonable and feasible noise attenuation measures to satisfy the exterior noise level standard, as defined by the City of Tustin General Plan Noise Element and TCC Article 4, Chapter 6, Section 4614(c). (1) 9.2 Prior to the issuance of a building permit, the Applicant/ Developer shall submit a final acoustical report to the Community Development Director, or designee, that demonstrates that the interior noise levels in all habitable rooms will satisfy the 45 dBA CNEL interior noise level standard of the City of Tustin General Plan Noise Element, Article 4, Chapter 6, Section 4615 of the TCC, and Title 24, Part 2, of the California Building Code. ORANGE COUNTY FIRE AUTHORITY (1, 5) 10.1 Prior to Final Map approval or issuance of a precise grading permit, the applicant shall submit a Fire Master Plan (service code PR145) and Final Tract Map for review and pay all fees associated therewith. (1, 5) 10.2 Prior to issuance of building permits, the applicant shall submit plans for residential fire sprinklers, sprinkler monitoring system and fire alarm system. A detailed plan of the roof deck shall be included with the plans to clarify the occupancy and alarm and/or sprinklers for the roof deck. (1, 5) 10.3 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five (5) days in advance to schedule the lumber drop inspection. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 12 (1, 5) 10.4 Prior to commencement of construction, applicant shall attend a pre- construction meeting with an OCFA inspector. WATER QUALITY MANAGEMENT PLAN (1) 11.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 11.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Final Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1) 11.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of two-thousand-eight-hundred-thirty-five dollars ($2,835.00) to the Public Works Department for the estimated cost of reviewing the WQMP. (1) 11.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification" with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 11.5 Prior to issuance of any grading permit, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Quality Control Board. (1) 11.6 Prior to approval of the final WQMP, the applicant shall perform percolation testingat the location of the proposed BMPs, currently obstructed by existing buildings. Revised BMP sizing calculations shall be provided using the proven infiltration rate with an appropriate factor of safety applied, as specified in the Technical Guidance PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 13 Document (TGD). BMP selection and design shall be revised, as necessary. (1) 11.7 Final hydrology plans shall be submitted to the City for review based upon the project's final design calculations and project elements. STREET IMPROVEMENTS (1) 12.1 Prior to issuance of a Certificate of Occupancy, the applicant shall complete street improvements on Irvine Boulevard along the project frontage consisting of: a. Proposed driveway apron(s) on Irvine Boulevard shall be designed and constructed per the current City of Tustin Commercial Driveway Standard No. 210 with minimum radius of twenty-five (25) feet with modified curb ramp design. b. The applicant shall remove the existing driveway aprons and design and construct new curb and gutter and sidewalk at the old driveway locations along the project frontage. c. To accommodate the proposed Irvine Boulevard driveway apron location, the applicant shall relocate the existing City owned street light, at the applicant's cost. The applicant shall coordinate and obtain the necessary approval for redirection of power to the new pole location with Southern California Edison, at the applicant's cost. d. The applicant shall construct and/or replace any missing or damaged public improvements adjacent to this development. (1) 12.2 The applicant shall design and construct the landscape and irrigation system along the project frontage on Irvine Boulevard. The project parkway landscape improvements shall meet the most current City of Tustin Public Works Standard Drawings and follow the recommendations of the final Sight Distance Analysis for the Irvine Boulevard Residential Project by Linscott Law & Greenspan. Street trees recommended for eastbound Irvine Boulevard are based on the Sight Distance Analysis: 36" box Quillaja Saponaria and Tristania laurina. Alternative street trees and size shall be reviewed and approved by the City's Arborist. (1) 12.3 Prior to any work in the public right-of-way, an Encroachment Permit PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 14 shall be obtained from and applicable fees paid to the Public Works Department. (1) 12.4 Prior to issuance of a grading permit and an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible public improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Water Improvement Plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (1) 12.5 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. WATER IMPROVEMENTS (1) 13.1 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. a. If a Double Check Detector Assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right- of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b. If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. c. If the applicant proposes to use an irrigation system, then a separate water meter shall be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. (1) 13.2 The applicant is responsible for all costs related to the installation, PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 15 upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. (1, 5) 13.3 If an onsite public domestic water main is proposed, it shall be a looped system with two points of connections to the main in Irvine Boulevard. (1, 5) 13.4 Prior to issuance of a grading permit or receiving water services, whichever occurs first, the applicant shall submit a water permit application to East Orange County Water District (EOCWD), and is responsible for all application, connection and other EOCWD fees. (1, 5) 13.5 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the OCFA. Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 13.6 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING CONDITIONS (1, 3) 14.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a fifty dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount shall be collected in accordance with the TCC. C. Prior to the issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 16 check, personal check, or money order made payable to the "City of Tustin". (1) 14.2 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. For residential properties assigned containers for their individual use, placement of containers for collection by the City's contracted hauler shall be adjacent to the specific residence for which they are assigned with no less than one (1) foot of space between containers. Driveways must be fully accessible at all times. Placement of containers for collection must allow for ADA access in accordance with Section 16. d. All developments that plan for the use of carts in residential projects needs to account for the collection of three waste streams: trash, recycling, and organics. For residential units with limited landscaped areas, a fair design standard is one 90- gallon cart for trash, one 90-gallon cart for recycling, and one 65-gallon cart for organics. This represents the largest size containers that will be offered to these units. MISCELLANEOUS PUBLIC WORKS CONDITIONS (1) 15.1 Prior to issuance of a Building Permit(s), the applicant shall provide written approval from the East Orange County Water District for sanitary sewer service connections to the City of Tustin. (1) 15.2 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and Iinotype conventions are AutoCAD-based (latest version available upon request from the Public Works PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 17 Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. (1) 15.3 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development. BUILDING PLAN SUBMITTAL (1) 16.1 The final approved conditions of approval shall be reprinted on the first or second page of the construction documents when submitting to the Building Department for the plan check process. (1, 3) 16.2 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, state and federal laws, and regulations as adopted by the Tustin City Council. If the permit application for the buildings are submitted after January 1, 2023, the Buildings must comply with the 2022 California Code series. (1) 16.3 Prior to the issuance of the demolition permit, the Developer shall submit plans to the Community Development Director for fencing or other temporary enclosure to shield the project site from pedestrian and vehicular view on Irvine Boulevard and Prospect Avenue, and properties along the property line for review and approval. Such fencing or enclosure shall remain in place until the project is completed. (1) 16.4 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (1) 16.5 A soils report is required for all new residential construction. A soils report addressing foundation and seismic designs shall be provided for review with the construction documents. (1) 16.6 Fire sprinklers shall be required in all newly constructed buildings. The detached single-family and duplex townhome units shall be fire PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 18 sprinklered in accordance with NFPA 13-D. CBC 903.3.1.3. (1) 16.7 All direct service overhead powerlines serving the property shall be located underground pursuant to TCC 9271 . (1) 16.8 Prior to issuance of a grading permit, the applicant or developer shall provide "will-serve" letters from all utility providers. (1, 2) 16.9 Prior to issuance of grading permit and building permit, a revised Mitigation Monitoring and Reporting Program (MMRP) matrix/spreadsheet shall be submitted to the City, as applicable, for review and compliance with the mitigation measures for 17802 Irvine Boulevard Residential Project MND dated September 2022. See conditions under Environmental/CEQA section below starting at COA #18.1. (1, 2) 16.10 Prior to Certificate of Occupancy, the project shall demonstrate compliance with all applicable mitigation measures in the MMRP for 17802 Irvine Boulevard Residential Project MND dated September 2022. A final mitigation monitoring matrix/spreadsheet shall be submitted to the City. FEES (1, 5) 17.1 Prior to issuance of a Certificate of Occupancy for a residential unit of the project, Developer shall pay a per unit park in-lieu fee, as each certificate of occupancy is issued by the City. (1, 5) 17.2 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1 st of each year. (1, 5) 17.3 Developer shall pay an affordable housing in-lieu fee in the amount and timeframe specified in the executed associated Housing Incentive Agreement. (1) 17.4 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) and a CASHIER'S CHECK payable to the California Department of Fish &Wildlife (CDFW) in the amount of Two thousand PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 19 five hundred and forty eight dollars ($2,548.00), or in the current CDFW fee at the time of filing, to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ENVIRONMENTAL / MITIGATED NEGATIVE DECLARATION MITIGATION MONITORING AND REPORTING PROGRAM (MMRPI MITIGATION MEASURES (2) 18.1 The project shall comply with the MMRP for 17802 Irvine Boulevard Residential Project MND dated September 2022 (PC Resolution 4461). Mitigation Measure BIO-1: Migratory Bird Treaty Act. Prior to commencement of grading activities, the City Building Division shall verify that, in the event that vegetation and tree removal activities occur within the active breeding season for birds (February 1— September 15), the Project applicant(or their Construction Contractor) shall retain a qualified biologist (meaning a professional biologist that is familiar with local birds and their nesting behaviors) to conduct a nesting bird survey no more than three (3) days prior to commencement of construction activities. The nesting survey shall include the Project site and areas immediately adjacent to the site that could potentially be affected by Project-related construction activities, such as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet of the designated construction area prior to construction, the qualified biologist shall establish an appropriate buffer around the active nests (e.g., as much as 500 feet for raptors and 300 feet for non-raptors [subject to the recommendations of the qualified biologist]), and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Mitigation Measure CUL-1: Inadvertent Discovery. In the event that potential archaeological resources are discovered during excavation, grading, or construction activities, work shall cease within fifty(50)feet of the find until a qualified archaeologist from the City or County List of Qualified Archaeologists has evaluated the find to determine PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 20 whether the find constitutes a "unique archaeological resource," as defined in Section 21083.2(g) of the California Public Resources Code. Any resources identified shall be treated in accordance with California Public Resources Code Section 21083.2(g). If the discovered resource(s) appears Native American in origin, a Native American Monitor shall be contacted to evaluate any potential tribal cultural resource(s) and shall have the opportunity to consult on appropriate treatment and curation of these resources. The discovery would also be reported to the City and the South Central Coastal Information Center (SCCIC). Prior to the issuance of any permits for ground-disturbing activities that include the excavation of soils (including as grading, excavation, and trenching), the City of Tustin shall ensure that all Project grading and construction plans and specifications include requirement to halt construction activity and contact an archaeologist as specified above. Mitigation Measure PAL-1: Paleontological Resources. Prior to issuance of a grading permit, the City of Tustin Building Division shall verify that all Project grading and construction plans and specifications state that in the event that potential paleontological resources are discovered during earth disturbance activities, the discovery shall be cordoned off with a 100-foot radius buffer so as to protect the discovery from further potential damage until a qualified paleontologist (i.e., a practicing paleontologist that is recognized in the paleontological community and is proficient in vertebrate paleontology) from the City or County List of Qualified Paleontologists has evaluated the find in accordance with federal and state regulations. Construction personnel shall not collect or move any paleontological materials and associated materials. If the discovery is determined to be significant by the paleontologist, a Paleontological Resources Impact Mitigation Plan (PRIMP) shall be implemented, which will include notification of appropriate personnel involved and monitoring of earth disturbance activities: 1. Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontological monitor. Monitoring will be conducted full-time in areas of grading or excavation in undisturbed sedimentary deposits. 2. Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 21 be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or, if present, are determined on exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery. 3. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils are collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected. Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place. On mass grading projects, discovered fossil sites are protected by flagging to prevent them from being overrun by earthmovers (scrapers) before salvage begins. Fossils are collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor's construction equipment may be solicited to help remove the jacket to a safe location. 4. Isolated fossils are collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place. 5. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one (1) to several five (5)- gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one (1) or two (2) buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 22 bones within the sediments. If present, as many as twenty (20) to forty (40) five (5)-gallon buckets of sediment can be collected and returned to a separate facility to wet screen the sediment. 6. In accordance with the "Microfossil Salvage" section of the Society of Vertebrate Paleontology guidelines (2010:7), bulk sampling and screening of fine-grained sedimentary deposits (including carbonate-rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil "microvertebrates" to Paleontological Assessment for the 17802 Irvine Boulevard Project test the feasibility of the deposit to yield fossil bones and teeth. 7. In the laboratory, individual fossils are cleaned of extraneous matrix, any breaks are repaired, and the specimen, if needed, is stabilized by soaking in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72). 8. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time- consuming than for accumulations of invertebrate fossils. 9. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the former Cooper Center facility of OC Parks) shall be conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency (e.g., the City of Tustin) will be consulted on the repository/museum to receive the fossil material. 10.A final report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 23 Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. 1. The project applicant/ lead agency shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians — Kizh Nation. The monitor shall be retained prior to the commencement of any "ground-disturbing activity" for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground-disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. 2. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. 3. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. 4. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground- disturbing activities on the project site or in connection with the project are complete; or(2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 24 5. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects. 1. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. 2. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground- disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. 3. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). 4. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 25 monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) 5. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. 6. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Mitigation Measure TCR-3: Procedures for Burials and Funerary Remains. 1. As the Most Likely Descendant ("MLD"), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. 2. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. 3. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. 4. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 26 covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed. 5. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. 6. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six (6) months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. 7. The Tribe will work closely with the project's qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. MMRP — PLANS, PROGRAMS, POLICIES (1) 18.2 PPP AES-1: Lighting. Prior to issuance of building permits, the applicant shall submit a photometric lighting plan to the Building Division showing compliance with TCC Section 8102, which requires a minimum of one-foot candle of light on the private drives and parking PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 27 surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The photometric plan must also show no light spillage pursuant to TCC Section 9271(hh). (1) 18.3 PPP AQ-1: Rule 402. Project construction plans and specifications shall state that the Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. (1) 18.4 PPP AQ-2: Rule 403. The construction plans and specifications shall state that the Project is required to comply with the provisions of SCAQMD Rule 403, which includes the following: a. All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed twenty-five (25) mph per SCAQMD guidelines in order to limit fugitive dust emissions. b. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least three (3) times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day. c. The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to fifteen (15) miles per hour or less. (1) 18.5 PPP AQ-3: Rule 1113. The construction plans and specifications shall state that the Project is required to comply with the provisions of SCAQMD Rule 1113. Only "Low-Volatile Organic Compounds" paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used. (1) 18.6 PPP CUL-1: Human Remains. In the event that human remains are encountered on the Project site, work within 50 feet of the discovery shall cease and the County Coroner shall be notified immediately consistent with the requirements of California Code of Regulations (CCR) Section 15064.5(e). State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 28 to Public Resources Code (PRC) Section 5097.98. Prior to the issuance of grading permits, the City Community and Planning, Building, and Code Enforcement Department Director, or designee, shall verify that all grading plans specify the requirements of CCR Section 15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98, as stated above. (1) 18.7 PPP E-1. CALGreen Compliance: The Project is required to comply with the CALGreen Building Standards Code as included in TCC Section 8100 to ensure efficient use of energy. CALGreen specifications are required to be incorporated into building plans as a condition of building permit approval. (1) 18.8 PPP E-2: Idling Regulations. The Project is required to comply with California Air Resources Board (CARB) Rule 2485 (13 CCR, Chapter 10 Section 2485), Airborne Toxic Control Measure to Limit Diesel- Fueled Commercial Motor Vehicle Idling. (1) 18.9 PPP GEO-1: California Building Code. The project is required to comply with the California Building Code as included in TCC Article 8, Chapter 1, Section 8100 to preclude significant adverse effects associated with seismic hazards. California Building Code related and geologist and/or civil engineer specifications for the project are required to be incorporated into grading plans and specifications as a condition of project approval. (1) 18.10 PPP HAZ-1: SCAQMD Rule 1403, Asbestos. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos is found, the Project applicant shall follow all procedural requirements and regulations SCAQMD Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. (1) 18.11 PPP HAZ-2: Lead Based Paint. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 29 paint. Cal-OSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. (1) 18.12 PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. (1) 18.13 PPP WQ-2: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be prepared by the Project applicant and submitted to and approved by the City Public Works Division. The WQMP shall identify all Post-Construction, Site Design. Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development Project in order to minimize the adverse effects on receiving waters. (1) 18.14 PPP N-1: TCC Section 4616(2) regarding Specific Disturbing Noises Prohibited. Construction, repairing, remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation, grading, paving or construction of any building or site is prohibited between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours Sundays and city observed federal holidays. Trucks, vehicles and equipment that are making or are involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on or adjacent to said sites outside of the approved hours for construction activity. (1) 18.15 PPP PS-1: Schools Development Impact Fees. Prior to issuance of building permit, the Project shall pay applicable development fees levied by the Tustin Unified School District pursuant to the School Facilities Act (Senate Bill [SB] 50, Stats. 1998, c.407). PC RESOLUTION NO 4463 GPA 2022-0001, ZC 2022-0001, DR 2022-0004, DENSITY BONUS CONCESSION &WAIVER, DA 2022-0002 AND SUB 2022-0002/ TTM 19224 Page 30 (1) 18.16 PPP PS-2: Park Fees. As a condition of the approval of a tentative map, the Project shall pay applicable park related fees pursuant to TCC Section 9331. (1) 18.17 PPP UT-1: Solid Waste. As required by Section 5.408.1 of the 2019 California Green Building Standards Code, and AB 341 the Project shall implement a Waste Management Plan to ensure that the construction and operational diversion requirements would be met. (1) 18.18 PPP UT-2: Organic Waste Disposal. As required by SB 1383, organic waste, including yard trimmings and food waste, will be diverted from landfills through City organic waste recycling services. EXHIBIT B: TENTATIVE TRACT MAP (TTM) 19224 TENTATIVE TRACT MAP NO. 19224 FOR CONDOMINIUM PURPOSES CIVIL ENGINEER CITY OF TUSTIN,COUNTY OF ORANGE,STATE OF CALIFORNIA 1111 11 111—111L� P., 11 PSL,-1.1EI1xI 11 SNE ADOREss: —E LL Is �1- 12- ........� P-111 Ll.a-11—LIlEl P111 SHEET INDEX BASS OF BEARINGS: '_"",,"E_ IZIEZI I1111PILl'I ILE -1-L-1111 DATUM STATEMENT 4L III IHT HIIIII IK"I"ll mry I "I'lo" 11 I'll cory VICINITY MAP ClIG�PS LL -LE 1-1 11 'F'I'l'H' mP,P_E,V, xII"'H 1. aces xn11 1-1 IID MILI'll II0111 D—El 11—V I 0— BENCHMARK SWEMENT I P' L'IE D......1 7 L�IVTI 1"'HE' IRVINE BOULEVARD ,He tux„D P"pl"y rws 11. —1.1 =10FoL'.' 'LE'l”' —1 FO = , LII nrecs al LlIl 1H.Ill 11-1 Il EIFE— 1 2011 SYMBOLS ———————————— MAPPING SUMMARY El 7 .1 LIT 101--ll I IEl) P-1111 I—El 'II P. EXSTNG EASEMEWES PI- I Mlj�'��"%olol'�%-'�P�VIT'E' -11 PL Pl= 1 1-1 OF .1 11.101 .1101V�ll I_IF El I--1�) PILI ` 1111-EEI Ti 'n,IT I lEll- MARC L I ———————— 1-1 ol —'. N.A. PO'I'ml 11-1 'I'T�-I'l'—-lMlIT IS 11 Ell— PARCEL 2 PARCEL 3 1-1 OF Ill-11 01-E S 11-101HI III 111 12,1 11 10 11 IE—I 1 1-1 IF'HI-II'ILEIHOII 'ELII-H 10M— IL I_IF P LOT 1 11 1 IET�L IIEI III IOLIMIII 11111 1111LI 11— D11111101.1 JR 1-1 01 1-HEII .1111112« +. CE, =�I" E'I/D' IIT ' ��ICIDI'1121p'-ol IL IF lEll— I V--I IDI ——————————— Elo- 1 1-1 OF ITI IF ryrvLP OF I ——— ——— °IIeI El(P-01 11 1--1m EA III�L T —lp/ 'o,IT Z'112'1''IE'�l,LE,11 mL 1,1 K.U.u'11 llPl�'1.1 1111.1�l II IFF111L 11-1 101 PIILIe 1111.-1 111 OF-1-1EI-1 I IF III lll.IF PII 10111I s I I�Ml '11�ILETD'1�.D_l 'MEl 11.1 11�1%1'I D rv,rIF-7] IMI IF--1 11-1 A,uxL 1 111%F, T.Dl'l... XD I'F71'1'14'l'E'lploA' Im,ol W—V—ol 1111 lGlEll.PIBL'I Ill 11-1 Pol-11 IMI OF IHIECE�77411 FIVE IIx 111— IMI IF 1-HEII ouirwrvw—01 111—amreP°rewi°ry 11MID1, I ras,u,m Lx wax,n.Lx ux°°Ill PL UTILITY PURVEYORS&SERVICES' —D 1 11 11-1 to I o o"Io CITY OF TUSTIN INTR-011(I IMI IF6—nl�II D'II-1-1 'EM L ELEIII 11H "Fo"I Lim 1L°"" E III TENTATIVE TRACT NO.19224 INTRACORP =2 11 lasso CONSULTING,INC. TUSTIN A C.1 V I LE N GI.N E ER I N.0 11802 IWINE BOULEVARD,TUSTIN,CA TITLE SHEET CONCEPTUAL GRADING/SITE PLAN R�I.NE BOULEVARD CE 11 IS, IT111T 111TIll 'IC T" I'll E., OTS ereIU S,'I T LM Ne -------- ---- L ---------- ------- TYPICAL SSETI -y mm ,,SECTION 11X -1 �339 139.75 FF 11K MA, 139.25 FF �-33 139.42 IT 9:67 IT D Ar D ,PAFF� 111.11 13S.42 FF 138.6 PAD D T.MOFT ZOM I j m� 138.9 PAD 0 PAD E'"I IF -.3 PAID "�M PA�� rrL 'A� 138.9 PAD A 2-111 139 1 P13�' 1 13 8 FF 138.9 PAD 138.8 PAD ff `t4 21 A FF' IT V71 sew X-n' �� I TE"D`\ Ell 10 L�F11'.10'XIL IIFI 11" xreef A re 11ME1 140 d2 FF 389:�ll 139SB FF 5e E 1 ITT 139.75 RE PV 138.9 PAO lryp TYPICAL 5T8EE7 SECT ON&SAUTH PIF 139.8 PAD �3 A V �,3�%`I,AFFD AD j 11 1p- 131 P moreIITT-1 S EC T FEE C �39.1 PIT li 1 71-1 L -P D. 1-41 1 1- -1. -I o----L re F� �3 "t3l _ - _133i- _1,13_ oll 139 67 FF 139.83 FF �340.0 IT 140.33 IT 14D.66 FF 9 13933 733PA�F 139.0 PAD 139.2 PAD 139.4 FAD 139.7 PAD 14D.0 PADII�IF- TIP- A' asrs 11F 1 Q 11 -El 0:S 21-81 717 1�1 4 I-Dl- "p PAID SECTION I vreo ui TYPICAL STREET 1"'62" 1 IT 4171 .11L --- --- P. 11,Fl C E+ F, -D C C Is" T, re IF MIEre l PL 11 T,-4'1� 3' SI LAND AREP EXISTING EASEMENTS PROPOSED EASEMENTS 1111 IF) A Fll C�I ,E,� 'FOI I�EX'T ex cro E,=El'111,11El�E'l,' -E III�F I-- BASS OF BEARINGS: F-1 eF 11E Ily 11 EA--(�)F.1 1-11 ITIL111- E E �EEN� MLL E L "'4'"CEZ1NETHE'l�EEN�1NE ll XED N I.E�6N-'N'lLYN. E-1EN BENCHMARK S lo F" NOTE -re ECTIO E IEFEIENIE -1 5 ID.'1`1'1�=-1 PIIE 11.�F -0- '�N 1 11.1 D S� N F""'F NE.L11 UILIE1 E H, IEE-El/11 F. EA-ENT �l 1"-20' 1 "GF'l'lll,.El_lE-XD �3`1'2`1'YFE�IL.'111LIE'ELNE-11)N�3-1-11 %I'TC%3ZI�0 1.91=�1417 M�SIX=NE�14`1 �NITE, T IT IT Uu vuae ELEI 1, " ,'.1, IN- 11 L I I I-INT 1-11- .1 2--FIINI I 1\1 III I N11 IENI I Ll-11Fo,aF�DF�F�,-LE,E.,- NI,IT , ` E' EILY I-El`T'� '1'Cl'Nl'E.1CH E,=EA"L AE E N11PS1 lEl IN'HE N NE-1 IF TH'EHV E.IX EANT ML�NEo�[ -111�F F N-- N N1 PIE-El CITY OF TUSTIN DATUM STATEMENT . ...11-1-NS.- INTRI 'HE-11N�1101DI-E ��3-83' o p 3, p -p I Zp", E-H,0�,5�G 1,=',,N A-1-11 -%11N�P��L,RE12oolillIE51 ClX=Sl�EElL.'SlIlE TENTATIVE TRACT NO.19224 xrere P, .D, N�58� " L �NTRACORPCONSULTING,INC. MSTIN A TYPICAL STREE7 SECTION o=9191'19�MZ`LN E�D"F��,�H�N�P�l�ECLI,�AILYND,�.HNN�22,.g 2 1 NI CIVI LEN.GI N EERI N.G 1M2 WINE BOULEVARD,TUSTIN,CA D E E, E SECT EN F I-N-N I-E F-1 CONCRETE-G-NS-E PI-AN CONCEPTUAL UTILITY PLAN RVINEBOULFVARD Ga muvrv> ------------ ---------------- ore �same a�GaKa .......... re" Pm AI A I A A A A A P Pan 11 PL P"" Rip P , -T 63.L4 � o ---- — V, il ------- I rexre Preop N11�7�11iI p",I— I�N 1111 p....... ......... _�T 111"o.11 777.Ell, PL11) 11L1 IL III V1 NLIJ I—-IN LE— GENERAL NOTES. rvaN wW uvea EXISTING EASEMENTS _o_ 11-I-L ac Pc oxo Mwev rexa 1111x1m 1-0-11 plD lo CITY OF TUSTINI I NO Ila Nl 11 "vaa11 M'E �FO 1�' 1.1,E='I'l 1.1,1 L I I oro 1-1.111 1 11EE-11 I I CONCEPTUAL UTILITY PLAN TENTATIVE TRACT NO.19224 INTRACORP CONSULTING,INC...- TUSTIN A CIVIL ENGINEERING P., o 'E' 2 17802 IRVINE BOULEVARD,TUSTIN,CA FIREL�NE a CONCEPTUAL FIRE ACCESS PLAN �Rxxrva _ _ NO PARKING SIGN n FIRE LANE ENTRANCE SIGN -„� -- ,,,—� —,ew awe —cewr awr - - rein— al— w,sxry ory°«„,rery°xR,xsorvs rvm,:: s IRVINEBOULEVARD - .re,xrvrvoxz ,x,woreos rre,wr�,:w,a,wxR� T _ —11 ou em euaare°uuo nuo saxs sw,�aE n°xaav wRx„x �re,S more II rvaxn ry x,xx,. rorw,xre xre,m ory or,rewa oHx ,m,arvo sw„x R,x IN wu„am,mM mwxx asax,o orvca,rvo,wx,o 'reoorv°ws RID �,x xo,xre ons+„x wm soxs rv�n swu e�uno,or Duane„w�mw ,m,arvo NI x R,x ory wx„aw,mM ,x°rv=, x Pw onrvrerv,< reoorvx s �,r x°x ry - -°_- o _ e l .rx j e B „wwRo re, AA i xw xaP a II as DD DD DD DD DD DD DD e e e e GRED cuRR DETiuL .,x°� x E ox„ ot«xre P,�rexrersP,�— ,W ° e e e B B se 8 e e e 10 --Ll DD DD DD DD D0 00 DD DD a�a xrerery°� � a oNRro ) 6m �xx,sx�xmrv° mxm re�rv,1�x — =p�NZTIA�IN rvamreµtt rv1mxry= — -- -- �— a' — - E� ePL 11 Mll ax111 mPa s rv,x w„n ,a, R,ryoa6x „ .P”aR re.A moHros-61 wMreasmrxr >n3 �,>szo ,wrrvxP. - 7 �N--, LEGEND: PROPOSED EASEMENTS IM s„xx,v�ooxo, x�nrvx PPm mire. are ��wProa ore w.x ® €rvExaIg�x ow , �E,Nxx� "Kx M sExeM« xxe o.w,�x Po-wnx-RI °o�PI„ mcxrvo>s mrex,a, u 11 111 wa�re xre, n wo-11 1-11µo mow„w"rvE,o xo° o � ry 11 oc,x co�x,orv,w R9 aro sem„°,�rvsx,a°,x x,nre�R,R,x,re,�rv.xRDEI'-Fre,<orvre rvoRx�rvm .re, OE re FLIITll-1-1-11 NI-NI a,OF a coxa=o ,°a�1-1asw���°«ax no,wx.Ra�xwa, -�I�r,c s oox �oo°1- N 1 'HE m°"Y°°m"pp1°`°"`x CIN OF TUSTIN $ aR wus osco roa nRcricu,wc auaaasci u<aon�iory aR awsowc r ZR suaLL,rvm omvaum nooacn vRINTR-011 €I xa,rvm e,nore,o iry eunoirvcs ore muco wnxiry s rtm or couame,e wnus.mwirvcs ore coueunie,s re, o TENTATIVE TRACT Nax> .ax°mix O.19224 ,�P,.x.�rvaxx�rvx°m rvm oao,o,o reo,x w�mx.xre.oE.,Pax xxa,,.,°Rrv�rvx Rao��.m„s m mx,re N T A P 9=Dox 4 jss s)oz easisssS-E'cn CONSULTING.INC.,.m000w"`"n:a TUSTIN A 172 MINE BOULEVARD,TUSTIN,CAIIF csuonpRs ore o¢aosuu or noomoxv iR,oreuwoR. Ro,sm wv e,1-1,o noomoxv resouire,usR,s rvo, w n,o xsre,-w uvory,xaniwnory xr uvw,9n ox°vao,sm o auxwrw.arsrrixo CONCEPTUAL FIRE ACCESS&HYDRANT LOCATION PIAN 4 ATTACHMENT K RESOLUTION NO. 4465 DA 2022-0002 EXHIBITS A & B RESOLUTION NO. 4465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1532, APPROVING DEVELOPMENT AGREEMENT 2022-0002, TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS AND PAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE RELATIVE TO THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application has been submitted to the City of Tustin (the City) Community Development Department by Intracorp SoCal-1 LLC for a General Plan Amendment (GPA) 2022-0001, Zone Change (ZC) 2022- 0001, Design Review (DR) 2022-0004, Density Bonus requests for one (1) Concession relating to the reduction of the required front yard setback along Irvine Boulevard and a Waiver to allow a reduction in required common open space, a Development Agreement (DA) 2022-0002, and a Subdivision Map (SUB 2022-0002) / Tentative Tract Map (TTM No. 19224) to construct forty (40) three-story residential units, including two (2) affordable units, on approximately 2.07 acres. The project would also include an enclosed, two-car garage and private open space for each unit, ten (10) guest surface parking spaces, and common open space areas. The project would also require the demolition of two (2) existing two-story office buildings currently located on 17802 and 17842 Irvine Boulevard. B. That a public hearing was duly called, noticed, and held on said application on December 13, 2022, by the Planning Commission. C. That TCC Section 9611 requires the applicant and the City to enter into a DA for the voluntary provision of community public benefits that include two (2) affordable housing units for very-low income households and payment of an affordable housing in-lieu fee. D. That the proposed voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households and payment of affordable housing in-lieu fee, is in the best interest of the public in that it increases the diversity in available housing for existing and Resolution No. 4465 Page 2 new residents in the City of Tustin. E. That the application for a DA is governed by 65864 et seq. of the Government Code and Sections 9600 to 9619 of the TCC. In accordance with TCC 9611, the Planning Commission must make a recommendation on the proposed DA to the City Council. The DA attached hereto as Exhibit A can be supported by the following findings: 1. That the DA is consistent with GPA 2022-0001 and ZC 2022- 0001 and the project will be consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential uses are permitted uses within the High Density Residential (HDR) land use designation and the Multi-Family Residential (R-3) zoning district. 2. That the project is compatible with the uses authorized in the district in which the property is located. 3. That the project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide thirty-eight (38) market rate units and two (2) affordable housing units for very-low income households for new and existing Tustin residents thereby providing additional options of housing types to the City's house stock. 4. The project will not be detrimental to the health, safety and general welfare. The project will comply with the TCC, mitigation measures and conditions of approval and other regulations to ensure that the project will not be detrimental to the community. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed and equipped with the necessary infrastructure and amenities to support existing and future residents and businesses in the City. 6. That the approval of the DA will provide for the payment of affordable housing in-lieu fee. 7. A Fiscal Impact Analysis was prepared and submitted along with the DA which verifies that the project will have a positive fiscal impact on the City over and above that of the current commercial and office uses. Resolution No. 4465 Page 3 F. That an Initial Study was prepared to evaluate the potential environmental impacts associated with DA 2022-0002 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1532 approving DA 2022-0002, to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very- low income households and payment of in-lieu relative to the construction of a 40- unit residential condominium project at 17802 and 17842 Irvine Boulevard, as identified in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of December 2022. DAVID J. MELLO, JR. Chairperson JUSTINA L. WILLKOM Planning Commission Secretary Exhibit A: Draft DA 2022-0002 Exhibit B: Draft Ordinance 1532 Resolution No. 4465 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4465 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 2022. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary EXHIBIT A: DRAFT DA 2022-0002 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Clerk SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE This Agreement is recorded at the request and for the benefit of the City of Tustin and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT (2022-0002) between CITY OF TUSTIN and INTRACORP SOCAL-1, LLC, a California limited liability company Approval Date: , 2022 1737761.1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUSTIN AND INTRACORP SOCAL-1, LLC WITH RESPECT TO PROPERTY LOCATED AT 17802 AND 17842 IRVINE BLVD. This Development Agreement (the "Agreement") is entered into as of , 2022, by and between the City of Tustin, a California municipal corporation (the "City"), and Intracorp Socal-1, LLC, a California limited liability company ("Owner"). At times, the City and Owner are referred to jointly within this Agreement as the "Parties" and individually as a "Party." RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the California Government Code. The Development Agreement Statute authorizes the City to enter into development agreements with persons or entities having legal or equitable interests in real property to establish predictability for both City and the property owner in the development process. B. Pursuant to the Development Agreement Statute, in 1984 the City adopted Ordinance No. 923 establishing the requirements for the approval of Development Agreements in the City. Those requirements, as amended and current through the execution of this Agreement, are set forth in Article 9, Chapter 6, Sections 9600 and following, of the Tustin City Code (the "Tustin City Code"). The application for and approval of this Agreement were made pursuant to those provisions of the Tustin City Code. C. Owner holds equitable title to the real property described in Exhibit A to this Agreement (the "Property") and depicted on Exhibit B and expects to acquire legal title to the Property subsequent to the approval of the "Project" described in Recital E below. D. The Property consists of 2.07 acres and is located at 17802 and 17842 Irvine Boulevard in the City.At the time of the approval of this Agreement,the Property is occupied by two office buildings totaling approximately 45,000 square feet. E. Owner desires to demolish the two existing office buildings and improve the Property with forty (40) residential units comprised of eighteen duplexes and four single-family residences, as well as related ancillary improvements (the "Project"). In addition to its application for approval of this Agreement, Owner has filed with the City its request for approval of the following discretionary actions pertaining to the Property (the "Project Approvals"): • General Plan Amendment (GPA 2022-0001) to amend General Plan Land Use designation from Professional Office (PO) to High Density Residential (HDR); • Zone Change (ZC 2022-0001) to change the Zoning designation from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3); 1737761.1 • Subdivision Map (SUB 2022-0002) /Tentative Tract Map (TTM No. 19224) to subdivide the existing two (2) lots to one (1) lot for condominium purposes; • Design Review(DR 2022-0004)for a 40-unit three-story townhome development (within 18 duplexes and 4 single-family detached units) to include 38 market rate and 2 affordable (50%AMI) units, community gathering and BBQ areas; and demolition of two existing two-story office buildings; • Density Bonus request with five (5) percent of units identified as very-low income housing with a request for Concession to reduce the required front yard setback along Irvine Boulevard from ten (10) feet to six (6) foot, and a Waiver to reduce the required common open space from 12,000 square feet to 10,531 square feet; • Density Bonus Housing Incentive Agreement to memorialize the density bonus, provision of very-low income housing, payment of in-lieu fee and the granting of the requested Concession and Waiver; and • Development Agreement (DA 2022-0002) to document the provision of community public benefits. F. The Project Approvals have been evaluated pursuant to the California Environmental Quality Act ("CEQA") as reflected in Mitigated Negative Declaration dated September, 2022 (the "MND"). G. The Project will provide specific and valuable public benefits to the City and its residents, addressed in Section 3 below. H. The City's Planning Commission (the "Planning Commission") and City Council each have (i) given notice of their intention to consider this Agreement, (ii) conducted public hearings on this Agreement as required by the Government Code and the Tustin City Code, and (iii)found the provisions of this Agreement to be consistent with the General Plan and the Tustin City Code as of the Approval Date. I. On , 2022,the Planning Commission held a duly noticed public hearing at which the Planning Commission recommended approval of this Agreement to the City Council. J. On , 2022, the City Council adopted the MND. K. On , 2022, the City Council adopted Ordinance No. approving this Agreement (the "Adopting Ordinance"). AGREEMENT The City and Owner agree as follows: 1. Defined Terms. As used within this Agreement, the following capitalized terms shall have the meanings set forth in this Section 1: a. "Adopting Ordinance" means Ordinance No. approving this Agreement. 1737761.1 b. "Affordable In Lieu Fee" means the payment to be made by Owner to the City pursuant to Section 3b below. C. "Affordable Units" means residential units affordable to very low income households to be sold by Owner pursuant to Section 3a below. d. "Agreement" means this Development Agreement between the City and Owner. The term "Agreement" shall include any amendment properly approved and executed pursuant to Section 9615 of the Tustin City Code and Section 10 of this Agreement. e. "Approval Date" means the date on which the City Council conducted the first reading of the ordinance adopting this Agreement. That date is f. "Applicable Fees" means those fees and fee programs (i) set forth within the Applicable Rules, (ii) uniformly applied to all development projects within the City as of the Approval Date, and (iii) from which Owner is not otherwise exempt. g. "Applicable Rules" means the Existing Land Use Regulations and all Subsequent Development Approvals. h. "CEQA" means the California Environmental Quality Act. i. "City" shall mean the City of Tustin, California. j. "Day" means a calendar day unless specifically stated as a "business day." k. "Development Approvals" shall mean all non-legislative permits, entitlements, and other approvals granted or issued bythe Cityforthe use of, construction upon, and/or development of the Property. For the purposes of this Agreement, Development Approvals include the following actions, including revisions, addenda, amendments, and modifications to these actions: • Tentative Map and other approvals under the Subdivision Map Act and the City's subdivision code found in Article 9, Chapter 3 of the Tustin City Code; • Site plan and architectural review; • Sewer and water connection permits and agreements; • Grading, encroachment, and building permits; • Certificates of compliance, lot line adjustments, and boundary adjustments; • Street, drainage, utility, stormwater, landscape and other improvement permits and agreements; • Occupancy permits; • Density Bonus request (e.g. Concession/Waiver); • Density Bonus Housing Incentive Agreement; and • Environmental review (e.g., CEQA) documents for the Project. 1737761.1 I. "Effective Date" means the date on which the last of the following events has occurred: • The Adopting Ordinance becomes operative under Government Code Section 36937; and • Owner has notified City in writing that Owner has obtained legal title to the Property. m. "Exhibit" means an exhibit to this Agreement unless otherwise specified. All Exhibits are deemed incorporated within this Agreement. n. "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the General Plan and applicable zoning. Changes to Land Use Regulations occurring between the Approval Date and the Effective Date shall not be considered part of the Existing Land Use Regulations without Owner's prior written consent. The GPA and the Zone Change shall be considered changes to Land Use Regulations which, by virtue of this Agreement, have Owner's consent. o. "General Plan" shall mean the general plan of the City. p. "Include" and its derivatives such as "including" shall be deemed to incorporate the phrase "without limitation," "but not limited to," and their grammatically correct equivalents, unless specifically set forth as "includes only' or an equivalent phrase. q. "Land Use Regulations" shall mean all legislative acts, including ordinances, resolutions, codes, rules, regulations, and official policies of the City, governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings,the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, initial occupancy standards and specifications, and impact, building, processing, affordable housing, and all other fees applicable to the development of land within the City. Land Use Regulations include the General Plan and the Tustin City Code. r. "MND" means that Mitigated Negative Declaration dated 2022, prepared for the Project pursuant to CEQA. S. "Owner" means Intracorp Socal-1, LLC, and its respective successors and assigns with respect to all or any portion of the Property or this Agreement. t. "Owner's Vested Right" means Owner's guaranteed right to develop the Property as set forth in this Agreement, as set forth in Section 4 below. U. The "Parties" means the City and Owner. A "Party" means either the City or Owner. V. "Periodic Review" means the City's review of Owner's good faith compliance with the terms of this Agreement pursuant to Government Code Section 65865.1, as set forth in Section 10 below. 1737761.1 w. The "Project" means the development of the Property through the construction of a new, townhome residential development project that would include forty (40) three- story residential units, including two (2) affordable units, on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. The Project would also include an enclosed, two-car garage and private open space for each unit, eleven (11)guest surface parking spaces, and common open space areas.The Project would also require the demolition of two (2) existing two-story office buildings currently located on the subject Property. X. The "Property" means the real property described in Exhibit A. y. "Qualified Lender" shall have the meaning assigned to such term in Section 14 below. Z. "Subsequent Development Approvals" means all Development Approvals for the Project which are approved, granted, or issued after the Approval Date and which are required or permitted by the Existing Land Use Regulations, the Subsequent Land Use Regulations to which Owner has consented in writing, and this Agreement. aa. "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not incorporated within the definition of Existing Land Use Regulations. bb. "Term" means the term of this Agreement as set forth in Section 2 below. 2. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of six (6) years (the "Term"), unless the Term is modified by mutual written consent of the City and Owner. Upon the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect. 3. Public Benefits. As addressed in Recital G above, in consideration of the granting to Owner of Owner's Vested Right, Owner shall provide the following Public Benefits: a. Affordable for Sale Units. In addition to paying the Affordable In Lieu Fee described in Section 3b below, Owner shall provide two units (equal to five percent of base units in the Project)for initial sale to very low income households (the "Affordable Units"). These units shall be provided consistent with the Continuing Affordability provisions of Section B9931 of the City's Voluntary Workforce Housing Incentive Program set forth in Article 9, Chapter 9B of the Tustin City Code, Incentives for the Development of Affordable Housing set forth in Article 9, Chapter 1 of the Tustin City Code as amended by the State's Density Bonus Law. b. Affordable In Lieu Fee. Owner shall pay to the City a voluntary workforce housing incentive program in-lieu fee in the amount calculated pursuant to Tustin City Code Section B9923b1 by "...Multiplying the voluntary workforce housing incentive program in-lieu fee by one-half (%) the number of base units provided on-site..." [( Program In-Lieu Fee) x (Base Units Provided On-site/2)]. (the "Affordable In Lieu Fee"). The Affordable In Lieu Fee for each residential unit shall be paid upon the issuance of the building permit for that unit. Subject to Section 5a below,the program in-lieu fee amount used to calculate the Affordable In Lieu Fee for the Project shall be 1737761.1 the greater of either $13,801, or the then applicable in-lieu fee approved by the City Council for the workforce housing incentive program in effect on the Approval Date. 4. Vested Right to Develop the Project. Owner shall have the vested right to complete development of the Project on the Property to the extent and in the manner provided in the Applicable Rules and this Agreement ("Owner's Vested Right"). Owner's Vested Right includes the right to build on the Property forty(40) residential units and such appurtenant facilities as are permitted by the Applicable Rules. Owner's Vested Right and this Agreement are intended to limit, to the degree specified in this Agreement and permitted under State law, the City's ability to regulate development of the Project and the Property during the Term. a. Permitted Uses and Development Standards. During the Term, the permitted uses of the Property, the development standards for the Project, the maximum height of any buildings constructed within the Project, the number of residential units permitted within the Project, and the provisions for reservation of dedication of land for public purposes shall be as set forth in the Applicable Rules. b. Phasing and Project Completion Date. Owner may develop the Project in accordance with the Phasing Plan dated December 13, 2022, and maintained on file with the City's Community Development Director ("Director"), and as the same may be amended at the request to Owner and with the written approval of the Director, which approval may shall not be unreasonably withheld.The Project shall be completed by the end of the Term. C. Implementing Actions. To enable Owner to complete the Project consistent with Owner's Vested Right, the City agrees that the City shall: • Expeditiously process all Subsequent Development Approvals and Subsequent Land Use Regulations (i) needed, in Owner's judgment, to implement development of the Project and (ii) consistent with the Applicable Rules; and • Take such other actions that are (i) requested by Owner and (ii) consistent with the terms of this Agreement. d. Changes to Applicable Rules. Any change in the Applicable Rules which is adopted or becomes effective after the Approval Date, no matter how adopted or enacted, shall not be applicable to or binding upon Owner, the Project, or the Property, unless approved in writing by Owner. A "change in the Applicable Rules" shall include any new ordinance, resolution, policy, or other enactment, no matter how adopted or enacted, which is not contained in the Applicable Rules as of the Approval Date. A change in the Applicable rules includes those actions which would directly or indirectly: 1737761.1 • Limit or reduce the density or intensity of the Project, or otherwise require any reduction in the height, number, size or square footage of lots, structures or buildings; • Expand or increase Owner's obligations with respect to the provision of parking spaces, streets, roadways and/or any other public or private improvements, structures or dedications of land or with respect to payments of monetary exactions; • Limit, delay, or control the timing or phasing of the construction or development of the Project in any manner; or • Limit the design, improvement or construction standards or specifications or the location of buildings, structures, grading or other improvements relating to the development of the Project in a manner which is inconsistent with or more restrictive than the Applicable Rules. If there is a change in the Applicable Rules to which Owner has consented in writing, Owner's Vested Right shall include the right to complete the Project consistent with that change. 5. Development, Impact, Processing, and Other Fees. a. Applicable Fees. Only those fees and fee programs (i) set forth within the Applicable Rules, (ii) uniformly applied to all development projects within the City as of the Approval Date, and (iii) from which Owner is not otherwise exempt may be charged to Owner, the Property, or the Project with respect to the development of the Property, impacts related to the Project or development projects generally, the processing of applications, the issuance of permits, the provision of services, the maintenance of property, or any other matter related to the Property or the Project (the "Applicable Fees"). b. Limitation on Increase of Fees. Except as expressly provided elsewhere within this Agreement, all Applicable Fees to be paid with respect to development of the Property shall not be fixed and shall be charged in the amounts set forth in the City's then current Comprehensive Fee Schedule, as the same may be amended from time to time. 6. Term of Map(s) and Other Prosect Approvals. a. Subdivision Maps. Pursuant to Government Code Section 66452.6 and any other applicable provisions of the Government Code, the term of the Tentative Map and any other subdivision or parcel map that is approved for all or any portion of the Property shall be extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the Term, unless a longer term would result under otherwise applicable State or local law. 1737761.1 b. Other Development Approvals. Pursuant to Government Code Section 65863.9, all Development Approvals for any portion of the Project shall automatically be extended for the longer of (i) the term of the Tentative Map and (ii) the term of any other subdivision or parcel map that is approved for all or any portion of the Property. Pursuant to Section 6a, those terms shall be the same as the Term of this Agreement. 7. Public Services. Subject to Owner's compliance with all Project conditions of approval, City acknowledges and agrees that City will have sufficient capacity in its infrastructure, services, and utility systems for traffic circulation, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, and drainage, to accommodate the Project as provided in this Agreement.To the extent the City itself renders such services or provides such utilities, the City shall grant or issue hookups or service to the Project. 8. Other Governmental Permits and Fees. The City shall cooperate with Owner's efforts to obtain such other permits and approvals as may be required by or from other governmental or quasi-governmental agencies (including, but not limited to, districts and special districts providing flood control, sewer, and fire protection, and the Regional Water Quality Control Board) having jurisdiction over the Project in connection with the development of, or provision of services to, the Property. The City shall, from time to time at the request of Owner, attempt with due diligence and in good faith to enter into binding agreements with any such entity necessary to assure the availability of such permits and approvals or services, provided such agreements are reasonable. The City shall use its best efforts to work with other governmental and quasi-governmental agencies so as to limit to the maximum extent possible the imposition of additional fees, dedications, or exactions by or through such other agencies. 9. Modification or Cancellation by Mutual Consent.The following provisions shall govern the amendment and/or cancellation of this Agreement (collectively, an "Amendment"), provided that any Amendment must comply with the Development Agreement Statute. a. General. Pursuant to the Development Agreement Statute, an Amendment may occur through the mutual written consent of the Parties or their respective successors in interest. Public notice of the Parties' intention to enter into an Amendment shall be as provided by Government Code Section 65867. Any Amendment shall be subject to the provisions of Government Code Section 65867.5. b. Amendments of Applicable Rules. Any amendment to or change in the Applicable Rules shall not require an Amendment to this Agreement, provided that Owner has consented in writing to the amendment or change in the Applicable Rules. C. Minor Changes. The provisions of this Agreement require a close degree of cooperation between the Parties and "Minor Changes"to the Project may be required from time to time to accommodate design changes, engineering changes, and other refinements related to the details of the Parties' performance. "Minor Changes" shall 1737761.1 mean changes to the Project that are otherwise consistent with (i)the Tustin City Code and the General Plan and Design Review (DR-2022-0004) and (ii) do not result in a change in the type of use of the Property, an increase in the density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Approval Date. d. Operating Memoranda. The Parties shall document their mutual consent to adopting "Minor Changes"through their signing of an "Operating Memorandum" reflecting the Minor Changes. Neither the Minor Changes nor any Operating Memorandum shall require public notice or hearing. The Director, City Manager, and City Attorney shall be authorized to determine whether proposed modifications and refinements are "Minor Changes" subject to Section 10c or, rather, more significant changes requiring an Amendment. The City Manager shall execute any Operating Memoranda and may do without City Council action. 10. Periodic Review. a. General. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code Section 65865.1 and Tustin City Code Section 9617, as the same may be amended from time to time. Owner (including any successor to the owner executing this Agreement on or before the date the Effective Date) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. b. Owner Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Owner is required to demonstrate good faith compliance with the terms of the Agreement. Owner agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) days prior to each anniversary of the Effective Date during the Term. C. Procedure. The City shall conduct its annual review of the Agreement in accordance with Tustin City Code Section 9617, as the same may be amended from time to time. d. Annual Review a Non-Exclusive Means for Determining and Requiring Cure of Owner's Default. The annual review procedures set forth in this Article 6 shall not be the exclusive means for City to identify a Default by Owner or limit City's rights or remedies for any such Default. 11. Events of Default. a. General Provisions. In the event of any default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall have the right to deliver 1737761.1 a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) days if the Default relates to the failure to timely make a monetary payment due hereunder and thirty (30) days in the event of non- monetary Defaults) in which the Default must be cured (the "Cure Period"). Owner or City, as applicable, shall have the ability to contest the validity of the Default for a period of five (5) days after Owner or City receives the written Notice of Default. The Parties shall meet and confer in good faith for fifteen (15) days to attempt to resolve the validity of the Notice of Default. If the Parties are unable to resolve the validity of the Notice of Default after this meet and confer period, the Cure Period timeframes specified in this Section 11 shall apply. During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If however, a non-monetary Default cannot be cured within such thirty (30) day period, as long as the defaulting Party does each of the following: i. notifies the non-defaulting Party in writing with a reasonable explanation as to the reasons the asserted Default is not curable within the thirty (30) day period; ii. notifies the non-defaulting Party in writing of the defaulting Party's proposed course of action to cure the Default; iii. promptly commences to cure the Default within the thirty (30) day period; iv. makes periodic written reports to the non-defaulting Party as to the progress of the program of cure; and V. diligently prosecutes such cure to completion, then the non-defaulting Party shall grant in writing the defaulting Party such additional time as determined by the non-defaulting party as reasonably necessary to cure such Default. b. City's Remedies. In the event of a Default by Developer under this Agreement that is not cured during the Cure Period, City, at its option, may institute legal action to cure, correct or remedy such Default, enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 11, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to Tustin City Code Section 9618, in which event the matter shall be scheduled for consideration and review by the City Council. The decision of the City 1737761.1 Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.S(b ). C. Default by City/Owner's Limited Remedies. In the event of a Default by City under this Agreement that is not cured during the Cure Period, Owner's remedies shall be limited to bringing an action for specific performance to compel the City to perform its obligations and/or to remedy the consequences to Owner of the failure of the City's material representations. 12. Delay for Events Beyond the Parties' Control. The timely performance by either Party of its obligations under this Agreement shall be excused and the Term shall be extended for periods equal to the time during which a delay in performance is caused by reason of any event beyond the control of City or Owner. Examples of such events include acts of nature (such as fire, mud, rain, floods, earthquakes, pandemics), enactment of new conflicting federal or state laws or regulations (such as the listing of a species as threatened or endangered),judicial actions (such as the issuance of restraining orders and injunctions), , or damage to work in process by reason of riots, strikes, significant vandalism, or other similar occurrences. If either Party seeks excuse from performance, it shall provide written notice of the delay to the other Party within thirty(30) days after the commencement of the delay. If the delay or default, whether material or immaterial, is beyond the control of City or Owner it shall be excused and an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.Any disagreement between the Parties with respect to whether this Section 13 applies to a particular event or delay is subject to the filing by either Party of an action for judicial review of the matter, including requests for declaratory and/or injunctive relief. 13. Lender Protection Provisions. a. Notice of Default. Any notice of any default by Owner which is provided to Owner pursuant to this Agreement shall also be sent to any lender that has made a loan then secured by a deed of trust against all or a portion of the Property, provided that the lender has first (a) given the City written notice of the lender's election to receive copies of default notices and (b) provided to the City a recorded copy of its applicable deed of trust. Any lender that has taken these steps is referred to within this Agreement as a "Qualified Lender." A Qualified Lender does not include the maker of a loan solely to the owner of a single family residential unit within the Property. b. Right of a Qualified Lender to Cure a Default. If Owner fails to timely cure any default under this Agreement within the time periods set forth in this Section below,then the City shall send a written notice of that failure to each Qualified Lender.After receiving that notice, each Qualified Lender shall have the right to cure any such default on the same terms as Owner has the right to cure a default under Section 12a above. The Qualified Lender's time in which to commence a cure begins on the date of its receipt 1737761.1 of the written notice. If the nature of the default is such that a Qualified Lender cannot reasonably cure the default without being the owner of all or the applicable portion of the Property, the Qualified Lender shall be deemed to be diligently pursuing the cure of any such default if (i) the Qualified Lender(s) is (are) proceeding to foreclose the lien of its deed of trust against all or the applicable portion of the Property and (ii) after completing that foreclosure promptly commences the cure of the default and thereafter diligently pursues that cure to completion. C. Exercise of City's Remedies. Notwithstanding any other provision of this Agreement, the City shall not exercise any right or remedy it may have under this Agreement or otherwise arising out of a default by Owner and/or a Qualified Lender has the right under this Agreement to cure that default. d. No Impairment of Development Agreement to Mortgage. A default by Owner shall not subordinate, invalidate or defeat the lien of any mortgage held by a lender. Neither a breach of any obligation secured by any mortgage held by a lender or other lien against the mortgaged interest, nor a judicial foreclosure, trustee's sale, or acceptance of a deed in lieu of foreclosure (collectively, a "Foreclosure") under any mortgage or other lien, shall defeat, diminish, render invalid or unenforceable, or otherwise impair Owner's rights or obligations, or constitute a default, under this Agreement. In no event shall a Foreclosure or other exercise by a lender of its pre-or post-Foreclosure rights in connection with a mortgage require any consent or approval by the City. e. Lender's Obligations with Respect to the Property. Notwithstanding anything to the contrary in this Agreement, no lender shall have any obligations or other liabilities under this Agreement unless and until that lender acquires title to the portion of the Property that was subject to the applicable mortgage. Further, no lender shall have any obligations or liabilities under this Agreement solely because it holds a mortgage or an interest in Owner. 14. Recordation of this Agreement. Pursuant to Government Code Section 65868.5, the City Clerk shall cause a copy of this Agreement to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of Orange County, California,within ten (10) days after the Effective Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of and binding obligations set forth within this Agreement,or modify or amend the Effective Date or the expiration of the Term. 15. No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the City, Owner, and their respective successors and assigns. No other person or entity shall have any right of action based upon any provision of this Agreement. 16. Changes in Federal and State Law. The Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations or mandate the 1737761.1 adoption of local regulations that conflict with the Applicable Rules. Upon discovery of such a subsequently enacted federal or state law, City or Owner shall provide the other Party with written notice containing a copy of the state or federal law or regulation and a written explanation of the legal or regulatory conflict created. Within ten (10) days after receipt of that notice, City and Owner shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation. In such negotiations, City and Owner agree to preserve the terms of this Agreement and the Owner's Vested Right to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Owner in resolving the conflict in a manner which minimizes any financial impact to Owner. Any delays caused by such changes in state or federal law shall be considered delays beyond the control of City or Owner pursuant to Section 14 above. 17. Assignment. a. Permitted Transfers. Owner shall have the right, upon approval of City,which approval shall not be unreasonably withheld, to sell, transfer or assign (hereinafter, collectively, a "Transfer')Owner's interest in this Agreement and the Property, in whole or in part,to a third party acquiring an interest or estate in the Property or any portion thereof(such successor, a "Permitted Transferee") and such successor, as of the effective date of the Transfer, shall become the "Owner" under this Agreement; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and each Transfer shall be made in strict compliance with the conditions precedent set forth in Sections 18b and 18c City shall promptly consider any Transfer request submitted by Owner. b. City Approval of Transferee. Prior to the completion of any proposed Transfer, Owner (as transferor) shall: i. notify City, in writing, of such proposed Transfer and, in order to permit the City to make an informed decision to approve or disapprove the Transfer, provide to the City such financial statements and evidence of the proposed Transferee's fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations assumed; and ii. deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Owner and in a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to which the transferring Owner assigns to the successor Owner and the successor Owner assumes from the transferring Owner all of the rights and obligations of the transferring Owner with respect to the Property, or interest in the Property, or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed outside of the Property so Transferred that are a condition precedent to the successor 1737761.1 Owner's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Owner with respect to the balance of the Property. c. Ongoing Liability of Transferor. Notwithstanding any Transfer, the transferring Owner shall continue to be jointly and severally liable to City, together with the successor Owner, to perform all of the transferred obligations set forth in or arising under this Agreement unless there is full satisfaction of all of the following conditions, in which event the transferring Owner shall be automatically released from any and all obligations with respect to the portion of the Property so Transferred: (i) the transferring Owner no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Owner is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii)the transferring Owner has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in Section 18b; and (iv) the successor Owner either (A) provides City with substitute security equivalent to any security previously provided by the transferring Owner to City to secure performance of the successor Owner's obligations hereunder with respect to the Property, or interest in the Property, or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Owner either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Owner has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. In the case of partial Transfers, a default under this Agreement by Owner shall not be considered or acted upon by the City as a default by the Permitted Transferee and shall not affect the Permitted Transferee's rights or obligations hereunder. Likewise, a default by a Permitted Transferee shall not be considered or acted upon by the City as a default by Owner and shall not affect Owner's retained rights and obligations hereunder. Notwithstanding the foregoing, if a breach of this Agreement involves an obligation jointly held by both Owner and a Permitted Transferee,the City may avail itself of the remedies specified in Section 11 against both the Owner and Permitted Transferee. 18. Indemnification Obligations of Owner. 1737761.1 a. Indemnity Arising from Acts or Omissions of Developer. Except to the extent caused by the intentional misconduct or actively negligent acts, errors or omissions of City or one or more of City's officials, employees, agents, attorneys and contractors (collectively,the "City's Affiliated Parties"), Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorneys' fees, expert witness fees and court costs) (collectively, a "Claim")that may arise, directly or indirectly,from the acts,omissions,or operations of Owner or Owner's officers, agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Owner relating to the Property or pursuant to this Agreement. City shall have the right to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Owner shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 19a shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive expiration of the Term or earlier termination of this Agreement. b. Third Party Litigation. In addition to its indemnity obligations set forth in Section 19b Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of the Project, this Agreement, the Adopting Ordinance, any actions taken pursuant to CEQA with respect thereto, and the approval of any permit or entitlement granted pursuant to this Agreement. Said indemnity obligation shall include, without limitation, payment of attorney's fees, expert witness fees, and court costs. City shall promptly notify Owner of any such Claim and City shall cooperate with Owner in the defense of such Claim. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Owner's indemnity obligation, provided that such counsel shall reasonably cooperate with Owner in an effort to minimize the total litigation expenses incurred by Owner. City's separate counsel's billing rates shall be identical to the rates City pays for its typical municipal litigation rates for legal challenges of the variety being defended. Provided that Owner has then paid in full all sums due to the City or its counsel incurred pursuant to this Section and otherwise fully performed its indemnity obligations hereunder, Owner shall be entitled to retain the same. The indemnity provisions in this Section 19b shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive expiration of the Term or earlier termination of this Agreement. C. Labor Laws. Owner shall carry out the construction of the Project, including all improvements, in conformity with all applicable federal and state labor laws and regulations and shall investigate the applicability of and, if and to the extent applicable, pay prevailing wages meeting the requirements of such laws and regulations; provided that Owner reserves the right to reasonably contest such laws 1737761.1 and regulations. Owner hereby agrees that, with respect to the Project, Owner shall be fully responsible for determining whether the foregoing wage requirements are applicable and agrees to indemnify, defend and hold the City and its elected and appointed officials, employees, agents, attorneys, affiliates, representatives, contractors, successors and assigns free and harmless from and against any and all Claims arising from or related to compliance by Owner or Owner's officers, directors, employees, agents, representatives, consultants and/or contractors (at every tier) in construction of the Project with the prevailing wage requirements imposed by any applicable federal and State labor law. 19. Sale or Lease of Individual Lots or Homes. The sale or lease of an individual lot or home to an end user is not subject to the provisions of Section 19 above. Rather, upon such a sale, (i) the acquiring or leasing party shall be deemed to have no obligations under this Agreement and (ii) the individual lot shall no longer be subject to or burdened by this Agreement. 20. Covenants Run With the Land. Subject to any express exceptions contained within this Agreement, this Agreement shall run with the land and shall be binding upon and inure to the benefit of the Parties' respective successors and assigns (including all Transferees). 21. Miscellaneous Provisions. a. Notices. All notices which are allowed or required to be given under this Agreement ("Notices") shall be in writing and (i) be deemed given and received when personally delivered or (ii) be deemed given when deposited in the U.S. mail, with postage prepaid, to be sent by registered, certified, or overnight mail service and deemed received on the second business day after such mailing. The addresses for Notices are as follows and may be changed by delivery of a Notice to these addresses: If to City: City of Tustin 300 Centennial Way Tustin, CA 92780 Attention: City Manager If to Owner: Intracorp Socal-1, LLC 895 Dove Street, Suite 400 Newport Beach, California 92660 Attention: with a copy to: Cox, Castle & Nicholson LLP 3121 Michelson Drive Suite 200 1737761.1 Irvine, CA 92612-5678 Attention: Tim Paone b. Severability. If any part of this Agreement is declared invalid for any reason, that invalidity shall not affect the validity of the rest of this Agreement, provided that the Owner's Vested Right and the Public Benefits are not materially diminished. C. Entire Agreement, Conflicts with Applicable Rules. With respect to the subject matter of this Agreement, this Agreement represents the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, between the Parties. d. Not Acting as Agents. In entering into and performing under this Agreement, each of the Parties is acting as an independent entity and not as an agent of the other in any respect. Nothing contained within this Agreement or in any document executed in connection with this Agreement shall be construed as making the City and Ownerjoint venturers, partners, or employer/employee. e. Attorneys'Fees. In anyjudicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include court costs, expert witness fees, attorneys' fees, and costs of investigation and preparation before initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. The maximum hourly rate for attorneys which are recoverable under this Section 22e is $200/hour. f. Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. There are no implied waivers. Failure by City or Owner to insist upon the strict performance of any provision of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with the same or any other provision of this Agreement in the future. A written waiver affects only the specific matter waived and defines the performance waived and the duration of the waiver. g. Time of Essence. Time is of the essence of this Agreement, and all performances required under this Agreement shall be completed within the time periods specified. h. Estoppel Certificate. Within ten (10) business days following a written request by either of the Parties, the other Party shall execute and deliver to the requesting Party a statement (an "Estoppel Certificate") certifying that: 1737761.1 • Either (i) this Agreement is unmodified and in full force and effect or (ii) there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and • Either (i) there are no known current uncured Defaults under this Agreement or (ii) that the responding Party alleges that specified (date and nature) defaults or Defaults exist. The Estoppel Certificate also shall provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults or Defaults in the performance of the requesting Party, except as may be represented by the requesting Party. Owner shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of an Estoppel Certificate prior to City's issuance of the Estoppel Certificate. i. Choice of Law,Jurisdiction; Venue.This Agreement shall be interpreted under the laws of the State of California and any question or controversy arising out of or in any way related to this Agreement shall be governed by the law of the State of California. Any legal proceeding commenced with respect to any question or controversy arising out of or in any way related to this Agreement shall be filed and prosecuted in the Superior Court for Orange County, California. This Agreement has been signed by the Parties on the dates indicated below. OWNER Intracorp Socal-1, LLC By: Name: Its: Date: CITY City of Tustin, a municipal corporation of the State of California By: Name: Its: Date: 1737761.1 Exhibit "A" Description of Property Real property in the City of Tustin, County of Orange, State of California, described as follows: PARCEL A: PARCELS 2 AND 3 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, ON THE MAP FILED IN BOOK 31, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PUBLIC UTILITIES AND DRAINAGE PURPOSESOVER, UNDER, ALONG, ACROSS AND THROUGH THE NORTHERLY 25.00 FEET OF THE SOUTHERLY 45.00 FEET OF PARCEL 1 ON THE MAP FILED IN BOOK 31, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY. APN: 401-141-13 and 401-141-57 1737761.1 Exhibit "B" Depiction of Property (Site Plan) 1117 Landscape Key IDa 77 i _. I :Je. x• Tree Paletts r_r fF to w Estimated Plant Count FI RE 4 V i N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. ��y CONCERN TUSTIN,CA L-1 1737761.1 EXHIBIT B: DRAFT ORDINANCE ORDINANCE NO.1532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2022- 0002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-LOW INCOME HOUSEHOLDS AND PAYMENT OF AN AFFORDABLE HOUSING IN-LIEU AFFORDABLE HOUSING FEE FOR A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That proper application has been submitted by Intracorp So Cal-1 for the development of forty (40) residential condominium units with common and private open space on an approximate 2.07-acre site and to provide for public benefits in the form of two (2) affordable housing units for very-low income households and affordable housing in-lieu of an affordable fee. B. That Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code authorize the Tustin City Council to enter into a Development Agreement. In compliance with Tustin City Code Section 9611, the Tustin Planning Commission must make a recommendation on the proposed Development Agreement (DA) 2022-0002 to the City Council. C. That a public hearing was duly called, noticed, and held on said application on December 13, 2022, by the Planning Commission. The Planning Commission adopted Resolution No. 4464 recommending that the City Council approve the DA. D. That the City prepared an Initial Study to evaluate the potential environmental impacts associated with the project that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft Mitigated Negative Declaration (MND) was prepared. E. That a public hearing was duly called, noticed, and held on said application on January 17, 2023, by the City Council. F. That the City Council has considered the Initial Study/MND and the MMRP (Resolution No. 4465) and comments received during the public review process and finds the Initial Study/MND adequate for the project. Ordinance 1532 Page 2 of 4 G. That the DA is supported by the following findings: 1. That the DA is consistent with GPA 2022-0001 and ZC 2022-0001 and the project will be consistent with the objectives, policies, general land uses and programs specified in the General Plan in that residential uses are permitted uses within the High Density Residential (HDR) land use designation and the Multi-Family Residential (R3) zoning district. 2. That the project is compatible with the uses authorized in the district in which the property is located. 3. That the project is in conformity with the public necessity, public convenience, general welfare and good land use practices in that the project would provide thirty-eight (38) market-rate for sale units and two (2) affordable housing units for very-low income households for new and existing Tustin residents thereby providing additional options of housing types to the City's house stock. 4. The project will not be detrimental to the health, safety and general welfare. The project will comply with the TCC, mitigation measures and conditions of approval and other regulations to ensure that the project will not be detrimental to the community. 5. The project will not adversely affect the orderly development of property in that the proposed project is orderly, well designed and equipped with the necessary infrastructure and amenities to support existing and future residents and businesses in the City. 6. That the approval of the DA will provide for payment of affordable housing in-lieu fee. 7. A Fiscal Impact Analysis was prepared and submitted along with the DA which verifies that the project would have a positive fiscal impact on the City over and above that of the current commercial and office uses. H. That the provisions of DA 2022-0002 are consistent with GPA 2022-0001 and the policies of the General Plan, as evidenced by the following findings: 1. That the project is adjacent to other residential uses, particularly multi-family dwellings immediately adjacent to the project site. 2. That residential uses are more beneficial to adjacent multi-family dwellings than the current commercial uses. Ordinance 1532 Page 3 of 4 I. That the proposed project is consistent with the General Plan Housing Element Goal 1 in that the project would facilitate the provision of an adequate supply of housing to meet the need for a variety of housing types and the diverse socio-economic needs of all community residents and supports State Housing Law as implemented by the Regional Housing Needs Assessment (RHNA). The project provides for thirty-eight (38) market-rate for sale units and two (2) affordable units. In furtherance of Goal 1 of the Tustin General Plan Housing Element, the applicant will pay an in-lieu affordable housing fee which will be used for development of affordable housing in another location within the City. J. That an Initial Study was prepared to evaluate the potential environmental impacts associated with DA 2022-0002 that concluded, with mitigation measures, potential significant impacts can be reduced to a level of insignificance and a draft MND was prepared. SECTION 2. The City Council hereby approves DA 2022-0002 attached hereto as Exhibit A and subject to final approval of the City Attorney. SECTION 3: The City Manager is hereby authorized to take such actions, and execute such documents and instruments as deemed necessary or desirable to implement the terms of the DA and other documents as necessary. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance 1532 Page 4 of 4 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 17th day of January, 2023. AUSTIN LUMBARD Mayor ERICA N. YASUDA City Clerk APPROVED AS TO FORM: DAVID E. KENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1532 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 17th day of January, 2023 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2023 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA City Clerk Published: Exhibit A - DA 2022-0002 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Clerk SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE This Agreement is recorded at the request and for the benefit of the City of Tustin and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT (2022-0002) between CITY OF TUSTIN and INTRACORP SOCAL-1, LLC, a California limited liability company Approval Date: , 2022 1737761.1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUSTIN AND INTRACORP SOCAL-1, LLC WITH RESPECT TO PROPERTY LOCATED AT 17802 AND 17842 IRVINE BLVD. This Development Agreement (the "Agreement") is entered into as of , 2022, by and between the City of Tustin, a California municipal corporation (the "City"), and Intracorp Socal-1, LLC, a California limited liability company ("Owner"). At times, the City and Owner are referred to jointly within this Agreement as the "Parties" and individually as a "Party." RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the "Development Agreement Statute," Sections 65864 et seq., of the California Government Code. The Development Agreement Statute authorizes the City to enter into development agreements with persons or entities having legal or equitable interests in real property to establish predictability for both City and the property owner in the development process. B. Pursuant to the Development Agreement Statute, in 1984 the City adopted Ordinance No. 923 establishing the requirements for the approval of Development Agreements in the City. Those requirements, as amended and current through the execution of this Agreement, are set forth in Article 9, Chapter 6, Sections 9600 and following, of the Tustin City Code (the "Tustin City Code"). The application for and approval of this Agreement were made pursuant to those provisions of the Tustin City Code. C. Owner holds equitable title to the real property described in Exhibit A to this Agreement (the "Property") and depicted on Exhibit B and expects to acquire legal title to the Property subsequent to the approval of the "Project" described in Recital E below. D. The Property consists of 2.07 acres and is located at 17802 and 17842 Irvine Boulevard in the City.At the time of the approval of this Agreement,the Property is occupied by two office buildings totaling approximately 45,000 square feet. E. Owner desires to demolish the two existing office buildings and improve the Property with forty (40) residential units comprised of eighteen duplexes and four single-family residences, as well as related ancillary improvements (the "Project"). In addition to its application for approval of this Agreement, Owner has filed with the City its request for approval of the following discretionary actions pertaining to the Property (the "Project Approvals"): • General Plan Amendment (GPA 2022-0001) to amend General Plan Land Use designation from Professional Office (PO) to High Density Residential (HDR); • Zone Change (ZC 2022-0001) to change the Zoning designation from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (R3); 1737761.1 • Subdivision Map (SUB 2022-0002) /Tentative Tract Map (TTM No. 19224) to subdivide the existing two (2) lots to one (1) lot for condominium purposes; • Design Review(DR 2022-0004)for a 40-unit three-story townhome development (within 18 duplexes and 4 single-family detached units) to include 38 market rate and 2 affordable (50%AMI) units, community gathering and BBQ areas; and demolition of two existing two-story office buildings; • Density Bonus request with five (5) percent of units identified as very-low income housing with a request for Concession to reduce the required front yard setback along Irvine Boulevard from ten (10) feet to six (6) foot, and a Waiver to reduce the required common open space from 12,000 square feet to 10,531 square feet; • Density Bonus Housing Incentive Agreement to memorialize the density bonus, provision of very-low income housing, payment of in-lieu fee and the granting of the requested Concession and Waiver; and • Development Agreement (DA 2022-0002) to document the provision of community public benefits. F. The Project Approvals have been evaluated pursuant to the California Environmental Quality Act ("CEQA") as reflected in Mitigated Negative Declaration dated September, 2022 (the "MND"). G. The Project will provide specific and valuable public benefits to the City and its residents, addressed in Section 3 below. H. The City's Planning Commission (the "Planning Commission") and City Council each have (i) given notice of their intention to consider this Agreement, (ii) conducted public hearings on this Agreement as required by the Government Code and the Tustin City Code, and (iii)found the provisions of this Agreement to be consistent with the General Plan and the Tustin City Code as of the Approval Date. I. On , 2022,the Planning Commission held a duly noticed public hearing at which the Planning Commission recommended approval of this Agreement to the City Council. J. On , 2022, the City Council adopted the MND. K. On , 2022, the City Council adopted Ordinance No. approving this Agreement (the "Adopting Ordinance"). AGREEMENT The City and Owner agree as follows: 1. Defined Terms. As used within this Agreement, the following capitalized terms shall have the meanings set forth in this Section 1: a. "Adopting Ordinance" means Ordinance No. approving this Agreement. 1737761.1 b. "Affordable In Lieu Fee" means the payment to be made by Owner to the City pursuant to Section 3b below. C. "Affordable Units" means residential units affordable to very low income households to be sold by Owner pursuant to Section 3a below. d. "Agreement" means this Development Agreement between the City and Owner. The term "Agreement" shall include any amendment properly approved and executed pursuant to Section 9615 of the Tustin City Code and Section 10 of this Agreement. e. "Approval Date" means the date on which the City Council conducted the first reading of the ordinance adopting this Agreement. That date is f. "Applicable Fees" means those fees and fee programs (i) set forth within the Applicable Rules, (ii) uniformly applied to all development projects within the City as of the Approval Date, and (iii) from which Owner is not otherwise exempt. g. "Applicable Rules" means the Existing Land Use Regulations and all Subsequent Development Approvals. h. "CEQA" means the California Environmental Quality Act. i. "City" shall mean the City of Tustin, California. j. "Day" means a calendar day unless specifically stated as a "business day." k. "Development Approvals" shall mean all non-legislative permits, entitlements, and other approvals granted or issued bythe Cityforthe use of, construction upon, and/or development of the Property. For the purposes of this Agreement, Development Approvals include the following actions, including revisions, addenda, amendments, and modifications to these actions: • Tentative Map and other approvals under the Subdivision Map Act and the City's subdivision code found in Article 9, Chapter 3 of the Tustin City Code; • Site plan and architectural review; • Sewer and water connection permits and agreements; • Grading, encroachment, and building permits; • Certificates of compliance, lot line adjustments, and boundary adjustments; • Street, drainage, utility, stormwater, landscape and other improvement permits and agreements; • Occupancy permits; • Density Bonus request (e.g. Concession/Waiver); • Density Bonus Housing Incentive Agreement; and • Environmental review (e.g., CEQA) documents for the Project. 1737761.1 I. "Effective Date" means the date on which the last of the following events has occurred: • The Adopting Ordinance becomes operative under Government Code Section 36937; and • Owner has notified City in writing that Owner has obtained legal title to the Property. m. "Exhibit" means an exhibit to this Agreement unless otherwise specified. All Exhibits are deemed incorporated within this Agreement. n. "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the General Plan and applicable zoning. Changes to Land Use Regulations occurring between the Approval Date and the Effective Date shall not be considered part of the Existing Land Use Regulations without Owner's prior written consent. The GPA and the Zone Change shall be considered changes to Land Use Regulations which, by virtue of this Agreement, have Owner's consent. o. "General Plan" shall mean the general plan of the City. p. "Include" and its derivatives such as "including" shall be deemed to incorporate the phrase "without limitation," "but not limited to," and their grammatically correct equivalents, unless specifically set forth as "includes only' or an equivalent phrase. q. "Land Use Regulations" shall mean all legislative acts, including ordinances, resolutions, codes, rules, regulations, and official policies of the City, governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings,the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, initial occupancy standards and specifications, and impact, building, processing, affordable housing, and all other fees applicable to the development of land within the City. Land Use Regulations include the General Plan and the Tustin City Code. r. "MND" means that Mitigated Negative Declaration dated 2022, prepared for the Project pursuant to CEQA. S. "Owner" means Intracorp Socal-1, LLC, and its respective successors and assigns with respect to all or any portion of the Property or this Agreement. t. "Owner's Vested Right" means Owner's guaranteed right to develop the Property as set forth in this Agreement, as set forth in Section 4 below. U. The "Parties" means the City and Owner. A "Party" means either the City or Owner. V. "Periodic Review" means the City's review of Owner's good faith compliance with the terms of this Agreement pursuant to Government Code Section 65865.1, as set forth in Section 10 below. 1737761.1 w. The "Project" means the development of the Property through the construction of a new, townhome residential development project that would include forty (40) three- story residential units, including two (2) affordable units, on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. The Project would also include an enclosed, two-car garage and private open space for each unit, eleven (11)guest surface parking spaces, and common open space areas.The Project would also require the demolition of two (2) existing two-story office buildings currently located on the subject Property. X. The "Property" means the real property described in Exhibit A. y. "Qualified Lender" shall have the meaning assigned to such term in Section 14 below. Z. "Subsequent Development Approvals" means all Development Approvals for the Project which are approved, granted, or issued after the Approval Date and which are required or permitted by the Existing Land Use Regulations, the Subsequent Land Use Regulations to which Owner has consented in writing, and this Agreement. aa. "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not incorporated within the definition of Existing Land Use Regulations. bb. "Term" means the term of this Agreement as set forth in Section 2 below. 2. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of six (6) years (the "Term"), unless the Term is modified by mutual written consent of the City and Owner. Upon the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect. 3. Public Benefits. As addressed in Recital G above, in consideration of the granting to Owner of Owner's Vested Right, Owner shall provide the following Public Benefits: a. Affordable for Sale Units. In addition to paying the Affordable In Lieu Fee described in Section 3b below, Owner shall provide two units (equal to five percent of base units in the Project)for initial sale to very low income households (the "Affordable Units"). These units shall be provided consistent with the Continuing Affordability provisions of Section B9931 of the City's Voluntary Workforce Housing Incentive Program set forth in Article 9, Chapter 9B of the Tustin City Code, Incentives for the Development of Affordable Housing set forth in Article 9, Chapter 1 of the Tustin City Code as amended by the State's Density Bonus Law. b. Affordable In Lieu Fee. Owner shall pay to the City a voluntary workforce housing incentive program in-lieu fee in the amount calculated pursuant to Tustin City Code Section B9923b1 by "...Multiplying the voluntary workforce housing incentive program in-lieu fee by one-half (%) the number of base units provided on-site..." [( Program In-Lieu Fee) x (Base Units Provided On-site/2)]. (the "Affordable In Lieu Fee"). The Affordable In Lieu Fee for each residential unit shall be paid upon the issuance of the building permit for that unit. Subject to Section 5a below,the program in-lieu fee amount used to calculate the Affordable In Lieu Fee for the Project shall be 1737761.1 the greater of either $13,801, or the then applicable in-lieu fee approved by the City Council for the workforce housing incentive program in effect on the Approval Date. 4. Vested Right to Develop the Project. Owner shall have the vested right to complete development of the Project on the Property to the extent and in the manner provided in the Applicable Rules and this Agreement ("Owner's Vested Right"). Owner's Vested Right includes the right to build on the Property forty(40) residential units and such appurtenant facilities as are permitted by the Applicable Rules. Owner's Vested Right and this Agreement are intended to limit, to the degree specified in this Agreement and permitted under State law, the City's ability to regulate development of the Project and the Property during the Term. a. Permitted Uses and Development Standards. During the Term, the permitted uses of the Property, the development standards for the Project, the maximum height of any buildings constructed within the Project, the number of residential units permitted within the Project, and the provisions for reservation of dedication of land for public purposes shall be as set forth in the Applicable Rules. b. Phasing and Project Completion Date. Owner may develop the Project in accordance with the Phasing Plan dated December 13, 2022, and maintained on file with the City's Community Development Director ("Director"), and as the same may be amended at the request to Owner and with the written approval of the Director, which approval may shall not be unreasonably withheld.The Project shall be completed by the end of the Term. C. Implementing Actions. To enable Owner to complete the Project consistent with Owner's Vested Right, the City agrees that the City shall: • Expeditiously process all Subsequent Development Approvals and Subsequent Land Use Regulations (i) needed, in Owner's judgment, to implement development of the Project and (ii) consistent with the Applicable Rules; and • Take such other actions that are (i) requested by Owner and (ii) consistent with the terms of this Agreement. d. Changes to Applicable Rules. Any change in the Applicable Rules which is adopted or becomes effective after the Approval Date, no matter how adopted or enacted, shall not be applicable to or binding upon Owner, the Project, or the Property, unless approved in writing by Owner. A "change in the Applicable Rules" shall include any new ordinance, resolution, policy, or other enactment, no matter how adopted or enacted, which is not contained in the Applicable Rules as of the Approval Date. A change in the Applicable rules includes those actions which would directly or indirectly: 1737761.1 • Limit or reduce the density or intensity of the Project, or otherwise require any reduction in the height, number, size or square footage of lots, structures or buildings; • Expand or increase Owner's obligations with respect to the provision of parking spaces, streets, roadways and/or any other public or private improvements, structures or dedications of land or with respect to payments of monetary exactions; • Limit, delay, or control the timing or phasing of the construction or development of the Project in any manner; or • Limit the design, improvement or construction standards or specifications or the location of buildings, structures, grading or other improvements relating to the development of the Project in a manner which is inconsistent with or more restrictive than the Applicable Rules. If there is a change in the Applicable Rules to which Owner has consented in writing, Owner's Vested Right shall include the right to complete the Project consistent with that change. 5. Development, Impact, Processing, and Other Fees. a. Applicable Fees. Only those fees and fee programs (i) set forth within the Applicable Rules, (ii) uniformly applied to all development projects within the City as of the Approval Date, and (iii) from which Owner is not otherwise exempt may be charged to Owner, the Property, or the Project with respect to the development of the Property, impacts related to the Project or development projects generally, the processing of applications, the issuance of permits, the provision of services, the maintenance of property, or any other matter related to the Property or the Project (the "Applicable Fees"). b. Limitation on Increase of Fees. Except as expressly provided elsewhere within this Agreement, all Applicable Fees to be paid with respect to development of the Property shall not be fixed and shall be charged in the amounts set forth in the City's then current Comprehensive Fee Schedule, as the same may be amended from time to time. 6. Term of Map(s) and Other Prosect Approvals. a. Subdivision Maps. Pursuant to Government Code Section 66452.6 and any other applicable provisions of the Government Code, the term of the Tentative Map and any other subdivision or parcel map that is approved for all or any portion of the Property shall be extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the Term, unless a longer term would result under otherwise applicable State or local law. 1737761.1 b. Other Development Approvals. Pursuant to Government Code Section 65863.9, all Development Approvals for any portion of the Project shall automatically be extended for the longer of (i) the term of the Tentative Map and (ii) the term of any other subdivision or parcel map that is approved for all or any portion of the Property. Pursuant to Section 6a, those terms shall be the same as the Term of this Agreement. 7. Public Services. Subject to Owner's compliance with all Project conditions of approval, City acknowledges and agrees that City will have sufficient capacity in its infrastructure, services, and utility systems for traffic circulation, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, and drainage, to accommodate the Project as provided in this Agreement.To the extent the City itself renders such services or provides such utilities, the City shall grant or issue hookups or service to the Project. 8. Other Governmental Permits and Fees. The City shall cooperate with Owner's efforts to obtain such other permits and approvals as may be required by or from other governmental or quasi-governmental agencies (including, but not limited to, districts and special districts providing flood control, sewer, and fire protection, and the Regional Water Quality Control Board) having jurisdiction over the Project in connection with the development of, or provision of services to, the Property. The City shall, from time to time at the request of Owner, attempt with due diligence and in good faith to enter into binding agreements with any such entity necessary to assure the availability of such permits and approvals or services, provided such agreements are reasonable. The City shall use its best efforts to work with other governmental and quasi-governmental agencies so as to limit to the maximum extent possible the imposition of additional fees, dedications, or exactions by or through such other agencies. 9. Modification or Cancellation by Mutual Consent.The following provisions shall govern the amendment and/or cancellation of this Agreement (collectively, an "Amendment"), provided that any Amendment must comply with the Development Agreement Statute. a. General. Pursuant to the Development Agreement Statute, an Amendment may occur through the mutual written consent of the Parties or their respective successors in interest. Public notice of the Parties' intention to enter into an Amendment shall be as provided by Government Code Section 65867. Any Amendment shall be subject to the provisions of Government Code Section 65867.5. b. Amendments of Applicable Rules. Any amendment to or change in the Applicable Rules shall not require an Amendment to this Agreement, provided that Owner has consented in writing to the amendment or change in the Applicable Rules. C. Minor Changes. The provisions of this Agreement require a close degree of cooperation between the Parties and "Minor Changes"to the Project may be required from time to time to accommodate design changes, engineering changes, and other refinements related to the details of the Parties' performance. "Minor Changes" shall 1737761.1 mean changes to the Project that are otherwise consistent with (i)the Tustin City Code and the General Plan and Design Review (DR-2022-0004) and (ii) do not result in a change in the type of use of the Property, an increase in the density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Approval Date. d. Operating Memoranda. The Parties shall document their mutual consent to adopting "Minor Changes"through their signing of an "Operating Memorandum" reflecting the Minor Changes. Neither the Minor Changes nor any Operating Memorandum shall require public notice or hearing. The Director, City Manager, and City Attorney shall be authorized to determine whether proposed modifications and refinements are "Minor Changes" subject to Section 10c or, rather, more significant changes requiring an Amendment. The City Manager shall execute any Operating Memoranda and may do without City Council action. 10. Periodic Review. a. General. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code Section 65865.1 and Tustin City Code Section 9617, as the same may be amended from time to time. Owner (including any successor to the owner executing this Agreement on or before the date the Effective Date) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. b. Owner Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Owner is required to demonstrate good faith compliance with the terms of the Agreement. Owner agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) days prior to each anniversary of the Effective Date during the Term. C. Procedure. The City shall conduct its annual review of the Agreement in accordance with Tustin City Code Section 9617, as the same may be amended from time to time. d. Annual Review a Non-Exclusive Means for Determining and Requiring Cure of Owner's Default. The annual review procedures set forth in this Article 6 shall not be the exclusive means for City to identify a Default by Owner or limit City's rights or remedies for any such Default. 11. Events of Default. a. General Provisions. In the event of any default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall have the right to deliver 1737761.1 a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) days if the Default relates to the failure to timely make a monetary payment due hereunder and thirty (30) days in the event of non- monetary Defaults) in which the Default must be cured (the "Cure Period"). Owner or City, as applicable, shall have the ability to contest the validity of the Default for a period of five (5) days after Owner or City receives the written Notice of Default. The Parties shall meet and confer in good faith for fifteen (15) days to attempt to resolve the validity of the Notice of Default. If the Parties are unable to resolve the validity of the Notice of Default after this meet and confer period, the Cure Period timeframes specified in this Section 11 shall apply. During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If however, a non-monetary Default cannot be cured within such thirty (30) day period, as long as the defaulting Party does each of the following: i. notifies the non-defaulting Party in writing with a reasonable explanation as to the reasons the asserted Default is not curable within the thirty (30) day period; ii. notifies the non-defaulting Party in writing of the defaulting Party's proposed course of action to cure the Default; iii. promptly commences to cure the Default within the thirty (30) day period; iv. makes periodic written reports to the non-defaulting Party as to the progress of the program of cure; and V. diligently prosecutes such cure to completion, then the non-defaulting Party shall grant in writing the defaulting Party such additional time as determined by the non-defaulting party as reasonably necessary to cure such Default. b. City's Remedies. In the event of a Default by Developer under this Agreement that is not cured during the Cure Period, City, at its option, may institute legal action to cure, correct or remedy such Default, enjoining any threatened or attempted violation, enforce the terms of this Agreement by specific performance, or pursue any other legal or equitable remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies in this Section 11, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to Tustin City Code Section 9618, in which event the matter shall be scheduled for consideration and review by the City Council. The decision of the City 1737761.1 Council shall be final, subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.S(b ). C. Default by City/Owner's Limited Remedies. In the event of a Default by City under this Agreement that is not cured during the Cure Period, Owner's remedies shall be limited to bringing an action for specific performance to compel the City to perform its obligations and/or to remedy the consequences to Owner of the failure of the City's material representations. 12. Delay for Events Beyond the Parties' Control. The timely performance by either Party of its obligations under this Agreement shall be excused and the Term shall be extended for periods equal to the time during which a delay in performance is caused by reason of any event beyond the control of City or Owner. Examples of such events include acts of nature (such as fire, mud, rain, floods, earthquakes, pandemics), enactment of new conflicting federal or state laws or regulations (such as the listing of a species as threatened or endangered),judicial actions (such as the issuance of restraining orders and injunctions), , or damage to work in process by reason of riots, strikes, significant vandalism, or other similar occurrences. If either Party seeks excuse from performance, it shall provide written notice of the delay to the other Party within thirty(30) days after the commencement of the delay. If the delay or default, whether material or immaterial, is beyond the control of City or Owner it shall be excused and an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.Any disagreement between the Parties with respect to whether this Section 13 applies to a particular event or delay is subject to the filing by either Party of an action for judicial review of the matter, including requests for declaratory and/or injunctive relief. 13. Lender Protection Provisions. a. Notice of Default. Any notice of any default by Owner which is provided to Owner pursuant to this Agreement shall also be sent to any lender that has made a loan then secured by a deed of trust against all or a portion of the Property, provided that the lender has first (a) given the City written notice of the lender's election to receive copies of default notices and (b) provided to the City a recorded copy of its applicable deed of trust. Any lender that has taken these steps is referred to within this Agreement as a "Qualified Lender." A Qualified Lender does not include the maker of a loan solely to the owner of a single family residential unit within the Property. b. Right of a Qualified Lender to Cure a Default. If Owner fails to timely cure any default under this Agreement within the time periods set forth in this Section below,then the City shall send a written notice of that failure to each Qualified Lender.After receiving that notice, each Qualified Lender shall have the right to cure any such default on the same terms as Owner has the right to cure a default under Section 12a above. The Qualified Lender's time in which to commence a cure begins on the date of its receipt 1737761.1 of the written notice. If the nature of the default is such that a Qualified Lender cannot reasonably cure the default without being the owner of all or the applicable portion of the Property, the Qualified Lender shall be deemed to be diligently pursuing the cure of any such default if (i) the Qualified Lender(s) is (are) proceeding to foreclose the lien of its deed of trust against all or the applicable portion of the Property and (ii) after completing that foreclosure promptly commences the cure of the default and thereafter diligently pursues that cure to completion. C. Exercise of City's Remedies. Notwithstanding any other provision of this Agreement, the City shall not exercise any right or remedy it may have under this Agreement or otherwise arising out of a default by Owner and/or a Qualified Lender has the right under this Agreement to cure that default. d. No Impairment of Development Agreement to Mortgage. A default by Owner shall not subordinate, invalidate or defeat the lien of any mortgage held by a lender. Neither a breach of any obligation secured by any mortgage held by a lender or other lien against the mortgaged interest, nor a judicial foreclosure, trustee's sale, or acceptance of a deed in lieu of foreclosure (collectively, a "Foreclosure") under any mortgage or other lien, shall defeat, diminish, render invalid or unenforceable, or otherwise impair Owner's rights or obligations, or constitute a default, under this Agreement. In no event shall a Foreclosure or other exercise by a lender of its pre-or post-Foreclosure rights in connection with a mortgage require any consent or approval by the City. e. Lender's Obligations with Respect to the Property. Notwithstanding anything to the contrary in this Agreement, no lender shall have any obligations or other liabilities under this Agreement unless and until that lender acquires title to the portion of the Property that was subject to the applicable mortgage. Further, no lender shall have any obligations or liabilities under this Agreement solely because it holds a mortgage or an interest in Owner. 14. Recordation of this Agreement. Pursuant to Government Code Section 65868.5, the City Clerk shall cause a copy of this Agreement to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of Orange County, California,within ten (10) days after the Effective Date. The failure of the City to sign and/or record this Agreement shall not affect the validity of and binding obligations set forth within this Agreement,or modify or amend the Effective Date or the expiration of the Term. 15. No Third Party Beneficiaries. This Agreement is entered into for the sole protection and benefit of the City, Owner, and their respective successors and assigns. No other person or entity shall have any right of action based upon any provision of this Agreement. 16. Changes in Federal and State Law. The Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations or mandate the 1737761.1 adoption of local regulations that conflict with the Applicable Rules. Upon discovery of such a subsequently enacted federal or state law, City or Owner shall provide the other Party with written notice containing a copy of the state or federal law or regulation and a written explanation of the legal or regulatory conflict created. Within ten (10) days after receipt of that notice, City and Owner shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation. In such negotiations, City and Owner agree to preserve the terms of this Agreement and the Owner's Vested Right to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Owner in resolving the conflict in a manner which minimizes any financial impact to Owner. Any delays caused by such changes in state or federal law shall be considered delays beyond the control of City or Owner pursuant to Section 14 above. 17. Assignment. a. Permitted Transfers. Owner shall have the right, upon approval of City,which approval shall not be unreasonably withheld, to sell, transfer or assign (hereinafter, collectively, a "Transfer')Owner's interest in this Agreement and the Property, in whole or in part,to a third party acquiring an interest or estate in the Property or any portion thereof(such successor, a "Permitted Transferee") and such successor, as of the effective date of the Transfer, shall become the "Owner" under this Agreement; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and each Transfer shall be made in strict compliance with the conditions precedent set forth in Sections 18b and 18c City shall promptly consider any Transfer request submitted by Owner. b. City Approval of Transferee. Prior to the completion of any proposed Transfer, Owner (as transferor) shall: i. notify City, in writing, of such proposed Transfer and, in order to permit the City to make an informed decision to approve or disapprove the Transfer, provide to the City such financial statements and evidence of the proposed Transferee's fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations assumed; and ii. deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Owner and in a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to which the transferring Owner assigns to the successor Owner and the successor Owner assumes from the transferring Owner all of the rights and obligations of the transferring Owner with respect to the Property, or interest in the Property, or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed outside of the Property so Transferred that are a condition precedent to the successor 1737761.1 Owner's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Owner with respect to the balance of the Property. c. Ongoing Liability of Transferor. Notwithstanding any Transfer, the transferring Owner shall continue to be jointly and severally liable to City, together with the successor Owner, to perform all of the transferred obligations set forth in or arising under this Agreement unless there is full satisfaction of all of the following conditions, in which event the transferring Owner shall be automatically released from any and all obligations with respect to the portion of the Property so Transferred: (i) the transferring Owner no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Owner is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii)the transferring Owner has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in Section 18b; and (iv) the successor Owner either (A) provides City with substitute security equivalent to any security previously provided by the transferring Owner to City to secure performance of the successor Owner's obligations hereunder with respect to the Property, or interest in the Property, or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Owner either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Owner has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. In the case of partial Transfers, a default under this Agreement by Owner shall not be considered or acted upon by the City as a default by the Permitted Transferee and shall not affect the Permitted Transferee's rights or obligations hereunder. Likewise, a default by a Permitted Transferee shall not be considered or acted upon by the City as a default by Owner and shall not affect Owner's retained rights and obligations hereunder. Notwithstanding the foregoing, if a breach of this Agreement involves an obligation jointly held by both Owner and a Permitted Transferee,the City may avail itself of the remedies specified in Section 11 against both the Owner and Permitted Transferee. 18. Indemnification Obligations of Owner. 1737761.1 a. Indemnity Arising from Acts or Omissions of Developer. Except to the extent caused by the intentional misconduct or actively negligent acts, errors or omissions of City or one or more of City's officials, employees, agents, attorneys and contractors (collectively,the "City's Affiliated Parties"), Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorneys' fees, expert witness fees and court costs) (collectively, a "Claim")that may arise, directly or indirectly,from the acts,omissions,or operations of Owner or Owner's officers, agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Owner relating to the Property or pursuant to this Agreement. City shall have the right to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Owner shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 19a shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive expiration of the Term or earlier termination of this Agreement. b. Third Party Litigation. In addition to its indemnity obligations set forth in Section 19b Owner shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of the Project, this Agreement, the Adopting Ordinance, any actions taken pursuant to CEQA with respect thereto, and the approval of any permit or entitlement granted pursuant to this Agreement. Said indemnity obligation shall include, without limitation, payment of attorney's fees, expert witness fees, and court costs. City shall promptly notify Owner of any such Claim and City shall cooperate with Owner in the defense of such Claim. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Owner's indemnity obligation, provided that such counsel shall reasonably cooperate with Owner in an effort to minimize the total litigation expenses incurred by Owner. City's separate counsel's billing rates shall be identical to the rates City pays for its typical municipal litigation rates for legal challenges of the variety being defended. Provided that Owner has then paid in full all sums due to the City or its counsel incurred pursuant to this Section and otherwise fully performed its indemnity obligations hereunder, Owner shall be entitled to retain the same. The indemnity provisions in this Section 19b shall be effective on the date on which the Adopting Ordinance is approved by the City Council and shall survive expiration of the Term or earlier termination of this Agreement. C. Labor Laws. Owner shall carry out the construction of the Project, including all improvements, in conformity with all applicable federal and state labor laws and regulations and shall investigate the applicability of and, if and to the extent applicable, pay prevailing wages meeting the requirements of such laws and regulations; provided that Owner reserves the right to reasonably contest such laws 1737761.1 and regulations. Owner hereby agrees that, with respect to the Project, Owner shall be fully responsible for determining whether the foregoing wage requirements are applicable and agrees to indemnify, defend and hold the City and its elected and appointed officials, employees, agents, attorneys, affiliates, representatives, contractors, successors and assigns free and harmless from and against any and all Claims arising from or related to compliance by Owner or Owner's officers, directors, employees, agents, representatives, consultants and/or contractors (at every tier) in construction of the Project with the prevailing wage requirements imposed by any applicable federal and State labor law. 19. Sale or Lease of Individual Lots or Homes. The sale or lease of an individual lot or home to an end user is not subject to the provisions of Section 19 above. Rather, upon such a sale, (i) the acquiring or leasing party shall be deemed to have no obligations under this Agreement and (ii) the individual lot shall no longer be subject to or burdened by this Agreement. 20. Covenants Run With the Land. Subject to any express exceptions contained within this Agreement, this Agreement shall run with the land and shall be binding upon and inure to the benefit of the Parties' respective successors and assigns (including all Transferees). 21. Miscellaneous Provisions. a. Notices. All notices which are allowed or required to be given under this Agreement ("Notices") shall be in writing and (i) be deemed given and received when personally delivered or (ii) be deemed given when deposited in the U.S. mail, with postage prepaid, to be sent by registered, certified, or overnight mail service and deemed received on the second business day after such mailing. The addresses for Notices are as follows and may be changed by delivery of a Notice to these addresses: If to City: City of Tustin 300 Centennial Way Tustin, CA 92780 Attention: City Manager If to Owner: Intracorp Socal-1, LLC 895 Dove Street, Suite 400 Newport Beach, California 92660 Attention: with a copy to: Cox, Castle & Nicholson LLP 3121 Michelson Drive Suite 200 1737761.1 Irvine, CA 92612-5678 Attention: Tim Paone b. Severability. If any part of this Agreement is declared invalid for any reason, that invalidity shall not affect the validity of the rest of this Agreement, provided that the Owner's Vested Right and the Public Benefits are not materially diminished. C. Entire Agreement, Conflicts with Applicable Rules. With respect to the subject matter of this Agreement, this Agreement represents the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, between the Parties. d. Not Acting as Agents. In entering into and performing under this Agreement, each of the Parties is acting as an independent entity and not as an agent of the other in any respect. Nothing contained within this Agreement or in any document executed in connection with this Agreement shall be construed as making the City and Ownerjoint venturers, partners, or employer/employee. e. Attorneys'Fees. In anyjudicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure Section 1033.5 or California Civil Code Section 1717 in the absence of this Agreement. These costs and expenses include court costs, expert witness fees, attorneys' fees, and costs of investigation and preparation before initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. The maximum hourly rate for attorneys which are recoverable under this Section 22e is $200/hour. f. Waiver. All waivers of performance must be in a writing signed by the Party granting the waiver. There are no implied waivers. Failure by City or Owner to insist upon the strict performance of any provision of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with the same or any other provision of this Agreement in the future. A written waiver affects only the specific matter waived and defines the performance waived and the duration of the waiver. g. Time of Essence. Time is of the essence of this Agreement, and all performances required under this Agreement shall be completed within the time periods specified. h. Estoppel Certificate. Within ten (10) business days following a written request by either of the Parties, the other Party shall execute and deliver to the requesting Party a statement (an "Estoppel Certificate") certifying that: 1737761.1 • Either (i) this Agreement is unmodified and in full force and effect or (ii) there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and • Either (i) there are no known current uncured Defaults under this Agreement or (ii) that the responding Party alleges that specified (date and nature) defaults or Defaults exist. The Estoppel Certificate also shall provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults or Defaults in the performance of the requesting Party, except as may be represented by the requesting Party. Owner shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of an Estoppel Certificate prior to City's issuance of the Estoppel Certificate. i. Choice of Law,Jurisdiction; Venue.This Agreement shall be interpreted under the laws of the State of California and any question or controversy arising out of or in any way related to this Agreement shall be governed by the law of the State of California. Any legal proceeding commenced with respect to any question or controversy arising out of or in any way related to this Agreement shall be filed and prosecuted in the Superior Court for Orange County, California. This Agreement has been signed by the Parties on the dates indicated below. OWNER Intracorp Socal-1, LLC By: Name: Its: Date: CITY City of Tustin, a municipal corporation of the State of California By: Name: Its: Date: 1737761.1 Exhibit "A" Description of Property Real property in the City of Tustin, County of Orange, State of California, described as follows: PARCEL A: PARCELS 2 AND 3 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, ON THE MAP FILED IN BOOK 31, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PUBLIC UTILITIES AND DRAINAGE PURPOSESOVER, UNDER, ALONG, ACROSS AND THROUGH THE NORTHERLY 25.00 FEET OF THE SOUTHERLY 45.00 FEET OF PARCEL 1 ON THE MAP FILED IN BOOK 31, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY. APN: 401-141-13 and 401-141-57 1737761.1 Exhibit "B" Depiction of Property (Site Plan) 1117 Landscape Key IDa 77 i _. I :Je. x• Tree Paletts r_r fF to w Estimated Plant Count FI RE 4 V i N T R A C O R P Conceptual Landscape Plan LAND 17802 Irvine Blvd. ��y CONCERN TUSTIN,CA L-1 1737761.1 ATTACHMENT L PUBLIC COMMENTS NONE RECEIVED AS OF THE PUBLISH DATE OF THIS REPORT.