AGENDA REPORT — Tustin City Council, September 1, 2026 (part 1 of 4)

MEETING DATE: SEPTEMBER 1, 2026
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: ALEXA SMITTLE, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: DEVELOPMENT AGREEMENT, TENTATIVE PARCEL MAP
/SUBDIVISION, CONDITIONAL USE PERMIT, DESIGN REVIEW, AND

DENSITY BONUS REQUEST FOR THE CLEARWATER AT TUSTIN

LEGACY SENIOR LIVING PROJECT
SUMMARY:

This item is consideration of the proposed Clearwater at Tustin Legacy project, a senior living community on a vacant, 6.14-acre City-owned site at the southeast corner of Warner Avenue and Armstrong Avenue, within Neighborhood D South of the Tustin Legacy Specific Plan. The project consists of a 172-unit residential community for active, independent seniors, of which 26 units would be affordable to Lower Income households, and an approximately 143,000 square foot assisted living and memory care facility containing 103 units and 134 beds.

The development proposal includes applications for design review, request for a density bonus incentive and waivers, a conditional use permit, a tentative parcel map, a development agreement, and associated environmental analysis.

RECOMMENDATION:

That the City Council:

1. Adopt City Council Resolution No. 26-43, adopting the Addendum to the Tustin Legacy Specific Plan 2025 Supplemental Environmental Impact Report and approving:
a. Design Review 2025-0008 for the design and site layout of 172 residential units for active seniors, an approximately 143,000 square foot assisted living and memory care facility, surface and garage parking, landscaping, and associated site improvements;
b. A Density Bonus request to increase the allowable density from 124 base units to 173 units (38.75 percent density bonus), by providing 26 units affordable to

AGENDA REPORT
Agenda Item _______
Reviewed:

City Manager _______
Finance Director _______
11 Docusign Envelope ID: 97066FC7-86B2-8A61-80C2-16A78582FF31 Docusign Envelope ID: 1C9FBFF9-DA6C-8FE7-8399-F55C628A5AA3 Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D City Council Agenda Report
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Lower Income households; one incentive related to the affordable unit bedroom mix; and waivers related to private open space, building setbacks, patio wall height, and architectural feature encroachment;
c. Conditional Use Permit 2025-0012 to establish and operate a 103-unit, 134- bed assisted living and memory care facility; and
d. Tentative Parcel Map 2025-151/Subdivision 2025-0003 to subdivide the 6.14- acre site into two parcels.

2. Introduce and conduct first reading by title only of Ordinance No. 1580, approving Development Agreement 2025-0001 to facilitate the development and conveyance of the 6.14-acre City-owned site, and set the second reading and adoption for the next available City Council meeting.

FISCAL IMPACT:

There is no fiscal impact associated with adoption of City Council Resolution No. 26-43 or City Council Ordinance No. 1580.

The fiscal impact resulting from the sale of the City owned property, and other actions related to the sale, will be addressed within the City Council's future consideration of the project's Disposition and Development Agreement, which is not a part of this request.

CORRELATION TO THE STRATEGIC PLAN:

This project supports Strategic Plan Goal A – Economic and Neighborhood Development, by facilitating the development of a vacant, City-owned site within Tustin Legacy with senior housing, including affordable senior housing, and senior care services that address the needs of an underserved segment of the community.

BACKGROUND AND DISCUSSION:

The project proposed by the applicant, Confluent Development, consists of two buildings:
one an Active Adult community with 172 units, and the other an assisted living and memory care (ALMC) facility with a total of 134 beds. The project also includes 278 parking spaces within garages and surface lots, 29,455 square feet of landscaping, recreation amenities, a bus turnout, and utility and stormwater improvements.

Construction is anticipated to occur in a single phase of approximately 24 months, beginning in the Spring of 2027.

On August 11, 2026, the Planning Commission adopted Resolution No. 4553 with four commissioners voting in favor, none voting against, and one absent, determining that the location, purpose, and extent of the proposed disposition of the site is in conformance with the City’s General Plan and the TLSP, and adopted Resolution No. 4554, Docusign Envelope ID: 97066FC7-86B2-8A61-80C2-16A78582FF31 Docusign Envelope ID: 1C9FBFF9-DA6C-8FE7-8399-F55C628A5AA3 Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D City Council Agenda Report
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recommending City Council approval of the project, including the proposed Addendum to the TLSP 2025 Supplemental Environmental Impact Report (SEIR).

Additional details on the proposed project, including the following topics, as well as graphics of the proposed site design, can be found within the submitted plans (Attachment 3) and the Planning Commission staff report (Attachment 5).

Design Review
The buildings feature a modern-contemporary architectural style consistent with the Urban Design Guidelines of TLSP Section 3.19, and building heights are well below the 150-foot maximum permitted. The Active Adult community provides indoor and outdoor amenities including a central courtyard with a pool and a rooftop deck, and the ALMC facility provides a secured central courtyard along with amenities shared with the adjacent Active Adult community. The buildings comply with all applicable TLSP development standards other than those requested to be waived under State Density Bonus Law.

Density Bonus
The applicant requests a 38.75 percent density bonus for the Active Adult community under State Density Bonus Law (Government Code Section 65915) and Article 9, Chapter 1 of the Tustin City Code (TCC), increasing the allowable density from 124 base units to 173 units, though the applicant is proposing to build one less (172 units). The bonus is earned by restricting 26 units as affordable to Lower Income households for a minimum of 55 years. As allowed by State Density Bonus Law, the applicant also requests one incentive, relating to the bedroom mix of the affordable units, and four waivers of development standards, relating to private open space, building setbacks, patio wall height, and architectural feature encroachment.

Conditional Use Permit
The TLSP land use regulations for Planning Area 8, 13, and 14 list “congregate care, convalescent, and assisted living facility” as a conditionally permitted use. The proposed ALMC facility falls within this land use category, with memory care being a specialized subset of assisted living. Conditional Use Permit (CUP) 2025-0012 would authorize the establishment and operation of the facility, which must also be licensed by the California Department of Social Services. Conditions of Approval address the development and ongoing operation of the facility, including State licensing requirements and limiting the residential component to seniors.

Tentative Parcel Map 2025-151 / Subdivision 2025-0003
Tentative Parcel Map 2025-151 divides the 6.14-acre site into two parcels for conveyance purposes only, one for the Active Adult community and one for the ALMC facility, and provides required easements including bioswale access and maintenance and vehicle access rights. In compliance with the Subdivision Map Act, the City transmitted the map Docusign Envelope ID: 97066FC7-86B2-8A61-80C2-16A78582FF31 Docusign Envelope ID: 1C9FBFF9-DA6C-8FE7-8399-F55C628A5AA3 Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D City Council Agenda Report
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to affected agencies and received one response, which is addressed in the Planning Commission staff report (Attachment 5).

Development Agreement 2025-0001
TLSP Section 4.2.7 requires a Development Agreement (DA) in conjunction with, or prior to, the approval of entitlements associated with private development. A DA provides both the applicant and the City with certainty that the project may proceed under the rules, conditions, and regulations in place at the time of approval, while assuring the City that its objectives, goals, and policies will be carried out. DA 2025-0001 provides for the orderly implementation of the General Plan and the TLSP, completion of the project consistent with the Disposition and Development Agreement (DDA), and certain assurances to the applicant and the City. Its provisions include public benefit improvements, affordable housing obligations, construction of infrastructure and public facilities, maintenance agreements, and annual review of the developer’s performance.

The DA is included in Attachment 2.

ENVIRONMENTAL REVIEW:

On January 16, 2001, the City certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of Marine Corps Air Station Tustin and subsequently adopted a series of supplements and addenda to that document. On December 17, 2024, the City Council adopted Resolution No. 24- 76, approving a third supplement to the FEIS/EIR (the TLSP 2025 SEIR, State Clearinghouse No. 1994071005), which evaluated the environmental effects of an amendment to the TLSP implementing the City’s Sixth Cycle Housing Element Rezone Project.

An Addendum to the TLSP 2025 SEIR was prepared for this project pursuant to CEQA Guidelines Sections 15164, 15162, and 15168. The project was evaluated through an addendum tiering from the TLSP 2025 SEIR, rather than the statutory exemption available to residential projects undertaken pursuant to a specific plan, because the project includes an institutional assisted living and memory care component in addition to residential uses. The Addendum concludes that the project is within the scope of the development already analyzed in the TLSP 2025 SEIR, that no new significant environmental effects or substantial increases in the severity of previously identified effects would occur, and that no subsequent or supplemental EIR is required. All applicable mitigation measures from the Mitigation Monitoring and Reporting Programs (MMRP) for the FEIS/EIR, 2017 SEIR, and TLSP 2025 SEIR have been incorporated into the project’s Conditions of Approval. The Addendum is included in Attachment 1. ________________________________
Alexa Smittle
Director of Community Development
Docusign Envelope ID: 97066FC7-86B2-8A61-80C2-16A78582FF31 Docusign Envelope ID: 1C9FBFF9-DA6C-8FE7-8399-F55C628A5AA3 Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D City Council Agenda Report
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________________________________
Jay Eastman, AICP
Assistant Director - Planning
________________________________
Jorge Maldonado
Senior Planner
Attachments:

1. City Council Resolution No. 26-43
A. Exhibit A: Addendum to the Tustin Legacy Specific Plan 2025 SEIR B. Exhibit B: Conditions of Approval (including Mitigation Monitoring and Reporting Program)
C. Exhibit C: Tentative Parcel Map 2025-151

2. City Council Ordinance No. 1580
A. Exhibit A: Development Agreement 2025-0001

3. Submitted Plans

4. Other Agencies’ Comments on Tentative Parcel Map 2025-151

5. Planning Commission Staff Report, August 11, 2026

6. Draft Planning Commission Minutes, August 11, 2026

7. Planning Commission Resolution No. 4553

8. Planning Commission Resolution No. 4554

9. Radius Map

10.Land Use Fact Sheet

11.Public Comments
Docusign Envelope ID: 97066FC7-86B2-8A61-80C2-16A78582FF31 for
Docusign Envelope ID: 1C9FBFF9-DA6C-8FE7-8399-F55C628A5AA3 Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D __________________
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RESOLUTION NO. 26-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,

CALIFORNIA, ADOPTING AN ADDENDUM TO THE TUSTIN LEGACY
SPECIFIC PLAN 2025 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND APPROVING SUB 2025-0003 / TENTATIVE PARCEL MAP 2025-151, CONDITIONAL USE PERMIT 2025-0012, DESIGN REVIEW 2025-0008, AND A DENSITY BONUS REQUEST FOR THE DEVELOPMENT OF 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS AND AN APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY ON LOT 14 OF TRACT 18197 WITHIN PLANNING AREA 8, 13, AND 14 (NEIGHBORHOOD D)

OF THE TUSTIN LEGACY SPECIFIC PLAN
The City Council of the City of Tustin hereby finds and determines as follows:

A. That a proper application has been submitted by Confluent Development, through its project entity CD-CW (Tustin) LLC, for the development of 172 residential units for active seniors, including 26 units affordable to Lower Income households, and an approximately 143,000 square foot assisted living and memory care facility containing 103 units, on Lot 14 of Tract 18197, an approximately 6.14-acre site currently owned by the City of Tustin within Planning Area (PA) 8, 13, and 14 (Neighborhood D) of the Tustin Legacy Specific Plan (TLSP).

B. That the development application includes the following requests:

1. Development Agreement (DA) 2025-0001 to facilitate the development and conveyance of the approximately 6.14-acre Cityowned site, which is approved by separate ordinance and is not approved by this Resolution.

2. Tentative Parcel Map (TPM) 2025-151/SUB 2025-0003 to subdivide the approximately 6.14-acre site into two (2) numbered parcels for the development of the active senior residential community and the assisted living and memory care facility.

3. Conditional Use Permit (CUP) 2025-0012 to establish and operate a 103-unit, approximately 143,000 square foot assisted living and memory care facility.

4. Design Review (DR) 2025-0008 for the site layout and building design of 172 residential units for active seniors, an approximately 143,000 square foot assisted living and memory care facility, parking garages and surface parking, landscaping, and associated site improvements.

Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 ATTACHMENT 1
__________________
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5. Density Bonus to increase the density of the project, together with one (1) incentive and four (4) waivers/reductions of development standards to facilitate the proposed project.

C. That the site is zoned as TLSP (SP-1) within PA 8, 13, and 14 (Neighborhood D), and designated as TLSP by the General Plan. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element.

D. That TLSP Section 4.2.7 requires all private nonresidential development at Tustin Legacy to obtain a DA in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code (TCC). In compliance with TCC Section 9611, the Planning Commission has recommended that the City Council approve an ordinance adopting the proposed DA. Pursuant to TCC Section 9614, a DA shall be approved by the adoption of an ordinance, and Ordinance No. 1580 approving DA 2025- 0001 is being considered by the City Council concurrently with this Resolution.

E. That pursuant to TCC Section 9311(g)(5), the Planning Commission is authorized to review and take action on tentative maps; however, because the proposal includes other applications that require City Council approval, TPM 2025-151/SUB 2025-0003 has been forwarded to the City Council for concurrent consideration.

F. As conditioned, TPM 2025-151 (SUB 2025-0003) will be in conformance with the General Plan, TLSP, State Subdivision Map Act, and the City’s Subdivision Code as follows:

1. That the site is located in PA 8, 13, and 14 (Lot 14 of Tract 18197) of the TLSP, which is designated for Mixed-Use Urban and that the proposed development as conditioned will be physically suitable for the type of development and proposed density of development;

2. That the proposed subdivision divides the site into two parcels for conveyance purposes only and provides for required easements, including bioswale access and maintenance and vehicular access rights;

3. The subdivider will be required to provide funding towards the project’s fair share of Tustin Legacy Backbone Infrastructure Program, which includes improvements that are required to serve new development at Tustin Legacy, including but not limited to roadway improvements; traffic and circulation mitigation to support development at Tustin Legacy; domestic and reclaimed water; sewer; telemetry systems; storm drains and flood control channels; Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
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retention and detention systems, open space and public recreational facilities and; utility backbone systems;

4. That the proposed subdivision would not have a new impact on school district facilities within the Tustin Unified School District (TUSD) or Santa Ana Unified School District (SAUSD) in that school impacts for development were considered in the MCAS Reuse Plan, which identified school facility sites that will be conveyed to the TUSD by the Federal Department of Education or the City of Tustin to serve development of property at Tustin Legacy. The TLSP, the Final Joint Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR), its supplements and addenda, and conditions of approval of the proposed subdivision also require proof of payment of appropriate school fees as adopted by the TUSD and SAUSD prior to issuance of building permits in accordance with the City’s procedures;

5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat;

6. The proposed subdivision is not located within a 100-year flood plain according to the Federal Emergency Management Agency map for the area; and

7. Adequate infrastructure to support buildout of the project and construction of public infrastructure and utility systems is required in accordance with the conditions of approval.

G. On August 11, 2026, the Planning Commission adopted Resolution No. 4553, determining that the location, purpose, and extent of the proposed disposition of the approximately 6.14-acre site within Neighborhood D of the Tustin Legacy Specific Plan for the development of the proposed project is in conformance with the City’s adopted General Plan and the Tustin Legacy Specific Plan, and adopted Resolution No. 4554, recommending that the City Council adopt an Addendum to the TLSP 2025 Supplemental Environmental Impact Report (SEIR), approve by resolution TPM 2025- 151/SUB 2025-0003, CUP 2025-0012, DR 2025-0008, and a Density Bonus request for the project including the requested incentive and waivers, and adopt Ordinance No. 1580 approving DA 2025-0001.

H. Pursuant to the TLSP and TCC Section 9272, the City Council finds that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the City Council has considered at least the following items:

Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
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1. Height, bulk, and area of buildings. The five-story active senior building has a maximum height of 71 feet and the two-story assisted living and memory care building a maximum of 35.6 feet, both of which are below the 150-foot maximum permitted. Building footprints of 79,819 and 75,921 square feet are distributed across the 6.14- acre site such that building mass is concentrated along Armstrong Avenue and scales down toward Veterans Way.

2. Setbacks and site planning. The buildings are sited to frame all four street frontages, with resident parking placed within structures.

Limited encroachments into the required building setback along Armstrong Avenue, Warner Avenue, and Veterans Way
accommodate ground-level patios, a second-floor balcony, and a corner architectural feature, all of which are authorized pursuant to requested density bonus waivers.

3. Exterior materials and colors. The buildings use an earth-toned palette of limestone tile veneer, brown fiber cement siding, and stucco in varied finishes, with accents including picket railings, exposed concrete, and metal trim, consistent with TLSP Section

3.19. 4. Type and pitch of roofs. Both buildings use low-slope roofs concealed behind parapets, with maximum building heights measured to the top of parapet.

5. Size and spacing of windows, doors, and other openings. Window and door openings are distributed to articulate each façade and reduce apparent building mass. Private balconies are provided on 165 of the 172 active senior units; the seven units without balconies are located where Orange County Fire Authority ladder pad access is required.

6. Roof structures. Rooftop improvements on the active senior building include a 4,837 square foot amenity deck with a pickleball court and outdoor kitchen. Rooftop mechanical equipment is screened from public view by parapets.

7. Location, height, and standards of exterior illumination. Exterior lighting is designed to provide safe pedestrian and vehicular circulation while shielding and directing light downward to avoid spillover onto adjacent properties. As conditioned, exterior illumination will comply with the standards of the Tustin Security Ordinance.

8. Landscaping, parking area design, and traffic circulation. The project provides 29,455 square feet of landscaping, including droughtDocusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
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tolerant trees and shrubs along the site boundary, within parking areas, and throughout open space areas. A total of 278 parking spaces are provided within parking garages and two surface lots, which exceeds the minimum number of spaces required by 43 spaces (235 required). Site access is taken from John Johnson Way and Veterans Way, with an internal roundabout providing passenger loading and access to guest parking and both garages, and a bus turnout serving the assisted living and memory care facility.

9. Location and appearance of equipment located outside an enclosed structure. Ground-mounted mechanical, electrical, and utility equipment is located away from street frontages and screened by walls and landscaping, and rooftop equipment is screened by parapets.

10. Location and method of refuse storage. Refuse and recycling for the Active Adult building are deposited down trash chutes located at each floor and stored within enclosed trash rooms at the ground floor of each building. Dumpsters are then moved to collection areas onsite accessible from internal drive aisles. For the assisted living and memory care facility, refuse is collected by staff and deposited at a dedicated trash enclosure accessible from internal drive aisles.

11. Physical relationship of proposed structures to existing structures in the neighborhood. The site is bounded by public streets on all four sides. The two-story assisted living and memory care building provides a gentler visual for most of the project frontage on John Johnson Way, facing the park.

12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The modern-contemporary architecture and earth-toned palette are consistent with the design character established elsewhere in Neighborhood D. Building orientation and façade articulation along Warner Avenue, Armstrong Avenue, Veterans Way, and John Johnson Way establish a
consistent street presence that will complement future development on adjoining parcels.

13. Development Guidelines and criteria as adopted by the City Council.

The project complies with TLSP Section 3.19, Urban Design Guidelines, and with the development standards applicable to Planning Area 8, 13, and 14, except for those standards for which density bonus waivers have been requested.

I. That TLSP Section 3.11 lists a “congregate care, convalescent, and assisted living facility” as a conditionally permitted use within PA 8, 13, and Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
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14, and TCC Section 9291 grants the Planning Commission the authority to consider and act on such requests for a CUP; however, because the proposal includes other applications that require City Council approval, CUP 2025-0012 has been forwarded to the City Council for concurrent consideration. The proposed assisted living and memory care facility falls within this land use category, with memory care being a specialized subset of assisted living. No convalescent use is proposed.

J. That in determining whether to approve the CUP application, the City Council finds that the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that:

1. The proposed assisted living and memory care facility is a conditionally permitted use within PA 8, 13, and 14 pursuant to Tustin Legacy Specific Plan Section 3.11.

2. The facility is compatible with the Mixed-Use Urban designation of Neighborhood D and with the adjacent residential community for active seniors, with which it shares amenities, and with the future extension of the Legacy Linear Park to the south.

3. At two stories and a maximum height of 35.6 feet, the facility constitutes the lower-scale portion of the project and provides an appropriate transition in building scale toward the future park and adjoining residential neighborhood.

4. The operations of the facility occur almost entirely within the enclosed building or within the 18,162 square-foot courtyard, which provides secure outdoor space for residents.

5. Because most residents of assisted living and memory care facilities do not drive, the facility generates comparatively little traffic. The traffic analysis prepared for the project estimates the facility would generate approximately 348 vehicle trips per day.

6. The facility provides 67 parking spaces, exceeding the 45 spaces required by TCC Section 9263 for 134 beds, and includes a bus turnout and a dedicated bus space to serve resident transportation.

7. Assisted living facilities are licensed by the California Department of Social Services (CDSS), and the operator must obtain additional State approvals to operate a memory care program. The Community Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
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Care Licensing Division (CCLD) of CDSS regulates compliance with State operational standards, staffing, and resident care requirements.

8. Conditions of approval have been included to address the development and ongoing operation of the facility.

K. That the proposed residential community for active seniors is eligible for a density bonus pursuant to State Density Bonus Law (Government Code Section 65915) and TCC Article 9, Chapter 1. By reserving 26 units (21 percent of the 124 base units) as affordable to Lower Income households for a minimum of 55 years, the applicant is entitled to a 38.75 percent density bonus, which allows a total of 173 units, of which 172 units are proposed.

L. That the requested incentive consisting of an affordable unit mix of 23 onebedroom units and 3 two-bedroom units is consistent with and in compliance with Density Bonus Law. Pursuant to Government Code Section 65915(d)(1), the City must grant the requested incentive unless it makes a written finding, based upon substantial evidence, that the incentive would not result in identifiable and actual cost reductions, would have a specific adverse impact upon public health or safety or upon a property listed in the California Register of Historical Resources, or would be contrary to State or Federal law. No basis for such a finding has been identified.

M. That the requests for waivers of development standards relating to private open space, building setbacks, patio wall height, and an architectural feature encroachment are appropriate, consistent with, and in compliance with Density Bonus Law, and are consistent with the intent of the established standards and the TLSP. Pursuant to Government Code Section 65915(e)(1), the City may not deny the requested waivers unless it finds that a waiver would have a specific, adverse impact upon public health or safety for which there is no feasible method to satisfactorily mitigate or avoid the impact, would have an adverse impact on a property listed in the California Register of Historical Resources, or would be contrary to State or Federal law. No such circumstances have been identified.

N. That the project will exceed the amount of required parking by proposing 278 parking spaces where 235 spaces are required by TCC Section 9263.

O. That a public hearing was duly called, noticed, and held on said applications on September 1, 2026, by the City Council.

P. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a supplement to the Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
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FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an addendum to the FEIS/EIR. On May 13, 2013, the City Council adopted Resolution No. 13-32 approving a second addendum to the FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second supplement to the FEIS/EIR. On December 17, 2024, the City Council adopted Resolution No. 24-76 approving a third supplement to the FEIS/EIR (the TLSP 2025 SEIR, State Clearinghouse No. 1994071005), which evaluated the environmental effects in conjunction with an amendment to the TLSP to implement the programs and policies of the City’s Sixth Cycle Housing Element Rezone Project, which increased residential capacity within TLSP Neighborhoods D (North and South) and G (Housing Element Sites 1A, 1B and 2).

The FEIS/EIR, along with its addenda and supplements, is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addenda, and supplements considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin.

Because the proposed project includes an institutional assisted living and memory care component in addition to residential uses, the project has been evaluated through an addendum tiering from the TLSP 2025 SEIR pursuant to CEQA Guidelines Sections 15164, 15162, and 15168.

An Addendum to the TLSP 2025 SEIR has been prepared for the proposed project and is supported by project-specific technical studies. Based upon the Addendum, the City Council finds that:

1. The proposed project is within the scope of the development previously analyzed in the TLSP 2025 SEIR;

2. No substantial changes are proposed in the project, and no substantial changes have occurred with respect to the circumstances under which the project is undertaken, that would require major revisions to the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the TLSP 2025 SEIR was certified, has become available;

4. None of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent or supplemental EIR have Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
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occurred, and only minor technical changes or additions are necessary, such that an Addendum is the appropriate document pursuant to CEQA Guidelines Section 15164; and

5. Pursuant to CEQA Guidelines Section 15164(c), the Addendum need not be circulated for public review, and pursuant to Section 15164(d), the Addendum has been considered together with the TLSP 2025 SEIR prior to making a decision on the project.

All mitigation measures from the MCAS Tustin FEIS/EIR, TLSP 2017 SEIR, and TLSP 2025 SEIR Mitigation Monitoring and Reporting Programs applicable to the project have been incorporated into the conditions of approval attached hereto as Exhibit B.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN:

Section 1. The above recitals are true and correct, are a substantive part of this Resolution, and are adopted as the findings of the City Council.

Section 2. The City Council, having reviewed and considered the Addendum to the Tustin Legacy Specific Plan 2025 Supplemental Environmental Impact Report together with the TLSP 2025 SEIR prior to acting on the project, hereby adopts the Addendum attached hereto as Exhibit A and incorporated herein by reference, and finds that none of the conditions described in CEQA Guidelines Section 15162 have occurred and that no subsequent or supplemental Environmental Impact Report is required.

Section 3. The mitigation measures adopted in connection with the MCAS Tustin FEIS/EIR, the TLSP 2017 SEIR, and the TLSP 2025 SEIR that are applicable to the project, as identified in the Addendum, are hereby imposed upon the project and are set forth in the Mitigation Measures sub-table of the Conditions of Approval attached hereto as Exhibit B. The Community Development Department is designated as the custodian responsible for monitoring and reporting compliance pursuant to Public Resources Code Section 21081.6.

Section 4. Subject to Section 5 below, the City Council hereby approves SUB 2025-0003/Tentative Parcel Map 2025-151, Conditional Use Permit 2025-0012, Design Review 2025-0008, and the Density Bonus request, together with the requested incentive and the requested waivers of development standards relating to private open space, building setbacks, patio wall height, and architectural feature encroachment, subject to the Conditions of Approval attached hereto as Exhibit B and as shown on Tentative Parcel Map 2025-151 attached hereto as Exhibit C.

Section 5. The approvals granted by Section 4 shall become effective on the effective date of Ordinance No. 1580 approving Development Agreement 2025-0001.

Section 6. The City Manager, or designee, is hereby authorized and directed to Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
Resolution 26-43

Page 10 of 11 ends

execute, and to cause to be recorded, any documents necessary to secure the affordability of the twenty-six (26) Lower Income units required by Development Agreement 2025-0001 and the Disposition and Development Agreement, each in a form approved by the City Attorney.

Section 7. The documents and other materials that constitute the record of proceedings upon which this Resolution is based are located at the City of Tustin Community Development Department, 300 Centennial Way, Tustin, California 92780.

The custodian of these records is the Community Development Director. Staff is hereby directed to file a Notice of Determination with the Orange County Clerk-Recorder and the State Clearinghouse within five (5) working days of the date of this approval.

Section 8. This Resolution shall take effect immediately upon its adoption, subject to Section 5. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 1st day of September 2026.
______________________

AUSTIN LUMBARD,
Mayor
ATTEST:
_______________________
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
_____________________________
DAVID E. KENDIG,
City Attorney
Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 __________________
Resolution 26-43

Page 11 of 11 ends

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 five; that the above and foregoing Resolution No. 26-43 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of September 2026, by the following vote:

COUNCILMEMBER AYES:

COUNCILMEMBER NOES:

COUNCILMEMBER ABSTAINED:

COUNCILMEMBER ABSENT:

COUNCILMEMBER RECUSED:
____________________________
ERICA N. YASUDA,
City Clerk
Attachments:

Exhibit A: Addendum to the Tustin Legacy Specific Plan 2025 Supplemental Environmental Impact Report
Exhibit B: Conditions of Approval
Exhibit C: Tentative Parcel Map 2025-151
Docusign Envelope ID: 8054E822-EEFF-823E-80E3-B5A68CC840F6 Clearwater Living
at Tustin Legacy Project
Addendum to the Tustin Legacy Specific Plan Supplemental EIR Lead Agency:

City of Tustin
Planning Department
300 Centennial Way
Tustin, CA 92680
Project Applicant:

Confluent Development
2215 Market St.

Denver, CO 80205
CEQA Consultant:
3333 Michelson Drive, Suite 500
Irvine, California 92612
August 2026
ATTACHMENT 1A
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Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin i
Table of Contents

1. INTRODUCTION............................................................................................................................. 1

1.1. PURPOSE AND SCOPE................................................................................................................................ 1

1.2. ENVIRONMENTAL PROCEDURES.............................................................................................................. 1

1.3. PREVIOUS ENVIRONMENTAL DOCUMENTATION................................................................................ 3

2. ENVIRONMENTAL SETTING........................................................................................................... 7

2.1. PROJECT LOCATION................................................................................................................................... 7

2.2. EXISTING PROJECT SITE ............................................................................................................................. 7

2.3. EXISTING LAND USES AND ZONING DESIGNATION OF THE PROJECT SITE ................................ 7

2.4. SURROUNDING GENERAL PLAN AND ZONING DESIGNATIONS.................................................... 7

3. PROJECT DESCRIPTION ...............................................................................................................23

3.1. PREVIOUS CEQA ASSUMPTIONS FOR PROJECT SITE...................................................................... 23

3.2. PROPOSED PROJECT............................................................................................................................... 23

4. ENVIRONMENTAL CHECKLIST .....................................................................................................40

4.1. BACKGROUND.......................................................................................................................................... 40

4.2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED..................................................................... 42

4.3. ENVIRONMENTAL FACTORS THAT DO NOT REQUIRE FURTHER ANALYSIS................................ 42

4.4. DETERMINATION....................................................................................................................................... 44

4.5. EVALUATION OF ENVIRONMENTAL IMPACTS................................................................................... 47

5. ENVIRONMENTAL ANALYSIS ......................................................................................................49

5.1. AESTHETICS................................................................................................................................................ 49

5.2. AIR QUALITY .............................................................................................................................................. 54

5.3. BIOLOGICAL RESOURCES....................................................................................................................... 63

5.4. ENERGY....................................................................................................................................................... 70

5.5. GREENHOUSE GAS EMISSIONS............................................................................................................ 74

5.6. LAND USE AND PLANNING.................................................................................................................... 79

5.7. NOISE .......................................................................................................................................................... 88

5.8. POPULATION AND HOUSING............................................................................................................... 94

5.9. PUBLIC SERVICES ...................................................................................................................................... 98

5.10. TRANSPORTATION ................................................................................................................................. 107

5.11. UTILITIES AND SERVICE SYSTEMS........................................................................................................114

6. DOCUMENT PREPARERS AND CONTRIBUTORS ........................................................................120

7. REFERENCES ..............................................................................................................................121 Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin ii
Tables
TABLE 2-1: SURROUNDING EXISTING LAND USE AND ZONING DESIGNATIONS................................................................... 7 TABLE 3-1: NEIGHBORHOOD D LAND USE SUMMARY ....................................................................................................... 23 TABLE 3-2: ACTIVE ADULT UNIT BREAKDOWN (BUILDING 1)............................................................................................. 24 TABLE 3-3: ASSISTED LIVING/MEMORY CARE UNIT BREAKDOWN (BUILDING 2) .............................................................. 24 TABLE 3-4: PARKING BREAKDOWN .................................................................................................................................... 25 TABLE 3-5: BUILDING 1 (ACTIVE ADULT) PARKING SUMMARY ........................................................................................... 25 TABLE 3-6: BUILDING 2 (ASSISTED LIVING) PARKING SUMMARY ....................................................................................... 25 TABLE A-1: LOCALIZED CONSTRUCTION EMISSION ESTIMATES........................................................................................... 59 TABLE E-1: ESTIMATED CONSTRUCTION ENERGY USAGE.................................................................................................... 71 TABLE E-2: ESTIMATED OPERATIONAL ENERGY USAGE AT BUILDOUT ................................................................................. 72 TABLE LU-1: PROJECT CONSISTENCY WITH TLSP POLICIES................................................................................................ 84 TABLE N-1: GENERAL PLAN NOISE ELEMENT STANDARDS .................................................................................................. 89 TABLE N-2: CITY OF TUSTIN EXTERIOR NOISE STANDARDS................................................................................................. 90 TABLE N-3: CITY OF TUSTIN INTERIOR NOISE STANDARDS ................................................................................................. 90 TABLE N-4: EXISTING NOISE LEVEL MEASUREMENTS........................................................................................................... 91 TABLE T-1: PROPOSED PROJECT TRIP GENERATION..........................................................................................................109 TABLE T-2: PROPOSED PROJECT VMT ANALYSIS .............................................................................................................110 TABLE UT-1: IRWD SUPPLY AND DEMAND WITH TLSP 2025 SEIR PROJECT BUILDOUT DURING NORMAL, DRY, AND MULTIPLE DRY YEAR SCENARIOS (AF).....................................................................................................................117 Figures
FIGURE 2-1: REGIONAL LOCATION........................................................................................................................................ 9 FIGURE 2-2: LOCAL VICINITY.............................................................................................................................................. 11 FIGURE 2-3: AERIAL............................................................................................................................................................. 13 FIGURE 2-4A: SITE PHOTOS................................................................................................................................................ 15 FIGURE 2-4B: SITE PHOTOS ................................................................................................................................................ 17 FIGURE 2-5: GENERAL PLAN............................................................................................................................................... 19 FIGURE 2-6: ZONING DESIGNATIONS................................................................................................................................ 21 FIGURE 3-2: SITE PLAN ....................................................................................................................................................... 29 FIGURE 3-3: ACTIVE ADULT BUILDING ELEVATIONS (BUILDING 1) ..................................................................................... 31 FIGURE 3-4: MEMORY CARE/ ASSISTED LIVING BUILDING ELEVATIONS (BUILDING 2)...................................................... 33 FIGURE 3-5: WALL AND FENCE .......................................................................................................................................... 35 FIGURE 3-6: LANDSCAPE PLAN........................................................................................................................................... 37 Appendix

APPENDIX A CONSTRUCTION EMISSIONS ANALYSIS

APPENDIX B ACOUSTICAL ANALYSIS

APPENDIX C VMT SCREENING

APPENDIX D VMT ANALYSIS
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 1

1. INTRODUCTION

1.1. PURPOSE AND SCOPE
This document is an Addendum to the Tustin Legacy Specific Plan (TLSP) 2025 Supplemental Environmental Impact Report (TLSP 2025 SEIR), State Clearinghouse (SCH) #1994071005, certified by the City of Tustin (City) in 2025. The TLSP 2025 SEIR, in conjunction with this Addendum, serve as the environmental review for the proposed Clearwater Living at Tustin Legacy Project (Project, proposed Project).

The Project site is within Neighborhood D South within the TLSP, which is inclusive of Planning Area (PA) 13 and PA 14, and is designated as Mixed-Use Urban. Neighborhood D accommodates residential, institutional uses (including congregate care and assisted living), office uses, and commercial uses. The Project proposes the development of 275 senior care and senior residential units which would include 172 active adult housing units and 103 assisted living/memory care units. Of the 172 active adult units, 26 units would be low-income affordable units, which qualify the Project for a density bonus under the State of California Density Bonus Law (CA Gov Code Section 65915) and Section 9122 of the Tustin City Code. The Project would also include landscaping, parking, recreation amenities, and utility and stormwater improvements. As such, the proposed Project is consistent with the existing designation within the TLSP.

1.2. ENVIRONMENTAL PROCEDURES
Pursuant to the California Environmental Quality Act (CEQA) and these CEQA Guidelines, the City’s review of the Checklist and Addendum will determine if approval of the requested discretionary actions and subsequent development of the Project could cause a change in the conclusions of the certified TLSP 2025 SEIR. This environmental Checklist and Addendum provide the City with information to document potential impacts of the proposed Project.

Pursuant to Section 21166 of the Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified or a negative declaration adopted for a project, no Subsequent EIR shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence, that one or more of the following conditions are met:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
b. Significant effects previously examined will be substantially more severe than identified in the previous EIR.
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 2
d. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.

Section 15164 of the CEQA Guidelines states that an Addendum to an EIR shall be prepared “if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a Subsequent EIR have occurred.” Public Resources Code sections 21083 and 21003 and CEQA Guidelines section 15168 (Section 15168) encourage the preparation of programmatic EIRs for a series of actions that can be characterized as one large project and are related either geographically, as logical parts in the chain of contemplated actions, in connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. (CEQA Guidelines § 15168(a).) Use of a program EIR can provide the following advantages: provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis, avoid duplicative reconsideration of basic policy considerations, allow the lead agency to consider broad policy alternative and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts, and reduce paperwork. (CEQA Guidelines § 15168(b).) Section 15168 also encourages lead agencies to tier from certified program EIRs when carrying out individual activities within the program. A lead agency must examine later activities in the program in the light of the program EIR to determine whether an additional environmental document must be prepared, which typically is done using a modified initial study checklist. If the lead agency finds that pursuant to CEQA Guidelines section 15162 (Section 15162) that no subsequent EIR would be required for the later activity, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document is required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record.

In reviewing this Addendum, the question before the City decisionmakers is not whether the TLSP 2025 SEIR complies with CEQA, but only whether one of the events triggering the need for subsequent environmental review has occurred. (A Local & Regional Monitor v. City of Los Angeles (1993) 12 Cal.App.4th 1773; Committee for Green Foothills v. Santa Clara County Board of Supervisors (2010) 48 Cal.4th 32).

This Addendum, and the technical studies prepared in support of the analysis, reviews the proposed Project and any changes to the existing conditions that have occurred since the TLSP 2025 SEIR was certified. It also reviews any new information of substantial importance that was not known and could not have been known with exercise of reasonable diligence at the time that the TLSP 2025 SEIR was certified. It further examines whether, as a result of any changes or any new information, a Subsequent EIR may be required. This examination includes an analysis of the provisions of Section 21166 of the Public Resources Code and Section 15162 of the CEQA Guidelines and their applicability to the proposed Project. This Addendum relies on use of the environmental analysis provided herein, which addresses environmental issues on a section-by-section basis and provides a comparison to the findings contained within the TLSP 2025 SEIR.

On the basis of the findings of the certified TLSP 2025 SEIR and the provisions of the CEQA Guidelines, the City as the Lead Agency determined that, as documented in this Addendum to the previously certified TLSP 2025 SEIR, no supplemental or Subsequent EIR is required to review the proposed Project.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 3

1.3. PREVIOUS ENVIRONMENTAL DOCUMENTATION
As directed by CEQA, this Addendum relies on the environmental analysis in the TLSP 2025 SEIR. A summary of the planning and previous environmental documents and how they relate to the proposed Project is provided below.

Specific Plan
The Marine Corps Air Station (MCAS) Tustin Specific Plan was adopted by ordinance on February 3, 2003, and established the zoning for the 1,606-acre TLSP area. It also established the necessary plans, development standards, regulations, infrastructure requirements, design guidelines, and implementation programs on which subsequent, project-related development is founded. It intended that local public works projects, design review plans, detailed site plans, grading and building permits, or any other action requiring ministerial or discretionary approval applicable to the project area be consistent with the Specific Plan. The Specific Plan was amended six times between 2010 and 2014 in response to changing market conditions.

In 2011, the City developed a “Disposition Strategy” as a recommended framework for future disposition and development of properties in the Specific Plan, which was subsequently updated in February 2023 and re-titled as the “Tustin Legacy Development and Disposition Manual.” The last comprehensive CEQA documentation prepared for the TLSP area in whole was the TLSP 2017 SEIR associated with an amendment to the MCAS Tustin Specific Plan, which renamed the “MCAS Tustin Specific Plan” to “Tustin Legacy Specific Plan” and modified the numbering and land uses in the TLSP Planning Areas (PAs). The TLSP 2025 SEIR analyzed increases to the allowed residential capacity for Neighborhood D South, D North, and G (PAs 8,13-14 and 15) in compliance with the City’s certified 2021-2029 Housing Element Update. Several environmental addenda and tiering documents have been prepared for projects within the TLSP. A summary of pertinent environmental documentation for the TLSP is described below. 2001 Final Environmental Impact Statement/Environmental Impact Report A final joint program environmental impact statement/final environmental impact report (“2001 FEIS/EIR”; SCH #94071005) was prepared for the disposal and reuse of the MCAS Tustin and certified by the Tustin City Council on January 16, 2001 (Resolution 00-90). On March 2, 2001, a Record of Decision was issued by the US Navy approving the 2001 FEIS/EIR and Reuse Plan. The 2001 FEIS/EIR analyzed the consequences of the Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the MCAS Tustin Specific Plan/Reuse Plan (Adopted Specific Plan or Adopted Project) in accordance with CEQA and the National Environmental Policy Act (NEPA). The 2001 FEIS/EIR covered the entire 1,606 acres of the TLSP area in both Tustin and Irvine. The 2001 FEIS/EIR included implementation actions that the cities were required to fulfill under the MCAS Tustin Specific Plan/Reuse Plan, including the adoption of the MCAS Tustin Specific Plan/Reuse Plan and MCAS Tustin Redevelopment Plan by the City of Tustin. The preferred Reuse Plan analyzed in the 2001 FEIS/EIR allowed up to 11.4 million square feet (SF) of non-residential land uses and 4,601 residential units in the cities of Tustin and Irvine. Pursuant to the implementation actions, the Tustin City Council adopted the MCAS Tustin Specific Plan/Reuse Plan on February 3, 2003 (Ordinance No. 1257).

Since certification of the 2001 FEIS/EIR, the City has prepared two supplement and two addenda to the 2001 FEIS/EIR and has certified or adopted multiple CEQA documents for amendments to the MCAS Tustin Specific Plan and development projects in the Tustin Legacy area. The purpose and application of the supplement and addenda are summarized below. The original 2001 FEIS/EIR, the supplement, and the addenda are collectively referred to herein as the “2001 FEIS/EIR.” Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 4
2004 Supplemental EIR
The “Supplemental EIR to the Final EIS/EIR for the Disposal and Reuse of Marine Corps Air Station, Tustin, California: Extension of Tustin Ranch Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road” (“2004 SEIR”; SCH #1994071005) was certified on December 6, 2004. It analyzed the impacts of a one-mile extension of Tustin Ranch Road from Walnut Avenue (north) to the future alignment of Valencia North Loop Road (south). The segment included an overpass spanning the Orange County Flood Control District right-of-way, the Orange County Transportation Authority/Southern California Regional Rail Authority railroad right-of-way, and Edinger Avenue.

The 2004 SEIR determined that there were no substantial changes in the existing conditions or new significant environmental impacts associated with aesthetics, agricultural resources, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, public services/utilities, and recreation. The 2004 SEIR focused on three environmental topics: transportation/traffic, air quality, and noise. Mitigation measures were adopted for all three topic areas. The significant unavoidable adverse impacts remained with respect to air quality (construction-related and long-term emissions) and traffic (intersections of Tustin Ranch Road/Walnut Avenue and Jamboree Road/Barranca Parkway), and the 2004 SEIR relied on the statement of overriding considerations adopted with certification of the 2001 FEIS/EIR. 2006 Addendum
On April 3, 2006, the City certified the “MCAS Tustin Zone Change (Specific Plan Amendment) 05-002, Master Developer Disposition and Development Agreement, and Development Plan Addendum to the Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of the MCAS Tustin” (“2006 Addendum”). The Specific Plan Amendment reduced permitted non-residential development in the project area by about one million SF to approximately 10.4 million SF of non-residential uses but retained the same number of residential units (4,601). The zone change adjusted the PA boundaries and redistributed or eliminated planned land uses but did not increase the overall development potential or residential capacity allowed under the Specific Plan. The Disposition and Development agreement was made to facilitate the sale, leasing, and development of Tustin Legacy. 2013 Addendum
An addendum to the 2001 FEIS/EIR was prepared to process General Plan Amendment 2013-001, Specific Plan Amendment 2013-001, Development Agreement 2013-002, and an Agreement for Exchange of Real Property between the City and South Orange County Community College District on 22 acres. The land transfer was in the western part of the TLSP area near the intersection of Red Hill Avenue and Valencia Avenue. The project added a new local street, Bell Avenue (now named Victory Road between Red Hill Avenue and Armstrong Avenue), to service adjacent uses; added an allowable land use (private for-profit noneducational uses); and increased allowable building square footages in the education village (Neighborhood A).
2017 Supplemental SEIR
The TLSP 2017 SEIR was prepared to process the TLSP Amendment (2015-001) and General Plan Amendment (2015-002). The TLSP Amendment was prepared to facilitate development of the remaining undeveloped TLSP area in the City of Tustin. These remaining parcels would be sold, leased, or developed by the City. Eventually these parcels would be developed by a number of landowners within the framework established by the TLSP. Additionally, the TLSP Amendment included changes in land uses for the remaining PAs 8 through 19, which resulted in 2,212 more residential units and 1,755,306 fewer SF of non-residential Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 5
land use within the TLSP. The TLSP Amendment was approved by the City of Tustin on July 18, 2017, and provides the fundamental basis for the City’s current land use and development policies for the TLSP area. 2019 Brookfield Development (The Landing)
In 2019, Resolution No. 19-54 was signed, approving a Tentative Tract Map (TTM) and design review of a multifamily project including 400 condominium units within PAs 8, 13, and 14 of Neighborhood D. The project included 117 single-family detached units, 129 townhomes, 154 flats and townhomes, a community facility, and other neighborhood amenities over approximately 107 gross acres. The project was determined to be consistent with the previously approved 2001 FEIS/EIR and subsequent CEQA documentation prepared for the project area.
2025 Tustin Legacy Specific Plan Amendment Supplemental EIR The TLSP 2025 SEIR was prepared to process the TLSP 2025 Specific Plan Amendment (SPA) (SPA2024- 0002) to increase the allowed residential capacity in Neighborhood D South, D North, and G (PAs 8,13-14, and 15) in consistency with the City’s 2021-2029 Housing Element Update. The rezone added a total of 2,211 additional residential units to the capacity of the TLSP, which included 855 residential units to meet Regional Housing Needs Allocation (RHNA) requirements plus 1,356 buffer units. The provision for State Density Bonus is applicable to the TLSP area; therefore, an additional 2,759 units were conservatively included in the TLSP 2025 SEIR analysis to anticipate the potential application of density bonuses in future residential development projects. Thus, a total of 4,970 additional units were analyzed in the TLSP 2025 SEIR.

The TLSP 2025 SEIR analyzed whether potential construction and operation of the 4,970 theoretical units would result in environmental effects that were not examined in the previously approved 2001 FEIS/EIR and subsequent environmental documents, including the TLSP 2017 SEIR. Importantly, as discussed above, the TLSP Housing Element rezone project proposed units in limited neighborhoods of the TLSP – Neighborhood D North, Neighborhood D South, and Neighborhood G.

The Project site is located within Neighborhood D South of the TLSP 2025 SEIR. Neighborhood D South is inclusive of both PAs 13 and PA 14 which allow for a maximum buildout of 606,000 SF of non-residential uses and a maximum buildout of 2,427 residential units (including density bonus units).

Subsequent Environmental Review
The 2001 FEIS/EIR was prepared as a Program EIR and served as the primary environmental document for future development consistent with the MCAS Tustin Specific Plan. The 2001 FEIS/EIR evaluated a multiyear development program associated with the planned urban reuse of the former MCAS Tustin site. As individual development projects were proposed within the TLSP area, the City reviewed each project to determine whether its environmental effects were fully analyzed within the scope of the 2001 FEIS/EIR. Projects found to be within the scope of the 2001 FEIS/EIR could be approved without additional environmental documentation, while projects that fell outside that scope were subject to further CEQA review, as appropriate.

While the 2001 FEIS/EIR is the original environmental document for the TLSP area, subsequent environmental documents have been prepared for the TLSP area due to changing conditions and necessary updates. The most recent document that captures the proposed Project site is the TLSP 2025 SEIR. Consistent with this tiered CEQA framework, this Addendum incorporates by reference the TLSP 2025 Supplemental EIR and other relevant technical documents that relate to the proposed Project or provide additional information regarding the environmental setting. The analysis contained in this Addendum is based on the following technical studies and planning documents:
• The Tustin Legacy Specific Plan (https://www.tustinca.org/400/Specific-Plans) • TLSP 2025 Supplemental EIR
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 6
• Tustin City Code (https://library.municode.com/ca/tustin) • The Tustin Legacy Specific Plan Mitigation Monitoring and Reporting Program • Technical studies, and web information as listed in Section 7, References In addition, all documents are available for review at the City of Tustin Planning Department, located at 300 Centennial Way, Tustin, CA 92780.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 7

2. ENVIRONMENTAL SETTING

2.1. PROJECT LOCATION
The Project site is situated in the southern portion of the City of Tustin, within Orange County. Regional access to the site is provided via Interstate 5 (I-5), I-405, and State Route 261 (SR 261). Local access to the Project site is provided via Armstrong Avenue.

The Project site encompasses approximately 6.14 gross acres and is identified by Assessor’s Parcel Number (APN) 430-481-12. The Project site and the surrounding area are shown in Figure 2-1, Regional Location and Figure 2-2, Local Vicinity.

2.2. EXISTING PROJECT SITE
The Project site is currently vacant and undeveloped and has been disced. The site contains sparse vegetation consisting of low grasses and weeds. There is an existing chain link fence along the eastern and western boundaries of the site and a block wall along the northern boundary. The entire site is fenced off with a chain link fence. Existing conditions of the Project site and adjacent uses are shown in Figure 2-3, Aerial View and Figures 2-4a and 2-4b, Site Photos.

2.3. EXISTING LAND USES AND ZONING DESIGNATION OF THE PROJECT SITE The Project site has a General Plan land use and zoning designation of TLSP, as shown in Figure 2-5, Existing General Plan Designation and Figure 2-6, Zoning Designation. The TLSP is divided into eight distinct “Neighborhoods” (Neighborhoods A-H). The TLSP neighborhoods each have their own characteristics and set of functions to perform within the TLSP area. A neighborhood may be comprised of more than one land use designation. Further, the Neighborhoods are divided into PAs. The original MCAS Tustin Specific Plan contained 22 PAs, however, to better achieve the land use objectives of the 2017 amended TLSP, some of the PAs were combined (now 13 areas). The Land Use Plan for TLSP therefore consists of 13 PAs and a number of sub-planning areas. Neighborhood D includes PAs 8, 13 and 14, which are designated as recreation/entertainment core and mixed-use urban. The Project site is within Neighborhood D “South” which is specifically designated as Mixed-Use Urban. Neighborhood D South accommodates residential uses, institutional uses (including congregate care and assisted living), office uses, and commercial uses.

2.4. SURROUNDING GENERAL PLAN AND ZONING DESIGNATIONS
The surrounding land uses are described in Table 2-1, Surrounding Existing Land Use and Zoning Designations, along with their General Plan land use and zoning designations.

Table 2-1: Surrounding Existing Land Use and Zoning Designations Existing Land Use General Plan
Designation Zoning Designation TLSP Land Use
Designation
North Warner Avenue to the north
followed by undeveloped land
TLSP- Tustin Legacy
Specific Plan Tustin Legacy (SP-1) Mixed-Use Urban
South
John Johnson Way followed
by vacant land and
condominiums
TLSP- Tustin Legacy
Specific Plan Tustin Legacy (SP-1) Mixed-Use Urban
West Armstrong Avenue followed by
vacant land
TLSP- Tustin Legacy
Specific Plan
Tustin Legacy (SP-1) Commercial/Business
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 8
Existing Land Use General Plan
Designation Zoning Designation TLSP Land Use
Designation
East Vacant land TLSP- Tustin Legacy
Specific Plan Tustin Legacy (SP-1) Mixed-Use Urban
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Figure 2-1: Regional Location
ORANGE

SANTA ANA

ANAHEIM
TUSTIN

GARDEN GROVE

NEWPORT BEACH

COSTA MESA

UNINCORPORATED

LAGUNA WOODS
LAGUNA
HILLS

FOUNTAIN
VALLEY
IRVINE
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community
0 1 2
Miles
±
Clearwater Living Project
5 405
SR-55
SR-22
SR-261
SR-73

PROJECT
SITE
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 10
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Figure 2-2: Local Vicinity
Ritchey St
Sycamore Ave
E Edinger Ave Red Hill Ave
Century High
School
Cedar
Evergreen
Warner Ave
E Warner Ave
Tustin Ranch Rd
Pull
m
an
St
S Standard Ave
McGaw Ave
Montgomery St
Valencia Ave
Daimler St
Aston
E Saint Andrew Pl
Tra
E
nsport
Deere Ave
Compass Ave
Bell Ave
Ritche y St
Charleston St
E Dyer Rd
Alton Pkwy
Edinger Ave
S Grand Ave
MacArthur Blvd
Red Hill Ave
Jamboree Rd S
Jamboree Rd
The District at
Tustin Legacy
Creekside High
School
McGaw Ave
Murphy Ave
MacArthur Blvd
Jamboree Rd
West Park
Irvine
El C amino R
Browning Ave
Mitchell Ave
Tustin Ranch Rd
Warner Ave
Harvard Ave
Downs Rd
Paseo Westpark
Franklin Ave
Raintree
Rd
Alder Ln
Edinger Ave
Jamboree Rd S
Barranca Pkwy
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community
0 0.25 0.5
Miles
±
Legend
Project Site
Clearwater Living Project
Warner Ave
Dyer Rd
Red Hill Ave
SR-55
Jamboree Rd
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 12
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Wa
Figure 2-3: Aerial
rner Ave
Warner Ave
Warner Ave
Armstrong Ave
Armstrong Ave
Helber Way
Armstrong Ave
Veterans Way
Legacy Rd
Leg
acy
Rd
Flight Way
Compass Ave
Airship Ave
Peebler Way
Legacy
Rd
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Maxar
0 500 1,000
Feet
±
Legend
Project Site
Clearwater Living Project
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 14
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Clearwater Living Project Figure 2-4a: Site Photos
Photo 1: View of Project Site from northeast corner facing southwest.

Photo 2: View of Project Site from northwest corner facing southeast.

E I p I D SOLUTIDNS, INC
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 16
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Clearwater Living Project Figure 2-4b: Site Photos
Photo 3: View of Project Site from southwest corner facing northeast.

E I p I D SOLUTIDNS, INC
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 18
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Figure 2-5: General Plan Designation
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Sources: Esri, Maxar, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community
0 1,000 2,000
Legend Feet
±
Project Site
General Plan Land Use Designation
Planned Community Residential
Industrial
Planned Community Commercial / Business
Tustin Legacy Specific Plan
Clearwater Living Project
Red Hill Ave
Barranca Pkwy
Warner Ave
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 20
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Figure 2-6: Zoning Designations
Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Sources: Esri, Maxar, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community
0 1,000 2,000
US Feet ± Legend
Project Site
Zone
Planned Community Residential
Industrial
Planned Community Industrial
Planned Community Industrial - Specific Plan 3
Planned Community Industrial/Business Park
Tustin Legacy Specific Plan
Clearwater Living Project
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 22
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Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 23

3. PROJECT DESCRIPTION

3.1. PREVIOUS CEQA ASSUMPTIONS FOR PROJECT SITE
As previously described, the Project site is located within Neighborhood D South. This area is partially developed with scattered residential developments. The TLSP 2025 SEIR identified PAs 13 and 14 as having a total developable area of 124 acres and a max buildout 606,000 SF of non-residential development and a max buildout of 1,772 residential Dwelling Units (DUs) with 655 density bonus units. Table 3-1 includes square footages and unit counts for what has been previously approved or built, the existing remaining buildout, and the Project’s proposed assumptions for Neighborhood D South.

Table 3-1: Neighborhood D Land Use Summary
PA Land
Use
Acres Max Development Built/ Approved Remaining Proposed Project Residential
units
NonResidential
(SF)
Residential
units
NonResidential
(SF)
Residential
units
NonResidential
(SF)
Residential
units
NonResidential
(SF)
13-14
(D
South)
Mixed
-Use
Urban
124 2,4271 606,000 2,112 - 315 606,000 172 142,566 SF2
1-Inclusive of 655 density bonus units planned for in Neighborhood D South by the TLSP SEIR. 2-Neighborhood D South accommodates residential uses, institutional uses (including congregate care and assisted living), office uses, and commercial uses. The proposed assisted living units by the Project fall under institutional uses (congregate care), and therefore have been accounted for under the non-residential buildout.

3.2. PROPOSED PROJECT
Project Overview
The proposed Project would subdivide the existing 6.14-acre parcel into two parcels. Each parcel would contain one building, comprised of three habitable structures separated by two-hour-rated firewalls.

Additionally, each building will be constructed, either completely or partially, above a first-floor parking structure, resulting in the total development of two buildings comprised of 8 firewall separated structures.

The buildings would provide a total of 275 units—172 active adult senior residential units and 103 assisted living/memory care units (75 assisted living and 28 memory care units), as shown in Figure 3-2, Conceptual Site Plan. Of the 172 active adult senior residential units, 26 units would be low-income affordable units, which qualify the Project for a density bonus under the State of California Density Bonus Law (CA Gov Code Section 65915) and Section 9122 of the Tustin City Code. Additionally, the proposed Project would include landscaping, a parking garage, recreation amenities, and utility and stormwater improvements. The proposed Project requires approval of a Tentative Parcel Map (TPM 2025-151), a Conditional Use Permit (CUP), Affordable Housing Plan/Density Bonus Application, and Design Review from the City of Tustin.

Project Features
Active Adult Residential (Building 1)
The active adult units provided on the Project site would be within three five-story buildings. The buildings would have a maximum height of 71 feet, consistent with the 150-foot maximum specified by the TLSP design standards for PAs 13, and 14. The residential facilities would contain a combination of housing products, including one- and two- bedroom units for lease as shown below in Table 3-2, Active Adult Unit Breakdown.

As described previously, 26 units would be low-income affordable units. The active adult units would result in a total building footprint of 79,819 SF and a gross floor area of 293,360 SF.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 24
Table 3-2: Active Adult Unit Breakdown (Building 1)
Unit Type Number of Units Unit Square Feet (SF)
1BR/ 1BA 64 49,376 SF
1BR/ 1BA XL 28 28,900 SF
2BR/ 2BA 32 35,376 SF
2BR/ 2BA XL 36 46,534 SF
SM 1BR/ 1BA 12 7,908 SF
Total 172 168,094 SF
Notes: BR: Bedroom, BA: Bathroom
Assisted Living/Memory Care (Building 2)
The assisted living/memory care units provided on the Project site would be within three two-story buildings.

The buildings would have a maximum height of 35.6 feet, consistent with the 150-foot maximum specified by the TLSP PAs 13, and 14, and would contain a total of 103 studio, one-, and two- bedroom units for lease as shown below in Table 3-3, Assisted Living/Memory Care Unit Breakdown. Of the 103 total units, 75 would be designated for assisted living, while the remaining 28 units would be designated for memory care.

This would result in a total building footprint of 75,921 SF and a gross floor area of 142,566 SF.

Table 3-3: Assisted Living/Memory Care Unit Breakdown (Building 2) Unit Type Number of Units Unit Square Feet (SF)
1BR/ 1BA 33 23,776 SF
2BR/ 2BA 21 22,832 SF
2BR/ 2BA XL 9 10,938 SF
MC Studio 28 9,954 SF
SM 1 Bed/1 Bath 12 7,453 SF
Total 103 74,954 SF
Notes: BR: Bedroom, BA: Bathroom
Architectural Design
The proposed buildings would feature a modern-contemporary architectural style and would comply with Section 3.19, Urban Design Guidelines, of the TLSP. The buildings would incorporate a combination of grey plaster, brown siding, and PVC roofing. Architectural accents would include limestone tile, picket railings, exposed concrete, and metal trim. The proposed design is illustrated on Figure 3-3, Active Adult Building Elevations and Figure 3-4, Memory Care/Assisted Living Building Elevations.

Affordable Housing Component (Applicable to Active Adult Residential) As described previously, 26 of the 172 proposed active adult senior residential units would be reserved as low-income affordable units, which would qualify the Project for a density bonus under the State of California Density Bonus Law (CA Gov Code Section 65915) and Section 9122 of the Tustin City Code. Pursuant to Government Code Section 65915, the proposed Project would qualify for two concessions/incentives in addition to development standard waivers. The Project has requested one incentive which consists of a specific unit mix provision that would reserve exactly 23 of the 1-bedroom units as low-income and exactly 3 of the 2-bedroom units as low-income. Further, the Project has requested the following development standard waivers: a waiver for a reduction in the required private open space for active adult senior Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 25
residential units; a waiver to reduce building setbacks along Armstrong Avenue and Warner Avenue; a waiver to increase the patio wall height adjacent to Warner Avenue; and waiver to allow the architectural feature to reduce encroachment allowance to the lot line.

Access and Parking
Regional access would be provided to the Project site via State Route 55 (SR-55), SR-261/Jamboree Road, and I-5. Local access would be provided via Armstrong Avenue, Warner Avenue, John Johnson Way, and Veterans Way. The Active Adult building (Building 1) would be accessible from two access points: a 27-footwide driveway on Veterans Way and a 27-foot-wide driveway on John Johnson Way. The Assisted Living building (Building 2) would also be accessible from the 27-foot-wide driveway on John Johnson Way.

Resident parking would be provided via parking garages and guest parking on two surface lots within the site. Building 1 and Building 2 would each contain their own respective parking garages. Per Article 9, Part 6 Section 9263 of the TCC, Building 1 would be required to provide one space per unit and one guest space per 10 units. Building 2 would be required to provide one space for every three beds. Parking for residents would be provided at a ratio of 1.22 spaces per unit for Building 1 and .65 spaces per unit for Building 2, which would exceed the minimum parking required as shown below in Table 3-4, Parking Breakdown.

Table 3-4: Parking Breakdown
Site Parking Required Parking Provided
Building 1 (Active Adult) 190 spaces1 211 spaces
Building 2 (Assisted Living) 45 spaces2 67 spaces
1Per TCC Article 9, Part 6 Sec. 9263, 1 space per unit and 1 guest space per 10 units 2Per TCC Article 9, Part 6 Sec. 9263, 1 space per 3 beds Five percent of total parking spaces would be handicap accessible per 2025 California Building Code (CBC) Sec. 1109 A.5. There would also be one van accessible space for every eight accessible spaces Per 2025 CBC Sec. 1109A.8.6. Additionally, the proposed Project would be required to comply with the 2025 CBC standard for EV parking. The proposed parking summary for each building is detailed below in Table 3-5, Building 1 Parking Summary and Table 3-6, Building 2 Parking Summary.

Table 3-5: Building 1 (Active Adult) Parking Summary
Type
Count
Parking Garage Surface Parking
Accessible 8 spaces1 1
EV Charger 19 spaces 4
EV Ready 76 spaces 10
Standard 52 spaces 6
Tandem Standard 15 spaces N/A
Van Accessible 3 spaces1 2
1Includes EV Charger space
Table 3-6: Building 2 (Assisted Living) Parking Summary Type
Count
Parking Garage Surface Parking
Bus N/A 1 space
Accessible 2 spaces N/A
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 26
Accessible EV Charger 1 space N/A
EV Charger 4 spaces 1 space
EV Ready 24 spaces 6 spaces
Standard 23 spaces 1 space
Van Accessible 1 space 1 space
Van Accessible EV Charger 1 space 1 space
In addition, an internal roundabout for the drop-off of residents, and guest parking, would be located at the center of the site and accessible from the 27-foot-wide driveway off John Johnson Way. The roundabout driveway would also provide access to Building 1 and Building 2 parking garages. The 27-foot-wide driveway along Veterans Avenue would provide a secondary access point to the Building 1 parking garage and outdoor guest parking.

Recreation and Open Space
Each building would provide its own outdoor courtyard and amenities, as described below. Shared recreational spaces accessible to both buildings include a full-service kitchen, community theater, café and market, and a salon.

Building One
The amenities provided for Building 1 residents (Active Adult) contain a “Great Room,” mail and business center, activity room, fitness studio, and a rooftop bar and lounge. Outdoor features, located on Floor Two, would include a 13,875 SF central courtyard with a pool and spa, as well as a 4,837 SF rooftop deck which contains pickleball courts and an outdoor kitchen adjacent to the bar and lounge area. Additionally, 165 of the 172 units would contain a private outdoor balcony with an average size of 117 SF.

Building Two
The amenities provided for Building 2 residents (Assisted Living) contain a “Great Room,” wellness center, fitness area, aqua lounge, dining room, and activity spaces. Purpose-built areas would also be proposed within the Memory Care wing including an activity room, dining area with display kitchen, and a communal living room. The proposed outdoor feature would consist of a 18,162 SF central courtyard on the first floor.

Landscaping and Fencing
The proposed Project would provide 29,455 SF of landscaped area, which would result in overall decrease of perviousness from 100 percent pervious to 10 percent pervious post-development. Landscaping would include grasses and drought tolerant trees and shrubs which would be installed along the Project site boundary, parking lots, and throughout the open space areas, as shown in Figure 3-6, Landscape Plan. A patio wall would be constructed along the northeast boundary of the Project site, between the proposed Assisted Living building and Warner Avenue. In addition, patio walls and guardrails would delineate and distinguish the private outdoor patio spaces from public areas, as shown in Figure 3-5, Wall and Fence Plan.

Lighting
The proposed Project would install new exterior lighting onsite for security to accent landscaping, and to light signage, walkways, and parking areas. The new lighting would be focused on the site, shielded from offsite areas, and be in compliance with lighting regulations in TCC Section 9271.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 27
Infrastructure Improvements
The proposed Project would construct onsite infrastructure including new internal private streets, curb, gutter, sidewalk; storm drain improvements; wet and dry utilities; and related infrastructure improvements.

Water and Sewer Improvements
The Project would construct 4-inch and 6-inch domestic water lines onsite that would connect to the existing 10-inch PVC water lines within John Johnson Way and Veterans Way. The Project would also implement fire hydrants that would receive water from the proposed 6-inch fire water lines onsite which would connect to the existing10-inch PVC water lines within John Johnson Way and Veterans Way.

The Project would construct sewer lines onsite which would connect to the existing 8-inch sewer line in Veterans Way and 8-inch sewer line in John Johnson Way.

Drainage Improvements
A series of onsite storm drain facilities with Low Impact Development (LID) and peak storm elements. Project runoff will be directed to a system of inlets and storm drains, to collect, store, and convey runoff. The proposed storm drain system would be oversized to include storage volume: inclusive of a 42-inch storm drain and a 48-inch storm drain. The oversized storm drains would convey flow into a modular wetland system (MWS) along Armstrong Avenue. Additionally, there would be two StormCapture chambers onsite each of which would be able to store up to 6,720 cubic feet of runoff. The storm drains, StormCapture chambers, and MWS would ultimately discharge to the existing storm drain under Armstrong Avenue and John Johnson Way. Further, the proposed Project would be adequately sized with a design capture volume of 33,104.6 cubic feet to sufficiently treat and capture the required 32,979 cubic feet in the 100-year storm event.

Construction and Phasing
Construction activities for the Project would occur over one phase, and would include site preparation, grading, building construction, paving, and architectural coatings. Construction is expected to begin in the third quarter of 2026 and occur over 24 months, ending in the third quarter of 2028. Project construction would occur within the hours allowable by TCC Section 4616, which states that construction 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 on Sundays and city observed federal holidays.

The grading activities for development of the proposed Project would result in a cut of 4,715 cubic yards (CY) of soil and a fill of 4,541 CY of soil totaling a net export of approximately 174 CY of soil.

Operational Characteristics
The Project would be operated as senior residential apartments, and as a senior assisted living facility with accommodation for residents that need assistance. The apartment units would be inclusive of private outdoor spaces to promote community gatherings and activities. Typical operational characteristics include residents and assisted living staff traveling to and from the site.

Discretionary Approvals, Permits, and Studies
The following discretionary approvals and permits are anticipated to be necessary for implementation of the proposed Project:

City of Tustin
• Adoption of the Addendum
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 28
• General Plan Conformity (GPC) Determination
• Development Agreement (DA)
• Subdivision (SUB)/Tentative Parcel Map (TPM)
• Conditional Use Permit (CUP)
• Design Review (DR)
• Affordable Housing Plan/Density Bonus Application
• Approvals and permits necessary to execute the proposed Project, including but not limited to, grading permit, building permits, street encroachment permits, WQMP, etc.

Clearwater Living Project Figure 3-2: Site Plan
UP
UP
UP
UP
UP
UP
DN
MIN. 4'-0" - WIDE LANDSCAPE BUFFER ON ARMSTRONG AVE.

PROPERTY LINE

WALKWAY

XFORMER SWITCH GENERATOR AL TRASH ENCLOSURE

STAFF PATIO

LANDSCAPING

MONUMENT SIGN

VISIBILITY TRIANGLE

MONUMENT SIGN

ASSISTED LIVING COURTYARD

ROLLING GATE

ENCLOSURE WALL

XFORMER XFORMER

FUTURE PROPERTY LINE

FUTURE PROPERTY LINE
PARKING GARAGE @ FIRST FLOOR

PROPERTY LINE

PROPERTY LINE
BIOSWALE BY CITY OF TUSTIN PUBLIC WORKS (NOT IN PROJECT SCOPE. SHOWN FOR REFERENCE ONLY)

PROPERTY LINE

BUS TURNOUT
MIN. 4'-0"-WIDE LANDSCAPE BUFFER ON ARMSTRONG AVE.

MIN. 11'-0"-WIDE LANDSCAPE BUFFER ON WARNER AVE.

SECONDARY BUILDING ENTRY

ACCESS PATH TO BUS STOP

VISIBILITY TRIANGLE

VISIBILITY TRIANGLE
25' - 0"
25' - 0" SETBACK
10' - 0" REQUIRED

SETBACK
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REQUIRED
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SETBACK
RE
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SETBACK
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SETBACK
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MONUMENT SIGN
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SETBACK
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SETBACK
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SETBACK
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SETBACK
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AA TRASH STAGING
4' - 0" MAX.

PATIO WALL

LINE OF ROOF OVERHANG ABOVE

LINE OF BUILDING ABOVE,
INCLUDING BALCONY PROJECTIONS ±
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 30
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Clearwater Living Project

GARAGE ENTRANCE AND EXIT
T.O. PARAPET 64' - 0"
ROOF 60' - 0"

FIFTH FLOOR
49' - 0"

FOURTH FLOOR
38' - 0"

THIRD FLOOR
27' - 0"

SECOND FLOOR
14' - 0"

FIRST FLOOR
0' - 0"
4' - 0" 11' - 0" 11 ' - 0 " 11' - 0" 13' - 0" 14' - 0"
60' - 0"
68' - 0" TO T.O. STAIR TOWER
4' - 0" 11' - 0" 11' - 0" 11' - 0" 13' - 0" 14' - 0"
60' - 0"
T.O. PARAPET 64' - 0"
ROOF 60' - 0"

FIFTH FLOOR
49' - 0"

FOURTH FLOOR
38' - 0"

THIRD FLOOR
27' - 0"

SECOND FLOOR
14' - 0"

FIRST FLOOR
0' - 0"
68' - 0" TO T.O. STAIR TOWER
4' - 0" 11 ' - 0 " 11' - 0" 11' - 0" 13' - 0" 14' - 0"
60' - 0"
T.O. PARAPET 64' - 0"
ROOF 60' - 0"

FIFTH FLOOR
49' - 0"

FOURTH FLOOR
38' - 0"

THIRD FLOOR
27' - 0"

SECOND FLOOR
14' - 0"

FIRST FLOOR
0' - 0"
68' - 0" TO T.O. STAIR TOWER
T.O. PARAPET 64' - 0"
ROOF 60' - 0"

FIFTH FLOOR
49' - 0"

FOURTH FLOOR
38' - 0"

THIRD FLOOR
27' - 0"

SECOND FLOOR
14' - 0"

FIRST FLOOR
0' - 0"
4 ' - 0 " 11' - 0" 11' - 0" 11' - 0" 13' - 0" 14' - 0"
60' - 0"
SCALE 1/16" = 1'-0" ACTIVE ADULT - EAST ELEVATION 1
SCALE 1/16" = 1'-0" ACTIVE ADULT - SOUTH ELEVATION 2
SCALE 1/16" = 1'-0" ACTIVE ADULT - WEST ELEVATION 3
SCALE 1/16" = 1'-0" ACTIVE ADULT - NORTH ELEVATION 4

KEYNOTES
2 3
5 6A
6B
7 8
9 10

GLASS GUARDRAIL

VERTICAL PICKET GUARDRAIL

FIBER CEMENT SIDING
STUCCO, SMOOTH FINISH, w/ REVEALS
STUCCO, FINE SAND FINISH, w/ REVEALS

OPERABLE VINYL WINDOW

FIXED VINYL WINDOW

STOREFRONT ASSEMBLY

WIRE MESH SECURITY SCREEN
11 CANOPY W/ FIBER CEMENT BOARD UNDERSIDE
12 13
14 15
16 METAL MECHANICAL SCREEN, COLOR TO MATCH BUILDING ELEVATIONS GLASS DOOR w/ VINYL WINDOW SIDELITES & TRANSOM

ROLL DOWN SECURITY DOOR

LIMESTONE TILE STONE VENEER

SHADE STRUCTURE
5 8 6A 10 13 6B 3 7 6B 13 7 7 6A 5 15 11
2 5 7 6B 6A 13 7 3 10 13 6B 3 6A 13 8 5 7 6B 6A 5 6A 7 10 3 6B 7 5 2 5 13 6A 7 10 6B 13 7 6A 7 5 2
11 11
5 8 7 6B 10 5 15 11 15 11 6A 9 6A 6B 5 11 6A 13 6B 7 5 8 3 3
17 EXPOSED CONCRETE
17 6A 9 6A
18 BUILDING SIGNAGE (PLACEHOLDER)
2 14 6B 6A 6B 3 6B 10 6B 2
16 2 8 17 6B 6B 6A 6A 13 9
16 8 6A 3 18 17 6A
8 2 17 6A 11 16 6B 8
16 19 PLANTER W/ FIBER CEMENT SIDING
12 19
19 19 19
19 2
13 13
1 NOT USED
4 NOT USED
Figure 3-3: Active Adult Building Elevations
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 32
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FIRST FLOOR
0' - 0"

SECOND FLOOR
14' - 0"
T.O. ROOF
26' - 0"
T.O. PARAPET
30' - 0"
4' - 0" 12' - 0" 14' - 0"
26' - 0"
35' - 6" TO T.O. ROOF

FIRST FLOOR
0' - 0"

SECOND FLOOR
14' - 0"
T.O. ROOF
26' - 0"
T.O. PARAPET
30' - 0"
4' - 0" 12' - 0" 14' - 0"
26' - 0"
35' - 6" TO T.O. ROOF

FIRST FLOOR
0' - 0"

SECOND FLOOR
14' - 0"
T.O. ROOF
26' - 0"
T.O. PARAPET
30' - 0"
4' - 0" 12' - 0" 14' - 0"
26' - 0"
35' - 6" TO T.O. ROOF

GARAGE ENTRANCE

FIRST FLOOR
0' - 0"

SECOND FLOOR
14' - 0"
T.O. ROOF
26' - 0"
T.O. PARAPET
30' - 0"
4' - 0" 12' - 0" 14' - 0"
26' - 0"
35' - 6" TO T.O. ROOF
SCALE 1/16" = 1'-0" ASSISTED LIVING - EAST ELEVATION 1
SCALE 1/16" = 1'-0" ASSISTED LIVING - SOUTH ELEVATION 2 SCALE 1/16" = 1'-0" ASSISTED LIVING - WEST ELEVATION 3
SCALE 1/16" = 1'-0" ASSISTED LIVING - NORTH ELEVATION 4 5 13 7 5 6A 8 13 8
5 8 6B 15 9 15 6A 13 15 5
2 6A 10 7 3 10
9 7 13 6A 8
13 5 7 13 7 9 5

KEYNOTES
2 3
4 5
6A
6B
7 8
9 10

GLASS GUARDRAIL

VERTICAL PICKET GUARDRAIL

FAUX JULIET BALCONY

FIBER CEMENT SIDING
STUCCO, SMOOTH FINISH, w/ REVEALS
STUCCO, FINE SAND FINISH, w/ REVEALS

OPERABLE VINYL WINDOW

FIXED VINYL WINDOW

STOREFRONT ASSEMBLY

WIRE MESH SECURITY SCREEN
11 CANOPY W/ FIBER CEMENT BOARD UNDERSIDE
12 13
14 15

METAL MECHANICAL SCREEN, COLOR TO MATCH BUILDING ELEVATIONS GLASS DOOR w/ VINYL WINDOW SIDELITES & TRANSOM

ROLL DOWN SECURITY DOOR

LIMESTONE TILE STONE VENEER
17 EXPOSED CONCRETE
3 20 7 5 13 2
11 9 23 9 6B 21 6A 23 13 15 6B 23 5 15 7 14 10 2
5 6B 20 11 6A
13 2 7 5 6A 10 6B 6A 8 5 13 3 7 6B 11 6A 7 9 7 21 15 13 7 9 6B 3 13 5 6A 6B 6A 2 19 2 6A 6A 6B 13 6A 11 6B 6B 5 6A 7 6B 11 6A 7 8 6B 9
19 PVC ROOFING
20 13 7 5 13 15 19
20 METAL WINDOW AWNING W/ TIEBACKS
21 TRELLIS
22 PLANTER W/ FIBER CEMENT SIDING
23 ROOF EAVE WITH RAFTER TAILS
23 22 23
19 23 23 13
22 20 22 15 2
23 23 20
23 19 6B 8
6B 12 3 19
6B
6B 17 4 4 6B
1 NOT USED
16 NOT USED
18 NOT USED
10 10
Clearwater Living Project Figure 3-4: Memory Care/Assisted Living Building Elevations Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 34
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Clearwater Living Project Figure 3-5: Wall and Fence Plan ±
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Clearwater Living Project Figure 3-6: Landscape Plan
1 1
6 2 7
3 8
4 4
4 9 9
10 11
6 14
14 14
13 13
13 13
13 5

ARMSTRONG AVENUE

WARNER AVENUE

VETERANS WAY
12 12
12 PROPOSED LOT LINE

CONCEPT PLANT SCHEDULE
PARKWAY TREE (36" BOX MINIMUM) 33
LAURUS NOBILIS / SWEET BAY 36" BOX
SHRUBS 63,441 SF
AGAVE ATTENUATA / FOXTAIL AGAVE 5 GAL
ANIGOZANTHOS X 'RAMBOCITY' / BUSH TENACITY KANGAROO PAW 5 GAL ARMERIA MARITIMA / SEA THRIFT 1 GAL
BOUGAINVILLEA X 'MONKA' / OO-LA-LA® BOUGAINVILLEA 5 GAL BOUTELOUA GRACILIS 'BLONDE AMBITION' / BLONDE AMBITION BLUE GRAMA 5 GAL BUXUS MICROPHYLLA JAPONICA 'WINTER GEM' / WINTER GEM JAPANESE BOXWOOD 5 GAL CARISSA MACROCARPA 'GREEN CARPET' / GREEN CARPET NATAL PLUM 1 GAL DIANELLA REVOLUTA 'DR5000' / LITTLE REV™ FLAX LILY 1 GAL FICUS PUMILA / CREEPING FIG 1 GAL
JUNCUS PATENS / CALIFORNIA GRAY RUSH 5 GAL
LANTANA X 'NEW GOLD' / NEW GOLD LANTANA 1 GAL
LIGUSTRUM JAPONICUM 'TEXANUM' / TEXAS JAPANESE PRIVET 5 GAL LOMANDRA LONGIFOLIA / MAT RUSH 1 GAL
MYOPORUM X 'PUTAH CREEK' / PUTAH CREEK MYOPRORUM 1 GAL
PHORMIUM TENAX 'CREAM DELIGHT' / CREAM DELIGHT NEW ZEALAND FLAX 5 GAL SALVIA LEUCANTHA 'SANTA BARBARA' / SANTA BARBARA MEXICAN BUSH SAGE 5 GAL SENECIO SERPENS / BLUE CHALKSTICKS 1 GAL
TRACHELOSPERMUM JASMINOIDES / CHINESE STAR JASMINE 5 GAL PARKWAY SHRUBS 4,434 SF
CARISSA MACROCARPA 'GREEN CARPET' / GREEN CARPET NATAL PLUM 1 GAL TREES (36" BOX MINIMUM) 132
ARBUTUS X 'MARINA' / MARINA STRAWBERRY TREE 36" BOX
JACARANDA MIMOSIFOLIA / JACARANDA - LOW BRANCHING 48" BOX LAGERSTROEMIA INDICA / CRAPE MYRTLE 36" BOX
LAURUS NOBILIS / SWEET BAY 36" BOX
LOPHOSTEMON CONFERTUS / BRISBANE BOX 36" BOX
OLEA EUROPAEA 'SWAN HILL' / SWAN HILL FRUITLESS OLIVE 36" BOX OLEA EUROPAEA 'SWAN HILL' / SWAN HILL FRUITLESS OLIVE 60" BOX PLATANUS RACEMOSA / CALIFORNIA SYCAMORE 36" BOX
QUERCUS AGRIFOLIA / COAST LIVE OAK 36" BOX
QUERCUS AGRIFOLIA / COAST LIVE OAK MULTI-TRUNK 48" BOX
TIPUANA TIPU / TIPU TREE 48" BOX
WATER QUALITY SHRUBS 194 SF
CAREX DIVULSA / EUROPEAN GREY SEDGE 1 GAL
JUNCUS PATENS / CALIFORNIA GRAY RUSH 1 GAL
MUHLENBERGIA RIGENS / DEER GRASS 1 GAL ±
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 38
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Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 39
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 40

4. ENVIRONMENTAL CHECKLIST

4.1. BACKGROUND
Date:

May 2026
Project Title:

Clearwater Living at Tustin Legacy
Lead Agency:

City of Tustin
300 Centennial Way
Tustin, CA 92780
Lead Agency Contact:

Jorge Maldonado, [email protected]
Project Location:

The Project site is located east of Armstrong Avenue and south of Warner Avenue (APN 430-481-012).

Project Sponsor’s Name and Address:

Confluent Development
2215 Market Street
Denver, CO 80205
Land Use and Zoning Designation:

Tustin Legacy Specific Plan (TLSP) and Mixed Use
Project Description:

The Project proposes the development of 275 units for seniors over two buildings, inclusive of units for active seniors and seniors requiring assisted living or memory care services. Each building is comprised of three habitable structures separated by two-hour-rated firewalls. Additionally, each building will be constructed, either completely or partially, above a first-floor parking structure, resulting in the total development of two buildings comprised of eight firewall-separated structures.

The proposed Project would include 172 Active Adult units (senior residential) and 103 Memory Care/ Assisted Living units. The Project site would be locally accessible from John Johnson Way and Veterans Way.

The proposed Project requires the adoption of this Addendum and Subdivision/Tentative Parcel Map.

The proposed Project would also require the approval of a Development Agreement, Conditional Use Permit, Design Review, and General Plan Conformity Determination, and an Affordable Housing Plan/Density Bonus Application.

A more detailed description of the proposed Project is provided in Section 3, Project Description.

Surrounding Land Uses and Setting:

The Project site is within an urbanizing environment and is currently graded and surrounded by residential uses and vacant land.

Other Public Agencies Whose Approval is Required:

None
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 41
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 42

4.2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The subject areas checked below were determined to be new significant environmental effects or to be previously identified effects that have a substantial increase in severity either due to a change in project, change in circumstances or new information of substantial importance, as indicated by the checklist and discussion on the following pages.

Aesthetics Agriculture and Forest
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire None

4.3. ENVIRONMENTAL FACTORS THAT DO NOT REQUIRE FURTHER ANALYSIS The subject areas listed below were determined to result in no changes in the environment as compared to the original project analyzed in the TLSP 2025 SEIR. Also, there is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously certified TLSP 2025 SEIR adequately discusses the potential impacts of the project without modification. Further, all applicable mitigation measures for the listed subject areas would be applied to the Project and would be included in the Project’s mitigation monitoring and reporting program (MMRP). Therefore, these subject areas require no further CEQA analysis
• Agriculture and Forest Resources
• Cultural Resources
• Geology and Soils
• Hazards and Hazardous Materials
• Mineral Resources
• Recreation
• Tribal Cultural Resources
• Wildfire
Mitigation Measures Applicable to the Proposed Project corresponding to the above subject areas:

Cultural Resources
2017 SEIR MM Arch-2: Prior to issuance of grading permits the cities of Tustin and Irvine shall each require applicants of individual development projects to retain as appropriate a county-certified archaeologist. If buried resources are found during grading within the reuse plan area a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery Native American consultation shall also be initiated during this process.

Geology and Soils
2017 SEIR MM Paleo-1: The cities of Tustin and Irvine shall each require applicants of individual development projects to comply with the requirements established in a Paleontological Resources Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 43
construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are discovered during construction.
2017 SEIR MM Paleo-2: Prior to the issuance of a grading permit, project applicants shall provide written evidence to each city that a county-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found.

Tribal Cultural Resources
TLSP 2025 SEIR MM TCR-1: Retain a Native American Monitor Prior to Commencement of GroundDisturbing Activities a. Prior to the issuance of demolition or grading permits for any projects that would disturb previously undisturbed soils (native soils) or soils that have native fill, the project applicant/developer shall retain a Native American Monitor, with first preference given to the Gabrieleño Band of Mission Indians – Kizh Nation, who responded to the City’s request for consultation on November 14, 2023 (first preference Tribe, Tribe). The applicant/developer shall allow 45 days from the initial contact with the first preference tribe to enter into a contract for monitoring services. If the applicant/developer is unable to contact the Kizh Nation after three documented attempts or is unable to secure an agreement, the applicant shall report to the lead agency, and the lead agency will contact the Kizh Nation to validate that the parties were unable to enter into an agreement. The applicant/developer shall have made three documented attempts to directly contact the Kizh Nation to enter into a tribal monitoring agreement. If the applicant/developer can demonstrate they were unable to secure an agreement with the first preference tribe, as validated and documented by the Community Development Department in writing, or if the contracted tribe fails to fulfill its obligation under the contract terms, then the applicant/developer may retain an alternative qualified tribal monitor from a culturally affiliated tribe if approved by the City.
b. The monitor shall be retained prior to the issuance of a demolition permit or grading permit, and the commencement of any development related “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, auguring, grubbing, boring, grading, excavation, drilling, and trenching for the purposes of reconstruction and new development. "Ground-disturbing activity" shall not include minor maintenance activities such as potholing, tree removal, and parking lot maintenance. This mitigation measure does not apply to projects that would only disturb soils made up of artificial fill, as verified by a soils or geotechnical report. c. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
d. The monitor will complete daily monitoring logs that will provide descriptions of the relevant grounddisturbing 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 Kizh Nation. 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 consulting tribe. If a monitor is selected from a tribe other than the Kizh Nation, the Kizh Nation shall be contacted if any discoveries are found. e. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the consulting tribe from a designated point of contact for the project applicant/lead agency that all Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 44
ground-disturbing activities and phases that may involve ground-disturbing activities and that have the potential to impact local TCRs on the project site or in connection with the project are complete.

TLSP 2025 SEIR MM TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (NonFunerary/Non-Ceremonial) 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 tribal monitor and consulting archaeologist. If the consulting tribe is other than the Gabrieleño Band of Mission Indians – Kizh Nation, the Kizh Nation shall be contacted and the consulting tribe will recover and retain all discovered TCRs in the form and/or manner the Kizh Nation deems appropriate, in the Kizh Nation sole discretion, and for any purpose the Kizh Nation deems appropriate, including for educational, cultural and/or historic purposes.

TLSP 2025 SEIR MM TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial 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. b. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 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. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
e. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

4.4. DETERMINATION
On the basis of this initial evaluation
No substantial changes are proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous approved ND or MND or certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Also, there is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously adopted ND or MND or previously certified EIR adequately discusses the potential impacts of the project without modification.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 45
The Checklist/Addendum concludes that none of the conditions or circumstances that would require preparation of a subsequent or supplemental EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 exists in connection with the design of the Project.

No substantial changes have been proposed to the project described in the TLSP 2025 SEIR that require major revisions to TLSP 2025 SEIR. No new significant environmental effects or substantial increase in the severity of previously identified significant environmental effects would occur. The Checklist/Addendum also indicates that there have not been any substantial changes with respect to the circumstances under which development of the project site, including the project, would be undertaken that would require major revisions to the TLSP 2025 SEIR. The Checklist/Addendum concludes that no substantial changes with respect to circumstances under which the project is undertaken have occurred that have not already been accounted for. The Checklist/Addendum also concludes that no new information of substantial importance, which was not known and could not have been known at the time that the TLSP 2025 SEIR was certified, shows that the project would cause or substantially worsen significant environmental impacts discussed in the TLSP 2025 SEIR, that mitigation measures or alternatives found infeasible in the TLSP 2025 SEIR would in fact be feasible, or that different mitigation measures or alternatives from those analyzed in the TLSP 2025 SEIR would substantially reduce one or more significant environmental effects found in the TLSP 2025 SEIR.

Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous ND, MND or EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Or, there is "new information of substantial importance," as that term is used in CEQA Guidelines Section 15162(a)(3). However, all new potentially significant environmental effects or substantial increases in the severity of previously identified significant effects are clearly reduced to below a level of significance through the incorporation of mitigation measures agreed to by the project applicant. Therefore, a Subsequent MND is required.

Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous environmental document due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Or, there is "new information of substantial importance," as that term is used in CEQA Guidelines Section 15162(a)(3) such as one or more significant effects not discussed in the previous EIR. Therefore, a SUBSEQUENT EIR is required.
___________________________________________________________________________________ Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 46
Signature Date
___________________________________________________________________________________ Printed Name For
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 47

4.5. EVALUATION OF ENVIRONMENTAL IMPACTS
The evaluation of environmental impacts in this addendum summarizes conclusions made in the TLSP 2025 SEIR and compares them to the impacts of the proposed Project. Mitigation measures referenced are from the Mitigation Monitoring and Reporting Program adopted as part of the TLSP 2025 SEIR and are described as either being previously implemented, applicable to the proposed Project, or not applicable.

This comparative analysis has been undertaken pursuant to the provisions of CEQA and the CEQA Guidelines, to provide the factual basis for determining whether the proposed Project, or any new information that has come to light permits or requires the preparation of a subsequent or supplemental EIR.

The analysis herein follows the outline and format, and applies the impact thresholds, of the TLSP 2025 SEIR as required by CEQA (Citizens Against Airport Pollution v. City of San Jose (2014) 227 Cal. App. 4th 788).

As discussed previously in Section 1.2, Environmental Procedures, pursuant to CEQA Guidelines Section 15162, when an EIR has been previously certified that includes the scope of development of a site or area, no subsequent or supplemental EIR shall be prepared for the project unless the lead agency determines that one or more of the following three conditions are met:

1. the project would result in new or substantially more severe impacts than were disclosed in the previous EIR;

2. changes in the circumstances surrounding the project result in new or substantially more severe impacts than were disclosed in the previous EIR; or

3. new information has come to light showing that new or substantially more severe impacts than were disclosed in the previous EIR will occur.

Terminology Used in the Checklist
For each question listed in the Environmental Checklist, a determination of the level of significance of the impact is provided. Impacts are categorized in the following categories:

Substantial Change in Project or Circumstances Resulting in New Significant Effects. A Subsequent EIR is required when 1) substantial project changes are proposed or substantial changes to the circumstances under which the project is undertaken, and 2) those changes result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects, and 3) project changes require major revisions of the EIR.

New Information Showing Greater Significant Effects than Previous EIR. A Subsequent EIR is required if new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows 1) the project will have one or more significant effects not discussed in the EIR; or 2) significant effects previously examined will be substantially more severe than shown in the EIR.

New Information Identifying New Mitigation or Alternative to Reduce Significant Effect is Declined. A Subsequent EIR is required if new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified shows 1) mitigation measures or alternatives previously found not to be feasible would in fact be feasible (or new mitigation measures or alternatives are considerably different) and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 48
With regard to the foregoing three categories, a Supplement to an EIR can be prepared if the criterion for a Subsequent EIR is met, and only minor additions or changes would be necessary to make the EIR adequately apply to the proposed Project.

Minor Technical Changes or Additions. An Addendum to the EIR is required if only minor technical changes or additions are necessary and none of the criteria for a Subsequent EIR is met.

No Impact. A designation of no impact is given when the proposed Project would have no changes in the environment as compared to the original project analyzed in the EIR.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 49

5. ENVIRONMENTAL ANALYSIS

5.1. AESTHETICS
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
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 a publicly accessible
vantage point), or if the project is in an
urbanized area, 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?
Impacts Identified in Previous Environmental Documentation The certified 2001 FEIS/EIR evaluated views of the TLSP area from the surrounding viewshed and determined that development would alter the appearance of the area to varying degrees, including the TLSP area as seen from the surrounding viewshed and views from within the TLSP. Development would create visual contrast between new development and existing scattered buildings, hardscape, and vacant land in various portions of the TLSP area over the approximately 20-year development duration. However, the 2001 FEIS/EIR determined that the only significant visual impact was the potential loss of the existing blimp hangars, which would change existing foreground, middle-ground, and background views.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 50
At the time the 2001 FEIS/EIR was adopted, Hangars 28 and 29 were listed on the National Register of Historic Places (NRHP); as the two hangars and some appurtenant structures had been determined eligible for listing as a National Historic District. Since the two hangars measured 178 feet high and 1,088 feet long, they were visible from several miles away. TLSP development could demolish both hangars and the other appurtenant structures and improvements that are elements contributing to eligibility for National Historic District listing. The loss of both hangars was identified as a significant and unavoidable visual impact. In accordance with Section 106 of the National Historic Preservation Act, the City of Tustin, the State Historic Preservation Office (SHPO), the Advisory Council on Historic Preservation, the Department of the Navy, and the County of Orange executed a Memorandum of Agreement that identified measures to mitigate the impacts of the destruction of portions of the eligible historic district, including the removal of Hangar 28 and Hangar 29. Pursuant to the agreement, the County of Orange conducted a marketing study of Hangar 28, and the City of Tustin conducted a marketing study of Hangar 29. Both jurisdictions reached the conclusion that there is no economically viable use for the hangars, requiring implementation of mitigation measures.

Measures intended to mitigate the loss of the hangars as iconic features were identified in the Memorandum of Agreement associated with the TLSP, include requirements for a written history, documentary video, and exhibit. As discussed in the 2017 SEIR, all mitigation measures identified in Stipulation III of the agreement have been satisfied.

Aesthetic impacts were then subsequently analyzed within the following previously approved CEQA documents (City of Tustin, 2025c):
• The 2004 Supplemental EIR determined that if one hangar were retained, impacts to aesthetic resources would be less than significant; and impacts would remain significant and unavoidable if both hangars were demolished.
• The 2006 Addendum concluded that although views from previously identified sensitive viewers were altered with the new development, the development was implemented in compliance with the MCAS Specific Plan development standards and design guidelines. The new development was visually consistent with existing residential development.
• The 2013 Addendum found that there would be no new impacts related to aesthetics. It determined that although there would be an increase in floor area ratio (FAR), the land uses would be the same as previously analyzed and would not change building height restrictions, setbacks, signage, and other development standards.
• The 2017 SEIR analyzed potential impacts that could result from the proposed increase of 2,212 residential units and a decrease of 1.7 million SF of non-residential land uses. As identified in the 2017 SEIR, the change in land use mix and associated building types would alter the visual appearance of the TLSP area but would not result in a change in effect on a scenic vista. • As described above, the 2001 FEIS/EIR concluded that demolition of both historic hangars would have a significant visual impact, while the loss of only one hangar would be less than significant. The 2017 SEIR determined that the proposed changes in land use under the 2017 TLSP SPA would not result in changes to the analysis and conclusions from the 2001 FEIS/EIR with respect to the hangars. • The 2025 SEIR analyzed potential impacts that could result from the amendment of PAs 8, 13, 14 and 15 of the TLSP to accommodate additional residential units within Neighborhoods D South, D North, and G. As identified in the 2025 SEIR, the upzoning of residential uses would alter the visual appearance of Neighborhoods D South, D North, and G but would not result in a change in effects on scenic vistas or scenic highways. Additionally, the upzone would not conflict with any regulations governing scenic quality and would not result in new impacts pertaining to light and glare produced by the approved TLSP 2025 SEIR.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 51
TLSP 2017 SEIR Applicable Mitigation Measures
2017 SEIR MM VIS-1: An urban design plan shall be adopted to provide for distinct and cohesive architectural and landscape design, features, and treatments, and harmony with existing adjacent landscape.
a) Have a substantial adverse effect on a scenic vista? The TLSP 2025 SEIR found that the upzoning of residential units would not result in new impacts to scenic vistas and determined that impacts would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New 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.

The buildout of the proposed Project would alter the visual appearance of the Project site but would not result in a change in effect on a scenic vista. The Project’s surrounding area previously contained two military hangars. Currently, one hangar remains southeast of the Project site, and the remnants of the second hangar are located to the northeast. Tustin Legacy Park is located west of the Project site; however, the proposed Project would not affect views of surrounding visual resources and new significant impacts would not occur.

The proposed Project would allow for the development of 275 senior care and senior residential units. The proposed Project is consistent with the TLSP designation of Mixed-Use Urban and was previously analyzed in the TLSP 2025 SEIR. The maximum buildout for Neighborhood D South consists of 606,000 SF of nonresidential development and 2,427 residential units (including density bonus units). Currently, Neighborhood D South has an existing buildout of zero SF and 776 residential units, thus there is sufficient capacity within the previously analyzed Neighborhood D assumptions to accommodate the proposed 142,566 SF of nonresidential and 172 residential units of development. The development of the proposed Project could slightly alter the visual appearance of the Project site but would not result in a change in effect on a scenic vista.

No new significant impacts would occur. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a State scenic highway?
The TLSP 2025 SEIR found that the upzoning of residential units would not result in new impacts to scenic resources and determined that impacts would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The Project site is not within the vicinity of a designated state scenic highway. The nearest designated state scenic highway to the site is State Route 91 (SR-91) in the City of Anaheim, approximately 9 miles to the north (California Department of Transportation, 2018). Implementation of the proposed Project would not result in new impacts to scenic resources in a state scenic highway. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 52
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 a publicly accessible vantage point), or if the project is in an urbanized area, conflict with applicable zoning and other regulations governing scenic quality?
The TLSP 2025 SEIR found that the upzoning of residential units would not substantially degrade the existing visual character or quality of public views of the site and its surroundings, and concluded that impacts would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project which would develop a total of 275 senior care and senior residential units within Neighborhood D South of the TLSP. The proposed Project is consistent with the existing land use designation and zone for the Project site and would occur within the total Mixed-Use Urban assumptions analyzed in the TLSP 2025 SEIR for Neighborhood D South.

The Project site is located in an urbanized area (the City of Tustin). The proposed development would comply with the TLSP design standards that provide a framework for visual character and quality of the various TLSP Neighborhoods. Further, the proposed Project would be required to comply with Mitigation Measure VIS-1 from the certified 2001 FEIS/EIR, which requires an urban design plan to provide for distinct and cohesive architectural and landscape design as well as harmony with adjacent landscaping. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The TLSP 2025 SEIR concluded the upzoning of residential units within Neighborhoods D South, D North, and G would not result in substantial light or glare and impacts were concluded to be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. Spill light occurs when lighting fixtures such as streetlights, parking lot lighting, exterior building lighting, and landscape lighting are not properly aimed or shielded to direct light to the desired location and light escapes and partially illuminates a surrounding location. Sensitive uses (e.g., residential uses) surrounding the Project site could be impacted by the light from development within the boundaries of the Project site if light spill occurs.

Glare is the result of improperly aimed or blocked lighting sources that are visible against a dark background such as the night sky. Glare may also refer to the sensation experienced looking into an excessively bright light source that causes a reduction in the ability to see or causes discomfort. Glare generally does not result in illumination of off-site locations but results in a visible source of light viewable from a distance. Glare could also occur from building materials of the new structures, including glass and other reflective materials.

The development of the proposed Project of the area could alter the visual appearance of the Project site.

However, consistent with the conclusions in the TLSP 2025 SEIR, residential lighting would be similar to light sources associated with the existing commercial and residential uses adjacent to the Project site. Additionally, lighting introduced through implementation of the proposed Project would be visible only from nearby vantage points due to the flat topography of the site and surrounding development. Furthermore, the proposed Project would occur within the total Mixed-Use Urban development assumptions analyzed in the TLSP 2025 SEIR. Therefore, the proposed Project would not result in any new or more severe impacts related to light or glare beyond those previously analyzed. The proposed Project is consistent with the impacts Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 53
identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.

Conclusion
Based on the foregoing information, none of the conditions identified in State CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate project impacts or mitigation measures exist regarding aesthetics. There have not been (1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was adopted as completed.

Because none of the conditions identified in State CEQA Guidelines Section 15162 would trigger the need to prepare a subsequent or supplemental document to evaluate project impacts, the Project is consistent with the TLSP 2025 SEIR.

Plans, Programs, or Policies (PPP)
None.

Project Design Features (PDFs)
None.

TLSP 2017 SEIR Mitigation Measures Applicable to the Proposed Project:
2017 SEIR MM VIS-1: As listed previously.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 54

5.2. AIR QUALITY
Subsequent or Supplemental EIR Addendum to EIR
Where available, the significance criteria
established by the applicable air quality
management or air pollution control district may
be relied upon to make the following
determinations. Would the project:

Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
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?
Impacts Identified in Previous Environmental Documentation The certified 2001 FEIS/EIR addressed consistency of the MCAS Specific Plan with the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plans (AQMPs), construction-related emissions, operational emissions, localized carbon monoxide (CO) “hotspots,” and air toxics. The 2001 FEIS/EIR concluded that the MCAS Tustin Specific Plan would not be consistent with the 1994 and 1997 AQMPs because these plans did not consider the planned intensity assumed by the Specific Plan. This impact was significant and unavoidable, and a statement of overriding considerations was adopted.

The 2001 FEIS/EIR concluded that there were significant and unavoidable construction-related (short-term) emissions that exceeded the SCAQMD thresholds. Even with incorporation of mitigation measures, impacts were determined to remain significant and unavoidable, and a statement of overriding considerations was adopted.

Operational emissions were also considered significant and unavoidable even with implementation of the City’s Traffic Reduction/Traffic Demand Management program (Ordinance No. 1062, approved in 1991), which has policies to reduce long-term emissions. A statement of overriding considerations was adopted for this impact. However, the 2001 FEIS/EIR concluded that operational emissions from businesses would comply with SCAQMD’s regulations for operation and would result in no new impact.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 55
The 2001 FEIS/EIR concluded that no sensitive receptors would be exposed to CO hotspots. The analysis included intersections with the highest traffic volumes and level of service (LOS) during the years 2005 and 2020.

Air quality impacts were then subsequently analyzed within the following previously approved CEQA documents (City of Tustin, 2025c):
• The 2004 Supplemental EIR determined that the TLSP area would not result in new additional impacts and the implementation of Tustin Ranch Road would be consistent with applicable policies and would reduce overall CO Hotspot impacts. However, impacts from the TLSP on air quality would remain significant and unavoidable.
• The 2006 Addendum concluded that there was a reduced impact due to the reduction of non-residential square footage and redistribution of residential uses but no substantial change. The 2006 Addendum incorporated all applicable mitigation measures and revised Mitigation Measure AQ-1 to reflect amendments to SCAQMD Rules 402 and 403.
• The 2013 Addendum analyzed a specific project and updated the air quality analysis to identify construction and operational-related impacts resulting from the construction of up to 816,929 SF of academic office space and the extension of Bell Avenue. The addendum determined that SCAQMD thresholds would not be exceeded, and no significant impacts would occur. • Because the 2016 AQMP was being drafted at the time that the TLSP 2017 SEIR was released, the thresholds in the TLSP 2017 SEIR were based on the adopted 2012 AQMP. The TLSP 2017 SEIR found that the 2017 TLSP SPA would accommodate more dwelling units, and the growth associated with these additional residential land uses is accounted for in the 2012 AQMP. Therefore, the 2017 TLSP SPA was determined to be inconsistent with the 2012 AQMP.
• Compared to the Adopted Specific Plan as quantified using CalEEMod, the TLSP 2017 SEIR also found that the 2017 SPA would result in an increase in volatile organic compounds (VOCs), CO, SOX, PM10, and PM2.5 air pollutant emissions beyond those assumed for the MCAS Specific Plan. However, the net change in emissions would not exceed SCAQMD’s regional significance thresholds for construction emissions. Therefore, there would not be a substantial increase in the severity of previously identified impacts regarding construction emissions.
• The TLSP 2017 SEIR concluded that total emissions associated with implementation of the 2017 SPA would exceed the SCAQMD’s operation-related regional significance thresholds for all criteria air pollutants except for SO2. This result is similar to the total long-term emissions associated with the Adopted Specific Plan. However, implementation of 2017 SPA was found to result in reduced emissions for NOX, CO, SO2, PM10, and PM2.5 when compared to the Adopted TLSP, due to an anticipated decrease in vehicle trips associated with the 2017 SPA. • Findings of the TLSP 2017 SEIR anticipated that the TLSP SPA and Adopted Specific Plan would generate similar localized construction-related emissions and would both result in significant localized constructionrelated emissions impacts . Therefore, no significant impacts would occur with implementation of the 2017 SPA.
• The Initial Study prepared for the TLSP 2017 SEIR determined that the proposed change in land use mix from non-residential to residential would not generate a substantial increase in odor generation and no new impacts on objectionable odors would occur. However, the TLSP SPA would accommodate more dwelling units, and the growth associated with these additional residential land uses is accounted for in the 2012 AQMP. Therefore, similar to the Adopted Specific Plan, the TLSP SPA was determined to be inconsistent with the 2012 AQMP and impacts were determined to be significant and unavoidable. • The TLSP 2025 SEIR concluded that implementation of the 2025 TLSP SPA would result in VOCs, NOX, CO, PM10, and PM2.5 emissions from operational activities that exceed regional thresholds and would be significant and unavoidable, consistent with the findings of the previous environmental documentation.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 56
• Although the TLSP 2025 SPA would be consistent with SCAG’s 2024-2050 RTP/SCS growth forecasts and the City’s Housing Element, it would lead to increased regional air quality operational emissions that would exceed thresholds. Therefore, it was determined that the 2025 TLSA SPA would result in a conflict with, or obstruct, implementation of the AQMP and impacts would be significant and unavoidable. • Regarding localized construction emissions, the TLSP 2025 SEIR concluded that, due to the unknown locations and specific construction activities that would occur for each project that would occur pursuant to the TLSP 2025 SPA, localized construction emissions would have the potential to expose sensitive receptors to substantial concentrations of criteria air pollutant emissions and result in a significant impact. • Regarding cumulative impacts, the TLSP 2025 SPA concluded that NOx and VOC emissions from implementation of the 2025 TLSPA would be cumulatively considerable, and cumulative air quality impacts would be significant and unavoidable.

TLSP 2017 SEIR Applicable Mitigation Measures
2017 SEIR MM AQ-2: Prior to issuance of grading permits, the Modified Project applicant shall use low VOC architectural coatings for all interior and exterior painting operations. 2017 SEIR MM AQ-5: Applicants for new development projects within the Tustin Legacy Specific Plan shall require the construction contractor to use equipment that meets the US Environmental Protection Agency (EPA) Tier 4 emissions standards for off-road diesel-powered construction equipment with more than 50 horsepower during construction activities, unless it can be demonstrated to the City of Tustin that such equipment is not available.

Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what would be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by the California Air Resources Board’s regulations.

Prior to construction, the Modified Project engineer shall ensure that all demolition and grading plans clearly show the requirement for EPA Tier 4 or higher emissions standards for construction equipment with more than 50 horsepower. During construction, the construction contractor shall maintain a list of all operating equipment in use on the site for the verification of the City of Tustin. The construction equipment list shall state the makes, models, and numbers of construction equipment onsite. Equipment shall be properly serviced and maintained in accordance with the manufacturer's recommendations. Construction contractors shall also ensure that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Air Resources Board Rule 2449.
2017 SEIR MM AQ-6: Prior to the issuance of grading permits, the applicants for individual new developments shall evaluate localized construction-related air quality impacts. Localized construction emissions shall be evaluated to the South Coast Air Quality Management District’s Localized Significance Thresholds for construction. Applicable mitigation measures to reduce potential localized construction-related air quality impacts shall be included in the evaluation, as necessary, to minimize impacts to the extent feasible and shall be implemented. The evaluation shall be submitted to the City of Tustin for review. In addition, all recommended mitigation measures shall be noted on all construction plans submitted to the City of Tustin Building and Public Works Department for verification.

TLSP 2025 SEIR Applicable Mitigation Measures
TLSP 2025 SEIR MM AQ-1: Vehicle Trip Reduction. Rental Units: The applicant of for-rent residential developments shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Tustin. The materials shall be provided no later than the time the rental agreement is executed. A program outlining the implementation of this measure shall be submitted to the Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 57
City of Tustin Planning Division for review and approval, prior to the issuance of the first certificate of occupancy.

TLSP 2025 SEIR MM AQ-2: Prohibition of Fireplaces. The installation of wood-burning and natural gas devices shall be prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the deed and/or any tenant lease agreements.

TLSP 2025 SEIR MM AQ-3: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Community Development Department shall confirm that the Modified Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable.
a) Conflict with or obstruct implementation of the applicable air quality plan? The TLSP 2025 SEIR found that implementation of the TLSP SPA would not exceed population growth forecasts upon which the 2022 AQMP was based; however, buildout of the TLSP SPA would surpass SCAQMD regional thresholds, resulting in a significant and unavoidable air quality impact (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. According to SCAG’s 2024-2050 RTP/SCS (SCAG, 2024), the City’s households and employment are forecasted to increase by approximately 7,000 households, and 19,600 jobs, respectively, between 2019 and 2050. The TLSP 2025 SEIR concluded that the additional housing units included in the TLSP 2025 SEIR would not exceed the SCAG RTP/SCS projected growth; but would conversely accommodate the City’s required housing stock in the City’s Housing Element, pursuant to the SCAG Regional Housing Needs Allocation (RHNA). As previously described in Section 3, Project Description, the TLSP 2025 SEIR analyzed development of 2,427 residential units (including density bonus units) and 606,000 SF of non-residential uses. As such, the 142,566 SF of non-residential uses and 172 residential units associated with the proposed Project were previously analyzed within the TLSP 2025 SEIR.

The SCAQMD’s 2022 AQMP, which was adopted on December 2, 2022, is the applicable air quality plan for the City of Tustin. Consistency with the 2022 AQMP would be achieved if the Project is consistent with the goals, objectives, and assumptions in this plan to achieve the federal and State air quality standards.

Per SCAQMD’s CEQA Air Quality Handbook, there are two main criteria for a project’s consistency with the AQMP. Pursuant to Consistency Criterion No. 1, Projects that are consistent with the regional population, housing, and employment forecasts identified by SCAG are considered consistent with the AQMP growth projections, since the forecast assumptions by SCAG forms the basis of the land use and transportation control portions of the AQMP. Additionally, because SCAG’s regional growth forecasts are based upon, among other things, land uses designated in general plans and specific plans, a project that is consistent with the land use designated in a general plan would also be consistent with the SCAG’s regional forecast projections, and thus also with the AQMP growth projections. Therefore, since the proposed Project is consistent with the land use and the maximum assumptions previously analyzed within the TLSP 2025 SEIR, the proposed Project would not exceed the growth assumptions in the SCAG’s 2024-2050 RTP/SCS or the AQMP.

Regarding Consistency with Criterion No. 2, an impact would occur if the emissions associated with the proposed Project would exceed the SCAQMD’s regional significance thresholds. As detailed below in Impact AQ-2, operation of full buildout of Neighborhood D South, including the proposed Project, would exceed Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 58
the threshold of significance for emissions of VOCs, NOX, CO, PM10, and PM2.5 for operations, thus impacts would be significant and unavoidable. However, the Project would not increase planned intensity beyond what was previously assumed in the TLSP 2025 SEIR. Thus, impacts would remain significant and unavoidable, consistent with the TLSP 2025 SEIR and no new impacts would occur. 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)? The TLSP 2025 SEIR found that buildout of the TLSP would result in potential cumulatively considerable net increases of pollutants during operation, and impacts were determined to be significant and unavoidable (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact.

Construction
Construction activities associated with the proposed Project would generate pollutant emissions from the following: (1) site preparation, (2) grading, (3) building construction, (4) paving, and (5) architectural coating.

The quantity of emissions generated on a daily basis would vary, depending on the intensity and types of construction activities occurring.

The proposed Project would construct 142,566 SF of non-residential institutional uses and 172 residential units which is within the maximum scope of the 606,000 SF of non-residential development and 2,427 residential units (including density bonus units) allowed within Neighborhood D South and analyzed in the TLSP 2025 SEIR. As described in the TLSP 2025 SEIR, buildout of the 2025 TLSPA, including buildout of Neighborhood D South would not exceed SCAQMD thresholds for daily emissions. Given that the Project is within the buildout assumptions of the TLSP 2025 SEIR, impacts from construction emissions would be less than significant.

Further, the Project would be required to comply with multiple SCAQMD Rules to reduce air contaminants during construction, 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 or a stabilizing agent 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 is included as Plan, Program, or Policy (PPP) AQ-1. In addition, low VOC architectural coatings for all interior and exterior painting operations would be required as described in PPP AQ-2 and 2017 SEIR MM AQ-2. To further reduce emissions during construction, the use of Tier 4 emissions standards for off-road diesel-powered construction equipment with more than 50 horsepower during construction activities would also be required, as described in 2017 SEIR MM AQ-5.

Thus, with compliance of regulatory requirements and applicable mitigation measures, impacts from construction would be less than significant. As such, no new impacts would occur and the construction of the proposed Project is consistent with what was previously analyzed within the TLSP 2025 SEIR.

Operation
The primary pollutants of the proposed Project would be mobile sourced emissions consistent with the TLSP 2025 SEIR. The TLSP 2025 SEIR anticipated a total of 19,997 daily trips with buildout of Neighborhood D South, including 2,246 daily trips associated with continuing care (assisted living) and 10,487 daily trips Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 59
associated with multi-family housing (senior apartments) within Neighborhood D South. The proposed Project anticipates a total of 870 daily trips which is consistent with what was previously assumed in the TLSP 2025 SEIR. The proposed Project would not introduce new uses thus no new impacts related to operational emissions would occur and impacts would remain significant and unavoidable. The Project would also be required to comply with TLSP 2025 SEIR MM AQ-1 which requires distribution of trip reduction opportunities to tenants.

In addition, while mobile source emissions would be the primary pollutant for the proposed Project, to further reduce operational emissions the Project would be required to implement Rule 445 (PPP AQ-3) and TLSP 2025 SEIR MM AQ-2, which prohibit wood-burning and natural gas fireplaces as well as TLSP 2025 SEIR MM AQ-3, which requires that all landscaping equipment be 100 percent electric. Given that the Project is within the buildout assumptions of the TLSP 2025 SEIR, impacts from operations of the proposed Project would remain significant and unavoidable. Therefore, the proposed Project is consistent with what was originally analyzed in the TLSP 2025 SEIR and there would be no new impacts. c) Expose sensitive receptors to substantial pollutant concentrations? The TLSP 2025 SEIR found that buildout of the TLSP 2025 SPA could potentially expose sensitive receptors to substantial pollutant concentrations thus impacts were determined to be significant and unavoidable (City of Tustin, 2025c).

Impacts associated with the proposed Project
No New Impact. Sensitive receptors can include residences, schools, playgrounds, childcare centers, and athletic facilities. The nearest sensitive receptors are the existing residences located 72 feet south of the Project site.

Construction
Construction of the proposed Project may expose nearby receptors to airborne particulates as well as a small quantity of construction equipment pollutants (i.e., usually diesel-fueled vehicles and equipment).

However, construction contractors must comply with SCAQMD Rule 403 and implement standard dust control and emissions reduction measures, as required under PPP AQ-2. These measures would substantially reduce pollutant emissions, as outlined in the TLSP 2025 SEIR.

In addition, a Construction Emissions Analysis for potential project-related localized air quality impacts was prepared for the proposed Project, consistent with 2017 SEIR MM AQ-6 and is included as Appendix A. As shown in Table A-1 from the construction specific assessment, the maximum daily construction emissions from the construction of the proposed Project would not exceed the applicable SCAQMD LST thresholds at the closest existing sensitive receptor. Therefore, impacts would be less than significant and the proposed Project’s construction-related emissions would be consistent with impacts identified in the TLSP 2025 SEIR, and no new or more severe air quality impacts would occur.

Table A-1: Localized Construction Emission Estimates
Construction Activity
Maximum Daily Localized Emissions
(pounds/day)
NOx CO PM10 PM2.5
2026 (Year 1)
Site Preparation 36.27 33.13 7.52 4.40
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 60
Grading 19.06 19.09 3.29 1.89
Building Construction 10.67 14.07 0.41 0.38
Maximum On-Site Emission (2026) 36.27 33.13 7.52 4.40
2027 (Year 2)
Building Construction 10.17 14.04 0.36 0.34
Maximum On-Site Emission (2027) 10.17 14.04 0.36 0.34
2028 (Year 3)
Building Construction 9.66 14.04 0.33 0.30
Paving 6.63 9.91 0.26 0.24
Architectural Coating 1.08 1.49 0.02 0.02
Maximum On-Site Emission (2028) 9.66 14.04 0.33 0.30
Maximum Daily Emissions (2026-2028) 36.27 33.13 7.52 4.40 SCAQMD Screening Thresholds 196.30 1128.00 9.30 5.30
Threshold Exceeded? No No No No
Notes: NOx = nitrogen oxides, CO = carbon monoxide, PM10 = particulate matter 10 microns in diameter, PM2.5 = particulate matter 2.5 microns in diameter
Source: Appendix A
Operation
According to the SCAQMD LST methodology, LSTs apply to project-related 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 LSTs. The Project would operate as a residential community, which does not typically involve diesel vehicles regularly idling or queuing for long periods. Therefore, due to the lack of significant stationary source emissions or idling diesel-powered vehicles, there would be no new impact related to operational LSTs.

Also, as discussed above, the Project’s vehicular trips are within the scope of the intensity of what was previously analyzed in the TLSP 2025 SEIR. The Project also would not introduce stationary sources of operational emissions that are different or unique from the nonresidential institutional uses assumed in the TLSP 2025 SEIR. Therefore, the emissions from the proposed Project would be consistent with those anticipated by the TLSP 2025 SEIR. Additionally, the Project would include energy-efficient appliances, bike parking, and preferential parking spaces for alternatively fueled vehicles. No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 61
TLSP 2025 SEIR. Therefore, operational-phase air quality impacts would remain within the impacts identified in the TLSP 2025 SEIR.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
The TLSP 2025 SEIR concluded that impacts would be less than significant with regard to objectionable odors (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project does not contain land uses typically associated with emitting objectionable odors. The Project site is not located near existing agricultural uses. Potential odor sources associated with the proposed Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities. However, any construction odors would be temporary in nature.

Standard construction requirements would minimize odor impacts from construction. The construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of construction and are thus considered less than significant. Project-generated refuse would be stored in covered containers and removed at regular intervals in compliance with the City’s solid waste regulations. Additionally, the proposed Project would be required to implement California Air Resources Board (CARB) Rule 2485 regulations that limit idling to 5 minutes (13 CCR, Chapter 10 Section 2485), which would reduce odors from the smell of truck exhaust. The proposed Project would also be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances. Therefore, odor impacts associated with the proposed Project’s construction and operations would be less than significant, consistent with w the TLSP 2025 SEIR.

No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR. Impacts from the proposed Project would be consistent with those identified in the TLSP 2025 SEIR.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures regarding air quality. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project is undertaken that require major revisions of the previous Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was certified as completed.

Because none of the conditions identified in CEQA Guidelines Section 15162 would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts, CEQA Guidelines 15168 also does not require additional environmental review, and the Project is within the scope of the TLSP 2025 SEIR with respect to air quality.

Plans, Programs, or Policies (PPP)
PPP AQ-1: Rule 403. The following measures shall be incorporated into construction plans and specifications as implementation of Rule 403:

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 62
• 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 Modified Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, 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-2: Rule 1113. The following measure shall be incorporated into construction plans and specifications as implementation of Rule 1113. The Modified Project shall only use “Low-Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113.

PPP AQ-3: Rule 445. The following measure shall be incorporated into construction plans and specifications as implementation of Rule 445. Wood burning stoves and fireplaces shall not be included or used in the new development.

PPP AQ-4: CALGreen Building Standards MERV 13 Filters. Indoor air quality within mechanically ventilated buildings shall comply with Section 5.504.5.3 (Filters) of the California Green Building Standards Code Part 11 that requires utilization of at least a Minimum Efficiency Reporting Value (MERV) of 13 air filtration systems. The Code requires MERV 13 filters to be installed prior to occupancy and replaced and/or maintained as directed by the manufacturer.

Project Design Features (PDFs)
None.

TLSP 2017 SEIR Mitigation Measures Applicable to the Proposed Project:
2017 SEIR MM AQ-2: As listed above.
2017 SEIR MM AQ-5: As listed above.
2017 SEIR MM AQ-6: As listed above.

TLSP 2025 SEIR Mitigation Measures Applicable to the Proposed Project:

TLSP 2025 SEIR MM AQ-1: Vehicle Trip Reduction. As listed above.

TLSP 2025 SEIR MM AQ-2: Prohibition of Fireplaces. As listed above.

TLSP 2025 SEIR MM AQ-3: Electric Landscape Equipment. As listed above.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 63

5.3. BIOLOGICAL RESOURCES
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
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?
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?
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 64
Impacts Identified in Previous Environmental Documentation The certified 2001 FEIS/EIR determined that implementation of the TLSP would result in impacts to jurisdictional waters, wetlands, and to the southwestern pond turtle. The 2001 FEIS/EIR did not find burrowing owls or suitable habitat for burrowing owls onsite. The 2001 FEIS/EIR identified several potential jurisdictional waters onsite, including but not limited to ditches and drainages, the Santa Ana/Santa Fe Channel, the Barranca Channel, and Peters Canyon Channel. It identified impacts to 16.2 acres of jurisdictional waters, 2.4 acres of which were vegetated wetlands. The 2001 FEIS/EIR determined that there would be no impacts to federally listed threatened or endangered plant or animal species. It found that there would be a direct impact to four loggerhead shrike, but that it would not have an overall adverse effect to the population in southern California. Mitigation Measures were included to require necessary Section 404 and 1601 permits for the impacts of jurisdictional waters; the capture and relocation of pond turtles to avoid impacts to wildlife; and the contribution of funds to create a relocation site for turtle habitat to mitigation impacts to sensitive habitat in coordination with the California Fish and Game Commission (CFGC). Overall, impacts were determined to be less than significant with mitigation.

Subsequently, in the 2006 Addendum, impacts to biological resources were analyzed and several determinations and mitigation measures were revised.
• Mitigation measures required in the certified 2001 FEIS/EIR were revised in the 2006 Addendum.

A capture and relocation plan was approved by the California Department of Fish and Wildlife (CDFW) for the southwestern pond turtle, and all turtles were relocated. • The 2006 Addendum, which analyzed 1,511 acres of the TLSP area, identified the presence of 0.68 acres of federally protected wetlands. Mitigation measures for impacts to jurisdictional waters and wetlands were included in the 2001 FEIS/EIR and were revised in the 2006 Addendum to address the updated biological setting.
• The 2006 Addendum also identified 0.8 acre of riparian area onsite that is within the jurisdiction of CDFW, and concluded that development would result in a significant impact to the entire riparian area. Mitigation measures included in the 2001 FEIS/EIR were determined to be adequate to reduce impacts to a less-than-significant level.
• The 2006 Addendum concluded that the TLSP area does not support wildlife movement.

The 2017 SEIR determined that proposed amendment at the time would not change the overall development footprint of the TLSP (City of Tustin, 2025c). Implementation of the TLSP SPA would not cause impacts to biological resources that were not previously analyzed in the 2001 FEIS/EIR. As noted above, the CDFW approved a pond turtle relocation and mitigation plan, and all turtles were relocated accordingly. Previously approved Mitigation Measures BIO-2, BIO-3, and BIO-4 were determined to reduce potential biological impacts of the 2017 TLSP SPA to a less-than-significant level. The 2017 SEIR determined that no new significant impacts on candidate, sensitive, or special status species would occur. Additionally, the 2017 SEIR found that implementation of the 2017 TLSP SPA would not interfere substantially with wildlife movement and would not result in the removal of substantial amounts of trees or shrubs that could be used by nesting migratory birds protected under federal and state laws (City of Tustin, 2025c). The 2017 SEIR determined that no new significant impacts on riparian habitat or federally protected wetlands would occur and would not conflict with any applicable Natural Community Conservation Plan (NCCP)/ Habitat Conservation Plan (HCP) or any other local policies or ordinances protecting biological species and no impact would occur.

Therefore, the 2017 SEIR determined that impacts to biological resources would be consistent with determinations made by previous CEQA documents and impacts to biological resources would be less than significant with previously approved mitigation measures BIO-1 through BIO-4.

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The 2025 SEIR determined that the TLSP 2025 SPA would not change the overall development footprint of the TLSP (City of Tustin, 2025c). Implementation of the TLSP 2025 SPA would not cause impacts to biological resources that were not previously analyzed in the 2001 FEIS/EIR or other subsequent documents. As noted above, the CDFW approved a pond turtle relocation and mitigation plan for the TLSP area, and all turtles have been relocated. Previously approved Mitigation Measures BIO-1, BIO-2, BIO-3, and BIO-4 would also be applicable to the TLSP 2025 SPA. Implementation of the TLSP 2025 SPA would not result in new impacts to any special status species or their habitats, and mitigation measures would reduce impacts to a less-thansignificant level. The TLSP 2025 SPA would allow the development of future housing by-right on various parcels within the TLSP 2025 SPA site if certain conditions are met, and therefore, additional CEQA documentation would not need to be conducted. Therefore, Mitigation Measure BIO-5 was included to require an updated site survey at the time of future development to confirm site conditions are consistent with previous findings and that additional impacts wouldn’t occur as a result of the TLSP 2025 SEIR. The 2025 SEIR determined that no new significant impacts on candidate, sensitive, or special status species; or on riparian habitat or federally protected wetlands would occur. Finally, the 2025 TLSP SEIR determined that the TLSP 2025 SPA would not conflict with the NCCP/HCP or any other local policies or ordinances protecting biological species. Therefore, the 2025 SEIR determined that impacts to biological resources would be consistent with determinations made by previous CEQA documents and impacts to biological resources would be less than significant with previously approved Mitigation Measures BIO-1 through BIO5.

TLSP 2017 SEIR Applicable Mitigation Measures
2017 SEIR MM BIO-1. The project proponents of any development affecting jurisdictional waters of the U.S. or vegetated wetlands shall obtain Section 401, Section 404, Section 1602, and other certifications, approvals, and permits, as necessary. Copies of the necessary state and federal permits shall be provided to the City prior to the issuance of mass or grading permits for grading activities impacting jurisdictional areas. A replacement ratio for affected wetland resources shall be determined in consultation with regulatory agencies as part of the permitting process and shall be no less than 1:1 replacement of function and value. Additional criteria and requirements will be as follows:
• Create (establish), restore, or enhance wetland/riparian habitats on-site to the maximum extent practicable to minimize and replace the on-site loss of USACE and CDFG jurisdictional acreage and function, or off-site as may be permitted by the USACE and CDFG. • To return jurisdictional habitats that are temporarily disturbed during construction to preconstruction conditions.
• To provide for maintenance, management and monitoring of the mitigation site or sites for a minimum of three years as determined through the permitting process.

TLSP 2025 SEIR Applicable Mitigation Measures
TLSP 2025 SEIR MM BIO-5. Biological surveys shall be conducted by a qualified biologist to determine the potential for special status species within the project site for all future projects at the time that development is proposed. The project-level biological survey report shall analyze these projects’ impacts on sensitive animal species and shall propose mitigation to reduce project impacts to a less than significant level. 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? The TLSP 2025 SEIR concluded that with the inclusion of Mitigation Measures BIO-2, BIO-3, BIO-4, and BIO5, the upzoning of residential units would result in less than significant impacts to candidate, sensitive, or special status species (City of Tustin, 2025c). The burrowing owl was listed as a candidate species after Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 66
completion of the TLSP 2025 FEIR. However, with implementation of Mitigation Measure BIO-5, preconstruction surveys would be required prior to grading to ensure biological conditions remain consistent with previous biological surveys.

Impacts Associated with the Proposed Project
No New Impact. The Project site consists of approximately 6.14 acres that were previously analyzed in the TLSP 2025 SEIR. The Project site is disturbed and graded and does not contain existing vegetation. Implementation of the Project is unlikely to cause impacts to biological resources due to the existing conditions and minimal vegetation on the Project site. In addition, TLSP 2025 SEIR MM BIO-5 has been included to require biological surveys at the time of future development which would be reviewed by the City to confirm site conditions are consistent with previous findings and additional impacts wouldn’t occur as a result of the proposed Project. Biological surveys, including burrowing owl pre-construction surveys, if determined to be required, shall be submitted prior to the issuance of grading permits. In the event that biological conditions not covered within this addendum are identified, additional CEQA analysis would be conducted to determine whether impacts are consistent with the TLSP FEIR record and meet criteria under CEQA Guidelines Section 15162.

As such, implementation of the Project would not result in new impacts to any special status species or their habitats. No new impact would occur in relation to biological resources and there is no change from what was analyzed in the TLSP 2025 SEIR.
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?
The TLSP 2025 SEIR concluded that with the inclusion of Mitigation Measure BIO-1, impacts to riparian habitat or other sensitive natural communities would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The jurisdictional delineation conducted for the 2001 FEIS/EIR identified Waters of the US and wetlands protected under the federal Clean Water Act; but not Waters of the State or riparian habitats jurisdictional to CDFW. The 2006 Addendum identified 0.8 acres of riparian habitat. The previously approved 2006 Addendum also shows that jurisdictional waters were previously mapped within the TLSP area. The TLSP 2025 SEIR also completed a biological records search and did not identify new sensitive natural communities that could be impacted. However, as mentioned previously, a biological assessment and survey would be conducted prior to grading permits to ensure there are no sensitive biological resources within the Project site.

In compliance with 2017 SEIR MM BIO-1, the Project would be required to obtain permits from CDFW, the Regional Water Quality Control Board (RWQCB), and the US Army Corps of Engineers (Corps). However, according to the 2024 Annual Mitigation Monitoring Report, the City already has existing 401(RWQCB), 404 (Corps), and 1602 (CDFW/CFG) permits for the Project area, which the applicant would be required to comply with and coordinate with the City on, respectively.

With implementation of 2017 SEIR MM BIO-1, impacts to riparian habitat or other sensitive natural community would be reduced to a less than significant impact. As such, implementation of the Project would not result in new impacts to any special status species or their habitats. No new impact would occur and there is no change from the previous analysis.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 67
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?
The TLSP 2025 SEIR concluded that with the inclusion of Mitigation Measure BIO-1, impacts to wetlands would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The jurisdictional delineation conducted for the 2001 FEIS/EIR identified Waters of the US and wetlands protected under the federal Clean Water Act. The previously approved 2006 Addendum also identified 0.68 acres of federally protected wetlands within the TLSP area and identified mitigation measures to reduce impacts. The development area for the proposed Project is within the TLSP area which was previously analyzed in the TLSP 2025 SEIR. As mentioned previously, the Project would be required to obtain permits from CDFW, the RWQCB, and the Corps. However, according to the 2024 Annual Mitigation Monitoring Report, the City has 401(RWQCB), 404 (Corps), and 1602 (CDFW/CFG) permits for the Project area, which the applicant would be required to comply with and coordinate with the City on, respectively.

Therefore, with implementation of MM BIO-1, impacts to federally protected wetlands would be less than significant. As such, implementation of the Project would not result in new impacts to wetlands. No new impact would occur and there is no change from the previous analysis. 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?
The TLSP 2025 SEIR determined that impacts to the movement of any native residents or migratory wildlife would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. Existing vegetation onsite is limited and the Project site has been graded. Previous environmental documents prepared determined that the Project area does not support wildlife movement or a wildlife corridor due to surrounding development and lack of available habitat. Additionally, as mentioned previously, a biological survey would be conducted prior to any grading activities to confirm the absence of biological resources. Therefore, implementation of the Project would not interfere with wildlife movement, and no new impact would occur. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
The TLSP 2025 SEIR determined that impacts related to local polices and ordinances would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The TLSP 2025 SEIR concluded there are no local policies protecting biological resources that buildout of the TLSP would conflict with. Given that the City’s General Plan was updated in 2018, the TLSP 2025 SEIR prepared a consistency table for 2018 General Plan policies that protect biological resources and determined that the TLSP would not conflict with goals and policies identified in the updated General Plan. No additional biological resource policies have been adopted since the adoption of the 2025 TLSP SEIR, therefore the Project would not interfere with local policies or ordinances protecting biological resources, and no new impact would occur. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.

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f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The TLSP 2025 SEIR determined that impacts related to conservation plans would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The TLSP 2025 SEIR concluded that the TLSP area is within the plan area of the Orange County Central-Coastal NCCP/HCP; however, the Project site is not within a reserve established under the NCCP/HCP. The plan identifies and prioritizes potential restoration areas within the reserve and provides detailed information on the most effective methods of associated costs of restoration activities. Additionally, the Orange County Transportation Authority (OCTA) prepared a NCCP/HCP as a mechanism to offset potential project‐related effects on threatened and endangered species and their habitats in a comprehensive manner. The OCTA NCCP/HCP was finalized in the Spring of 2017 and covers 13 listed and non‐listed species including: plants: intermediate mariposa lily, many‐stemmed dudleya, and southern tarplant; fish: arroyo chub; reptiles: coast horned lizard, orangethroat whiptail, and western pond turtle; birds: cactus wren, coastal California gnatcatcher, least Bell’s vireo, and southwestern willow flycatcher; and mammals: bobcat and mountain lion. The OCTA NCCP/HCP is applicable to the areas acquired for conservation purposes, as well as any projects that would occur within OCTA right-of-way. While the Project would not directly impact OCTA right-of-way, the proposed Project would be required to prepare a biological assessment and survey prior to grading permit approvals (TLSP 2025 SEIR MM BIO-5) as mentioned previously to ensure there are no sensitive biological resources within the Project site including the above-listed species which would demonstrate consistency with the OCTA NCCP/HCP. In the event that biological conditions not covered within this addendum are identified, additional CEQA analysis would be conducted to determine whether impacts are consistent with the TLSP FEIR record and meet criteria under CEQA Guidelines Section 15162.

Project site is anticipated to result in less than significant impacts to sensitive species covered under the NCCP/HCP applicable to the area. Further, the Project site is not located in an area proposed for conservation establishment. Thus, the proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR .

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate proposed Project impacts or mitigation measures regarding energy. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was certified as completed.

Plans, Programs, or Policies (PPPs)
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 69
None.

Project Design Features (PDFs)
None.

TLSP 2017 SEIR Mitigation Measures Applicable to the Proposed Project:
2017 SEIR MM BIO-1: As listed above.

TLSP 2025 SEIR Mitigation Measures Applicable to the Proposed Project:

TLSP 2025 SEIR MM BIO-5: As listed above.

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5.4. ENERGY
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
a) Result in potentially significant environmental
impacts 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?
Impacts Identified in Previous Environmental Documentation • The 2001 EIR/EIS and the TLSP 2017 SEIR did not include a standalone Energy analysis, as CEQA Guidelines had not yet been amended to require detailed energy evaluations at the time those documents were prepared.
• The TLSP 2025 SEIR concluded that, with implementation of the existing California Energy Code (Code of Regulations, Title 24 Part 6), the TLSP 2025 SPA would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during construction or operation, and impacts would be less than significant. • During construction, buildout of the TLSP 2025 SPA would consume approximately 722,247.3 gallons of diesel fuel per year and approximately 1,797,763.8 gallons of gasoline per year, which is an increase of 158,694.6 gallons of diesel fuel per year and approximately 828,461.5 gallons of gasoline per year over buildout of the existing TLSP.
• During operations, vehicle trips associated with the buildout of the TLSP 2025 SPA have been estimated to increase the annual fuel use in Orange County by approximately 0.8 percent for gasoline and approximately 0.6 percent for diesel. Fuel consumption associated with vehicle trips generated by the TLSP 2025 SPA were determined to not be inefficient, wasteful, or unnecessary in comparison to other similar developments in the region.
• The TLSP 2025 SEIR determined that the TLSP 2025 SPA would not conflict with any plan for renewable energy or energy efficiency, and no impacts would occur. • In regard to cumulative impacts, the TLSP 2025 SEIR determined that, with implementation of existing energy conservation regulations, cumulative electricity and natural gas consumption would not be cumulatively wasteful, inefficient, or unnecessary. Additionally, the consumption of petroleum would not occur in a wasteful, inefficient, or unnecessary manner and would be less than cumulatively considerable because state fuel efficiency standards and alternative fuels policies (per AB 1007 Pavely) would contribute to a reduction in fuel use, and the Federal Energy Independence and Security Act and the Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 71
State Long Term Energy Efficiency Strategic Plan would reduce reliance on non-renewable energy resources.

TLSP 2025 SEIR Applicable Mitigation Measures
None.
a) Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? The TLSP 2025 SEIR determined that impacts related to wasteful, inefficient, or unnecessary consumption of energy resources would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact.

Construction
Construction of the proposed Project would consume energy 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.

Construction activities related to the development of the site for new senior residential uses would be permitted to require compliance with existing fuel standards, machinery efficiency standards, and CARB requirements that limit idling of trucks. Truck idling is regulated by CCR Title 13, Motor Vehicles, Section 2449(d)(3) Idling, that limits idling times of construction vehicles to no more than 5 minutes, thereby precluding unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment.

Additionally, 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 during the City’s construction permitting process. Compliance with existing CARB idling restrictions and the use of newer engines and equipment would reduce fuel combustion and energy consumption.

As indicated in Table E-1, Estimated Construction Energy Usage, buildout of the TLSP would consume approximately 722,247.3 gallons of diesel fuel per year and approximately 1,797,763.8 gallons of gasoline per year during construction.

Table E-1: Estimated Construction Energy Usage
Energy Type Total Energy Consumption Annual Energy Consumption Diesel Fuel (total gallons) 14,444,946.8 722,247.3
Gasoline (total gallons) 35,955,276.2 1,797,763.8
Note: The annual energy consumption was calculated by averaging the total energy consumption over the 20-year buildout period.

Source: TLSP 2025 SEIR
The proposed Project would introduce 142,566 SF of non-residential uses and 172 residential units within Neighborhood D South, which allows a maximum buildout of 606,00 SF of non-residential uses and a total of 2,427 (including density bonus units) residential units. Therefore, assumptions for energy consumption Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 72
during construction of the proposed Project have already been analyzed and implementation of the proposed Project would result in no new impacts.

Through compliance with existing standards, the Project would not result in a greater demand for fuel on a per-development basis than other development projects in Southern California. There are no unusual Project characteristics that would cause the use of less energy-efficient construction equipment compared with other similar construction sites in other parts of the State. Therefore, construction-related fuel consumption by the Project would not result in inefficient, wasteful, or unnecessary energy use compared with other construction sites in the region, and impacts would be less than significant. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.

Operation
Once operational, the Project would consume electricity, natural gas, and petroleum. Operational use of energy includes the heating, cooling, and lighting of the building, water heating, operation of electrical systems and plug-in appliances, parking lot and outdoor lighting, and the transport of electricity, natural gas, and water to the areas where they would be consumed. This use of energy is typical for urban development, and no operational activities or land uses would occur that would result in extraordinary energy consumption.

As indicated in Table E 2, Estimated Operational Energy Usage at Buildout, buildout of the TLSP would consume approximately 82,337,291 kWh per year of electricity, 1,946,109 therms per year of natural gas, 9,171,101.2 gallons per year of gasoline, and 965,303.8 gallons per year of diesel fuel. Since the proposed Project would introduce 142,566 SF of non-residential uses and 172 residential units within Neighborhood D South, and a maximum of 606,000 SF of non-residential uses and 2,427 residential units (including density bonus units) were previously approved for Neighborhood D in the TLSP 2025 SEIR, the impacts of the proposed Project have already been analyzed. Therefore, implementation of the proposed Project would result in no new impacts.

Table E-2: Estimated Operational Energy Usage at Buildout Energy Type Annual Energy Consumption
Electricity Consumption (kWh/year) 82,337,291
Natural Gas Consumption (therms/year) 1,946,109
Gasoline (gallons/year) 9,171,101.1
Diesel Fuel (gallons/year) 965,303.8
Notes: kWh: kilowatts
Source: TLSP 2025 SEIR
The State of California provides a minimum standard for building design and construction standards through Title 24 of the California Code of Regulations (CCR). Compliance with Title 24 is mandatory at the time new building permits are issued by the City that the Project shall comply with the adopted California Energy Code (Code of Regulations, Title 24 Part 6). The City’s administration of the Title 24 requirements includes review of design components and energy conservation measures 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 (HVAC) equipment; 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 periods would be minimized, and impacts on statewide and regional energy needs would be reduced.

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The Project is within the scope of the buildout assumptions for the TLSP, as analyzed in the TLSP 2025 SEIR and no new impacts related to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation would occur.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? The TLSP 2025 SEIR determined that there would be no impact related to obstruction of state or local plans for renewable energy or energy efficiency (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. Proposed development projects pursuant to the TLSP 2025 SEIR would be required to meet the CCR Title 24 energy efficiency standards in effect during the permitting process. The Title 24 Building Energy Efficiency Standards are designed to ensure new and existing buildings achieve energy efficiency and preserve outdoor and indoor environmental quality. The California Energy Commission is responsible for adopting, implementing and updating building energy efficiency. The City’s administration of the CCR 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. In addition, the Project would not conflict with or obstruct opportunities to use renewable energy, such as solar energy.

Further, the proposed Project would not introduce new uses compared to what was previously analyzed, therefore the Project would be consistent with policies related to renewable energy or energy efficiency listed in the City’s General Plan as analyzed in the TLSP 2025 SEIR. Thus, the proposed Project would not interfere with any existing plans and there would be no new impacts.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate proposed Project impacts or mitigation measures regarding biological resources. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was certified as completed.

Plans, Programs, or Policies (PPPs)
• California Energy Code.

Project Design Features (PDFs)
None.

Mitigation/Monitoring Required
None.

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5.5. GREENHOUSE GAS EMISSIONS
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
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?
Impacts Identified in Previous Environmental Documentation The certified 2001 FEIS/EIR did not evaluate greenhouse gas (GHG) emissions impacts because it was not included in the CEQA Guidelines Appendix G checklist, and the City of Tustin had not adopted GHG thresholds at the time of preparation. However, the TLSP 2017 and 2025 SEIR did analyze GHG emissions. • The TLSP 2017 SEIR found that annual GHG emissions associated with both the Adopted MCAS (later renamed Adopted TLSP), and the 2017 TLSP SPA would exceed the SCAQMD bright-line threshold of 3,000 MTCO2e per year. Thus, GHG impacts were determined to be significant and unavoidable. In addition, both the Adopted MCAS and 2017 TLSP SPA would also exceed the AB 32 and forecasted SB 32 efficiency metrics. However, under full buildout conditions, the 2017 TLSP SPA would reduce annual emissions by 12,239 MTCO2e per year compared to the Adopted MCAS, which represents a 5 percent overall decrease. The reductions would primarily be in the energy and transportation sectors.

For the energy sector, the reduction is attributed to the overall decrease in non-residential SF. TLSP 2017 SEIR MMs AQ-3 and AQ-4 related to non-residential projects were included to reduce potentially significant GHG emissions, which were focused on the future implementation of Transportation Demand Management (TDM) techniques. With implementation of TLSP 2017 SEIR MMs AQ-3 and AQ-4 related to non-residential project trips, impacts would remain significant and unavoidable. • The Initial Study prepared for the TLSP 2017 SEIR determined that the 2017 TLSPA would be consistent with both applicable plans adopted for the purposes of reducing GHG emissions: CARB’s 2008 Scoping Plan and SCAG’s 2012 Regional Transportation Plan & Sustainable Communities Strategy (RTP/SCS).

Therefore, impacts were determined to be less than significant. • The TLSP 2025 SEIR concluded that construction and operation of the new residential uses proposed in the TLSP 2025 SPA would generate 115,031.4 MTCO2e per year (MTCO2e/yr), an increase of approximately 35,133.7 MTCO2e/yr over buildout of the existing TLSP which would exceed the SCAQMD threshold of 3,000 MT CO2e/yr. The TLSP 2025 SEIR concluded that 2017 SEIR MMs AQ-3, MM AQ-4, MM AQ-5; TLSP 2025 SEIR MM AQ-1 through MM AQ-4, and TLSP 2025 SEIR MM GHG-1 Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 75
through MM GHG-3 would contribute to GHG emission reductions, however, impacts related to GHG emissions from the TLSP 2025 SEIR would remain significant and unavoidable. • Regarding consistency with an applicable plan, policy, or regulation, the TLSP 2025 SEIR identified less than significant impacts with implementation of the existing Title 24 requirements. • The TLSP 2025 SEIR concluded that, because the estimated increase in GHG emissions from buildout of the proposed TLSP Amendment would exceed the 3,000 MTCO2e/yr screening threshold, cumulative impacts from the TLSP 2025 SPA would be significant and cumulatively considerable.

TLSP 2017 SEIR Applicable Mitigation Measures
2017 SEIR MM AQ-5: As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR Applicable Mitigation Measures
TLSP 2025 SEIR MM AQ-1: Vehicle Trip Reduction. As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR MM AQ-2: Prohibition of Fireplaces. As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR MM AQ-3: Electric Landscape Equipment. As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR MM GHG-1: Solar Panels. Projects shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity generation onsite, based on the maximum roof area available for solar (i.e., solar-ready zone). The solar-ready zone shall in the minimum, comply with Section 110.10 of the 2022 California Energy Code and shall comply with access, pathway, ventilation, and spacing requirements, and exclude skylight area.

The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the offsite export, the Projects may utilize a battery energy storage system (BESS) to lower offsite export while maintaining onsite renewable generation to offset consumption. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed.

TLSP 2025 SEIR MM GHG-2: LEED/CalGreen Tier 2 Charging Stations. Prior to the issuance of building permits, project applicant or successor in interest shall provide documentation to the City of Tustin demonstrating the following:
• The project shall be designed to achieve Leadership in Energy and Environmental Design (LEED) certification to meet or exceed CALGreen Tier 2 standards in effect at the time of building permit application in order to exceed 2022 Title 24 energy efficiency standards. • The project shall provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Non-residential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code.

TLSP 2025 SEIR MM GHG-3: Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Tustin shall verify implementation of this requirement.

Installation of electric Energy Star–certified or equivalent appliances shall be verified by the Planning and Building Department during plan check.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 76
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
The TLSP 2025 SEIR concluded that GHG emissions associated with buildout of the 2025 TLSPA were determined to be significant and unavoidable. (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project would generate GHG emissions from construction and operational activities. Construction emissions would occur from equipment exhaust, worker trips, and material hauling.

Operational emissions would result from mobile sources (i.e., vehicle trips) and energy consumption on-site.

The proposed Project would develop 142,566 SF of non-residential institutional uses and 172 residential units which are within the maximum scope of the 606,000 SF of non-residential development and 2,427 residential units (including density bonus units) allowed within Neighborhood D South and analyzed in the TLSP 2025 SEIR. As described in the TLSP 2025 SEIR, buildout of the 2025 TLSPA, including buildout of Neighborhood D South would exceed the SCAQMD threshold of 3,000 MT CO2e/yr. Given that the Project is within the buildout assumptions of the TLSP 2025 SEIR, GHG emissions would result in a significant and unavoidable impact.

To reduce construction emissions, however, the Project would be required to implement TLSP 2017 SEIR MM AQ-5, which requires the use of equipment meeting CARB Tier 4 emissions standards or higher for off-road diesel-powered construction equipment with more than 50 horsepower during construction activities.

Additionally, TLSP 2025 SEIR MM AQ-1 through SEIR MM AQ-4 , as previously described above have been incorporated to reduce air quality impacts and GHG emissions. Compliance with TLSP 2025 SEIR MM GHG1 which requires installation of photovoltaic solar panels; TLSP 2025 SEIR MM GHG-2 which requires new development projects meet or exceed CALGreen Tier 2 standards with charging stations; and TLSP 2025 SEIR MM GHG-3 which requires use of energy efficient appliances would also be required to further reduce emissions.

Given that the Project’s within the scope of the maximum buildout assumptions analyzed for Neighborhood D South by the TLSP 2025 SEIR, GHG emissions from the proposed Project would not result in any new or substantially greater impacts than those previously disclosed. Impacts would remain consistent with the conclusions of the TLSP 2025 SEIR.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
The TLSP 2025 SEIR concluded that implementation of the TLSP would not conflict with any applicable plan, policy, or regulation related to the reduction of GHG emissions, and impacts were determined to be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project would not conflict with any applicable plan, policy, or regulation adopted to reduce GHG emissions. It would be consistent with the CARB Scoping Plan, which sets statewide strategies to meet the goals of Assembly Bill (AB) 32. The Project would incorporate design features and regulatory compliance that align with CARB’s recommended GHG reduction measures.

The Project would be implemented pursuant to the CALGreen Building/Title 24 requirements, as adopted by reference in the TCC. Title 24 measures include insulation; use of energy-efficient heating, ventilation, and air conditioning equipment; 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, and solar infrastructure. In complying with the Title 24 standards, the Project would Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 77
implement regulations that reduce GHG emissions. The Project area is served by bus transit services and the Project would include sidewalks and pedestrian crossings for all of the onsite roadways, which would encourage non-motorized travel, which reduces GHG emissions.

Therefore, the proposed Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing GHG emissions, and impacts would be less than significant consistent with the TLSP 2025 SEIR. No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR.

Conclusion
Based on the foregoing, none of the conditions set forth in CEQA Guidelines Section 15162 that would necessitate preparation of a subsequent or supplemental EIR, or other environmental document, are present with respect to GHG emissions. Specifically, there have not been: (1) changes to the Project or its development that would result in new significant environmental effects or a substantial increase in the severity of previously identified impacts; (2) substantial changes in the circumstances under which the Project is undertaken that would require major revisions to the Final EIR due to new or more severe impacts; or (3) the availability of new information of substantial importance that was not known and could not have been known at the time the TLSP 2025 SEIR was certified.

Accordingly, because none of the criteria in Section 15162 are met, additional environmental review under CEQA Guidelines Section 15168 is not required. The Project remains within the scope of the TLSP 2025 SEIR as it relates to GHG emissions.

Plans, Programs, or Policies (PPPs)
• California Assembly Bill 1493 (Pavley)
• California Executive Order S-3-05
• Assembly Bill 32 (Global Warming Solutions Act of 2006) • Senate Bill 375 (Steinberg)
• California Executive Order B-30-15
• Assembly Bill 1279 (Carbon Neutrality)
• California Energy Code
• California Green Building Standards Code
Project Design Features (PDFs)
None.

TLSP 2017 SEIR Mitigation Measures Applicable to the Proposed Project:
2017 SEIR MM AQ-5: As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR Mitigation Measures Applicable to the Proposed Project:

TLSP 2025 SEIR MM AQ-1: Vehicle Trip Reduction. As listed previously in Section 5.1, Air Quality.

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TLSP 2025 SEIR MM AQ-2: Prohibition of Fireplaces. As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR MM AQ-3: Electric Landscape Equipment. As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR MM AQ-4: Low VOC Paint (Operations). As listed previously in Section 5.1, Air Quality.

TLSP 2025 SEIR MM GHG-1: Solar Panels. As listed above.

TLSP 2025 SEIR MM GHG-2: LEED/CalGreen Tier 2 Charging Stations. As listed above.

TLSP 2025 SEIR MM GHG-3: Energy Efficient Appliances. As listed above.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 79

5.6. LAND USE AND PLANNING
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due
to conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
Impacts Identified in Previous Environmental Documentation • The 2001 FEIS/EIR determined that the TLSP required amendments to the cities of Tustin and Irvine General Plans and Zoning Ordinances. The 2001 FEIS/EIR found that the intensification and change of land uses pursuant to the MCAS Tustin Specific Plan could create land use incompatibilities with surrounding land uses and internal incompatibilities within the TLSP area. Mitigation measures were incorporated requiring the City of Tustin and the City of Irvine to amend their General Plan and Zoning Ordinance to be consistent with the TLSP. The measures also require that the appearance of future development on the site is similar to other master planned areas adjacent to the specific plan area. • In 2001, the City of Tustin adopted a General Plan land use designation “MCAS Tustin Specific Plan,” and the MCAS Tustin Specific Plan was adopted on February 3, 2003 (Ordinance 1257). As described previously, the MCAS Tustin Specific Plan established the zoning designations, development standards, and entitlement framework for future development in the Specific Plan area. • The TLSP 2017 SEIR analyzed the TLSP 2017 SPA consistency with the Tustin General Plan, SCAG 2016– 2040 RTP/SCS, and the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. Overall, the SEIR determined that the 2017 SEIR would be consistent with all applicable land use plans. • The TLSP 2025 SEIR analyzed consistency with the Tustin General Plan, SCAG 2024-2050 Regional RTP/SCS (Connect SoCal 2024), and the AELUP for John Wayne Airport. Overall, the SEIR determined that the TLSP 2025 SPA would have less than significant impact with implementation of 2001 FEIS/EIR (referred to as the MCAS FEIR/EIS in the TLSP 2025 SEIR) and existing regulatory programs. • In regard to cumulative impacts, the TLSP 2025 SEIR concluded that cumulative impacts would be less than significant. Overall, the TLSP 2025 SPA, in combination with buildout of the Tustin General Plan, was determined to be a desired and intended impact of the policies outlined in the General Plan and 2016–2040 RTP/SCS. Additionally, potential future development implemented within the TLSP would be required comply with existing 2001 FEIR/EIS (a) through (x), which establish requirements for future planning, funding, and implementation of expanded amenities, utilities, and services as a result of Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 80
anticipated growth. Therefore, it was determined that the Approved Project would result in a less than significant project-level impact and impacts would not be cumulatively considerable. 2001 FEIR/EIS Applicable Mitigation Measures
The TLSP 2025 SEIR identified the following measures from the 2001 FEIS/EIR (referred to as the MCAS FEIR/EIS in the TLSP 2025 SEIR) that are applicable to future development within the TLSP:
(a) The City of Tustin or City of Irvine, as appropriate, shall ensure that infrastructure is constructed in phases as triggered by identified thresholds in Table 4-2 of the revised Specific Plan Phasing Plan, Phasing Plan Requirements (see Table 4-2 at the end of this Mitigation Monitoring and Reporting Program). The Phasing Plan provides an organizational framework to facilitate development of the reuse plan area in tandem with infrastructure necessary to support the planned development. (As amended by Addendum)
This framework reflects the fact that each component of the infrastructure has its own threshold for accommodating additional development toward build out of the reuse plan area. The triggering mechanisms that identify timing of key infrastructure provisions are summarized in Table 4-2 of the revised Specific Plan Phasing Plan, Phasing Plan Requirements (see Table 4-2 at the end of this Mitigation Monitoring and Reporting Program).
(b) Prior to a final map recordation (except for financing and re-conveyance purposes), the development applicant shall enter into an agreement with the City of Tustin and City of Irvine and any appropriate regional utility agencies, districts, and providers, as applicable, to dedicate all easement, right-of-ways, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project as determined by the City, Agency, District, or other providers.
(c) Prior to any final map recordation (except for financing and conveyance purposes), the development applicant shall enter into a secured agreement with the cities of Tustin and/or Irvine, as applicable, to participate on a pro-rated basis in construction of capital improvements necessary to provide adequate utility facilities.
(d) Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin and City of Irvine, as applicable, information from IRWD which outlines required facilities necessary to provide adequate potable water and reclaimed water service to the development.
(e) Prior to the issuance of building permits, the project developer shall ensure that fire hydrants capable of flows in amounts approved by the OCFA are in place and operational to meet fire flow requirements. (As amended by Addendum)
(f) Prior to the issuance of permits for any public improvements or development project, a development applicant shall submit to the City of Tustin and City of Irvine, as applicable, information from IRWD or the City of Tustin which outlines required facilities necessary to provide adequate sanitary sewage service to the development.
(g) Prior to the issuance of grading permits or approval of any subdivision map (except for financing and re-conveyance purposes), whichever occurs first, for development within the 100 year flood plain, grading and drainage systems shall be designed by the project developer such that all building pads would be safe from inundation from runoff from all storms up to and including the theoretical 100 year storm, to the satisfaction of the City of Tustin Building Division or the Irvine Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 81
Public Works Department, as applicable. Grading permits or subdivision maps generated for financing and conveyance purposes are exempt.
(h) Prior to construction of regional flood control facilities, appropriate state and federal approvals, including agreements and permits, shall be obtained. These include but are not limited to Regional Water Quality Control Board permits, including NPDES permits; Section 401 water quality certifications; Section 404 permits from the USACOE, and Section 1601 or 1603 agreements from the CDFG in a manner meeting the approval of the City of Tustin and the Irvine Public Works Department, as applicable.
(As amended by Addendum)
(i) Prior to issuance of any grading permit or approval of any subdivision map (except for financing and conveyance purposes), for any development that is either partially or completely located within the 100 year flood plain of the Flood Insurance Rate Map, the development applicant shall submit all required documentation to the FEMA and demonstrate that the application for a Conditional Letter of Map Revision for changes to the 100 year flood plain is satisfied in a manner meeting the approval of each respective city, as applicable.
(j) Prior to the approval of any applicable subdivision map (except for financing and conveyance purposes), the developer applicant shall design and construct local drainage systems for conveyance of the 10 year runoff. If the facility is in a local sump, it shall be designed to convey the 25 year runoff.
(k) Prior to any grading for any new development, the following drainage studies shall be submitted to and approved by the City of Tustin, City of Irvine, and/or OCFCD, as applicable:
(1) A drainage study including diversions (i.e., off site areas that drain onto and/or through the project site), with justification and appropriate mitigation for any proposed diversion. (2) A drainage study evidencing that proposed drainage patterns would not result in increased 100 year peak discharges within and downstream of the project limits, and would not worsen existing drainage conditions at storm drains, culverts, and other street crossings including regional flood control facilities. The study shall also propose appropriate mitigation for any increased runoff causing a worsening condition of any existing facilities within or downstream of project limits. Implementation of appropriate interim or ultimate flood control infrastructure construction must be included.
(3) Detailed drainage studies indicating how, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, building pads are made safe from runoff inundation which may be expected from all storms up to and including the theoretical 100 year flood. (l) Prior to approval of any subdivision map (except for financing or conveyance purposes), an agreement will be executed with the OCFCD that provides for the identification and contribution of a project specific Fair Share contribution toward the construction of ultimate flood control facilities needed to accommodate build out of the affected project. Interim flood control facilities may be considered for approval provided such facilities meet OCFCD requirements. Nothing shall preclude the City of Tustin from transferring the obligation onto other project developers within the project area.
(m) General
The City of Tustin and the City of Irvine, each within its respective jurisdiction, shall ensure that adequate fire protection, police protection, libraries, and parks and recreation facilities (including Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 82
bikeways/trails) needed to adequately serve the reuse plan area shall be provided as necessary.

To eliminate any negative impact the project could have on each community's general fund, financing mechanisms including but not limited to developer fees, assessment district financing, and/or tax increment financing (in the event that a redevelopment project area is created for the site), shall be developed and used as determined appropriate by each City. Specifically; (1) Applicants for private development projects shall be required to enter into an agreement with City of Tustin or the City of Irvine, as applicable, to establish a fair share mechanism to provide needed fire and police protection services, libraries, and parks and recreation facilities (including bikeways) through the use of fee schedules, assessment district financing, Community Facility District financing, or other mechanisms as determined appropriate by each respective city.
(2) Recipients of property through public conveyance process, or other conveyance procedures, shall be required to mitigate any impacts of their public uses of property on public services and facilities. (As amended by Addendum)
(n) The cities of Tustin and Irvine shall jointly consult and coordinate with the Orange County Parks, Program Management and Coordination Division, in preparation of trail designs for the Peters Canyon and Barranca trails within the reuse plan area. Improvements for each of these trails would be installed upon completion of flood control channel improvements and approval of their joint use by the OC Parks.
(o) Fire Protection/Emergency Medical Services
Prior to the first final map recordation or building permit issuance for development (except for financing and re-conveyances purposes), the project developer could be required to enter into an agreement with the City of Tustin or City of Irvine/OCFA, as applicable, to address impacts of the project on fire services. Such agreement could include participation for fire protection, personnel and equipment necessary to serve the project and eliminate any negative impacts on fire protection services.
(p) Prior to issuance of building permits, the project developer shall work closely with the OCFA to ensure that adequate fire protection measures are implemented in the project. (q) Prior to issuance of building permits for phased projects, the project developer shall submit a construction phasing plan to the OCFA demonstrating that emergency vehicle access is adequate. (r) Prior to the issuance of building permits, the project developer shall submit a fire hydrant location plan for the review and approval of the Fire Chief and ensure that fire hydrants capable of flows in amounts approved by the OCFA are in place and operational to meet fire flow requirements. (s) Police Protection
Prior to issuance of building permits, the project developer shall work closely with the respective Police Department to ensure that adequate security precautions are implemented in the project. (t) Schools
Prior to the issuance of building permits, the project developer shall submit to the respective City proof of payment of appropriate school fees adopted by the applicable school district pursuant to Government Code Section 65995. Alternatively, a project developer may enter into a mutual agreement with an applicable school district to provide alternative mitigation that addresses student generation increases.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 83
(As amended by Addendum)
(u) Parks and Recreation
Prior to the first final map recordation (except for financing and re-conveyance purposes) or building permit issuance for development within the City of Tustin portion of the site, the project developer shall be required to provide evidence of compliance with all requirements and standards of the City of Tustin Park Code.
(v) Prior to the first final map recordation or building permit issuance within the City of Irvine portion of the site, the project developer shall be required to provide evidence of compliance with all requirements and standards of the City of Irvine Park Code. (w) Prior to the first concept plan for tentative tract map in the City of Tustin, the project developer shall file a petition for the creation of a landscape maintenance district for the project area with the City of Tustin. The district shall include public neighborhood parks, landscape improvements, and specific trails (Barranca only), the medians in arterials, or other eligible items mutually agreed to by the petitioner and the City of Tustin. In the event that a district is not established prior to issuance of the first building permit, maintenance of items mentioned above shall be the responsibility of a community association.
(x) Prior to approval of any subdivision map (except for financing or conveyance purposes), an agreement will be executed with the following agencies for the associated trail improvements:
a. County Parks — identification of a project specific Fair Share contribution toward the installation of necessary regional bikeway trail improvements within Peters Canyon Channel, to be installed in conjunction with the County of Orange's other channel improvements; b. City of Tustin — the identification of a project specific Fair Share contribution toward the installation of Class II bicycle trails through the project site. For the area of the site northeast of Irvine Center Drive, a separate agreement would be required to ensure the provision of a bikeway rightof-way easement, and design and construction of a bike trail along the SCRRA/OCTA rail tracks from Harvard Avenue westerly to the Peters Canyon Channel. In addition, project developers of the areas of the site southeast of the Peters Canyon Channel would need to accommodate access to both the Peters Canyon Trail and the trail adjacent to the SCRRA/OCTA tracks in any project site design including dedication of any necessary recreational trail easements; c. City of Tustin — the identification of a project specific Fair Share contribution toward installation of Class I bikeway trail improvements northerly of Barranca Parkway after completion of the Barranca Channel improvements. For proposed developments adjacent to Barranca Channel, separate agreements would be required to ensure the establishment of a bikeway right-of-way easement between Jamboree Road and Red Hill Avenue.
a) Physically divide an established community?
The TLSP 2025 SEIR concluded that impacts related to the physical division of an established community would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project would be developed to be consistent with the General Plan, TLSP, and zoning designations and would not introduce roadways or other infrastructure improvements that would bisect or transect the Project site or surrounding area. Further, the proposed residential uses would be compatible with the surrounding land uses. Furthermore, access to the site would be provided by 27-foot- Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 84
wide driveways from Veterans Road and John Johnson Way. Thus, impacts related to physically dividing an established community would not occur from the proposed Project.

No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR. Thus, the proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The TLSP 2025 SEIR concluded that the TLSP 2025 SPA, through the implementation of mitigation measures and existing policies, would not conflict with existing land use plans, policies, and regulations and impacts would be less than significant with mitigation (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The documents regulating land use for the Project site include the TLSP, the City’s General Plan, SCAG 2024 RTP/SCS, Airport Environs Land Use Plan (AELUP) for John Wayne Airport, and the TCC.

The proposed Project’s consistency with these planning documents is described below.

General Plan. The Project site is designated as TLSP by the City’s General Plan. The proposed Project would remain consistent with the TLSP, and therefore, would be consistent with the General Plan and corresponding policies.

TLSP. The Project site is designated as Mixed-Use Urban by the TLSP. The proposed Project would develop 142,566 SF of non-residential uses and 172 residential units, which is within the maximum buildout assumptions analyzed in the TLSP 2025 SEIR: 606,000 SF of non-residential uses and 2,427 residential units (including density bonus units) for Neighborhood D South. Further, the proposed Project would comply with TLSP goals and would remain consistent with the TLSP, as demonstrated in Table LU-1.

Table LU-1: Project Consistency with TLSP Policies
Goal, Policy, or Objective Project Consistency

1. Implement a revised land use and urban design plan
for the community that weaves the existing
development into an updated comprehensive vision
for achieving a better balance of residential,
commercial, and employment uses, well connected
by a variety of transportation modes, parks, and
open space.

Consistent. The proposed Project would be consistent
with the existing TLSP. The proposed Project is within
Neighborhood D and is consistent with the allowed uses.

The proposed Project is within an urban area which
promotes a walkable community design. The proposed
Project would introduce senior residential and assisted living units to a commercially dominated area, improving the balance of uses within Neighborhood D.

2. Preserve the Tustin Legacy Park concept from the
Adopted Specific Plan, and provide additional
design direction related to trails, recreation
activities, integration with adjacent development,
and park design features.

Consistent. The proposed Project is not within the Tustin Legacy Park site. However, the proposed Project would
provide infrastructure such as sidewalks and landscaping which would contribute to walkability in the area.

3. Implement an updated mobility plan for Tustin
Legacy that ensures a well-connected system of
roadways, pedestrian paths, bicycle routes, and bus
and shuttle routes that provide safe and convenient
access to uses within Tustin Legacy, the adjacent
Metrolink Station, and other offsite destinations.

Consistent. The proposed Project is inclusive of the
sidewalks, inlet streets, and necessary parking for
residents and guests. The proposed Project would
improve both pedestrian and vehicle mobility within
Neighborhood D of the TLSP and would not conflict with
the City’s Mobility Element.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 85
Goal, Policy, or Objective Project Consistency

4. Maintain the existing non-residential land use/trip
budget total for Tustin Legacy, while allowing for
the reallocation of trips between certain
neighborhoods, based on the revised mix of land
uses for the remaining lands owned by the City of
Tustin.

Consistent. The proposed Project would introduce
142,566 SF of non-residential institutional uses and 172 residential units. The TLSP allows for a total of 606,000 SF of non-residential uses and 2,427 residential units
(including density bonus units) within Neighborhood D
South. As such, the proposed Project is within the trip budget assumed for the TLSP. Further, as described in
Section 5.10, Transportation, the Project would not have a significant impact on VMT.

SCAG. The TLSP 2025 SEIR included a consistency analysis for both the 2020-2045 SCAG RTP/SCS and the 2024-2050 RTP/SCS. The current RTP/SCS in effect is the 2024-2050 RTP/SCS. As described previously, the Project is within the buildout assumptions analyzed in the TLSP 2025 SEIR and would remain consistent with SCAG strategies and policies.

Airport Environs Land Use Plan for John Wayne Airport. The Modified Project site is within the airport planning area for John Wayne Airport, which is approximately 2.19 miles to the southwest. The Project site is not within the airport impact zone or in airport safety compatibility zones 1 through 5, where residential and public buildings are restricted or prohibited. However, the Project site is within the AELUP-designated notification area and is subject to Federal Aviation Administration (FAA) notification and height restrictions pursuant to Federal Aviation Regulations Part 77 (FAR Part 77). However, the proposed Project would not exceed height restrictions outlined in the AELUP and therefore would not require an obstruction evaluation by FAA and the Project would not result in a hazard to airport operations. Therefore, the Project would be consistent with AELUP.

Federal Facility Site Remediation Agreement (FFSRA). A FFSRA between the Navy and the DTSC is currently in place for the former MCAS Tustin, which governs the Navy’s corrective action and response obligations under the Resource Conservation and Recovery Act and CERCLA. Under the 2025 TLSPA, hazardous conditions would continue to be handled according to the FFSRA and applicable state and federal criteria set by DTSC, EPA, and regional health authorities. The Navy has included PFAS as a pollutant under their responsibility for remediation pursuant to federal law and existing agreements. The Navy is also responsible for the cleanup of the hangar fire and ongoing remediation and monitoring. Additionally, the Navy is responsible for remediating all hazardous materials sites overlain by proposed residential uses to residential standards pursuant to existing compliance programs. The proposed Project would not conflict with the existing FFSRA. Further, the Project’s use, transport, and disposal of hazardous materials would be required to comply with existing regulations of several agencies, including the Department of Toxic Substances Control (DTSC), the EPA, California Division of Occupational Safety and Health, Orange County Environmental Health, and the Orange County Fire Authority.

Therefore, the Project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, less than significant impact. In addition, 2001 FEIR/EIS MM (a) through (v) would be implemented on an as-needed basis to reduce land use-related impacts, and would be verified by the City of Tustin during plan check review.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 86
Project impacts or mitigation measures regarding land use and planning. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was certified as completed.

Plans, Programs, or Policies (PPPs)
• Tustin City Code
• Airport Environs Land Use Plan for John Wayne Airport • Federal Aviation Regulations Part 77
• Resource Conservation and Recovery Act
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Project Design Features (PDFs)
None.

Mitigation/Monitoring Required
Final EIR mitigation measures that are applicable to the proposed Project would be implemented as intended by the TLSP 2025 SEIR. After implementation of the applicable mitigation measures, no new impacts nor substantially more severe land use impacts would result from implementation of the proposed Project; therefore, no new or revised mitigation measures are required regarding land use. 2001 FEIS/EIR Mitigation Measures Applicable to the Proposed Project 2001 FEIR/EIS MM (a): As listed above.
2001 FEIR/EIS MM (b): As listed above.
2001 FEIR/EIS MM (c): As listed above.
2001 FEIR/EIS MM (d): As listed above.
2001 FEIR/EIS MM (e): As listed above.
2001 FEIR/EIS MM (f): As listed above.
2001 FEIR/EIS MM (h): As listed above.
2001 FEIR/EIS MM (k): As listed above.
2001 FEIR/EIS MM (m): As listed above.
2001 FEIR/EIS MM (o): As listed above.
2001 FEIR/EIS MM (p): As listed above.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 87
2001 FEIR/EIS MM (q): As listed above.
2001 FEIR/EIS MM (r): As listed above.
2001 FEIR/EIS MM (s): As listed above.
2001 FEIR/EIS MM (t): As listed above.
2001 FEIR/EIS MM (u): As listed above.
2001 FEIR/EIS MM (v): As listed above.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 88

5.7. NOISE
Subsequent or Supplemental EIR Addendum to EIR
Would the project result in: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous
EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Generation of excessive groundborne
vibration or groundborne noise levels?
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?
Summary of Impacts Identified in the Previous Environmental Documentation • The 2001 FEIS/EIR concluded that noise impacts would be significant if noise levels affecting sensitive receptors exceeded thresholds established in the noise elements of the general plans for the cities of Tustin, Irvine, and Santa Ana. Sensitive receptors include residences, schools, libraries, hospitals, and recreational areas. Specifically, the 2001 FEIS/EIR defined a significant impact as an increase of 3 dB or more above existing noise levels at a sensitive receptor. • The 2001 FEIS/EIR determined that the increase in traffic levels would not result in a significant impact to roadways surrounding the Specific Plan area. However, significant noise impacts were found for residents near the extension of Tustin Ranch Road to Von Karman Avenue and to residential and park uses adjacent to Warner Avenue between Harvard Avenue and Culver Drive. • The 2001 FEIS/EIR found that future sensitive receptors developed in accordance with the Specific Plan would incorporate applicable regulations and impacts would be less than significant. • The 2001 FEIS/EIR determined that there would be a significant impact to existing onsite housing planned for reuse. Mitigation measures were incorporated to reduce noise levels below 65 dB to less-thansignificant levels.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 89
• Under the TLSP 2017 SEIR, one new noise impact was identified: traffic noise impacts along Moffett Drive from Park Avenue to Sonora Street/Meridian Way and along Valencia Avenue from Tustin Ranch Road to Park Avenue would increase compared to the Adopted TLSP. However, the analysis found that with application of noise mitigation measures from the 2001 FEIS/EIR and 2004 SEIR, which includes various noise buffering construction techniques and future construction of a soundwall along Tustin Ranch Road, impacts were determined to be less than significant with mitigation. • The TLSP 2025 SEIR determined that impacts related to generation of substantial temporary or permanent increase in ambient noise level would be less than significant with mitigation incorporated.

Given that specific details related to stationary impacts of future developments were unknown at the time of approval of the TLSP 2025 SEIR, 2017 SEIR MM N-3 would be implemented to require all future development projects to prepare project-specific plans and studies to determine whether any exterior noise sensitive areas would experience noise levels greater than 65 dBA CNEL or interior noise levels of 45 dBA CNEL; and to identify any noise reduction features for the proposed development. • In regard to cumulative impacts, the TLSP 2025 SEIR concluded that cumulative noise and vibration impacts would be less than significant. Construction-related noise would be temporary and localized, with activities limited to permitted hours under TCC Chapter 6, Section 4616. Because multiple highnoise construction activities are unlikely to occur simultaneously in close proximity, cumulative construction impacts would not be significant. In addition, cumulative traffic noise increases would be below the 3 dBA significance threshold. Therefore, cumulative noise impacts from the TLSP 2025 SPA would be less than significant.

TLSP 2017 SEIR Applicable Mitigation Measures
2017 SEIR MM N-3: For new development within the reuse area, the City of Tustin and City of Irvine, as applicable shall ensure that interior and exterior noise levels do not exceed those prescribed by state requirements and local city ordinances and general plans. Plans demonstrating noise regulation conformity shall be submitted for review and approval prior to building permits being issued to accommodate reuse. a) Generation of 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?
The TLSP 2025 SEIR concluded that the TLSP 2025 SEIR assumptions would have a less than significant impact with mitigation (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project consists of the construction of 142,566 SF of non-residential (congregate care) and 172 residential units. As described previously, the Project site is graded and is surrounded by residential and vacant land. The closest sensitive receptors are the existing townhomes approximately 72 feet south of the Project site.

City of Tustin General Plan
The City of Tustin General Plan Noise Element identifies noise criteria as outlined below in Table N-1.

Table N-1: General Plan Noise Element Standards
Land Use
Noise Standard
Interior1,2 Exterior
Residential: single-family, multi-family, duplex, mobile home 45 dBA CNEL 65 dBA CNEL3 Residential: transient lodging, hotels, motels, nursing homes, hospitals 45 dBA CNEL 65 dBA CNEL3 Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 90
Private office, church sanctuaries, libraries, boardrooms, conference rooms, theaters, auditoriums, concert halls, meeting rooms, etc. 45 dBA CNEL (12) - Schools 45 dBA CNEL (12) 67 dBA Leq (12)4
General offices, reception, clerical, etc. 50 dBA Leq (12) - Bank lobby, retail store, restaurant, typing pool, etc. 55 dBA Leq (12) - Manufacturing, kitchen, warehousing, etc. 65 dBA Leq (12) - Parks, playgrounds - 65 dBA CNEL4
Golf courses, outdoor spectator sports, amusement parks - 70 dBA CNEL4 Note: Leq (12) = A-weighted equivalent sound level averaged over a 12-hour period (usually the hours of operation) 1 Noise standard with windows closed. Mechanical ventilation shall be provided per UBC requirements to provide a habitable environment.
2 Indoor environment excluding bathrooms, toilets, closets, and corridors. 3 Outdoor environment limited to rear yard of single-family homes, multi-family patios, and balconies (with a depth of 6 feet or more) and common recreation areas.
4 Outdoor environment limited to playground areas, picnic areas, and other areas of frequent human use.

Source: TLSP 2025 SEIR
Tustin City Code
The TCC establishes the City’s standards, guidelines, and procedures concerning the regulation of operational noise. These are described specifically in Article 4, Chapter 6, Noise Control. Article 4, Chapter 6 of the TCC exempts noise from construction activities between the hours of 7:00 AM and 6:00 PM Monday through Friday, and 9:00 AM and 5:00 PM on Saturdays, excluding City-observed federal holidays and requires construction to occur within these hours.

The TCC presents permissible noise intrusion levels by land use, as shown in Table N-2, City of Tustin Exterior Noise Standards. These standards are not to be exceeded for a cumulative period of 30 minutes in any hour, by 5 dBA for a cumulative period of 15 minutes in an hour, by 10 dBA for a cumulative period of 5 minutes in any hour, by 15 dBA for a cumulative period of 1 minute in any hour, or by 20 dBA for any period of time. When the ambient noise already exceeds these standards, the allowable noise shall be increased to reflect the ambient noise accordingly.

Table N-2: City of Tustin Exterior Noise Standards
Land Use Category Time Period Noise Level
Residential 7 am to 10 pm
10 pm to 7 am
55 dBA
50 dBA
Commercial Anytime 60 dBA
Industrial Anytime 70 dBA
Institutional (e.g., hospitals, convalescent homes, schools, libraries, churches) Anytime 55 dBA Mixed Use Anytime 60 dBA
Non-Urban Anytime 70 dBA
Source: Tustin City Code
Section 4615 of the TCC contains interior noise standards for residential land uses shown in Table N-3, below.

Table N-3: City of Tustin Interior Noise Standards
Land Use Category Time Period Noise Level
Residential 7 am to 10 pm 55 dBA
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 91
10 pm to 7 am 45 dBA
Mixed Use 7 am to 10 pm
10 pm to 7 am
55 dBA
45 dBA
Source: Tustin City Code
Construction Noise
Construction activities for the residential units would include site preparation, grading, building construction, paving, and architectural coatings. As such, noise generated by construction equipment would include a combination of trucks, power tools, concrete mixers, and portable generators that can reach high levels when combined
As described above, Section 4, Chapter 6 of the TCC exempts noise from construction activities between the hours of 7:00 AM and 6:00 PM Monday through Friday, and 9:00 AM and 5:00 PM on Saturdays, excluding City-observed federal holidays and requires construction to occur within these hours (PPP NOI-1). The proposed Project’s construction activities would occur pursuant to these regulations and would not exceed established standards.

The construction noise from the proposed Project would be temporary in nature as the operation of each piece of construction equipment would not be constant throughout the construction day, and equipment would be turned off when not in use. The typical operating cycle for a piece of construction equipment involves one or two minutes of full power operation followed by three or four minutes at lower power settings. The construction equipment would include a combination of trucks, power tools, concrete mixers, and portable generators. Additionally, the most noise intensive equipment would only be utilized during the shorter grading portion of the 24-month construction period. The existing ambient noise measurements at the Project site are included below within Table N-4.

Table N-4: Existing Noise Level Measurements
Location
Number Location Description Overall (dBA Leq) Loudest 60-minute Period (dBA Leq) L1 At the Project site boundary along Warner
Ave
62 65
L2 At the Project site boundary along Armstrong
Ave
65 66
Source: Appendix B
The proposed Project consists of the construction of 142,566 SF of non-residential (congregate care) and 172 residential units. The proposed Project is within the maximum buildout assumptions of 606,000 SF of non-residential development and 2,427 residential units (including of density bonus units) for Neighborhood D South. Currently, Neighborhood D South has an existing buildout of zero SF and 2,112 residential units, thus it would have sufficient capacity to accommodate the proposed 142,566 SF of non-residential and 172 residential units of development.

As described within the TLSP 2025 SEIR, noise related to construction, including construction traffic, would not exceed the FTA construction noise criteria of 90 dBA during the daytime hours, as construction would occur between the hours between 7:00 am to 6:00 pm, Monday through Friday, and 5:00 pm and 9:00 am on Saturdays. Thus, impacts related to construction noise were concluded to be less than significant.

Operational Noise
Since the Project is a residential development and the non-residential portion consists of congregate care, operational noise would primarily be from vehicular trips. Vehicle noise is a combination of the noise Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 92
produced by the engine, exhaust, and tires. The level of traffic noise depends on three primary factors: (1) the volume of traffic; (2) the speed of traffic; and (3) the number of trucks in the flow of traffic. The TLSP 2025 SEIR concluded that traffic noise associated with TLSPA buildout would be no greater than 0.9 dBA.

Noise level increases less than 3 dBA are not perceptible to the human ear in an outdoor environment.

Therefore, traffic noise impacts on off-site sensitive receptors would be less than significant, consistent with the TLSP 2025 SEIR.

The Project would also be potentially exposed to stationary-source noise impacts from the proposed onsite heating, ventilation, and air conditioning (HVAC) equipment and truck deliveries and loading and unloading activities during operation of the Project. However, on-site stationary sources would be required to meet the City of Tustin maximum noise level standards.

Further, implementation of 2017 SEIR MM N-3 would require all future new development to prepare projectspecific plans and studies to determine whether any exterior noise sensitive areas would experience noise levels greater than 65 dBA CNEL or interior noise levels of 45 dBA CNEL; and to identify any noise reduction features such as walls, etc. for the proposed development. Thus, with implementation of 2017 SEIR MM N-3, impacts related to stationary noise impacts would be less than significant, consistent with the TLSP 2025 SEIR.

No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR. Thus, the proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.
b) Generation of excessive groundborne vibration or groundborne noise levels? The TLSP 2025 SEIR concluded that impacts related to groundborne vibration or groundborne noise levels would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact.

The proposed Project consists of the construction of 142,566 SF of non-residential (congregate care) and 172 residential units. The proposed Project is within the maximum buildout assumptions of 606,000 SF of non-residential development and 2,427 residential units (inclusive of density bonus units) for Neighborhood D South. Currently, Neighborhood D South has an existing buildout of zero SF and 2,112 residential units, thus it would have sufficient capacity to accommodate the proposed 142,566 SF of non-residential and 172 residential units of development.

The TLSP 2025 SEIR analyzed the construction and operational groundborne vibrations generated from TLSP 2025 buildout and determined they would be less than the thresholds of annoyance and would result in a less than significant impact. Given that the Project is within the buildout assumptions of the TLSP 2025 SEIR, impacts from construction and operations of the proposed Project would remain less than significant. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR. 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 TLSP 2025 SEIR concluded that impacts related to airport hazards would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 93
No New Impact. John Wayne Airport is located approximately 2.19 miles southwest of the proposed Project site and about 1.5 miles southwest of the broader TLSP area. According to the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, the Project site is not located within the 65 dBA CNEL noise contours (OC Airport Land Use Commission, 2008). As such, the proposed Project would not result in a safety hazard or exposure to excessive noise for people residing or working in the area, and impacts would be less than significant. Furthermore, implementation of the proposed Project would not result in new impacts compared to those previously analyzed in the TLSP 2025 SEIR. The Project remains consistent with the findings of the TLSP 2025 SEIR, and the level of impact remains unchanged.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures regarding noise. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the Final EIR was certified as completed.

Plans, Programs, or Policies (PPPs)
• City of Tustin General Plan Noise Element
PPP NOI-1: Construction Hours. Construction shall comply with TCC Section 4616, which allows construction activities only between the hours of 7:00 AM and 6:00 PM, Monday through Friday and between 9:00 AM to 5:00 PM on Saturdays, with no activity allowed on Sundays and City-observed federal holidays.

Project Design Features (PDFs)
None.

TLSP 2017 SEIR Mitigation Measures Applicable to the Proposed Project 2017 SEIR MM N-3: As listed above.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 94

5.8. POPULATION AND HOUSING
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
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?
Summary of Impacts Identified in Previous Environmental Documentation • The 2001 FEIS/EIR found that development of the Adopted Specific Plan would have resulted in a total population of 12,514, (10,900 in Tustin), resulting in a net population increase of approximately 9,350 persons. The 2001 FEIS/EIR analyzed the demolition of the barracks units and conversion to civilian use.

Buildout of the Adopted Specific Plan allowed 4,601 residential units, including the 1,537 converted or replaced units. In addition, the 2001 FEIS/EIR found that buildout would have resulted in about 24,500 net new jobs, or a net increase of approximately 24,500 jobs. In addition, the TLSP was expected to generate 15,081 indirect jobs. The 2001 FEIS/EIR concluded that the increase in population, housing, and employment due to the implementation of the Adopted Specific Plan was a beneficial impact because it would fulfill an identified shortfall in housing and meet the goals of the TLSP to generate jobs. • The 2001 FEIS/EIR determined that there would be no adverse impact related to the jobs/housing balance. It was determined that the majority of new jobs would be filled by existing residents within Orange County, and enough new housing would be provided for employees residing outside of the County. No significant impact was identified.
• The 2006 Addendum updated the demographic data and growth projections for the City of Tustin and County of Orange using the 2004 Orange County Projections. The 2004 Orange County Projections include buildout projections assumed for the Adopted Specific Plan. The changes in projections showed an increase in population and employment in Tustin with a slightly lower housing stock, indicating a larger household size.
• The 2006 Addendum determined that there would be a reduction of 879 employees and an increase of 21 residential units and 24 residents for a specific project. The 2006 Addendum determined that these small changes in employment, housing, and population would not result in any new significant impacts. Further, the project would have a similar impact on the jobs/housing balance countywide.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 95
• The 2017 TLSP SPA was anticipated to result in the construction of 6,813 residential units and 9,532,419 SF of non-residential building space. The 2017 TLSP SPA was therefore found to result in an overall increase of 2,212 dwelling units and a decrease of 1,755,306 SF of building space. The TLSP 2017 SEIR determined that buildout of the 2017 TLSP SPA would increase the TLSP area’s population by an estimated 6,526 additional residents compared to the Adopted Specific Plan, which was estimated to generate 9,374 residents. This represents an increase of 69.6 percent increase from the Adopted Specific Plan. The additional 6,526 residents that would be generated in Tustin upon buildout of the TLSP SPA would exceed the amount of growth anticipated to occur in the City by regional projections:
4,616 more residents than CDR projections for 2035, 4,394 more residents than SCAG’s projection for 2035, and 4,494 more residents than SCAG’s projection for 2040. • Furthermore, additional residents generated by the 2017 TLSP SPA compared to those generated by the Adopted TLSP would represent 79.5 percent of the population growth anticipated for buildout of the City by the Tustin General Plan. Based on all three of these metrics, the 2017 TLSP SPA would induce substantial growth in the area beyond that studied in the Certified EIR. However, Orange County remains a jobs-rich region, and housing proposed by the TLSP 2017 SPA would result in a beneficial impact to the region related to the balance of jobs and housing.
• The TLSP 2017 SEIR also determined that buildout of the 2017 TLSP SPA would result in a jobs-housing ratio of 2.76 (18,802 total jobs). Although both scenarios are exceptionally jobs-rich, the 2017 TLSP SPA was found to be substantially more balanced than the Adopted TLSP, which had a jobs-housing ratio of 5.11 (23,621 total jobs). The TLSP 2017 SEIR determined that the comparatively more housingrich 2017 TLSP SPA is consistent with SCAG’s intent to place more housing in jobs-rich portions of Orange County, which is jobs-rich overall. Implementation of the 2017 TLSP SPA was found to result in a lessthan-significant impact relating to population growth. • The TLSP 2025 SEIR concluded that, while the TLSP 2025 SPA would result in an increase to projected planned population, the SPA would in part satisfy the State requirements to provide new housing opportunities to increase housing supply. Additionally, the TLSP 2025 SPA would support the goals and policies of the Housing Element aimed to support a variety of housing types and densities. Similarly to the TLSP 2025 SPA, implementation of the TLSP 2025 SPA would directly and indirectly induce population growth in the TLSP area and would slightly skew the jobs-housing ratio towards a more housing-rich ratio. However, the purpose of TLSP 2025 SPA was to implement the provisions of the City’s 2021-2029 Housing Element in order to ensure the City can meet their required RHNA as specified by the HCD and SCAG. Overall, implementation of the TLSP 2025 SPA would result in a less than significant impact related to population growth.
• In regard to cumulative impacts, the TLSP 2025 SEIR concluded that cumulative impacts related to population and housing would be less than significant. The population and housing growth from the Approved Project would be consistent with SCAG’s regional growth projections for the City of Tustin and would represent a small fraction of the City’s overall forecasted growth. Although the Approved Project would increase residential development within the TLSP area, it would not significantly affect the County’s jobs–housing balance. Therefore, cumulative population and housing impacts would be less than significant and not cumulatively considerable.

TLSP 2025 SEIR Applicable Mitigation Measures
None.
a) Induce substantial unplanned population growth in an area, either directly or indirectly? The TLSP 2025 SEIR concluded that it represented a more balanced ratio of jobs and housing in the project area compared to the buildout of the originally Adopted Specific Plan. As such, it was concluded that the TLSP 2025 SEIR would result in a less than significant impact relating to population growth. (City of Tustin, 2025c).

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 96
Impacts Associated with the Proposed Project
No New Impact. The proposed Project would develop 275 senior care and senior residential units across six residential buildings. For the 172 Active Adult units the population estimate of 2.88 persons per household established in the 2025 TLSP SEIR was utilized which would result in a conservative estimate of approximately 495 new residents. The Memory Care and Assisted Living units would provide a total of 134 beds which would be equivalent to 134 residents. In total, it is estimated that the proposed Project would house approximately 629 residents. According to SCAG’s 2024 to 2050 RTP/SCS, the City of Tustin is projected to grow by 15,100 residents between 2019 and 2050. This reflects an 18.8 percent increase and results in a total projected population of approximately 95,500 residents, 34,000 households, and 71,300 jobs by 2050 (SCAG, 2024). The Project’s residential population would represent roughly less than one percent of the forecasted 2050 population and approximately 4.2 percent of the forecasted growth between 2019 and 2050. As such, the increase in population and housing generated by the Project would fall within the growth projections anticipated in SCAG’s 2024 to 2050 RTP/SCS and is consistent with assumptions within the 2025 TLSP SEIR.

The Project site is located within an urbanized area of Tustin and is surrounded by existing commercial and mixed-use development. The Project would not expand surrounding utility infrastructure, including water, electricity, telecommunications, gas, sanitary sewer, or stormwater facilities. All utility services would be provided onsite and maintained by the property owner, with connections to existing infrastructure in the surrounding roadways. Vehicular access would be provided via a new internal roundabout from John Johnson Way and an internal drive aisle from Veterans Way. Since the Project is compliant with what was previously analyzed in the TLSP 2017 SEIR and is within an urbanizing area, it would not induce indirect population growth through the extension of infrastructure or roadways. The proposed Project remains consistent with the impacts identified in the SEIR, and the level of impact remains unchanged. Further, no new or substantially more severe impacts would result from implementation of the Project compared to those analyzed in the TLSP 2025 SEIR.
b) Displace substantial numbers of existing people housing, necessitating the construction of replacement housing elsewhere?
The TLSP 2025 SEIR concluded that impacts would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. No housing units currently exist on the Project site and none would be removed; therefore, replacement housing would not need to be constructed elsewhere. Conversely, the proposed Project would provide 275 senior care and senior residential units on the Project site. Therefore, the Project would not displace substantial numbers of existing people or housing, and impacts would be less than significant. Thus, the proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR. No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures regarding population and housing. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 97
relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the Final EIR was certified as completed.

Plans, Programs, or Policies (PPPs)
California Government Code Sections 65300, 65580–65589
Project Design Features (PDFs)
None.

Mitigation/Monitoring Required
None.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 98

5.9. PUBLIC SERVICES
Subsequent or Supplemental EIR Addendum to EIR
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:

Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Summary of Impacts Identified in Previous Environmental Documentation Fire Protection.
• The 2001 FEIS/EIR determined that implementation of the Specific Plan would require additional firefighting personnel and equipment at existing fire stations. However, it found that buildout would not require new or expanded fire stations. All development projects would be required to meet Orange County Fire Authority (OCFA) regulations, and impacts were determined to be less than significant.

Additionally, the 2001 FEIS/EIR included implementation measures which required coordination between future developers/applicants and the City of Tustin or the City of Irvine, depending on the development site’s jurisdiction, to provide adequate fire protection facilities. • Subsequent to the certification of the 2001 FEIS/EIR, in May 2003, the Navy Disposal Plan transferred to the City of Tustin a 1.25-acre site at Edinger Avenue and the West Connector for construction of a new fire station. The fire station was to be funded through development in Tustin Legacy and in the City of Irvine within the former MCAS Tustin.
• Subsequently, the OCFA re-evaluated its need for fire protection facilities with respect to response times and determined it needed to move Station 37 to a new location in the Specific Plan area. In March 2005, the City entered into a Memorandum of Understanding with the OCFA for a new fire station at Tustin Legacy.
• The 2006 Addendum found that the specific project would result in a similar demand for fire protection services consistent with the 2001 FEIS/EIR determination and that the fire station proposed in the Specific Plan area would meet the needs of the project.
• At the time that the 2017 TLSP SPA was approved, OCFA Fire Station 37 at Edinger Avenue and Kensington Park Drive had been completed. The 2017 TLSP SPA was anticipated to result in an increase of 2,212 residential units and a decrease of approximately 1.7 million SF of non-residential uses. Although the project would result in an increase in demand for fire protection due to the resulting Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 99
increase of 6,371 residents, there would be a decrease of 1.7 million SF of non-residential uses offsetting the increase in demand. With the construction of the new fire station (Station 37) within the TLSP area, the TLSP 2017 SEIR found that no other new or expanded off-site fire protection facilities would be required. The 2017 TLSP SPA was required to meet OCFA regulations and standard conditions. No new significant impacts were identified.
• The TLSP 2025 SEIR concluded that future residential development associated with the TLSP 2025 SPA could increase demand for fire protection and emergency medical services due to population growth but would not create new significant impacts. Fire protection services would continue to be provided by OCFA Stations 37 and 6, with funding through existing Community Facilities Districts and the City’s General Fund. Compliance with the California Fire Code, OCFA Fire Prevention Guideline B-09, and implementation 2001 FEIS/EIR Mitigation Measures (m)–(r) would ensure adequate emergency access, fire flow, and fire-safety features, resulting in a less than significant impact with mitigation. • In regard to cumulative impacts, the TLSP 2025 SEIR determined that, through compliance with existing fire and building codes and contribution of impact fees to offset increased service demands, cumulative impacts on fire protection and emergency services would be less than cumulatively considerable.

Police Protection.
• The 2001 FEIS/EIR determined that implementation of the Specific Plan would increase the demand for police services in the cities of Tustin and Irvine. The 2001 FEIS/EIR identified the need for two additional patrol units and three additional investigative units in the Tustin Police Department, and two additional sworn officers in the Irvine Police Department. However, it found that buildout would not require new or expanded police facilities and impacts would be less than significant. The 2001 FEIS/EIR included implementation measures which required coordination between future developers/applicants and the City of Tustin or the City of Irvine, depending on the development site’s jurisdiction, in order to provide adequate police protection facilities.
• The 2006 Addendum found similar impacts as the 2001 FEIS/EIR with respect to police services and no new impacts were identified.
• The TLSP 2017 SEIR found that although the 2017 TSLP SPA anticipated increase of 6,371 residents would result in an increase in demand for police protection, this would be offset by the reduction in approximately 1.7 million SF of non-residential uses. Service level impacts are anticipated to be similar to those analyzed in the 2001 FEIS/EIR. No new police facilities were determined to be needed and no significant physical impacts were identified. Additionally, developers are required to coordinate with the Tustin Police Department prior to project approval to ensure adequate security precautions and design features are in place.
• The TLSP 2025 SEIR concluded that the TLSP 2025 SPA would increase demand for police protection services due to future residential growth but would not create new significant impacts. Funding through existing Community Facilities Districts and the City’s General Fund would continue to support necessary police staffing and equipment. With implementation of 2001 FEIS/EIR Mitigation Measures (m) and (s) requiring coordination with the Tustin Police Department to ensure adequate security and service provisions, police protection impacts would be less than significant with mitigation. • In regard to cumulative impacts, the TLSP 2025 SEIR determined that cumulative development would incrementally increase demand for police services but would not result in significant adverse impacts.

Increased tax revenues would support the City’s General Fund, allowing the Tustin Police Department to maintain adequate staffing and equipment. Therefore, cumulative impacts on police protection services would be less than significant.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 100
Schools.
• The 2001 FEIS/EIR determined that the project would generate a total of 2,432 students: 1,473 within the Tustin Unified School District (TUSD), 959 within the Irvine Unified School District (IUSD), and no students within the Santa Ana Unified School District (SAUSD). The Specific Plan provided for two elementary schools and one high school onsite. The TUSD determined that those schools would be adequate to house students generated by the project. The TUSD would collect school facilities impact fees pursuant to SB 50.
• The 2006 Addendum determined that the project would result in a reduction of 497 students within TUSD compared to the student generation presented in the 2001 FEIS EIR for the original Specific Plan (estimated to be 1,473 students). No new impacts were identified. The 2006 Addendum also recognized the future development of three school sites in TUSD identified in the 2001 FEIS/EIR and analyzed the impact of expanding the Heritage Elementary School by 5 acres to accommodate a combination elementary/middle school.
• The TLSP 2017 SEIR found that the additional residential units as a result of the 2017 TLSP SPA would generate about 1,250 additional students within TUSD boundaries. The addition of 1,250 students to the schools serving the Project area has the potential to exceed the available capacity for some schools if all development were to occur at the time of project approval. The need for additional services is addressed through compliance with school impact fee assessment. Several school facilities were planned for the TLSP area at the time the TLSP 2017 SEIR was being prepared, including an expansion of the existing Heritage School enrollment capacity from 600 students to 900 students; development of a

40.03-acre site to house Legacy Academy, a 6–12 magnet science, technology, engineering and math (STEM) school; development of an alternative education facility, and possible development of additional District administrative facilities. The TLSP 2017 SEIR determined that the planned facilities would be able to accommodate anticipated demand. Therefore, the TLSP 2017 SEIR determined that the project would have a less than significant impact on school facilities. • The Adopted Specific Plan includes a site for a K–8 school in the IUSD and noted project-generated students in grades 9–12 would attend existing and planned IUSD high schools. The 2001 FEIS/EIR determined that the project would generate 2,432 students: 959 within the IUSD, a net increase of 302 students. It identified a 20-acre school site within the IUSD boundaries to accommodate the increased student population. The 2006 Addendum determined that the project would result in a reduction of 107 students within IUSD. No new significant impacts were identified. The TLSP 2017 SEIR did not analyze impacts related to IUSD because the project did not fall within IUSD’s boundaries. • The 2001 FEIS/EIR determined that no new students would be generated directly to the SAUSD resulting from housing development. However, commercial development would indirectly generate new students if new employees were to seek housing nearby within the SAUSD boundaries. These impacts were addressed with a settlement agreement between the City of Tustin and the SAUSD. • The 2006 Addendum recognized a reduction of approximately 0.7 million SF of non-residential uses, reducing the potential for indirect student generation. It found that impacts would be reduced compared to the original project. The TLSP 2017 SEIR did not analyze impacts related to the SAUSD because the project did not fall within the SAUSD’s boundaries.
• The TLSP 2025 SEIR determined that buildout of the Approved Project could generate approximately 1,713 additional TUSD students and 393 SAUSD students, potentially exceeding existing capacity at some schools. However, both districts can accommodate students through redistribution, and developers would be required to pay state-authorized school impact fees (Government Code §65995) or enter agreements with the districts to address student increases. With payment of required school fees in accordance with 2001 FEIS/EIR Mitigation Measure (f), impacts on school facilities would be less than significant with mitigation.

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• The TLSP 2025 SEIR concluded that cumulative development within the TUSD and SAUSD boundaries could increase student enrollment and the need for additional school facilities. However, both districts would collect school impact fees under Government Code Section 65995(b) to fund necessary expansions. Therefore, cumulative impacts on school services would be less than significant.

Parks.
• The certified FEIS/EIR evaluated recreational impacts of the Specific Plan that included 126 acres of public parkland, including 118 acres in the City of Tustin (84.5-acre regional park, 24.1-acre community park, and two 5-acre neighborhood parks) and an 8-acre neighborhood park in the City of Irvine. The FEIS/EIR found that the 118 acres of public parkland in Tustin was well over the requirement established by the City’s municipal code (three acres of park per 1,000 residents). It determined that the provision of approximately 126 acres of parkland would result in a beneficial impact related to the provision of parks. Construction and operation of the proposed parks were also evaluated throughout the FEIS/EIR, and mitigation measures were identified.
• The 2006 Addendum determined that the Specific Plan would exceed the parkland dedication requirement and would not generate an increase in the use of existing recreational facilities. • The 2017 SEIR Initial Study determined that implementation of the SPA includes approximately 255 acres of public parks (including the 84.5-acre regional park in Planning Area 6), which exceeds the amount of parkland required by the TCC and considered in the FEIS/EIR. Thus, the 2017 SEIR Initial Study determined that buildout would not increase the use of existing parks or cause the physical deterioration of existing recreational facilities and no new substantial impact would occur. • The TLSP 2025 SEIR concluded that the TLSPA would add approximately 12,891 residents, requiring an additional 38.7 acres of parkland within the TLSP area at buildout. Therefore, the new total park acreage required for TLSP buildout would be 95.4 acres of parkland. Implementation of the TLSP includes approximately 255 acres of public parks which exceeds the amount of parkland required by the TCC. Since the TLSPA would provide ample parkland, buildout would not increase the use of existing parks or cause the physical deterioration of existing recreational facilities.

Other Public Facilities.
• The certified 2001 FEIS/EIR identified three public libraries within three miles of the TLSP area. It found that implementation of the TLSP would not require construction of a new library facility, and impacts were less than significant. Subsequently, the Orange County Public Library (OCPL) entered into an agreement with the City of Tustin to expand the Tustin Branch Library in the Tustin Civic Center. The project was approved in September 2005 and evaluated in a Mitigated Negative Declaration (SCH 2002041001) adopted in May 2002. In 2009, the new 32,000-square-foot library opened, replacing the 15,000-square-foot facility built in 1974. The new library has a book capacity of 209,000 volumes. • The TLSP 2017 SEIR determined that the 2017 TLSP SPA would add 4,609 residents (2,212 dwelling units) to the site compared to the Adopted TLSP, resulting in a total of 17,859 residents. Using the OCPL service standard of 0.2 SF of library space per capita, the 2001 FEIS/EIR estimated that the Adopted TLSP would generate a demand for approximately 2,500 SF of library space. Using the same service standard, the 2017 TLSP SPA would generate demand for a net increase of 922 SF of library space, or 3,572 SF total at buildout. The Tustin Library increased its facilities by 14,000 SF in 2009. Therefore, the additional demand of 922 SF was accommodated by the existing library facilities and would not require the construction of a new or expanded facility. • The TLSP 2025 SEIR concluded that although buildout of the Approved Project could generate approximately 13,817 new residents, the existing three libraries within two miles of the TLSP and the broader OCPL network would adequately serve future residents. Based on OCPL’s service standards, the TLSP 2025 SPA would not require new or expanded library facilities, and library funding through Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 102
County property taxes would continue to support service needs. Therefore, impacts on library services would be less than significant.
2001 FEIS/EIR Applicable Mitigation Measures
2001 FEIS/EIR MM (m): General. The City of Tustin and the City of Irvine, each within its respective jurisdiction, shall ensure that adequate fire protection, police protection, libraries, and parks and recreation facilities (including bikeways/trails) needed to adequately serve the reuse plan area shall be provided, as necessary. To eliminate any negative impact the project could have on each community's general fund, financing mechanisms including but not limited to developer fees, assessment district financing, and/or tax increment financing (in the event that a redevelopment project area is created for the site), shall be developed and used as determined appropriate by each City. Specifically:

1. Applicants for private development projects shall be required to enter into an agreement with City of Tustin or the City of Irvine, as applicable, to establish a fair-share mechanism to provide needed fire and police protection services, libraries, and parks and recreation facilities (including bikeways) through the use of fee schedules, assessment district financing, Community Facility District financing, or other mechanisms as determined appropriate by each respective city.

2. Recipients of property through public conveyance process, or other conveyance procedures, shall be required to mitigate any impacts of their public uses of property on public services and facilities. 2001 FEIS/EIR MM (o): Fire Protection/Emergency Medical Services. Prior to the conveyance of land from the City to a developer, and/or the first final map recordation or building permit issuance for development (except for financing and re-conveyances purposes), the project developer could be required to enter into an agreement with the City of Tustin or City of Irvine/OCFA, as applicable, to address impacts of the project on fire services. Such agreement could include participation for fire protection, personnel and equipment necessary to serve the project and eliminate any negative impacts on fire protection services. 2001 FEIS/EIR MM (p): Prior to issuance of building permits, the project developer shall work closely with the OCFA to ensure that adequate fire protection measures are implemented in the project. 2001 FEIS/EIR MM (q): Prior to issuance of building permits for phased projects, the project developer shall submit a construction phasing plan to the OCFA demonstrating that emergency vehicle access is adequate. 2001 FEIS/EIR MM (r): Prior to the issuance of building permits, the project developer shall submit a fire hydrant location plan for the review and approval of the Fire Chief and ensure that fire hydrants capable of flows in amounts approved by the OCFA are in place and operational to meet fire flow requirements. 2001 FEIS/EIR MM (s): Police Protection. Prior to issuance of building permits, the project developer shall work closely with the respective Police Department to ensure that adequate security precautions are implemented into the project.
2001 FEIS/EIR MM (t). Prior to the issuance of building permits, the project developer shall submit to the respective City proof of payment of appropriate school fees adopted by the applicable school district pursuant to Government Code Section 65995. Alternatively, a project developer may enter into a mutual agreement with an applicable school district to provide alternative mitigation that addresses student generation increases.
a) Fire protection?
The TLSP 2025 SEIR concluded that impacts related to fire protection services would be less than significant with mitigation (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
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No New Impact. Fire protection services to the Project site would be provided by the OCFA. The two nearest OCFA fire stations to the Project site are Station 37 and Station 79. Station 37 is located at 15011 Kensington Park Drive in Tustin, approximately 1.35 roadway miles from the Project site. Station 79 is located at 1320 E Warner Avenue in Santa Ana, approximately 1.36 roadway miles from the Project site.

As described previously, the proposed Project would result in the development of 275 senior care and senior residential units across six buildings on the Project site. As described in Section 5.8, Population and Housing, the proposed Project is anticipated to generate 629 new residents. Thus, construction and operation of the proposed Project would increase demands for fire protection and emergency medical services.

Since the Project site is within a developed area that is currently served by two existing fire stations, the Project would not result in the need to construct a new fire station. As with all projects within the City, the proposed Project would be required to comply with existing regulations, including the 2022 California Fire Code and the OCFA Fire Prevention Guideline B-09, Fire Master Plans for Commercial and Residential Development, which include regulations for water supply, built in fire protection systems, adequate emergency access, fire hydrant availability, and fire-safe building materials. In addition, the Project would be required to pay development impact fees. A development impact fee is imposed on new developments to finance public improvements, including fire protection services, and to pay for the development’s fair share of the costs of these improvements. Fire protection facilities, equipment, and staffing can be augmented by the City as needed with assistance from the tax revenue provided by new development and the development impact fees to expand, improve, and maintain fire protection and emergency services and facilities. The Project would also comply with 2001 FEIS/EIR MM (m), (o), (p), (q), and (r) to ensure adequate fire protection measures and coordination with OCFA has occurred.

Therefore, impacts related to fire protection services would be less than significant and impacts from the proposed Project would be consistent with those identified in the TLSP 2025 EIR. Therefore, no new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 EIR.
b) Police protection?
The TLSP 2025 SEIR concluded that impacts related to police protection services would be less than significant with mitigation (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The Tustin Police Department provides police services throughout the City, including the Project site. The Tustin Police Department headquarters are located at 300 Centennial Way in Tustin, which is located approximately 3.9 roadway miles from the Project site.

As described previously, the proposed Project would result in the development of 275 senior care and senior residential units across six buildings on the Project site. Construction and operation of the proposed Project would result in an increase in demand for police protection services. However, the increase would not be significant when compared to the current demand levels. As described in Section 5.8, Population and Housing, the proposed Project is anticipated to generate 629 new residents. The Tustin Police Department has 100 full-time sworn police officers and 55 civilian support personnel. According to the California Department of Finance, the City of Tustin had a population of 79,326 residents as of January 1, 2025. Based on this population estimate, the City’s sworn officer to population ratio is 1.3 officers per 1,000 population. Thus, the proposed Project demand would result in about 0.66 of an additional full-time police officer which is less than one full-time police officer. The proposed Project’s demand for the additional police officer would be offset with the payment of development impact fees to the City. The development impact fees collected would ensure that the level of police protection services in the City, particularly near the Project site, are maintained. Police protection facilities, equipment, and staffing can be augmented by the City as needed Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 104
with assistance from tax revenue provided by the proposed Project and the development impact fees to expand, improve, and maintain police protection services and facilities. The Project would also comply with 2001 FEIS/EIR MM (m) and (s) to ensure adequate security cautions have been implemented into the Project and coordination with the City to ensure any developer fees or agreements required for adequate police services have been implemented. Therefore, impacts related to police protection services would be less than significant.

Additionally, the proposed Project is consistent with the existing zoning and general plan land use; therefore, the impacts were previously accounted for in the TLSP 2025 SEIR. No new or substantially greater impact would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR.
c) School services?
The TLSP 2025 SEIR concluded that impacts related to school services would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The Project site is located within the TUSD; however, the proposed Project would not generate new students because it consists of senior residential uses and assisted living uses that do not accommodate households with school-aged children. Therefore, the Project would not increase enrollment within local school districts.

However, pursuant to Government Code Section 65995 and in compliance with 2001 FEIS/EIR MM (t), the applicant would be required to pay developer fees to the TUSD at the time building permits are issued.

Therefore, impacts related to school facilities would be less than significant and impacts from the proposed Project would be consistent with impacts identified in the TLSP 2025 EIR. No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 EIR.
d) Parks?
The TLSP 2025 SEIR concluded that impacts related to parks would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project would include development of 275 senior care and senior residential units, which could result in an increase in local population and associated demand for park and recreational facilities. The City of Tustin Parks and Recreation Department maintains and operates public parks in the area. The closest public parks to the site are Tustin Legacy Park, located approximately 0.1 miles southwest of the Project site, and Centennial Park, located approximately 1.28 miles northeast of the Project site.

However, the Project proposes two outdoor courtyards, in addition to other recreational facilities, which would be intended for use by only Project residents. The proposed Project would also be subject to the City’s development impact fees per the TCC Section 9331 and 2001 FEIS/EIR MM (m), which would ensure that public recreational needs generated by new residential development are adequately addressed.

Because the proposed Project does not include the development or expansion of any public park facilities, it would not displace or degrade any existing parks. As such, the Project would not result in the need for new or physically altered public park facilities that could cause significant environmental effects, and the proposed Project would be consistent with impacts identified in the TLSP 2025 EIR. No new or substantially Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 105
greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 EIR.
e) Other public facilities?
The TLSP 2017 SEIR concluded that impacts related to other public facilities would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The OCPL provides library services throughout the County, including the Project site. The nearest OCPL branch to the Project site is the Tustin Library, located at 345 East Main Street, approximately

3.6 roadway miles from the Project site.

As described previously, the proposed Project would result in the development of 275 senior care and senior residential units across six buildings on the Project site. As described in Section 5.8, Population and Housing, the proposed Project is anticipated to generate 629 new residents. Due to the increase in residents on-site, the proposed Project would increase the demand for library services.

Based on the OCPL service standard of 0.2 SF of library space per capita identified in the TLSP 2025 SEIR, the proposed Project would generate a demand for approximately 126 SF of library space at buildout.

The Tustin Library is a 32,000 square foot building. The additional demand of 126 SF would be accommodated by the existing library facilities and would not require the construction of a new or expanded facility. Additionally, library facilities and staffing can be augmented by the City as needed with assistance from tax revenue provided by the proposed Project and the development impact fees to expand, improve, and maintain library services and facilities, as required by 2001 FEIS/EIR MM (m).

As such, impacts related to other public facilities would be less than significant. Therefore, no new or substantially greater impact would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR. Impacts from the proposed Project would be consistent with those identified in the TLSP 2025 SEIR.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures regarding public services. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was certified as completed.

Plans, Programs, or Policies (PPP)
The following standard regulations would reduce potential impacts related to fire protection services:
• OCFA Fire Prevention Guideline B-09, Fire Master Plans for Commercial and Residential Development.

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• Tustin City Code, Chapter 8100, Building and Construction Codes Adopted by Reference. • Government Code Section 65995(b).

Project Design Features (PDFs)
None.

Mitigation/Monitoring Required
Final EIR mitigation measures that are applicable to the proposed Project would be implemented as intended by the TLSP 2025 SEIR. After implementation of the applicable mitigation measures, no new impacts nor substantially more severe public service impacts would result from implementation of the proposed Project; therefore, no new or revised mitigation measures are required regarding public services. 2001 FEIS/EIR Mitigation Measures Applicable to the Proposed Project 2001 FEIS/EIR MM (m): General. As listed above.
2001 FEIS/EIR MM (o): Fire Protection/Emergency Medical Services. As listed above. 2001 FEIS/EIR MM (p): As listed above.
2001 FEIS/EIR MM (q): As listed above.
2001 FEIS/EIR MM (r): As listed above.
2001 FEIS/EIR MM (s): As listed above.
2001 FEIS/EIR MM (t): As listed above.

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5.10. TRANSPORTATION
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system, including
transit, roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Summary of Impacts Identified in Previous Environmental Documentation • The 2001 FEIS/EIR estimated that full buildout under the Adopted Specific Plan would generate approximately 216,445 average daily vehicle trips (ADT). The analysis forecast potentially significant impacts at 16 intersections under long-range (Year 2020) with-project conditions. While mitigation measures were identified for all impacted intersections, two intersections, Tustin Ranch Road at Walnut Avenue and Jamboree Road at Barranca Parkway, were determined to experience significant and unavoidable impacts even after mitigation. Impacts at all other intersections were reduced to less than significant with mitigation. Additionally, the 2001 FEIS/EIR required phased implementation of on-site roadway improvements tied to cumulative project-generated ADT thresholds. • The 2001 FEIS/EIR also concluded that increased development would generate additional demand for transit service; however, the proposed improvements to the circulation system were expected to enhance transit routing efficiency. No significant impacts were identified to the regional rail system or to pedestrian and bicycle circulation. In fact, the planned bicycle trail network was anticipated to provide an overall benefit to non-motorized transportation modes. • The 2004 Supplemental EIR identified a potentially significant additional impact at the intersection of Red Hill Avenue at Warner Avenue in the cities of Tustin and Santa Ana. Mitigation was required and implemented, and the impact was determined to be less than significant after mitigation. • The 2006 Addendum did not identify any new significant traffic impacts and found that the project would eliminate significant and unavoidable impact at the intersection of Tustin Ranch Road and Walnut Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 108
Avenue in 2020 With Project conditions. The addendum determined that the total number of trips generated by the specific project had not changed and did not exceed the trip budget caps established by and agreed upon between the cities of Tustin, Santa Ana, and Irvine. • The TLSP 2017 SEIR identified that the 2017 TLSP SPA is anticipated to result in a total trip generation of 239,797 daily trips for the entire TLSP area. The TLSP 2017 SEIR determined that two intersections, four freeway ramp intersections, seven freeway ramps, and 11 freeway mainline segments would operate deficiently in the no-project and with-project conditions; one additional freeway mainline would operate deficiently in the no-project condition. With incorporation of mitigation measures from the original 2001 FEIS/EIR, impacts were determined to be less than significant in 2035 conditions, which is a reduced impact compared to the 2001 FEIS/EIR.
• The Initial Study prepared for the TLSP 2017 SEIR determined that the 2017 TLSP SPA would result in less-than-significant impacts on hazards due to a design feature, consistent with the original 2001 FEIS/EIR. Likewise, the Initial Study determined the 2017 TLSP SPA would not decrease the safety or performance of pedestrian, bicycle, or transit facilities and concluded that impacts would be less than significant.
• The TLSP 2025 SEIR found that cumulative development in Tustin and nearby jurisdictions would not result in significant impacts to alternative transportation systems. Future projects would undergo site-specific reviews to ensure adequate sidewalks, bike lanes, and transit facilities. Therefore, cumulative impacts related to alternative transportation were concluded to be less than significant. • The TLSP 2025 SEIR determined that projects that meet efficiency-based thresholds aligned with state goals are not considered cumulatively considerable. Thus, cumulative traffic and VMT impacts were concluded to be less than significant.
• The TLSP 2025 SEIR concluded that cumulative development would be reviewed for compliance with roadway design standards and the California Fire Code to ensure safe emergency access and cumulative impacts related to emergency access would be less than significant.

TLSP 2025 SEIR Mitigation Measures
None.
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
The TLSP 2025 SEIR concluded that impacts related to conflict with the circulation system, including transit, roadway, bicycle and pedestrian facilities, would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. The proposed Project includes development of 172 residential units and 142,566 SF of non-residential uses (congregate care) across six buildings on the Project site.

Roadway Facilities
A Project-specific trip generation (Appendix D) was prepared for the Project using trip rates from the Institute of Transportation Engineers (ITE), Trip Generation Manual 11th Edition (2021). As shown in Table T-1, The proposed Project would generate 870 net daily trips, including 57 trips during the AM peak hour and 76 trips during the PM peak hour. As shown in Table T-1, the proposed Project’s trips would fall within the maximum daily trips allowable within Neighborhood D of the TLSP.

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Table T-1: Proposed Project Trip Generation
Land Use Units or
Beds Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Neighborhood D South
Multi-Family
Housing
2,310 units 10,487 - - 855 - - 901
Continuing CareSenior Housing521 units 2,246 - - 125 - - 156 Proposed Project
Active Adult 172
residential
units
522 11 22 33 24 19 43
Memory Care/
Assisted Living
134 beds 348 14 10 24 13 20 33
Total Proposed 870 25 32 57 37 39 76
Source: Appendix D
Vehicular access to the Active Adult building (Building 1) would be accessible from two access points: a 27- foot-wide driveway on Veteran’s Way and a 27-foot-wide driveway on John Johnson Way. The Assisted Living building (Building 2) would also be accessible from the 27-foot-wide driveway on John Johnson Way.

Vehicular traffic to and from the Project site would utilize the existing network of regional and local roadways that currently serve the Project area. Internal site circulation would include a roundabout drive aisle at the center of the Project site which would provide access to Building 1 and 2. In addition, final design plans would be subject to review and approval by the City’s Public Works Department prior to the issuance of building permits. As such, the proposed Project would not introduce any new offsite roadways or land uses that would interfere with adopted plans, programs, ordinances, or policies regarding roadway facilities and the Project would be consistent with the TLSP 2025 SEIR. No new or substantially greater impacts would occur from implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR.

Alternative Transportation
Pedestrian circulation would be provided via existing public sidewalks along Warner Avenue and proposed sidewalks along Veterans Way, Armstrong Way, and John Johnson Way. The proposed Project would protect the existing sidewalk along Veterans Way and John Johnson Way Warner and if necessary, repair or reconstruct sidewalks along the Project frontage per the City’s request. Additionally, the proposed Project includes off-site improvements to the sidewalk along Warner Avenue. The proposed on-site roadway system also includes sidewalks throughout the Project site that would connect to the off-site 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.

Existing bike lanes exist along Warner Avenue and Armstrong Avenue within the vicinity of the Project site.

The Project would not include any offsite roadway improvements or changes to the existing bicycle lanes in the vicinity of the Project. Thus, impacts related to bicycle facilities would not occur.

Public transit bus service to the Project area is provided by Orange County Transportation Authority (OCTA).

Five OCTA bus routes operate within the vicinity of the Project site on Warner Avenue, Red Hill Avenue, and Barranca Parkway. The proposed Project would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur.

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Overall, Project impacts to roadway, transit, bicycle, and pedestrian facilities would be less than significant and the Project would be consistent with the impacts identified in the TLSP 2025 SEIR. No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
The TLSP 2025 SEIR concluded that impacts related to CEQA Guidelines section 15064.3, subdivision (b), would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. State CEQA Guidelines Section 15064.3(b) focuses on determining the significance of VMTrelated transportation impacts. The City of Tustin VMT Analysis Guidelines (2024) contain screening thresholds to assess whether a Project has the potential to result in an impact, and if mitigation or further VMT analysis would be required. If none of the screening criteria are met, then the project would require mitigation and potentially a VMT analysis to determine the extent the VMT thresholds are exceeded.

The screening criteria include the following:
• Screening Criteria 1 – Is the Project 100 percent affordable housing? • Screening Criteria 2 – Is the Project within 1/2 mile of qualifying transit? • Screening Criteria 3 - Is the Project a local serving land use? • Screening Criteria 4 - Is the Project in a low VMT area? • Screening Criteria 5 - Are the Project's Net Daily Trips less than 500 ADT? As described in the VMT Screening Memo (Appendix C) prepared for the Project, the Project would not meet any of the screening criteria listed, therefore, a full VMT Analysis was required to be prepared to identify VMT impacts. The City of Tustin guidelines recommend use of VMT per capita to evaluate residential land uses whereas VMT per employee for non-residential land use projects. The VMT per capita includes VMT generated by all homebased trips (productions) whereas VMT generated by homebased work trips (attractions) is used to estimate VMT per employee. If the Project VMT per capita exceeds base year average VMT per capita for the City of Tustin or the Project VMT per employee exceeds base year average VMT per employee for the City of Tustin, the Project would result in a VMT impact.

The VMT Analysis (Appendix D), determined that Project-generated VMT per capita and VMT per employee for both residential and non-residential would be lower than the base year average VMT per capita and VMT per employee, as illustrated below in Table T-2. Therefore, the Project would not result in a significant VMT impact.

Table T-2: Proposed Project VMT Analysis
Year (2050) Clearwater at Tustin Legacy City of Tustin
Household - -
Population 206 -
Employment 70 -
Homebased (HB) VMT 1,219 -
Homebased Work (HBW) VMT 1,157 -
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 111
HB VMT per capita 5.9 12.4
HBW VMT per employee 16.5 17.3
Source: Appendix D
Furthermore, the 870 net daily trips that would be generated by the Project would be within the trip generation identified in the Neighborhood D South of the TLSP 2025 SEIR (2,310 daily trips for multi-family housing and 521 trips for non-residential (continuing care). Therefore, the Project would be consistent with the TLSP 2025 SEIR. No new or substantially greater impacts would occur from implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR. c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The TLSP 2025 SEIR concluded that impacts would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. Vehicular access to Building 1 and 2 of the proposed Project would be provided via a 27- foot-wide driveway on Veteran’s Way and a 27-foot-wide driveway on John Johnson Way. Building 2 would also be accessible from the 27-foot-wide driveway on John Johnson Way. Vehicular traffic to and from the Project site would utilize the existing network of regional and local roadways that currently serve the Project area. Vehicular access to the Active Adult building (Building 1) would be accessible from two access points: a 27-foot-wide driveway on Veteran’s Way and a 27-foot-wide driveway on John Johnson Way. The Assisted Living building (Building 2) would also be accessible from the 27-foot-wide driveway on John Johnson Way. The proposed Project would not introduce any new roadways or land use that would conflict with existing urban land uses in the surrounding area. Design of the proposed Project, including the internal circulation, is subject to the City’s development standards and TLSP design guidelines. Design of the Project would be reviewed to ensure fire engine accessibility and turn around area is provided to the fire code standards. As a result, impacts related to vehicular circulation design features would be less than significant.

No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.
d) Result in inadequate emergency access?
The TLSP 2025 SEIR concluded that there would be adequate emergency access and impacts would be less than significant (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact.

The proposed construction activities, including equipment and supply staging and storage, would occur within and adjacent to the Project area and would not restrict access of emergency vehicles to the Project site or adjacent areas.

Further, operation of the proposed Project would not result in inadequate emergency access. Direct access to the Project site would be provided from a 27-foot-wide driveway on Veteran’s Way and a 27-foot-wide driveway on John Johnson Way. All drive aisles would be consistent with City requirements to accommodate Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 112
emergency vehicles as well as provide fire suppression facilities (e.g., hydrants, fire sprinklers and fireresistant construction materials) in conformance with the Tustin City Code and the California Fire Code (Title 24, CCR, Part 9). Additionally, should road closures be needed during construction, the Project would be required to implement appropriate measures to facilitate the passage of persons and vehicles through/around any required road closures and measures to properly route heavy-duty construction vehicles entering and leaving the site (as applicable), consistent with the City of Tustin Standard Plans and Design Standards (PPP T-1).

Compliance with appropriate code specifications would be verified by the City’s Building and Safety Department during the construction and occupancy permitting process. Thus, potential impacts related to inadequate emergency access during Project construction or operation would be less than significant. No new or substantially greater impacts would occur with implementation of the proposed Project when compared to those identified in the TLSP 2025 SEIR. The proposed Project is consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures regarding transportation and traffic. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was certified as completed.

Plans, Programs, or Policies (PPPs)
• Section 503 of the California Fire Code (Title 24, CCR, Part 9) • City of Tustin General Plan Circulation Element
• Tustin City Code
• Tustin Legacy Specific Plan
• City of Tustin VMT Analysis Guidelines, March 2024
PPP T-1: Traffic Control/Utilities. All future development constructed under the Project shall be subject to the traffic control standards specified by the City’s latest Standard Plans and Design Standards, which includes the requirement for Traffic Control Plan during construction, the process prior to commencing construction within the City public right-of-way (including utility work), and specifications for operational roadway and traffic control design.

Project Design Features (PDFs)
None.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 113
Mitigation/Monitoring Required
None.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 114

5.11. UTILITIES AND SERVICE SYSTEMS
Subsequent or Supplemental EIR Addendum to EIR
Would the project: Substantial
Change in
Project or
Circumstances
Resulting in
New
Significant
Effects
New
Information
Showing
Greater
Significant
Effects than
Previous
EIR
New
Information
Identifying
New
Mitigation
or
Alternative
to Reduce
Significant
Effect is
Declined
Minor
Technical
Changes
or
Additions
No
New
Impact
/No
Impact
a) Require or result in the construction of new or
expanded water, wastewater treatment or storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry, and
multiple dry years?
c) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
d) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Impacts Identified in Previous Environmental Documentation Water
• The 2001 FEIS/EIR determined that Irvine Ranch Water District (IRWD) would have sufficient water supplies, and offsite delivery system, and that water distribution improvements would be required within the project site to convey water required by the TLSP as analyzed in the 2001 FEIS/EIR. • Potable Water- The MCAS Tustin/Legacy Park Revised Sub-area Master Plan (SAMP) completed by RBF Consulting in September 2008 determined that the existing water mains would be inadequate for distribution of potable water at buildout. The Adopted Specific Plan required the construction of a network of new water mains and phased abandonment of existing mains. • Reclaimed Water- The 2008 SAMP estimated that the Adopted Specific Plan’s non-potable water demands had sufficient residual reclaimed water treatment capacity to meet estimated TLSP demands.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 115
• The TLSP 2017 SEIR determined that IRWD has sufficient residual water supplies to meet the potable and non-potable water demands of the TLSP based on very conservative water demand estimates.

Therefore, impacts were determined to be less than significant. • The TLSP 2025 SEIR determined that sufficient water supply and infrastructure capacity exist to serve the TLSP and cumulative development under all hydrologic conditions through 2044. Further, with implementation of TLSP 2025 Mitigation Measure UT-1, water and groundwater impacts were determined to be less than significant. Further, the TLSP 2025 SEIR concluded that IRWD would have sufficient water supplies to meet projected demand through 2044 based on the Project-specific Water Supply Assessment (WSA), including during dry and multiple dry year conditions. Therefore, cumulative impacts related to water supply and service were also determined to be less than significant.

Wastewater
• The 2001 FEIS/EIR determined that impacts to wastewater conveyance and treatment were less than significant with no mitigation required.
• The TLSP 2017 SEIR determined that the TLSP would not result in any new impacts, or increase the severity of impacts, with respect to wastewater conveyance or treatment. • The TLSP 2025 SEIR determined that existing wastewater facilities operated by IRWD and OC Sanitation District have sufficient capacity to accommodate full buildout of the TLSP, including the additional 4,970 dwelling units. With implementation of Mitigation Measure UT-1, requiring coordination with IRWD to update the SAMP and verify conveyance capacity before development, impacts related to wastewater infrastructure and treatment would be less than significant with mitigation.

The TLSP 2025 SEIR also concluded that existing IRWD and OCSD facilities have sufficient capacity to serve cumulative development. Therefore, cumulative wastewater impacts would be less than significant.

Other Utilities
• Electric power, natural gas, and telecommunication facilities were not previously analyzed within the 2001 FEIS/EIR or subsequent environmental documentation for the TLSP.

TLSP 2025 SEIR Applicable Mitigation Measures
TLSP 2025 SEIR MM UT- 1: Prior to project approval, the development applicant shall coordinate with IRWD to conduct infrastructure analyses of water and sewer utilities in the project area to ensure existing conveyance and pressure is adequate to serve the project. Once development assumptions identified within the IRWD-approved SAMP are surpassed, project applicants shall coordinate with IRWD to update the SAMP for the TLSP area.
a) Require or result in the construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? The TLSP 2025 SEIR concluded that impacts related to the construction or expansion of new facilities would be less than significant with the implementation of TLSP 2025 SEIR MM UT- 1. TLSP 2025 SEIR MM UT- 1 requires that applicants conduct infrastructure analyses of water and sewer utilities to ensure existing conveyance and pressure is adequate to serve the Project. If the development assumptions of the IRWD SAMP are surpassed, developers shall coordinate with IRWD the prior to issuance of the grading permits.

With the implementation of TLSP 2025 SEIR MM UT- 1, impacts were determined to be less than significant (City of Tustin, 2025c).

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 116
Impacts Associated with the Proposed Project
No New Impact.

Water and Sewer Improvements
As discussed in Section 3, Project Description, The Project would construct 4-inch and 6-inch domestic water lines onsite that would connect to the existing 10-inch PVC water lines within John Johnson Way and Veterans Way. The Project would also implement fire hydrants that would receive water from the proposed 6-inch fire water lines onsite which would connect to the existing10-inch PVC water lines within John Johnson Way and Veterans Way. The Project would construct new sewer lines onsite which would connect to the existing 8-inch sewer line in Veterans Way and 8-inch sewer line in John Johnson Way. As such, the proposed Project would not require or result in the construction of new, unplanned off-site water and sewer facilities or the expansion of existing off-site facilities. Thus, no new impacts would result beyond those identified in the TLSP 2025 SEIR.

Drainage Improvements
As discussed in Section 3, Project Description, a series of onsite storm drain facilities with LID and Peak Storm would be incorporated on the Project site. Project runoff will be directed to a system of inlets and storm drains, to collect, store, and convey runoff. The proposed storm drain system would be oversized to include storage volume: inclusive of a 42-inch storm drain and a 48-inch storm drain. The oversized storm drains would convey flow into a modular wetland system (MWS) along Armstrong Avenue. Additionally, there would be two StormCapture chambers onsite each of which would be able to store up to 6,720 cubic feet of runoff. The storm drains, StormCapture chambers, and MWS would ultimately discharge to the existing storm drain under Armstrong Avenue and John Johnson Way. Further, the proposed Project would be adequately sized to treat the 100-year storm event. The proposed Project would not require or result in the construction of new, unplanned off-site drainage facilities or expansion of existing off-site facilities. Thus, no new impacts would result beyond those identified in the TLSP 2025 EIR.

The Project would also connect to existing electric power, natural gas, and telecommunication facilities.

Therefore, the Project would not result in the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunication facilities that could cause environmental effects. Impacts would be less than significant.

The proposed Project is proposing the development of 142,566 SF of assisted living uses and 172 senior residential units. The TLSP 2025 SEIR analyzed up to 606,000 SF of Mixed-Use Urban uses and 2,427 residential units (including density bonus units) in Neighborhood D South. Currently, Neighborhood D South has an existing buildout of 0 SF of non-residential uses and a total of 2,112 residential units; thus, it would have sufficient capacity to accommodate the proposed 142,566 SF of non-residential uses and the 172 residential units associated with the proposed development. As such, the proposed Project is within the scope of what was previously analyzed by the TLSP 2025 SEIR.

With the implementation of TLSP 2025 SEIR MM UT- 1, impacts would be less than significant. Thus, no new or substantially greater impacts would occur with implementation of the proposed Project and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? The TLSP 2025 SEIR concluded that impacts related to water supplies would result in a less than significant impact (City of Tustin, 2025c).

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 117
Impacts Associated with the Proposed Project
No New Impact. The TLSP 2025 SEIR concluded that impacts related to water supplies would be less than significant. The IRWD is responsible for supplying potable water to the Project site. Further, the TLSP 2025 SEIR determined that the IRWD would have sufficient water supplies to meet projected demand through 2044 based on the WSA that was prepared, including during dry and multiple dry year conditions. The IRWD’s water supply is a combination of groundwater, imported water, and recycled water. Approximately 50 percent of IRWD’s water supplies comes from local groundwater wells in the Orange County Groundwater Basin (OC Basin), and the Irvine and Lake Forest sub-basins. Imported water from the Metropolitan Water District of Southern California (MWD) makes up less than one-fifth of IRWD’s supply.

Water imported to Orange County comes from two sources: from the Sacramento-San Joaquin Delta in Northern California through the State Water Project (SWP), and from the Colorado River through the Colorado River Aqueduct. The IRWD meets about a quarter of the service area’s water demands with recycled water.

The 2025 TLSP SEIR prepared a WSA which details that IRWD has adequate supplies to serve its customers during normal, dry year, and multiple dry year demand through 2040. The 2020 UWMP describes that IRWD used 95 gallons per capita per day (GPCD) in 2020, which is below the target of 171 GPCD for 2020. As described previously in Section 5.8, Population and Housing, the Project would result in approximately 629 new residents. Thus, the Project would require approximately 59,775 gpd or 65.9 acrefeet per year (AFY), which is within the demand assumptions previously accounted for within the TLSP 2025 SEIR, as shown on Table UT-1.

Table UT-1: IRWD Supply and Demand with TLSP 2025 SEIR Project Buildout During Normal, Dry, and Multiple Dry Year Scenarios (AF)
Forecast Year 2025 2030 2035 2040 2044
Normal Year
Maximum Supply Capability 101,911 104,711 104,711 104,711 104,711 Existing Demand 76,540 80,802 83,150 83,359 83,525
Existing Demand + TLSP 2025 SEIR
Project
76,467 80,981 83,748 83,958 84,126
Cumulative Buildout Demand 76,467 80,981 83,748 83,958 84,126 Reserve Supply with Project 25,444 23,730 20,963 20,753 20,585 Single-Dry Year
Maximum Supply Capability 99,863 102,663 102,663 102,663 102,663 Existing Demand + TLSP 2025 SEIR
Project 81,898 86,458 88,971 89,194 90,015
Existing Demand + Project 81,820 86,649 89,611 89,835 90,015 Cumulative Buildout Demand 81,820 86,649 89,611 89,835 90,015 Reserve Supply with Project 18,043 16,013 13,052 12,828 12,648 Multiple-Dry Year
Maximum Supply Capability 99,863 102,663 102,663 102,663 102,663 Existing Demand 81,898 86,458 88,971 89,194 89,372
Existing Demand + Project 81,820 86,649 89,611 89,835 90,015 Cumulative Buildout Demand 81,820 86,649 89,611 89,835 90,015 Reserve Supply with Project 18,043 16,013 13,052 12,828 12,648 Source: TLSP 2025 SEIR
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 118
The Project would also be required to be compliant with CalGreen/Title 24 requirements for low flow plumbing fixtures and irrigation, which would provide for efficient water use. Given that the Project is within the previously analyzed assumptions, IRWD has sufficient water supplies available to serve the Project during normal, dry, and multiple dry years, and impacts would be less than significant. Thus, impacts from the proposed Project are consistent with the impacts identified in the TLSP 2025 SEIR and the level of impact remains unchanged from that cited in the TLSP 2025 SEIR. c) Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
&
d) Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The TLSP 2025 SEIR concluded that impacts related to groundwater recharge would result in a less than significant impact (City of Tustin, 2025c).

Impacts Associated with the Proposed Project
No New Impact. OCWD serves as the groundwater manager over the OC Basin and sub-basins. OCWD adopted its first Groundwater Management Plan in 1989. In July 2015, OCWD updated the Groundwater Management Plan; however, this plan has been superseded by the Basin 8-1 Alternative Plan, which was adopted in 2022. The Basin 8-1 Alternative Plan further lists existing groundwater contamination sites within the OCWD Management Area and describes that the U.S. Navy is taking the lead in remediation of the former Tustin MCAS, which closed in 1999 but has been identified as contaminated since. Thus, the Project site is not used for groundwater recharge and contains soils with poor infiltration capacity due to high groundwater levels onsite and groundwater contamination from former military operations (City of Tustin, 2025c). The TLSP 2025 SEIR describes that site remediation efforts consisting of pumping and treating groundwater, in-situ bioremediation, and monitored natural attenuation are ongoing. As such, the Project site is not in or near a groundwater recharge area/facility, nor does it represent a source of groundwater recharge. Therefore, the proposed Project would not substantially interfere with groundwater supplies or recharge and there would be no new impact when compared to what was analyzed within the TLSP 2025 SEIR.

Additionally, groundwater supply and demand were evaluated through the TLSP 2025 SEIR WSA which determined that groundwater supplies are sufficient to meet the demands of the TLSP 2025 SEIR buildout, including the proposed Project. The Project would not decrease groundwater supplies or interfere substantially with groundwater recharge. Therefore, the proposed Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Impacts would be less than significant and there would be no new impact when compared to what was analyzed within the TLSP 2025 SEIR.

Conclusion
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162 exist that would trigger the need to prepare a subsequent or supplemental EIR or other environmental document to evaluate Project impacts or mitigation measures regarding utilities and service systems. There have not been 1) changes related to development of the Project site that involve new significant environmental effects or a substantial increase in the severity of previously identified effects; 2) substantial changes with respect to the circumstances under which development of the Project site is undertaken that require major revisions of the TLSP 2025 SEIR due to the involvement of new significant environmental effects or a substantial increase in Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 119
the severity of previously identified effects; or 3) the availability of new information of substantial importance relating to significant effects or mitigation measures or alternatives that were not known and could not have been known when the TLSP 2025 SEIR was certified as completed.

Plans, Programs, or Policies (PPPs)
PPP UT-1: California Building Code. All future development constructed under the Project shall be subject to the latest version of the California Building Code (CBC) which outlines regulations for building planning and construction in the state, including occupancy classification, structural design, building materials, infrastructure needs and fire-resistance requirements.

Project Design Features (PDFs)
None.

TLSP 2025 SEIR Mitigation Measures Applicable to the Proposed Project TLSP 2025 SEIR MM UT-1: As listed above.

Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 120

6. DOCUMENT PREPARERS AND CONTRIBUTORS
Lead Agency:

City of Tustin
Planning Department
300 Centennial Way
Tustin, CA 92680
CEQA Document Preparer:

EPD Solutions, Inc.

Konnie Dobreva, JD
Danielle Thayer
Jazmin Rodriguez
Lauren Battle
Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 121

7. REFERENCES
California Department of Finance. (2025, May). Retrieved from E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2025:
https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimatesfor-cities-counties-and-the-state-2020-2025/ California Department of Forestry and Fire. (2025, October). 2025 Fire Hazard Severity Zones in Local Responsibility Area, as Recommended by the State Fire Marshal. Retrieved from CAL Fire:
https://experience.arcgis.com/experience/5065c998b4b0462f9ec3c6c226c610a9/page/Com pare-old-and-new-LRA-FHSZ
Center for Demographics Research. (2004). Orange County Projections 2004: Population, Housing and Employment Through 2030.

City of Tustin. (2018, November). City of Tustin General Plan. Retrieved from https://www.tustinca.org/DocumentCenter/View/713/City-of-Tustin-General-Plan-PDF City of Tustin. (2025a). Retrieved from Tustin Police Department About Us:
https://www.tustinca.org/177/About-Us#:~:text=Staff%20Overview,Department%20Heroes City of Tustin. (2025b). Tustin Legacy Specific Plan. Retrieved from chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.tustinca.org/DocumentCenter/View/ 706/Tustin-Legacy-Specific-Plan-PDF?bidId=
City of Tustin. (2025c). Tustin Legacy Specific Plan Amendment Daft Supplemental EIR. Retrieved from chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.tustinca.org/DocumentCenter/View/ 15579/Exhibit-3B---Draft-SEIR-Tustin-Legacy---HE-Sites-1A-1B-2-combined-reduced?bidId= Federal Transit Administration. (2018, September). Transit Noise and Vibration Impact Manual. Retrieved from chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.transit.dot.gov/sites/fta.dot.gov/file s/docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-manual-ftareport-no-0123_0.pdf SCAG. (2022, December). Local Data Exchange. Retrieved from https://www.scag.ca.gov/local-dataexchange SCAG. (2024, April 4). Connect SoCal 2024 Regional Transporation Plan. Retrieved from https://scag.ca.gov/connect-socal
South Coast Air Quality Management District. (n.d.). RULE 1113. Architectural Coatings. Retrieved from http://www.aqmd.gov/rules/reg/reg11/r1113.pdf
South Coast Air Quality Management District. (n.d.). RULE 1186. PM10 Emissions From Paved and Unpaved Roads, and Livestock Operations. Retrieved from http://www.aqmd.gov/docs/default-source/rulebook/reg-xi/rule-1186-1-less-polluting-sweepers.pdf?sfvrsn=4 South Coast Air Quality Management District. (n.d.). RULE 403. Fugitive Dust. Retrieved from http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/rule-403.pdf?sfvrsn=4 South Coast Air Quality Management District. (n.d.). RULE 431.2. Sulfur Content of Liquid Fuels. Retrieved from http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/rule-431-2.pdf?sfvrsn=4 Clearwater Living at Tustin Legacy Project Addendum to the Tustin Legacy Specific Plan Supplemental EIR City of Tustin 122
Special District Financing and Administration. (2024, April). Retrieved from Tustin Unified School District Fee Justification Report for Residential and Commercial/Industrial Development:
https://resources.finalsite.net/images/v1713309559/tustink12caus/ooojc5pfefsjd3qukhop/Devel operFeeStudy-April20241.pdf

Project Overview
The Clearwater Living Tustin Project (proposed Project) would construct a residential and living/memory care development on a currently vacant site. The proposed Project would subdivide the existing 6.14-acre parcel into two parcels. Each parcel would contain three residential buildings, or six buildings total. The buildings would provide a total of 275 new dwelling units. The 275 units would include 172 active adult housing units and 103 assisted living/memory care units (75 assisted living and 28 memory care units). Additionally, the proposed Project includes landscaping, a parking garage, recreation amenities, and utility and stormwater improvements. The proposed site plans are provided in Figures 1 and 2.

To support the CEQA documentation for the Project, this report analyzes the proposed Project’s localized construction impacts on air quality (emission of criteria pollutants) using the California Emissions Estimator Model (CalEEMod Version 2022.1) land use emission model. Table 1, Construction Schedule, shows the estimated construction schedule, which is expected to last approximately 24 months. The shorter construction period results in higher daily emissions, which reflects a conservative approach to the analysis. The overall emissions, however, are constrained by the limited scale of the Project.

Table 1: Construction Schedule
To:

From:

Date:

Re:

City of Tustin Planning Division
Maryam Javanmardi, Tina Yuan; EPD Solutions, Inc.
2/27/2026
Localized Construction Emissions Analysis for Clearwater Living Tustin Project, EPD Project Number 25-104
Activity Start Date End Date Total Working Days
Site Preparation 7/1/2026 7/28/2026 20
Grading 7/29/2026 8/25/2026 20
Building Construction 8/26/2026 5/2/2028 440
Paving 5/3/2028 5/30/2028 20
Architectural Coating 5/31/2028 7/18/2028 35
Source: CalEEMod Output Sheets (see Attachment A).

Clearwater Living Tustin Project Localized Construction Emissions Analysis 2 Figure 1: Site Plan
Clearwater Living Tustin Project Localized Construction Emissions Analysis 3 Figure 2: Site Plan (Continued)
Clearwater Living Tustin Project Localized Construction Emissions Analysis 4 Summary of Air Quality Impacts
The proposed Project’s localized construction emissions would not exceed the South Coast Air Quality Management District’s (SCAQMD) localized significance thresholds (LSTs). In addition, all construction activities would comply with applicable SCAQMD rules and regulations, such as Rule 402, Rule 403, and Rule 1113:
• Rule 402, Public Nuisance: Prohibits the discharge of air contaminants that cause injury, nuisance, or annoyance to the public or damage to property.
• Rule 403, Fugitive Dust: Aims to minimize fugitive particulate matter dust emissions during construction activities.
• Rule 1113, Architectural Coatings: Allows only low-volatile organic compounds (VOC) paints to be used.

Therefore, the proposed Project would have less-than-significant air quality impacts regarding localized construction emissions.

Project Analysis
Methodology and Model Inputs
To calculate the construction impacts, air quality emissions were estimated using CalEEMod. The passenger vehicles were analyzed using the CalEEMod default trip distance information.

The following non-default assumptions and adjustments were used in the CalEEMod emissions model for this analysis:
• Land Use: The lot acreage and building area were adjusted to match the site plan provided by the Project Applicant.
• Construction – Phases: The construction schedule was confirmed by the Project Applicant. • Construction – Offroad Equipment: It was conservatively assumed that all equipment would be used for 8 hours per workday. Tractors/loaders/backhoes were replaced with crawler tractors in the site preparation and grading phases to accurately calculate disturbance. • Construction – Dust from Material Movement: Based on information provided by the Project Applicant, grading work is anticipated to result in approximately 6,100 cubic yards (CY) of cut and 3,450 CY of fill.

Localized Significance Thresholds
Localized significance thresholds (LSTs) were adopted by the SCAQMD due to project-related construction air emissions having the potential to exceed the State and national air quality standards in the project vicinity, while not exceeding the regional emission significance thresholds adopted by the SCAQMD. These thresholds set the maximum rates of daily construction emissions from a project site that would not exceed a national or State ambient air quality standard.5F5F
1 The differences between regional thresholds and LSTs are as follows:

1. Regional thresholds include all sources of project construction emissions generated from on-site and offsite emission sources, whereas the LSTs only consider the emissions generated from on-site emission sources.

2. LSTs only apply to carbon monoxide (CO), nitrogen oxides (NOx), and particulate matter (PM10 and PM2.5), while regional thresholds include both reactive organic gases (ROG) and sulfur dioxide (SO2). 1 SCAQMD. (2008). Final Localized Significance Threshold Methodology. Referenced at http://www.aqmd.gov/docs/defaultsource/ceqa/handbook/localized-significance-thresholds/final-lst-methodologydocument.pdf.

Clearwater Living Tustin Project Localized Construction Emissions Analysis 5 3. Regional thresholds apply to emission sources located anywhere within the SCAQMD whereas the LSTs are location dependent and rely on the size of the project and emission location relative to the nearest sensitive receptor.

The SCAQMD provides screening tables (Appendix C of the SCAQMD 2008 Final Localized Significance Threshold Methodology) for projects that disturb less than or equal to 5 acres in a day.6F6F 2 These tables were
created to easily determine if the daily emissions of NOx, CO, PM10, and PM2.5 from a project could result in a significant impact to the local air quality. The thresholds are determined by:
• Source Receptor Area (SRA), which is the geographic area within the SCAQMD that can act as both a source of emissions and a receptor of emission impacts (the Project is located within SRA 16, North Orange County);
• Size of grading disturbance (construction)/size of the project (operation); and • Distance to the nearest sensitive receptor, which is defined as an individual who is most susceptible to negative health effects when exposed to air pollutants and includes children, the elderly, and adults with chronic health issues. Locations for such receptors include residences, schools, elderly care centers, and hospitals.

Project Localized Construction Emissions
As shown in Attachment B, Detailed Calculation Sheets, all construction phases are assumed to disturb an equal area of 0.5 acres per day. Given that the total construction area is 4 acres, the maximum ground disturbance per day would be 4 acres, while the total Project site encompasses approximately 6.14 acres. Pursuant to SCAQMD guidance, which recommends selecting thresholds based on the smaller of the total site area or the daily disturbed area, construction emissions were evaluated by interpolating between the 2-acre and 5- acre disturbance thresholds. The construction thresholds per acreage were interpolated using the thresholds for 2 acres and 5 acres.

Distance to the nearest sensitive receptor also determines the emission thresholds. The sensitive receptors closest to the Project site include residential homes about 22 meters (72 feet) south of the Project site; therefore, the construction emission thresholds for 25 meters were used, as that is the maximum distance identified in the LST lookup tables. This also provides a conservative estimate. Table 2, Localized Construction Emissions Estimates, shows the thresholds and estimated maximum daily construction emissions for the proposed Project. As shown in Table 2, the proposed Project would not exceed the SCAQMD LST thresholds and would therefore have a less-than-significant localized construction air quality impact. 2 SCAQMD. (2008). Final Localized Significance Threshold Methodology Appendix C. Referenced at http://www.aqmd.gov/docs/default-source/ceqa/handbook/localized-significance-thresholds/appendix-c-mass-rate-lstlook-up-tables.pdf?sfvrsn=2.

Clearwater Living Tustin Project Localized Construction Emissions Analysis 6 Table 2: Localized Construction Emissions Estimates
Construction Activity
Maximum Daily Localized Emissions
(pounds/day)
NOx CO PM10 PM2.5
2026 (Year 1)
Site Preparation 36.27 33.13 7.52 4.40
Grading 19.06 19.09 3.29 1.89
Building Construction 10.67 14.07 0.41 0.38
Maximum On-Site Emission (2026) 36.27 33.13 7.52 4.40
2027 (Year 2)
Building Construction 10.17 14.04 0.36 0.34
Maximum On-Site Emission (2027) 10.17 14.04 0.36 0.34
2028 (Year 3)
Building Construction 9.66 14.04 0.33 0.30
Paving 6.63 9.91 0.26 0.24
Architectural Coating 1.08 1.49 0.02 0.02
Maximum On-Site Emission (2028) 9.66 14.04 0.33 0.30
Maximum Daily Emissions (2026-2028) 36.27 33.13 7.52 4.40 SCAQMD Screening Thresholds 196.30 1128.00 9.30 5.30
Threshold Exceeded? No No No No
Notes: NOx = nitrogen oxides, CO = carbon monoxide, PM10 = particulate matter 10 microns in diameter, PM2.5 = particulate matter 2.5 microns in diameter
Source: CalEEMod Output Sheets (see Attachment A).

Conclusion
The proposed Project's maximum localized construction emissions would not exceed SCAQMD’s thresholds of significance, as detailed in Table 2. Additionally, all construction activities would comply with applicable SCAQMD rules and regulations, such as SCAQMD Rule 402 (Public Nuisance), 403 (Fugitive Dust), and 1113 (Architectural Coatings). Therefore, the proposed Project would result in less-than-significant air quality impacts without requiring mitigation in regard to localized construction emissions.

Clearwater Living Tustin Project Localized Construction Emissions Analysis Attachment A: CalEEMod Output Sheets
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25-104 Clearwater Living Detailed Report
Table of Contents

1. Basic Project Information

1.1. Basic Project Information

1.2. Land Use Types

1.3. User-Selected Emission Reduction Measures by Emissions Sector

2. Emissions Summary

2.1. Construction Emissions Compared Against Thresholds

2.2. Construction Emissions by Year, Unmitigated

3. Construction Emissions Details

3.1. Site Preparation (2026) - Unmitigated

3.3. Grading (2026) - Unmitigated

3.5. Building Construction (2026) - Unmitigated

3.7. Building Construction (2027) - Unmitigated

3.9. Building Construction (2028) - Unmitigated

3.11. Paving (2028) - Unmitigated

3.13. Architectural Coating (2028) - Unmitigated
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4. Operations Emissions Details

4.10. Soil Carbon Accumulation By Vegetation Type

4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated

4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated

4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated

5. Activity Data

5.1. Construction Schedule

5.2. Off-Road Equipment

5.2.1. Unmitigated

5.3. Construction Vehicles

5.3.1. Unmitigated

5.4. Vehicles

5.4.1. Construction Vehicle Control Strategies

5.5. Architectural Coatings

5.6. Dust Mitigation

5.6.1. Construction Earthmoving Activities

5.6.2. Construction Earthmoving Control Strategies

5.7. Construction Paving
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5.8. Construction Electricity Consumption and Emissions Factors

5.18. Vegetation

5.18.1. Land Use Change

5.18.1.1. Unmitigated

5.18.1. Biomass Cover Type

5.18.1.1. Unmitigated

5.18.2. Sequestration

5.18.2.1. Unmitigated

6. Climate Risk Detailed Report

6.1. Climate Risk Summary

6.2. Initial Climate Risk Scores

6.3. Adjusted Climate Risk Scores

6.4. Climate Risk Reduction Measures

7. Health and Equity Details

7.1. CalEnviroScreen 4.0 Scores

7.2. Healthy Places Index Scores

7.3. Overall Health & Equity Scores

7.4. Health & Equity Measures
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7.5. Evaluation Scorecard

7.6. Health & Equity Custom Measures

8. User Changes to Default Data
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1. Basic Project Information

1.1. Basic Project Information
Data Field Value
Project Name 25-104 Clearwater Living
Construction Start Date 7/1/2026
Lead Agency City of Tustin
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 2.50
Precipitation (days) 19.6
Location 33.7066273, -117.8325863
County Orange
City Tustin
Air District South Coast AQMD
Air Basin South Coast
TAZ 6824
EDFZ 7
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.30

1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq ft)
Population Description
Apartments Mid
Rise
172 Dwelling Unit 0.00 293,048 16,620 — 513 Active Adult units 25-104 Clearwater Living Detailed Report, 10/20/2025
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Congregate Care 103 Dwelling Unit 0.00 142,047 34,465 — 307 (Assisted Living)
Assisted
Living/Memory
Care units
Recreational
Swimming Pool

16.0 1000sqft 0.37 16,004 0.00 — — Courtyard and
Swimming pool
Enclosed Parking
Structure
188 Space 1.73 75,200 0.00 — — Enclosed Parking
Structure-Active
adult
Enclosed Parking
Structure

56.0 Space 0.51 22,400 0.00 — — Enclosed Parking
Structure-Senior
Living
Other Non-Asphalt
Surfaces

3.22 Acre 3.22 0.00 0.00 — — Other non-Asphalt
Surfaces
Parking Lot 34.0 Space 0.31 0.00 0.00 — — Surface Parking

1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected

2. Emissions Summary

2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
Unmit. 80.7 36.3 34.2 0.05 7.78 4.46 7,460
Daily, Winter (Max) — — — — — — —
Unmit. 2.01 13.1 26.0 0.04 4.04 1.25 7,292
Average Daily (Max) — — — — — — —
Unmit. 8.23 8.98 18.3 0.03 2.82 0.86 5,182
Annual (Max) — — — — — — —
Unmit. 1.50 1.64 3.35 < 0.005 0.52 0.16 858
Exceeds (Daily Max) — — — — — — —
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Threshold 75.0 100 550 150 150 55.0 —
Unmit. Yes No No No No No —
Exceeds (Average
Daily)
— — — — — — —
Threshold 75.0 100 550 150 150 55.0 —
Unmit. No No No No No No —

2.2. Construction Emissions by Year, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily - Summer (Max) — — — — — — —
2026 4.07 36.3 34.2 0.05 7.78 4.46 7,460
2027 1.84 12.4 26.9 0.04 4.00 1.21 7,374
2028 80.7 11.7 26.2 0.04 3.96 1.18 7,252
Daily - Winter (Max) — — — — — — —
2026 2.01 13.1 26.0 0.04 4.04 1.25 7,292
2027 1.84 12.5 25.2 0.04 4.00 1.21 7,210
2028 1.78 11.9 24.6 0.04 3.96 1.18 7,122
Average Daily — — — — — — —
2026 0.85 6.41 9.61 0.01 1.64 0.67 2,422
2027 1.31 8.98 18.3 0.03 2.82 0.86 5,182
2028 8.23 3.34 6.95 0.01 1.03 0.31 1,893
Annual — — — — — — —
2026 0.15 1.17 1.75 < 0.005 0.30 0.12 401
2027 0.24 1.64 3.35 < 0.005 0.52 0.16 858
2028 1.50 0.61 1.27 < 0.005 0.19 0.06 313

3. Construction Emissions Details
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3.1. Site Preparation (2026) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Off-Road Equipment 4.00 36.3 33.1 0.05 1.86 1.71 5,872
Dust From Material
Movement
— — — — 5.66 2.69 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Off-Road Equipment 0.22 1.99 1.82 < 0.005 0.10 0.09 322 Dust From Material
Movement
— — — — 0.31 0.15 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment 0.04 0.36 0.33 < 0.005 0.02 0.02 53.3 Dust From Material
Movement
— — — — 0.06 0.03 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Worker 0.07 0.06 1.05 0.00 0.26 0.06 264
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Worker < 0.005 < 0.005 0.05 0.00 0.01 < 0.005 13.9
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Worker < 0.005 < 0.005 0.01 0.00 < 0.005 < 0.005 2.31
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00

3.3. Grading (2026) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Off-Road Equipment 2.16 19.1 19.1 0.03 1.04 0.96 3,146
Dust From Material
Movement
— — — — 2.26 0.94 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Off-Road Equipment 0.12 1.04 1.05 < 0.005 0.06 0.05 172 Dust From Material
Movement
— — — — 0.12 0.05 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment 0.02 0.19 0.19 < 0.005 0.01 0.01 28.5 Dust From Material
Movement
— — — — 0.02 0.01 —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Worker 0.05 0.05 0.79 0.00 0.20 0.05 198
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Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.02 1.36 0.60 0.01 0.32 0.10 1,196
Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Worker < 0.005 < 0.005 0.04 0.00 0.01 < 0.005 10.5
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling < 0.005 0.08 0.03 < 0.005 0.02 0.01 65.5
Annual — — — — — — —
Worker < 0.005 < 0.005 0.01 0.00 < 0.005 < 0.005 1.73
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 10.8

3.5. Building Construction (2026) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Off-Road Equipment 1.16 10.7 14.1 0.03 0.41 0.38 2,639
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Off-Road Equipment 1.16 10.7 14.1 0.03 0.41 0.38 2,639
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily — — — — — — —
Off-Road Equipment 0.29 2.67 3.52 0.01 0.10 0.09 661
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment 0.05 0.49 0.64 < 0.005 0.02 0.02 109 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Worker 0.83 0.75 12.9 0.00 3.21 0.75 3,246
Vendor 0.03 1.53 0.77 0.01 0.42 0.12 1,575
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Worker 0.83 0.86 11.2 0.00 3.21 0.75 3,081
Vendor 0.03 1.60 0.78 0.01 0.42 0.12 1,572
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily — — — — — — —
Worker 0.21 0.22 2.91 0.00 0.79 0.19 783
Vendor 0.01 0.40 0.19 < 0.005 0.10 0.03 394
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Worker 0.04 0.04 0.53 0.00 0.14 0.03 130
Vendor < 0.005 0.07 0.04 < 0.005 0.02 0.01 65.2
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00

3.7. Building Construction (2027) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Off-Road Equipment 1.11 10.2 14.0 0.03 0.36 0.34 2,639
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Off-Road Equipment 1.11 10.2 14.0 0.03 0.36 0.34 2,639
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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Average Daily — — — — — — —
Off-Road Equipment 0.79 7.27 10.0 0.02 0.26 0.24 1,885
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment 0.14 1.33 1.83 < 0.005 0.05 0.04 312 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Worker 0.70 0.74 12.2 0.00 3.21 0.75 3,191
Vendor 0.03 1.47 0.73 0.01 0.42 0.12 1,544
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Worker 0.70 0.75 10.4 0.00 3.21 0.75 3,030
Vendor 0.03 1.54 0.75 0.01 0.42 0.12 1,541
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily — — — — — — —
Worker 0.50 0.61 7.78 0.00 2.27 0.53 2,196
Vendor 0.02 1.10 0.53 0.01 0.30 0.09 1,101
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Worker 0.09 0.11 1.42 0.00 0.41 0.10 364
Vendor < 0.005 0.20 0.10 < 0.005 0.05 0.02 182
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00

3.9. Building Construction (2028) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
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Daily, Summer (Max) ———————
Off-Road Equipment 1.07 9.66 14.0 0.03 0.33 0.30 2,639
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) ———————
Off-Road Equipment 1.07 9.66 14.0 0.03 0.33 0.30 2,639
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily ———————
Off-Road Equipment 0.26 2.33 3.38 0.01 0.08 0.07 635
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual———————
Off-Road Equipment 0.05 0.42 0.62 < 0.005 0.01 0.01 105 Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite———————
Daily, Summer (Max) ———————
Worker 0.68 0.63 11.5 0.00 3.21 0.75 3,104
Vendor 0.03 1.41 0.71 0.01 0.42 0.12 1,509
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) ———————
Worker 0.67 0.74 9.85 0.00 3.21 0.75 2,976
Vendor 0.03 1.48 0.72 0.01 0.42 0.12 1,507
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Average Daily ———————
Worker 0.16 0.18 2.48 0.00 0.76 0.18 727
Vendor 0.01 0.36 0.17 < 0.005 0.10 0.03 363
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual———————
Worker 0.03 0.03 0.45 0.00 0.14 0.03 120
Vendor < 0.005 0.06 0.03 < 0.005 0.02 0.01 60.1
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Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00

3.11. Paving (2028) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Off-Road Equipment 0.69 6.63 9.91 0.01 0.26 0.24 1,516
Paving 0.33 — — — — — —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Off-Road Equipment 0.04 0.36 0.54 < 0.005 0.01 0.01 83.1 Paving 0.02 — — — — — —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment 0.01 0.07 0.10 < 0.005 < 0.005 < 0.005 13.8 Paving < 0.005 — — — — — —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Worker 0.04 0.04 0.70 0.00 0.20 0.05 189
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Worker < 0.005 < 0.005 0.03 0.00 0.01 < 0.005 10.1
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Worker < 0.005 < 0.005 0.01 0.00 < 0.005 < 0.005 1.67
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00

3.13. Architectural Coating (2028) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location ROG NOx CO SO2 PM10T PM2.5T CO2e
Onsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Off-Road Equipment 0.14 1.08 1.49 < 0.005 0.02 0.02 179 Architectural Coatings 80.5 — — — — — —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Off-Road Equipment 0.01 0.10 0.14 < 0.005 < 0.005 < 0.005 17.1 Architectural Coatings 7.71 — — — — — —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Off-Road Equipment < 0.005 0.02 0.03 < 0.005 < 0.005 < 0.005 2.84 Architectural Coatings 1.41 — — — — — —
Onsite truck 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Offsite — — — — — — —
Daily, Summer (Max) — — — — — — —
Worker 0.14 0.13 2.29 0.00 0.64 0.15 621
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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Daily, Winter (Max) — — — — — — —
Average Daily — — — — — — —
Worker 0.01 0.01 0.20 0.00 0.06 0.01 57.9
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Annual — — — — — — —
Worker < 0.005 < 0.005 0.04 0.00 0.01 < 0.005 9.59
Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00

4. Operations Emissions Details

4.10. Soil Carbon Accumulation By Vegetation Type

4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetation ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
Total — — — — — — —
Daily, Winter (Max) — — — — — — —
Total — — — — — — —
Annual — — — — — — —
Total — — — — — — —

4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
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Total — — — — — — —
Daily, Winter (Max) — — — — — — —
Total — — — — — — —
Annual — — — — — — —
Total — — — — — — —

4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species ROG NOx CO SO2 PM10T PM2.5T CO2e
Daily, Summer (Max) — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
— — — — — — — —
Daily, Winter (Max) — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
— — — — — — — —
Annual — — — — — — —
Avoided — — — — — — —
Subtotal — — — — — — —
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Sequestered — — — — — — —
Subtotal — — — — — — —
Removed — — — — — — —
Subtotal — — — — — — —
— — — — — — — —

5. Activity Data

5.1. Construction Schedule
Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Site Preparation Site Preparation 7/1/2026 7/28/2026 5.00 20.0 — Grading Grading 7/29/2026 8/25/2026 5.00 20.0 —
Building Construction Building Construction 8/26/2026 5/2/2028 5.00 440 — Paving Paving 5/3/2028 5/30/2028 5.00 20.0 —
Architectural Coating Architectural Coating 5/31/2028 7/18/2028 5.00 35.0 —

5.2. Off-Road Equipment

5.2.1. Unmitigated
Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Average 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Back
hoes
Diesel Average 0.00 8.00 84.0 0.37
Site Preparation Crawler Tractors Diesel Average 4.00 8.00 87.0 0.43 Site Preparation Other Construction
Equipment
Diesel Average 1.00 8.00 82.0 0.42
Grading Graders Diesel Average 1.00 8.00 148 0.41
Grading Excavators Diesel Average 1.00 8.00 36.0 0.38
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Grading Tractors/Loaders/Back Diesel Average 0.00 8.00 84.0 0.37 Grading Rubber Tired Dozers Diesel Average 1.00 8.00 367 0.40 Grading Crawler Tractors Diesel Average 3.00 8.00 87.0 0.43 Building Construction Forklifts Diesel Average 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Cranes Diesel Average 1.00 8.00 367 0.29 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Building Construction Tractors/Loaders/Back
hoes
Diesel Average 3.00 8.00 84.0 0.37
Paving Pavers Diesel Average 2.00 8.00 81.0 0.42
Paving Paving Equipment Diesel Average 2.00 8.00 89.0 0.36 Paving Rollers Diesel Average 2.00 8.00 36.0 0.38
Architectural Coating Air Compressors Diesel Average 1.00 8.00 37.0 0.48

5.3. Construction Vehicles

5.3.1. Unmitigated
Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Site Preparation — — — —
Site Preparation Worker 20.0 18.5 LDA,LDT1,LDT2
Site Preparation Vendor — 10.2 HHDT,MHDT
Site Preparation Hauling 0.00 20.0 HHDT
Site Preparation Onsite truck — — HHDT
Grading — — — —
Grading Worker 15.0 18.5 LDA,LDT1,LDT2
Grading Vendor — 10.2 HHDT,MHDT
Grading Hauling 16.6 20.0 HHDT
Grading Onsite truck — — HHDT
Building Construction — — — —
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Building Construction Worker 246 18.5 LDA,LDT1,LDT2
Building Construction Vendor 48.0 10.2 HHDT,MHDT
Building Construction Hauling 0.00 20.0 HHDT
Building Construction Onsite truck — — HHDT
Paving — — — —
Paving Worker 15.0 18.5 LDA,LDT1,LDT2
Paving Vendor — 10.2 HHDT,MHDT
Paving Hauling 0.00 20.0 HHDT
Paving Onsite truck — — HHDT
Architectural Coating — — — —
Architectural Coating Worker 49.1 18.5 LDA,LDT1,LDT2
Architectural Coating Vendor — 10.2 HHDT,MHDT
Architectural Coating Hauling 0.00 20.0 HHDT
Architectural Coating Onsite truck — — HHDT

5.4. Vehicles

5.4.1. Construction Vehicle Control Strategies
Non-applicable. No control strategies activated by user.

5.5. Architectural Coatings
Phase Name Residential Interior Area
Coated (sq ft)
Residential Exterior Area
Coated (sq ft)
Non-Residential Interior Area
Coated (sq ft)
Non-Residential Exterior Area
Coated (sq ft)
Parking Area Coated (sq ft)
Architectural Coating 881,067 293,689 4,391 488 15,080

5.6. Dust Mitigation

5.6.1. Construction Earthmoving Activities
Phase Name Material Imported (cy) Material Exported (cy) Acres Graded (acres) Material Demolished (sq. ft.) Acres Paved (acres) 25-104 Clearwater Living Detailed Report, 10/20/2025
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Site Preparation — — 70.0 0.00 —
Grading — 2,650 50.0 0.00 —
Paving 0.00 0.00 0.00 0.00 5.77

5.6.2. Construction Earthmoving Control Strategies
Control Strategies Applied Frequency (per day) PM10 Reduction PM2.5 Reduction Water Exposed Area 3 74% 74%

5.7. Construction Paving
Land Use Area Paved (acres) % Asphalt
Apartments Mid Rise — 0%
Congregate Care (Assisted Living) — 0%
Recreational Swimming Pool 0.00 0%
Enclosed Parking Structure 1.73 100%
Enclosed Parking Structure 0.51 100%
Other Non-Asphalt Surfaces 3.22 0%
Parking Lot 0.31 100%

5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh)
Year kWh per Year CO2 CH4 N2O
2027 0.00 346 0.03 < 0.005
2026 0.00 346 0.03 < 0.005
2028 0.00 346 0.03 < 0.005

5.18. Vegetation
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5.18.1. Land Use Change

5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres

5.18.1. Biomass Cover Type

5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres

5.18.2. Sequestration

5.18.2.1. Unmitigated
Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)

6. Climate Risk Detailed Report

6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100.

Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 9.03 annual days of extreme heat Extreme Precipitation 3.50 annual days with precipitation above 20 mm Sea Level Rise — meters of inundation depth
Wildfire 1.31 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. 25-104 Clearwater Living Detailed Report, 10/20/2025
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Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (Radke et al., 2017, CEC-500-2017-008), and consider inundation location and depth for the San Francisco Bay, the Sacramento-San Joaquin River Delta and California coast resulting different increments of sea level rise coupled with extreme storm events. Users may select from four scenarios to view the range in potential inundation depth for the grid cell. The four scenarios are: No rise, 0.5 meter, 1.0 meter, 1.41 meters Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 0 0 N/A
Wildfire 1 0 0 N/A
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 0 0 0 N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.

The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.

The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.

6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 1 1 2
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 1 1 2
Wildfire 1 1 1 2
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
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Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 1 1 1 2
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.

The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.

6.4. Climate Risk Reduction Measures

7. Health and Equity Details

7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.

Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 58.2
AQ-PM 68.7
AQ-DPM 84.2
Drinking Water 53.2
Lead Risk Housing 28.7
Pesticides 11.8
Toxic Releases 91.4
Traffic 88.9
Effect Indicators —
CleanUp Sites 97.3
Groundwater 99.0
Haz Waste Facilities/Generators 98.4
Impaired Water Bodies 83.0
Solid Waste 97.7
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Sensitive Population —
Asthma 17.0
Cardio-vascular 20.8
Low Birth Weights 54.8
Socioeconomic Factor Indicators —
Education 49.2
Housing 39.2
Linguistic 59.4
Poverty 55.5
Unemployment 5.57

7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.

Indicator Result for Project Census Tract
Economic —
Above Poverty 47.45284229
Employed 76.27357885
Median HI 69.01065058
Education —
Bachelor's or higher 70.42217375
High school enrollment 100
Preschool enrollment 16.21968433
Transportation —
Auto Access 57.21801617
Active commuting 69.0619787
Social —
2-parent households 42.17887848
Voting 31.99024766
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Neighborhood —
Alcohol availability 44.80944437
Park access 28.53843193
Retail density 94.63621199
Supermarket access 58.28307455
Tree canopy 29.41100988
Housing —
Homeownership 19.54317978
Housing habitability 30.20659566
Low-inc homeowner severe housing cost burden 97.88271526 Low-inc renter severe housing cost burden 75.33684075
Uncrowded housing 22.40472219
Health Outcomes —
Insured adults 50.3143847
Arthritis 98.6
Asthma ER Admissions 82.6
High Blood Pressure 98.8
Cancer (excluding skin) 96.0
Asthma 65.7
Coronary Heart Disease 98.7
Chronic Obstructive Pulmonary Disease 94.6
Diagnosed Diabetes 98.6
Life Expectancy at Birth 99.4
Cognitively Disabled 52.2
Physically Disabled 81.6
Heart Attack ER Admissions 76.4
Mental Health Not Good 58.7
Chronic Kidney Disease 99.0
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Obesity 94.5
Pedestrian Injuries 72.5
Physical Health Not Good 93.2
Stroke 98.4
Health Risk Behaviors —
Binge Drinking 4.3
Current Smoker 42.3
No Leisure Time for Physical Activity 69.0
Climate Change Exposures —
Wildfire Risk 0.0
SLR Inundation Area 0.0
Children 25.4
Elderly 82.5
English Speaking 49.5
Foreign-born 80.9
Outdoor Workers 61.4
Climate Change Adaptive Capacity —
Impervious Surface Cover 18.1
Traffic Density 92.8
Traffic Access 65.3
Other Indices —
Hardship 52.6
Other Decision Support —
2016 Voting 59.2

7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 64.0 25-104 Clearwater Living Detailed Report, 10/20/2025
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Healthy Places Index Score for Project Location (b) 56.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) No Project Located in a Low-Income Community (Assembly Bill 1550) No Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.

7.4. Health & Equity Measures
No Health & Equity Measures selected.

7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.

7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.

8. User Changes to Default Data
Screen Justification
Land Use Values adjusted per site plan.

Construction: Construction Phases Removed demolition phase as the site is vacant.

Construction: Off-Road Equipment Conservatively assumed all equipment would run 8 hours a day. Replaced tractors/loaders/backhoes with crawler tractor to accurately assess site disturbance. Included 1 diesel crushing equipment to account for crushing during demolition phase. Included 1 "other construction equipment" to account for a woodchipper during the site preparation phase.

Construction: Off-Road Equipment EF Input emissions factors for diesel crushing equipment using EMFAC OFFROAD2021 values for Orange County subarea, 2026.

Operations: Vehicle Data Adjusted weekday, Saturday, and Sunday trip rates to ITE 11th edition rates (Land use codes 210 and 220).

Operations: Emergency Generators and Fire Pumps Included proposed generator and fire pump information from Project Applicant.

Operations: Hearths No proposed fireplaces.

Clearwater Living Tustin Project Localized Construction Emissions Analysis Attachment B: Detailed Calculation Sheets
ROG NOx CO SOx PM10 PM2.5
Site Preparation 4.07 36.34 34.19 0.05 7.78 4.46
Off-Road 4.00 36.27 33.13 0.05 1.86 1.71
Dust From Material Movement 5.66 2.69
Off-Site (Worker Trip) 0.07 0.06 1.05 0.00 0.26 0.06
Grading 2.23 20.46 20.48 0.04 3.81 2.04
Off-Road 2.16 19.06 19.09 0.03 1.04 0.96
Dust From Material Movement 2.26 0.94
Off-Site (Worker Trip) 0.05 0.05 0.79 0.00 0.20 0.05
Off-Site (Hauling Trip) 0.02 1.36 0.60 0.01 0.32 0.10
Building Construction 2.02 13.13 27.78 0.04 4.04 1.25
Off-Road 1.16 10.67 14.07 0.03 0.41 0.38
Onsite Truck 0.00 0.00 0.00 0.00 0.00 0.00
Off-Site (Worker Trip) 0.83 0.86 12.95 0.00 3.21 0.75
Off-Site (Vendor Trip) 0.03 1.60 0.77 0.01 0.42 0.12
Maximum Daily Emissions (2026) 4.07 36.34 34.19 0.05 7.78 4.46 Building Construction 1.84 12.38 26.92 0.04 4.00 1.21
Off-Road 1.11 10.17 14.04 0.03 0.36 0.34
Onsite Truck 0.00 0.00 0.00 0.00 0.00 0.00
Off-Site (Worker Trip) 0.70 0.74 12.15 0.00 3.21 0.75
Off-Site (Vendor Trip) 0.03 1.47 0.73 0.01 0.42 0.12
Maximum Daily Emissions (2027) 1.84 12.38 26.92 0.04 4.00 1.21 Building Construction 1.78 11.71 26.21 0.04 3.96 1.18
Off-Road 1.07 9.66 14.04 0.03 0.33 0.30
Onsite Truck 0.00 0.00 0.00 0.00 0.00 0.00
Off-Site (Worker Trip) 0.68 0.63 11.46 0.00 3.21 0.75
Off-Site (Vendor Trip) 0.03 1.41 0.71 0.01 0.42 0.12
Paving 1.06 6.67 10.61 0.01 0.45 0.28
Off-Road 0.69 6.63 9.91 0.01 0.26 0.24
Paving 0.33
Off-Site (Worker Trip) 0.04 0.04 0.70 0.00 0.20 0.05
Architectural Coating 80.88 1.20 3.78 0.00 0.66 0.17
Off-Road 0.14 1.08 1.49 0.00 0.02 0.02
Architectural Coating 80.60 0.00 0.00 0.00 0.00 0.00
Off-Site (Worker Trip) 0.14 0.13 2.29 0.00 0.64 0.15
Maximum Daily Emissions (2027) 80.88 11.71 26.21 0.04 3.96 1.18 Maximum Daily Emissions (2026-2028) 80.88 36.34 34.19 0.05 7.78 4.46 SCAQMD Thresholds 75 100 550 150 150 55
Threshold Exceeded? Yes No No No No No
Notes: ROG = reactive organic gases, NOx = nitrogen oxides, CO = carbon monoxide, SOx = sulfur oxides, PM10 = particulate matter 10 microns in diameter, PM2.5 = particulate matter 2.5 microns in diameter
Source: CalEEMod Output Sheets.
2027(Year 2)
Construction Emissions
Construction Activity
Maximum Daily Regional Emissions
(pounds/day)
2026 (Year 1)
2028(Year 3)
Rubber Tired Dozers 3 8 0.5 1.5
Other Construction Equipment 1 8 0.5 0.5
Crawler Tractors 4 8 0.5 2
4 Graders 1 8 0.5 0.5
Rubber Tired Dozers 1 8 0.5 0.5
Excavators 1 8 0.5 0.5
Crawler Tractors 3 8 0.5 1.5
3 Maximum Acres Disturbed Per Day 4
Source: CalEEMod Output Sheets.

Site
Preparation
Total Acres Disturbed Per Day
Grading
Total Acres Disturbed Per Day
Construction Equipment Modeled in CalEEMod and Acres Disturbed Per Day Activity Equipment Type Equipment
Quantity
Operating
Hours per
Day
Acres Disturbed per Piece
of Equipment per Day
Acres Disturbed
per Day
NOx CO PM10 PM2.5
Site Preparation 36.27 33.13 7.52 4.40
Grading 19.06 19.09 3.29 1.89
Building Construction 10.67 14.07 0.41 0.38
Maximum On-site Emission (2026) 36.27 33.13 7.52 4.40
Building Construction 10.17 14.04 0.36 0.34
Maximum On-site Emission (2027) 10.17 14.04 0.36 0.34
Building Construction 9.66 14.04 0.33 0.30
Paving 6.63 9.91 0.26 0.24
Architectural Coating 1.08 1.49 0.02 0.02
Maximum On-site Emission (2028) 9.66 14.04 0.33 0.30
Maximum Daily Emissions (2026-2028) 36.27 33.13 7.52 4.40 SCAQMD Screening Thresholds 196.30 1128.00 9.30 5.30
Threshold Exceeded? No No No No
2028 (Year 3)
2027(Year 2)
Localized Construction Emission Estimates
Construction Activity
Maximum Daily Localized
Emissions
(pounds/day)
2026(Year 1)
Veneklasen Associates
Consultants in Acoustics | Noise | Vibration | AV | IT
1711 Sixteenth Street  Santa Monica California 90404  tel: 310.450.1733  fax: 310.396.3424  www.veneklasen.com January 21, 2026
HPI Architecture
115 22nd Street
Newport Beach, CA 92663
Attention: Stephanie Lucero | Director, Housing Studio
CC: Raymond Gamo | Senior Technical Lead
Subject: Clearwater/Confluent Tustin
Active Adult and Assisted Living / Memory Care Projects Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
Dear Raymond:

Veneklasen Associates, Inc. (Veneklasen) has reviewed the collocated Clearwater/Confluent Tustin projects in Tustin, CA. This revised report has been updated per the most recent relevant architectural plan sheets. It predicts the exterior noise level at the site using measurements and computer modeling. Using this information, interior noise levels were calculated based on the exterior noise exposure and the construction types proposed. From this, the exterior façade design was determined. This report discusses the results of the analysis.

1.0 INTRODUCTION
This study was conducted to determine the impact of the exterior noise sources on the Clearwater/Confluent Tustin projects in Tustin, CA. Veneklasen’s scope of work included calculating the exterior noise levels impacting the site and determining the method, if any, required to reduce the interior and exterior sound levels to meet the applicable code requirements of the State of CA and the City of Tustin.

The projects are a 5-level active adult (AA) development with an internal courtyard on the west northwest portion of the site and a 2-level assisted living / memory care (AL/MC) development—also with an internal courtyard—on the east southeast portion of the site. The site of the projects is bounded by Warner Avenue to the north, Armstrong Avenue to the west, the future Veterans Way to the east, and the future John Johnson Way to the south.

The projects include various small, bounded outdoor areas dedicated to specific dwelling units. Where those areas are at ground level, they will be referred to as patios. When they are at elevated floors, they will be referred to as balconies (even when positioned over the garage structure).

2.0 NOISE CRITERIA
CNEL (Community Noise Equivalent Level) is the 24-hour equivalent (average) sound pressure level in which the evening (7 pm–10 pm) and nighttime (10 pm – 7 am) noise is weighted by adding 5 and 10 dB, respectively, to the hourly level. Since this is a 24-hour metric, short-duration noise events (truck pass-bys, buses, trains, etc.) are not as prominent in the analysis.

Leq (equivalent continuous sound level) is defined as the steady sound pressure level which, over a given period of time, has the same total energy as the actual fluctuating noise.

All reported noise levels are A-weighted.

2.1 Interior Noise Levels – Residential
The State of CA Building Code (Title 24, Part 2, Section 1206 “Sound Transmission”) and the City of Tustin Noise Element state that interior CNEL for residential land uses are not to exceed 45 dB in any habitable room.

If the windows must be closed to meet an interior CNEL of 45 dB, then a mechanical ventilating system or other means of natural ventilation may be required.

Although not a regulatory requirement or planning standard, Veneklasen suggests that the maximum noise level from short-duration noise events during the night not exceed 55 dB. This criterion is based on sleep disturbance research and experience with similar projects (including both conventional residential and senior living facilities).

2.2 CALGreen – Non-Residential
The California Green Building Standards Code (CALGreen Section 5.507.4.2) stipulates that for buildings exposed to a noise level of 65 dB or more when measured as a 1-hour Equivalent Sound Level (Leq), the building façade, including walls, windows, and roofs, shall provide enough sound insulation so that the interior sound level from exterior sources does not exceed 50 dB during any hour of operation. This applies to non-residential spaces such as retail space, leasing, and amenities.

2.3 Exterior Noise Levels – Residential
The City of Tustin Noise Element states that for new multi-family residential projects, the exterior CNEL is not to exceed 65 dB in the following usable outdoor activity areas: patios and balconies (with a depth of 6 feet or more) and common recreation areas.

3.0 EXTERIOR NOISE ENVIRONMENT

3.1 Noise Measurements
Traffic on Warner Ave. was the primary source of noise affecting the site; currently Armstrong Ave. traffic is a substantive but much less potent secondary noise source. The site is well east of the airport’s 60 dB CNEL contour.

Veneklasen visited the site on Tuesday, February 20, 2024 and placed meters on the site perimeter to capture the hourly sound levels on the site for a 4-hour period. Due to ongoing construction at the site, Veneklasen’s measurements began after construction ceased. Accordingly, the measured levels capture the latter portion of the PM peak traffic period as well as lower traffic noise levels through the evening. Intermittent John Wayne Airport arrival flyovers were observed generally west of the site; these events generated only modest maximum noise levels and were not an important contributor to long-term average noise levels.

Figure 1 and Table 1 show the location and summary of the noise measurements. The site boundary shown in Figure 1 encloses both projects.

Veneklasen Associates
Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 3
www.veneklasen.com
Figure 1 – Aerial View of Project (AA & AL/MC) Site Envelope Showing Measurement Locations Table 1 – Measured Sound Levels
Location
Measured LAeq (dB)
Overall
Loudest
60-minute
Period
L1 62 65
L2 65 66

3.2 Computer Modeling
Veneklasen used the Traffic Noise Model 3.2 (TNM) developed by the Federal Highway Administration (FHWA) to predict vehicular noise levels at various locations. The primary purpose of the computer model was to determine how the noise environment will change due to traffic and site changes.

Veneklasen obtained/derived predicted future cumulative—with Tustin Legacy Specific Plan (SP)—traffic volumes primarily from Appendix C of the 2024 Tustin Legacy Specific Plan Amendment Draft Subsequent Environmental Impact Report (2024 Tustin Legacy SPA DSEIR1). Representative 24-hour traffic distributions were obtained from hourly count data in Appendix E2 of the 2017 Tustin Legacy SPA DSEIR3. Assumed vehicle type splits were as follows: 96% autos, 3% medium trucks, 1% heavy trucks. 1 City of Tustin / EPD Solutions. (June 2024). Tustin Legacy Specific Plan Amendment: Draft Supplemental Environmental Impact Report (DSEIR). https://www.tustinca.org/DocumentCenter/View/15579/Exhibit-3B---Draft-SEIR-Tustin-Legacy---HE-Sites-1A1B-2-combined-reduced?bidId=. 2 City of Tustin / Stantec Consulting Services Inc. (March 8, 2017). Tustin Legacy Specific Plan Update Traffic Impact Study (Appendix E of 2017 Tustin Legacy SPA DSEIR). https://www.tustinca.org/DocumentCenter/View/14869/Tustin-Legacy-SP-DraftSupplemental-Environmental-Impact-Report-Volume-II#page=1347 3 City of Tustin / Placeworks. (March 2017). Tustin Legacy Specific Plan Amendment: Draft Supplemental Environmental Impact Report (DSEIR). https://www.tustinca.org/DocumentCenter/View/14868/Tustin-Legacy-SP-Draft-Supplemental-EnvironmentalImpact-Report-Volume-I Veneklasen Associates
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Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 4
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Traffic growth associated with Tustin Legacy SP implementation was already underway when Veneklasen performed its 2024 noise measurements. To estimate the proportion of ultimate SP-related traffic growth that had occurred by that time, Veneklasen compared trip generation associated with “Completed to date” progress shown on the City of Tustin’s Tustin Legacy website with overall SP trip generation predictions. This (along with cumulative traffic growth information) provided a basis for interpolating traffic volumes between Existing (pre-SP) and post-SP-buildout traffic volumes. Noise levels modeled using these interpolated traffic volumes—adjusted for relevant hours of the day per the aforementioned 24-hour hourly traffic distributions—closely matched the measured noise levels from Veneklasen’s 2024 noise measurement survey. This process served to validate the traffic noise model for its application to predicting future noise levels at project building facades.

3.3 Overall Exterior Exposure
Based on the computer model and measurements, Veneklasen calculated the noise level at different locations across the project site. To simplify the presentation of the exterior noise levels, Veneklasen has separated the site into locations (zones) based on the sound exposure and required mitigation. The predicted sound levels at each residential façade zone, shown in Figure 2 through Figure 6, are listed in Table 2.

Table 2 – Exterior Noise Levels
Location
Exterior CNEL (dB)
Event Level
(dB) Incident on
Facades
At
Balconies/Patiosa
Zone A 68 – 69 70 – 71 77 – 78
Zone B 66 – 67 -- 75 – 76
Zone C 64 – 65 66 – 67 73 – 74
Zone D 61 – 63 -- 70 – 72
Remaining Units ≤ 60 -- ≤ 69
a
These levels account for reflection of exterior-source noise from facades, as well as slightly closer distances to nearest exterior sources, and do not account for any intervening barriers.

These zones are denoted in the corresponding figures by color- and dash-coded lines. Outdoor use areas subject to Noise Element Table N-3 standards are coded in pink—pink outlines for larger areas (e.g., for common use) and pink shading for smaller ones (e.g., patios and balconies that are 6 feet or more in depth across at least portions of their widths). Patios and balconies shown in these figures and less than 6 feet in depth do not have pink shading added.

Current roof plans show rooftop mechanical equipment near the northeast corner of the AL/MC building.

Some upper (3rd and/or higher floor) dwelling units along the north portion of the east-side façade of the AA building could have direct line of sight exposure to noise from such equipment at distances of less than 100 feet. Future exterior noise levels at those façade locations (assigned to Zones B through D based on exposure to noise sources exterior to the AA & AL/MC developments) could be at least slightly higher than indicated.

Veneklasen Associates
Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 5
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Figure 2 – Noise Zones: Active Adult (AA), Second Floor Zone A
AA
Outdoor
Area
Zone C
Zone C
Zone B
Zone B
Zone D
Zone D
Veneklasen Associates
Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 6
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Figure 3 – Noise Zones: Active Adult (AA), Third Floor
Zone A
Zone C
Zone C
Zone B
Zone B
Zone D
Zone D
Veneklasen Associates
Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 7
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Figure 4 – Noise Zones: Active Adult (AA), Fourth & Fifth Floors Zone A
Zone C
Zone C
Zone B
Zone B
Zone D
Zone D
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Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
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Zone E Figure 5 – Noise Zones: Assisted Living / Memory Care (AL-MC), First Floor Zone A
Zone B
Zone C
AL-MC
Outdoor
Area
Veneklasen Associates
Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
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Figure 6 – Noise Zones: Assisted Living / Memory Care (AL-MC), Second Floor

4.0 INTERIOR NOISE CALCULATION

4.1 Exterior Façade Construction
Calculations were based on the latest entitlement submittal drawings. HPI previously provided the following construction compositions for the planned one-and two-hour fire rated exterior wall assemblies; they are applied for the current projects pending further development of assembly composition design.  One-hour assemblies across the project are assumed to consist of plaster on metal lathe (7/8-inch) or wood siding -- or plaster on metal lathe (7/8-inch) -- over one layer of gypsum board (5/8-inch) , 5-1/2-inch wood or 6-inch metal studs, and a single layer of gypsum board on the interior with batt insulation in the cavity.  Two-hour assemblies across the project are assumed to consist of wood siding (5/8-inch) over metal furring (3/8-inch), plaster on metal lathe (7/8-inch) or wood siding -- or tile (1-inch) over cast-in-place concrete (3/4-inch) -- over one layer of gypsum board (5/8-inch) , 5-1/2-inch wood or 6-inch metal studs, and a single layer of gypsum board on the interior with batt insulation in the cavity.

Veneklasen’s analysis included the roof path, but this was insignificant in the interior noise level calculated.

Zone A
Zone E
Zone B
Zone C
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Exterior Noise and Exterior Façade Acoustical Analysis
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Veneklasen utilized the glazing ratings (glass, frame, and seals) shown in Appendix I.

4.2 Interior Average Noise Level (CNEL) – Residential
Veneklasen calculated the interior level within the residential units given the measured noise environment and the exterior façade construction described above. Table 3 shows the predicted interior CNEL based on the windows and doors with STC ratings as shown and glazing construction as described in Appendix I. Note that the STC ratings indicated in the table do not completely specify the building element performance, as the building element must also meet the octave band transmission loss across the frequency spectrum as specified in Appendix I.

Table 3 – Calculated Interior CNEL
Location Exterior
CNEL (dB)
Window/
Door Rating4
Interior CNEL (dB)
Zone A 68 – 69 STC 33 <= 45
Zone B 66 – 67 STC 31 <= 45
Zone C 64 – 65 STC 30 <45
Zone D 61 – 63 STC 30 << 45
Remaining Units ≤ 60 No STC requirement. STC 30 recommended.

As mechanical plans and associated equipment schedules progress, exposure of dwelling units along the north portion of the east-side façade of the AA building (Zones B through D) to noise from AL/MC rooftop mechanical equipment should be evaluated. If such noise could increase overall CNEL to a zone warranting higher minimum window/door STC ratings, then various project mitigation options should be considered, including increasing minimum window/door STC ratings at those façade locations.

Where the noise level does not exceed 60 dB CNEL, sound-rated assemblies are not required. However, Veneklasen recommends specifying a window with a minimum rating of STC 30 to maintain a consistent level of acoustical quality.

4.3 Interior Short-duration Noise Event – Veneklasen Recommended Glazing (Optional) In a similar manner Veneklasen calculated the interior noise levels from the single-event noise sources such as motorcycle and heavy truck pass-bys and sirens from emergency vehicles. As described in Section 2.1, Veneklasen’s recommended interior nighttime noise level criterion is 55 dB. Table 4 shows Veneklasen’s recommended mitigation to reduce the interior noise levels due to short-duration noise events at facades facing Warner or Armstrong Avenues.

Table 4 – Calculated Interior Short-Duration Event Noise Levels Zone Exterior Event
Level (dB)
Window/ Door
Rating2
Interior Event Level
(dB)
Zone A 77 – 78 STC 35 <= 55
Zone B 75 – 76 STC 33 <= 55
Zone C 73 – 74 STC 31 <= 55
Zone D 70 – 72 STC 30 <= 55
Remaining Units ≤ 69 STC 30 < 55
4 STC rating does not fully specify the building element performance. Refer to Appendix I.

4.4 Mechanical Ventilation – Residential
Because the windows and doors must be kept closed to meet the noise requirements, mechanical or other means of ventilation may be required for units in Zones A through D. The ventilation system shall not compromise the sound insulation capability of the exterior façade assembly.

4.5 Project-Internal Noise from Outdoor Recreation
Pickleball courts are proposed at the 3rd floor rooftop patio on the east side of the AA building. Nearby dwelling units include those immediately northeast of the courts from the 3rd through 5th floors. While this noise exposure circumstance is not expected to bear on acoustical code compliance or local regulations or planning standards, it can have implications for acoustical quality and resident experience. As project design progresses, this noise exposure circumstance should be evaluated and mitigation (potentially including increased STC performance for windows/doors at affected façade locations) considered as appropriate.

4.6 CALGreen – Non-Residential
Veneklasen also calculated the noise level within non-residential spaces. CALGreen is based on the loudest hourly Leq. Veneklasen utilized a statistical methodology to determine this level from the measurements. The results are shown in Table 5 below and should be implemented for all amenity spaces facing Warner Ave.

Hourly noise level summaries and sample calculations are included in the appendices.

Table 5 – Calculated Interior Average Noise Levels at Non-Residential Areas Location
Exterior Loudest
Hour During
Regular Use (dB)
Minimum Glazing
Interior Loudest
Hour During
Regular Use (dB)
Zone E 69 – 70 STC 28 < 50

5.0 EXTERIOR NOISE CALCULATION

5.1 Exterior Average Noise Level (CNEL) – Residential
Table 6 summarizes predicted noise exposure at exterior areas that Veneklasen interprets as subject to City Noise Element Table N-3. Table 7 shows detail drawings for relevant patio walls.

Many residential patios and balconies within the AA & AL/MC have a depth of 6 feet or greater along at least parts of their widths and thus are subject to Noise Element Table N-3 criteria. Among those, the ones located within Zones A through C are predicted to experience future (with Tustin Legacy SP) CNELs exceeding the applicable 65 dB threshold in the absence of intervening barriers. In those cases, pursuant to City application of these planning standards, Veneklasen recommends—and the project design has integrated—contiguous solid barriers with minimum heights as indicated in Table 6.

Table 6 – Exterior Noise Levels
Floor
№
Location
Outdoor CNEL from
Sources Beyond Project
Building Footprints (dB)
Mitigation (Zones
A through C only):

Minimum Barrier
Height (ft)
Report
Figure(s) No
Mitigation
With
Mitigation
1 AL/MC patios 6 or more feet deep ≤ 70 < 65 6 Fig. 5
2 AA & AL/MC patios/balconies 6 or more feet
deep
≤ 71
≤ 65 5.5 Figs. 2 & 6
1-2 AA & AL/MC courtyards & courtyard-facing
patios/balconies < 65 --
-- Figs. 2 & 5
3 AA floor rooftop patio < 65 -- -- Fig. 3
Veneklasen Associates
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Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
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Figure 7 – Detail Elevations of AA & AL/MC Patio Walls at Patios Subject to Noise Element Table N-3 Criteria The acoustical design goals for the patio walls represented by the first two data rows in Table 6 require each component material to provide sufficient effective broadband A-weighted transmission loss (TL) to minimize any compromise in achieving the minimum insertion losses required of the barriers. Outdoor-Indoor Transmission Class (OITC) can be an adequate surrogate for such TL. Per minimum insertion losses from , and also considering potential flanking paths—e.g., related to access doors per Orange County Fire Authority (OCFA) ingress/egress requirements, at joints between barrier segments/materials, etc.—a minimum effective broadband A-weighted TL or OITC of 20 is recommended for each barrier material.

As shown in Figure 2, Figure 5, and Figure 6, barriers intended to provide noise mitigation at patios/balconies wrap around all portions not already enclosed by the building façade. The details in Figure 7 sample the vertical arrangement of patio wall materials/components and note both total height and minimum thicknesses (and, for glazing layers) for the materials/components. The details also show contiguous coverage Veneklasen Associates
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Exterior Noise and Exterior Façade Acoustical Analysis
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January 21, 2026 – Page 13
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of the applicable solid materials/components laterally and from the bases to the tops of the wall. The Fire Dept. Access Gates are shown in the form of glazed, side-framed swing doors, with no visible lateral gaps between the gate leaves and side frame elements.

Those materials/components, thicknesses, heights, coverages, and other design elements are sufficient to provide the TL needed to avoid substantive compromise to barrier insertion loss. In effect, diffraction of sound over the barriers will be the limiting factor on that insertion loss, and the barrier tops are high enough to maintain sufficient insertion loss at a realistic range of receiver positions and listening heights, using the following readily available means of gap sealing:

Any narrow gaps between adjoining static/permanent barrier elements (e.g., at joints between materials/sections) shall be sealed with suitable exterior sealant. In addition, access gates shall be equipped with outdoor-suitable edge/contact features (to at least substantially seal lateral and bottom gaps when the door is closed, while also accommodating necessary door operation, e.g.:
 Sides of gate frames: Full-height brackets extending inward from frame edges, akin to full-height gate stops; and/or outdoor-compatible gaskets on either side fitted to at least contact gate leaf side edges when gates are closed, and
 Bottoms of gate leaves: Outdoor-compatible door sweeps.

Courtyards within both buildings are entirely enclosed by building envelopes, with only narrow sections where that enclosing envelope is less than full building height. Accordingly, the courtyards are well protected from ground-level noise sources located outside of the footprints of the enclosing buildings.

6.0 SUMMARY
The following summarizes the acoustical items required to satisfy the noise criteria as described in this report.

Residential
 Anticipated wall assemblies are acceptable as described in Section 4.1, pending confirmation as project design proceeds.
 The roof assembly was included in the analysis, is not a significant path of sound, and can remain as designed.
 Windows and glass doors as shown in Table 3 with Transmission Loss values and STC ratings defined in Appendix I are required. Appendix I shall be the acoustical specification for all exterior windows and doors.
 Optional: To meet Veneklasen’s criterion for short-duration noise events, windows and glass doors with minimum STC ratings as shown in Table 4 are recommended. This is not required by code but will increase occupant comfort.
 Residential mechanical ventilation, or other means of natural ventilation, may be required for units in Zones A through D.
 As project design development progresses, noise levels from pickleball courts at the most exposed dwelling unit façade locations should be evaluated and mitigation measures considered as appropriate.

Non-Residential
 At indoor amenity and other non-residential spaces facing Warner Ave, windows and glass doors as shown in Table 5 with Transmission Loss values and STC ratings defined in Appendix I are required to meet the CALGreen interior noise criterion.

Veneklasen Associates
Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 14
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Exposure of Outdoor Areas
 At patios/balconies with depths of 6 feet or greater within Zones A through C, contiguous perimeter barriers are required as specified in Section 5.1 and .

Various noise mitigation methods may be utilized to satisfy the noise criteria described in this report.

Alteration of mitigation methods that deviate from requirements should be reviewed by the acoustical consultant.

If you have any questions or comments regarding this report, please do not hesitate to contact the undersigned.

Sincerely,
Veneklasen Associates, Inc.

Michael Weber
Associate
Veneklasen Associates
Clearwater/Confluent Tustin; Tustin, CA
Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 15
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APPENDIX I – GLAZING REQUIREMENTS
In order to meet the predicted interior noise levels described in Section 4.2, the glazing shall meet the following requirements:

Table 7 – Acoustical Glazing Requirements: Minimum Octave Band Transmission Loss and STC Rating Nominal Thickness
Minimum Transmission Loss
Octave Band Center Frequency (Hz)
Min.

STC
125 250 500 1000 2000 4000 Rating
1” dual 21 18 24 32 36 31 28
1” dual 21 18 27 34 37 32 30
1” dual 21 19 28 35 37 32 31
1” dual 22 21 30 36 37 36 33
1” dual 23 22 32 37 38 38 35
The transmission loss values in the table above can likely be met with the following glazing assemblies:

1. Up to STC 35: nominal 1” insulated glazing unit
An assembly’s frame and seals may limit the performance of the overall system. Therefore, the window and door systems selected for the project shall not be selected on the basis of the STC rating of the glass alone, but on the entire assembly including frame and seals. Additionally, the assemblies given above are provided as a basis of design, but regardless of construction, the octave band Transmission Loss (TL) and STC value of the system selected must meet the minimum values in Table 7 above.

Independent laboratory acoustical test reports should be submitted for review by the design team to ensure compliance with glazing acoustical performance requirements. Laboratories shall be accredited by the Department of Commerce National Voluntary Laboratory Accreditation Program (NVLAP). Labs shall be preapproved by Veneklasen Associates. Tests shall be required to be performed in North America. Lab tests and lab reports shall be in compliance with ASTM standard E90 and be no more than 10 years old from the date of submission for this project.

If test reports are not available for a proposed assembly, the assembly, including frame, seals and hardware, shall be tested at an independent pre-approved NVLAP-accredited laboratory to demonstrate compliance with the requirements of this report. Veneklasen shall be invited to witness acoustical testing completed and reserves the right to exclude test reports from laboratories that are not pre-approved by Veneklasen.

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Exterior Noise and Exterior Façade Acoustical Analysis
Veneklasen Project No. 6840-017-001 & -002
January 21, 2026 – Page 16
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APPENDIX II – MEASURED HOURLY NOISE LEVELS
Location Start Time Duration LAeq
L1
5:00 pm 1:00:00 65
6:00 pm 1:00:00 63
7:00 pm 1:00:00 59
8:00 pm 1:00:00 57
L2
5:00 pm 1:00:00 67
6:00 pm 1:00:00 65
7:00 pm 1:00:00 65
8:00 pm 1:00:00 63
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APPENDIX III – GLOSSARY OF ACOUSTICAL TERMS
Term Definition
Absorption A property of material referring to how much sound it absorbs (as opposed to reflecting). In the context of this report, absorption refers to the total quantity of absorption within the receiving space.

Absorption is measured in sabins.

A-weighting The sound pressure level in decibels as measured in an A-weighting filter network. The A-weighting de-emphasizes the low frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise.

CΝEL (Community Noise
Equivalent Level)
The energy average of the A-weighted sound levels occurring during a 24-hour period, and which accounts for the greater sensitivity of most people to evening and nighttime noise by weighting noise levels at evening and night. Noise between 7 pm and 10 pm is weighted (penalized) by adding 5 dB, and noise between 10 pm and 7 am is weighted by adding 10 dB to consider the greater annoyance of evening and nighttime noises. For practical purposes, the CΝEL and DΝL are usually interchangeable.

Decibel (dB) A unit describing the amplitude of sound equivalent to 20 times the logarithm, to the base 10, of the ratio of the pressure of the sound to the reference pressure of 20 Pa. Used to quantify sound pressure levels.

DΝL (Day-Night Average Sound
Level)
The energy average of the A-weighted sound levels occurring during a 24-hour period, and which accounts for the greater sensitivity of most people to nighttime noise by weighting noise levels at night. Noise between 10 pm and 7 am is weighted (penalized) by adding 10 dB to consider the greater annoyance of nighttime noises. This noise descriptor is referred to by different agencies and references as either DΝL or Ldn. The two notations refer to the same noise descriptor.

Equivalent Sound Level (Leq) Used to describe noise over a specified period of time, typically one hour, in terms of a single numerical value. The Leq is the constant sound level, which would contain the same acoustic energy as the varying sound level, during the same time period (i.e., the average noise exposure level for the given time period).

Lmax The instantaneous maximum noise level measured during the measurement period of interest.

Ln The sound level that is equaled or exceeded n percent of a specified time period. The L50 represents the median sound level.

Sabin A unit used to describe absorption within a space. One sabin is equal to the absorption of a one-square-foot open window.

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Exterior Noise and Exterior Façade Acoustical Analysis
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Term Definition
Sound Pressure Level (SPL) The amplitude of sound when compared to the reference sound pressure level of 20 Pa. SPL is measured in dB with zero dB corresponding roughly to the threshold of human hearing, and 120 to 140 dB corresponding to the threshold of pain. Because sound pressure can vary greatly within the range of human hearing, a logarithmic loudness scale is used to keep sound intensity numbers at a convenient and manageable level.

Sound Transmission Class (STC) A single-number metric used to describe the transmission loss performance of a material or assembly across the frequency spectrum.

It is intended for use primarily when speech is the noise source.

Transmission Loss (TL) A measure of the reduction in sound level as a sound wave passes through a material. The higher the transmission loss, the better the material’s sound insulating properties.

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Exterior Noise and Exterior Façade Acoustical Analysis
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APPENDIX IV – ACOUSTICAL CALCULATION METHODS
Decibel Addition
Decibels are based on a logarithmic scale; defined as the logarithmic ratio between a measured sound pressure level and a reference sound pressure level. When decibels are added, they are not combined arithmetically, but logarithmically. Decibels are added according to the following equation.

𝑺𝑷𝑳𝒕𝒐𝒕 = 𝟏𝟎𝒍𝒐𝒈൬𝟏𝟎ቀ
𝑺𝑷𝑳𝟏
𝟏𝟎 ൗ ቁ
൰ + 𝟏𝟎𝒍𝒐𝒈൬𝟏𝟎ቀ
𝑺𝑷𝑳𝟐
𝟏𝟎 ൗ ቁ
൰
Where:

SPLtot = Total Sound Pressure Level (dB or dB)
SPL1, SPL2 = Sound Pressure Level 1, 2 (dB or dB)
A-Weighting
A-weighting a spectrum is completed by applying standardized weighting factors to a frequency spectrum, either in octave bands or third-octave bands. These resultant A-weighted levels are summed using decibel addition to generate the overall A-weighted level, noted as dB. In a report, spectral data is typically presented un-weighted, and the overall level is presented with A-weighting.

The octave band A-weighting correction factors are shown in the table below:

Octave Band Center Frequency (Hz)
63 125 250 500 1000 2000 4000 8000
A-weighting Correction Factor (dB) -26 -16 -9 -3 0 +1 +1 -1 Acoustical Shielding
The presence of adjacent buildings or façades, changes in terrain, parapets, and other similar barriers provide acoustical shielding, reducing the sound level incident on the exterior façades. Common locations where acoustical shielding occurs include, but are not limited to, the roof, the back, and sides of the building that are not directly facing the noise source.

Acoustical shielding due to building geometry can be separated into two categories: reduction due to reduced area of exposure (side of a building), and shielding from barriers (such as a parapet or sound wall).

Reduction as a result of reduced area of exposure is calculated according to the following equation:
∆𝑺𝑷𝑳 = 𝟏𝟎 𝐥𝐨𝐠𝟏𝟎 ൬
𝜽𝒆𝒙𝒑
𝟏𝟖𝟎൰
Where:
∆𝑆𝑃𝐿 = Change in Sound Pressure Level (dB)
θexp = Angle of exposure (degrees)
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Exterior Noise and Exterior Façade Acoustical Analysis
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Acoustical Attenuation due to Distance
Sound pressure level reduction due to distance is calculated according to the following equation:

𝑺𝑷𝑳𝟐 = 𝑺𝑷𝑳𝟏 + 𝑪𝑺𝐥𝐨𝐠 ൬
𝒓𝟏
𝒓𝟐
൰
Where:

SPL1 = Sound Pressure Level at Location 1 (dB or dB)
SPL2 = Sound Pressure Level at Location 2 (dB or dB)
CS = Source Coefficient; 20 for point source, 10 for a line source r1 = Location 1 distance from source (ft.)
r2 = Location 2 distance from source (ft.)
In some situations, the CS value is between 10 and 20; selection of this number is an engineering judgment based on the relationship between the source and receiver as well as the type of source.

Interior Noise Calculation
The interior noise calculation takes into account the exterior noise level, the transmission loss of the glazing (including glass, frame, and seals), wall, and roof/ceiling systems, the finishes within the space, and noise exposure due to building geometry and acoustic shielding. The interior sound level is calculated using the equation:

𝑺𝑷𝑳𝑰 = 𝑺𝑷𝑳𝑬 + 𝟏𝟎 𝒍𝒐𝒈𝟏𝟎(𝑨) − 𝟏𝟎𝒍𝒐𝒈𝟏𝟎(𝑹) − 𝑻𝑳 + 𝟔
Where:

SPLI = the Interior Sound Pressure Level (dB or dB)
SPLE = Exterior Sound Pressure Level (dB or dB)
A = Surface Area exposed to Exterior Noise (sq.ft.)
R = Room Absorption Coefficient (sabins)
TL = Sound Transmission Loss of Exterior Façade Assembly (dB) This calculation is performed for each exposed façade individually. The total interior sound level is found by using decibel addition to sum the sound level from all exposed façades.

October 9, 2025 Job No. CONFCDMS-0013

MEMORANDUM
To: Linda Sandusky
Vice President
Land Development Market Leader
California Region
From: James M. Daisa, TE
Senior Transportation Project Manager
RE: SECOND REVISION TO VEHICLE MILES TRAVELED (VMT) SCREENING FOR THE CLEARWATER AT TUSTIN

LEGACY ACTIVE ADULT AND ASSISTED LIVING DEVELOPMENT, TUSTIN, CA David Evans and Associates, Inc. (DEA) is pleased to submit this second revision to the VMT screening memorandum to include with your client’s upcoming submittal to the City of Tustin for the abovementioned development (the “project”). The first revision to the VMT screening assessment reflects the use of data from the Orange County Transportation Authority’s (OCTA) updated regional Orange County Transportation Analysis Model (OCTAM version 5.1).

The second revision to the VMT screening assessment reflects a small change in the number of units in the Active Adult residential building. The number of beds increased by one in the Assisted Living and Memory Care (ALMC) facility but the variable representing non-residential land use in the OCTAM model is employees and a change in units or beds in the facility are not relevant for the computation of VMT using the OCTAM model.

This memorandum primarily documents the revised VMT screening assessment. The other information presented in the June memorandum—estimated project trip generation and a determination if the project triggers a requirement to conduct a non-CEQA traffic level of service study in accordance with the City of Tustin’s transportation impact study guidelines. The last two parts of the memorandum have not changed and are simply summarized in this revised memorandum.

A. PROJECT DESCRIPTION
The project description has not changed from the perspective of analyzing potential transportation impacts. The critical part of the project’s description—the type and amount of land use—remains the same and is described below.

The project includes an Active Adult residence building on the western half of the site and an Assisted Living and Memory Care facility on the eastern half. The Active Adult Living building is a five-story, 280,000- square-foot facility with 172 residential units, including studios, one-bedroom, and two-bedroom apartments. The two-story Assisted Living and Memory Care facility is 140,340 square-feet with 75 assisted living units and 28 dedicated memory care studios for a total of 134 beds.

ESTIMATED PROJECT TRIP GENERATION
Without any change in the type and amount of the project’s land use, the project’s estimated trip generation remains the same and is summarized below.

Linda Sandusky, October 9, 2025, Page 2
The project’s estimated daily, AM peak hour, and PM peak hour trip generation is shown in the table in Attachment A using trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation (11th Edition).

The ITE land use category best matching the Active Adult Living residential in Building 1 is Senior Adult Housing – Multifamily (LUC 252). The 172-unit building is estimated to generate 522 trips on an average weekday, 34 AM peak hour, and 43 PM peak hour trips. No trip reductions are taken for this type of land use.

The ITE land use category of Assisted Living (LUC 254) best matches the adult care residential in Building 2.

The 134-bed Assisted Living (106 beds) and Memory Care (28 beds) units combined are estimated to generate 348 trips on an average weekday, 24 AM peak hour, and 32 PM peak hour trips. No trip reductions are taken for this type of land use.

The combined trip generation of both buildings is shown at the bottom of the table in Attachment A and equals 856 average weekday trips, 57 AM peak hour, and 74 PM peak hour trips. These daily and peak hour trip generation estimates play roles in the City’s screening processes described in subsequent sections of this memorandum.

The combined trip generation of both buildings is shown at the bottom of the table and equals 870 average weekday trips, 58 AM peak hour, and 75 PM peak hour trips. The peak hour trip generation estimates exceed 50 trips per hour, which is the threshold above which the City of Tustin requires the project applicant to submit a scoping agreement to prepare a traffic LOS analysis.

B. SCREENING PROJECT FOR TRAFFIC LEVEL OF SERVICE IMPACT ANALYSIS Peak hour trip generation is used to determine whether the proposed project will be required to prepare a non-CEQA traffic impact analysis of intersection and/or roadway levels of service (LOS) and identify improvements to maintain the City of Tustin’s standard of LOS D in the peak hours.

If a development generates 50 or more peak hour trips it will be required to conduct a traffic level of service impact analysis. Since the proposed project generates 58 AM peak hour trips and 75 PM peak hour trips, it satisfies the 50 peak hour trip criterion. Satisfying this criterion requires the applicant to prepare a scope of work identifying the traffic level of service analysis methodology and assumptions for the city to review and approve. The “scope agreement", as it is called, is a separate document being submitted with this revised VMT screening assessment.

C. SCREENING PROJECT FOR VEHICLE MILES TRAVELED ANALYSIS The City of Tustin’s Vehicle Miles Traveled Analysis Guidelines include criteria for screening land development projects to determine if a project will require preparation of a detailed analysis of VMT for identifying transportation impacts under CEQA or be screened out because of project characteristics reduce the level of carbon equivalent emissions. A land use development project that produces less than 3,000 metric tons of carbon-equivalent emissions annually can be presumed to have a less-than-significant transportation impact on the environment.

Tustin’s screening criteria were derived from the California Governor’s Office of Planning and Research (OPR) which produced a publication titled Technical Advisory on Evaluating Transportation Impacts In CEQA in 2018 which include:
1) Is the Project 100% affordable housing? According to sources provided by OPR, affordable housing projects typically generate lower VMT than market-rate housing and a project consisting of a high percentage of affordable housing may be a basis for the city to find a less than significant impact on VMT. One reason for this is the low-income households that meet criteria for affordable housing have less access to vehicles.
➢ The project is not comprised of 100% affordable housing and does not satisfy this criterion.
2) Is the Project within 1/2 mile of qualifying transit? The CEQA guidelines state that Lead Agencies can presume that residential, retail, and office projects, or a mix of these uses, proposed within one Linda Sandusky, October 9, 2025, Page 3
half (½) mile of an existing major transit stop or an existing stop along a high-quality transit corridor will have a less than significant impact on VMT. The stringent definitions that describe major stops and high-quality transit corridors result in few locations that meet this criterion. ➢ The project is not located within a ½-mile radius of transit services that meet the definition of a major transit stop or a high-quality transit corridor and does not satisfy this criterion.
3) Is the Project a local serving land use? Local serving land uses provide goods and services to the local community and offer more opportunities for residents and employees to shop, dine and obtain services closer to home and work resulting in shortened trip lengths and reduced VMT.

Therefore, local serving uses may be presumed to have a less-than-significant impact on VMT. ➢ The project’s land uses cannot be categorized as “locally serving” and does not satisfy this criterion.
4) Is the Project in a low VMT area? Land development projects that locate in areas with uses that currently generate low VMT, and that incorporate similar features (such as density, mix of uses, and transit accessibility) will tend to exhibit similarly low VMT. If a residential or non-residential development is in a Traffic Analysis Zone (TAZ) with VMT per capita or VMT per employee ratios that are less than or equal to the citywide average, then the project can be presumed to have a less-than-significant impact on VMT.
➢ The project is in TAZ 1056 which is a low-VMT area generating a home-based VMT / capita of 9.5 which is less than the citywide average home-based VMT / capita of 12.4.

The proposed project also contains non-residential land uses (assisted living / memory care) with a threshold measured in VMT / Employee. TAZ 1056 has a citywide average VMT / Employee of 35.6 which is nearly twice the city’s threshold of 17.3. Because the non-residential component of the proposed project exceeds the city’s threshold, the applicant is required to prepare a VMT analysis to identify potential transportation impacts under CEQA.
5) Are the Project's Net Daily Trips less than 500 ADT? Small land development projects that generate less than 500 net average daily trips would not cause a substantial increase in the total citywide or regional VMT and the project’s carbon equivalent emissions will not reach 3,000 metric tons per year and can be presumed to have a less-`than-significant impact on VMT. ➢ The project is estimated to generate 856 trips per day on an average weekday which exceeds the required “less than 500 net trips per day” and does not satisfy this criterion.

The screening assessment for the Clearwater at Tustin Legacy project which includes a completed “form” and additional attachments containing supporting analysis or data, is in Attachment B.

D. CONCLUSION OF THE PROJECT SCREENING PROCESS
In summary, the assessment in this memorandum concludes the following:
• A Non-CEQA Traffic Level of Service Analysis is Required. The proposed project generates nearly 1,000 trips each weekday and over 50 trips in each of the AM and PM peak hours. The project’s peak hour trip generation greater than 50 trips satisfies the City of Tustin’s threshold for requiring the preparation of a Traffic Impact Study measuring the project’s effect on the city’s intersection and/or roadway peak hour level of service standard of LOS D. As a result, DEA prepared a “scoping agreement” identifying the methodology, assumptions and extent of the study area for the city’s review and approval and is submitting the document concurrently with this revised VMT screening assessment.
• A VMT Analysis to Identify Potentially Significant Transportation Impacts Under CEQA is Required. The proposed project did not satisfy any of the city’s five criteria for screening the Linda Sandusky, October 9, 2025, Page 4
project from having to prepare a CEQA impact analysis based on VMT. A VMT analysis was conducted and is being submitted concurrently with this revised VMT screening assessment.

Attachments:

1. Attachment A – Estimated Project Trip Generation

2. Attachment B – City of Tustin VMT Screening Form for Land Use Projects

ATTACHMENT A

ESTIMATED PROJECT TRIP GENERATION

ESTIMATED TRIP GENERATION FOR ACTIVE ADULT AND ASSISTED LIVING / MEMORY CARE BUILDINGS

FOR THE CLEARWATER AT TUSTIN LEGACY DEVELOPMENT
Building / Land Use Dwelling Units Average Weekday
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Building 1: Active Adult (ITE LUC 252)
Average Rate or Equation [a] 172 T = 2.89(X) + 24.82 34% 66% T = 0.19(X) + 0.90 56% 44% T = 0.25(X) + 0.07 Trips 522 11 22 34 24 19 43
Land Use Beds Average Weekday
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Building 2: Assisted Living / Memory Care (ITE LUC 252) Average Rate or Equation [a] 134 2.6 60% 40% 0.18 39% 61% 0.24 Trips 348 14 10 24 13 20 32
Site Total 870 26 32 58 37 39 75
Notes:

Source: Institute of Transportation Engineers (ITE). Trip Generation (11th Edition). Washington DC. LUC = Land Use Code / LUC 252 = Senior Adult Housing - Multifamily / LUC 254 = Assisted Living
[a] See attached excerpts from Trip Generation, 11th Edition for rates and equations.

ATTACHMENT B

CITY OF TUSTIN VMT SCREENING FORM FOR LAND USE PROJECTS

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Tustin City CouncilSeptember 1, 2026

Tustin City Council
September 1, 2026