HomeMy WebLinkAboutCC RES 92-147 'Z
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RESOLUTION NO. 92-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT 85-2 WITH ADDENDUM
NO. 4 FOR REVISIONS TO THE TRIP GENEI~TION
RATE SUMMARY RELATED TO ZONE CHANGE 92-002 AND
DEVELOPMENT AGREEMENT 92-001, AS REQUIRED BY
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
ae
That an application has been filed by The
William Lyon Company, requesting approval of
Zone Change 92-002 to change a land use
category on Lot 12 of Tract 12870 from Medium
Density to Medium-High Density Residential, to
make minor textural changes to the East Tustin
Specific Plan, and Development Agreement 92-
001 establishing a mechanism for acceptance by
the City of the applicant's agreement to
provide a financial contribution for
construction of park facilities.
That an Initial Study was prepared during the
review process which determined that no
significant environmental impacts beyond that
previously considered would occur as a result
of the proposed project and that an addendum
to Environmental Impact Report (EIR) 85-2
would be required for this project.
That Addendum No. 4 to EIR 85-2 was prepared
by the City of Tustin in compliance with
Section 15164 of the California Environmental
Quality Act (CEQA).
That pursuant to CEQA, EIR 85-2 has previously
been prepared and certified and adequately
addresses the general environmental setting of
the project, significant environmental
impacts, and the alternatives and mitigation
measures related to each significant
environmental effect and that no additional
environmental impacts or mitigation measures
were identified in Addendum No. 4 to EIR 85-2.
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Resolution No. 92-147
Page 2
That Addendum No. 4 to EIR 85-2 prepared for
the project addresses only minor technical
changes or additions and none of the
conditions described in Section 15162 of the
CEQA Guidelines have occurred.
II.
The East Tustin Specific Plan Final Environmental
Impact Report (85-2), previously certified on March
17, 1986 as modified by subsequently adopted
supplements and addenda, was considered prior to
the City Council approval of this project. The
City Council hereby finds: this project is within
the scope of the East Tustin Specific Plan
previously approved; the effects of this project,
relating to grading, drainage, circulation, public
services and utilities, were examined in the
Program EIR, particularly in the traffic analysis
contained in the Technical Appendices of said EIR,
and an Addendum No. 4 to EIR 85-2 addressing
traffic and the development agreement contained in
Exhibit A attached hereto and incorporated herein
by reference. All feasible mitigation measures and
alternatives developed in the Program EIR are
incorporated into this project. The Final EIR, is
therefore determined to be adequate to serve as a
Program EIR for this project and satisfies all
requirements of the California Environmental
Quality Act. Further, the City Council finds the
project involves no potential for any adverse
effect, either individually or cumulatively, on
wildlife resources; and, therefore, makes a De
Minimis Impact Finding related to AB 3158, Chapter
1706, Statutes of 1990.
Applicable mitigation measures identified in the
Final EIR have been incorporated into this project
which mitigates any potential significant
environmental effects thereof. The mitigation
measures are identified as Conditions of Ordinance
No.l102 approving Zone Change 92-002 and Resolution
No. 92-148 approving Development Agreement 92-001.
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Resolution No. 92-14'1
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 7th day of December, 1992.
//
NNE PONTIOUS
Mayor
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
CERTIFICATION FOR RESOLUTION NO. 92-147
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
foregoing Resolution No. 92-147 was duly and regularly
introduced, passed, and adopted at a regular meeting of
the Tustin City Council, held on the 7th day of December,
1992.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER:ABSENT: None
Pontious, Ports, Puckett, Saltarel. l~, ThomaS'
City C 1 c~k
ADDENDUM NO. 4 TO FINAL
ENVIRONMENTAL IMPACT REPORT 85-2
(SCH NO. 85052217)
ZONE CHANGE 92-002 (LYON)
&
DEVELOPMENT AGREEMENT 92-001 (LYON)
Prepared by:
City of Tustin
Communily l)cvclopmcnt l)cpartmcnt
15222 l)cl Arno Avenue
Tustin, CA 92680
( 714) 544-8890
Contact: l)anicl l:ox, Senior Planner
Octol)cr 1992
EXHIBIT A
TABLE OF CONTENTS
SECTION 1 - INTRODUCTION
Exhibit 1 - Project Site Map
Exhibit 2 - Approved East Tustin Specific Plan Land Use Plan
Exhibit 3 - Proposed East Tustin Specific Plan Land Use Plan
SECTION 2 - ENVIRONMENTAL CHECKLIST
SECTION 3 - DISCUSSION OF ENVIRONMENTAL EVALUATION
Appendix A - Proposed East Tustin Specific Plan Text Revisions
Appendix B - East Tustin Specific Plan Traffic Analysis
Appendix C - Proposed Development Agreement
SECTION i - INTRODUCTION
PURPOSE
In conformance with the California Environmental Quality Act
(CEQA), this environmental assessment has been prepared as a
addendum to Final Environmental Impact Report (EIR) 85-2. This
addendum, in conjunction with final EIR 85-2, is intended to fully
address the potential environmental impacts of the proposed zone
change and development agreement in an Initial Study format. The
proposed discretionary actions covered by this addendum include:
A Zone Change to modify the Land Use Designation within the
East Tustin Specific Plan in the vicinity of Lot 12, Tract
12870 from Medium Density Residential to Medium-High Density
Residential; and
A Development Agreement between the applicant and the City of
Tustin to provide a mechanism for the applicant to make
contributions for use in parkland development within the East
Tustin Specific Plan area.
Section 15164 of CEQA allows the preparation of an addendum to an
EIR when only minor technical changes or additions are necessary to
make the EIR adequate under CEQA, and when the changed or additions
do not raise important new issues about significant effects on the
environment. This addendum evaluates the proposed zone change and
development agreement for the project that was considered in EIR
85-2. No new significant environmental issues other than those
raised in Final EIR 85-2 have been raised by the proposed zone
change and development agreement.
An addendum need not be circulated for public review, but can be
included in, or attached to, the Final EIR. CEQA requires that a
local decision-making body consider the addendum with the Final EIR
prior to making a decision on the project. Final EIR 85-2 was
certified by the City Council on March 17, 1986.
In conformance with CEQA Section 15121, Final EIR 85-2 and this
addendum are intended to serve as documents that will generally
inform the decision makers and the general public of the
significant environmental effects of the proposed project and the
potential mitigation measures for the proposed project. Final EIR
85-2 is hereby incorporated by reference into this addendum.
Following is a description of the project location and the
characteristics of the proposed project. Section 2 includes an
environmental checklist that provides an overview of the potential
impacts that may or may not result from project implementation.
Section 3 elaborates on the information contained in the
environmental checklist and identifies any differences in
environmental impacts between the proposed zone change and
development agreement and the approved land uses that were analyzed
in Final EIR 85-2.
Section 1 - Introduction
Page 2
PROJECT LOCATION
The project site is located within Sector 7 of the East Tustin
Specific Plan and is situated in a developing residential area at
the southeast corner of Greenway Drive and Tustin Ranch Road
(Exhibit 1). Surrounding uses include the Tustin Ranch golf course
immediately adjacent to the south and east, condominiums and a
private park to the north across Greenway Drive, and single family
detached dwellings to the west across Tustin Ranch Road. Regional
access is provided to the site by the Santa Ana Freeway (I-5) and
local access is provided by Tustin Ranch Road and Greenway Drive.
PROJECT DESCRIPTION
The proposed project includes revisions to the approved land use
designations (land uses that were proposed in Final EIR 85-2) in
the East Tustin Specific Plan area. The approved and proposed land
uses for Sector 7 are illustrated in Exhibits 2 and 3. The
proposed amendment would change the land use designation on Lot 12
of Tract 12870 from Medium Density Residential (18 dwelling units
per acre) to Medium-High Density Residential (25 dwelling units per
acre). A Development Agreement between the applicant and the City
of Tustin is also proposed which would provide a mechanism for the
applicant to make contributions for use in parkland development
within the East Tustin Specific Plan area.
DISCRETIONARY ACTIONS
The proposed project consists of the following discretionary
actions, all of which are the subject of this addendum.
Zone Change 92-002 (LYON)
Amend the Land Use Plan of the East Tustin Specific Plan in
the vicinity of Lot 12, Tract 12870 from Medium Density
Residential to Medium-ltigh Density Residential (Exhibit 3).
Amend the Sector 7 land use descriptions of the East Tustin
Specific Plan to accommodate the land use designation change
(Appendix A).
Amend the Statistical Summaries of the East Tustin Specific
Plan to accommodate the land use designation changes (Appendix
A).
Development Agreement (LYON)
Provide a mechanism to make contributions for use in parkland
development within the East Tustin Specific Plan area
(Appendix C).
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SECTOR
Project
Site
NUMBER
Project Site Map
ZG 92-002 (LYON)
City of Tustin
0 : 400 2800 FEET
Exhibit 1
MH
ZC 92-002 (LYON)
A P P R 0 V E D Land Use Plan
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EAST TUSTIN SPECIFIC PLAN
City of Tustin ~]
Exhibit 2 ~°^~""~'
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ZC 92-002 (LYON)
ROPOSED Land Use Plan
EAST TUSTIN SPECIFIC PLAN
City of Tustin ~
Exhibit 3 ~o*~,,..-
SI'X;'I'I UN 2 - I';NV 1RO:C'll'L~;'i Al, CIII';(;KL.LST
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
Background
1. Name of Proponent
LYON CO~hMUNITIES, INC.
Address and Phone Number of Proponent
NEWPORT BI{ACH, CA 92658-7520
4490 V0N KARMAN
714-476-5222
II.
3. Date of Checklist Submitted OCTOBI.:R 1, 1992
Agency Requiring Checklist CITY OF TUSTI. N
Name of Proposal, if applicable ZC 92-002 (LYC'.;)
Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
Earth.
a.
Will the proposal result in:
Unstable earth conditions or in
changes in geologic substructures?
Disruptions, displacements, compaction
or overcovering of the soil?
Yes Mayb__e
Change in topography or ground surface
relief features?
do
The destruction, covering or
modification of any unique geologic
or physical features?
ee
Any increase in wind or water erosion
of soils, either on or off the site?
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any ban, inlet or
lake?
Yes Maybe N_o_
ge
Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
Air. Will the proposal result in:
Substantial air emission or
deterioration of ambient air quality?
b. The creation of objectionable odors?
Alteration of air movement, moisture,
or temperatures, or any change in
climate, either locally or regionally?
Water. Will the proposal result in:
Changes in currents, or the course
of direction of water movements,
in either marine or fresh water?
Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
Alterations to the course or flow
of flood waters?
Change in the amount of surface
water in any water body?
Discharge into surface waters,
or in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
Alteration of the direction or rate
of flow of ground waters?
Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
Substantial reduction in the amount of
water otherwise available for public
water supplies?
Yes Maybe No
4 o
o
7 o
Exposure of people or property to
water related hazards such as flooding
or tidal waves?
Plant Life. Will the proposal result in:
so
Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)?
be
Reduction of the numbers of any unique,
rare or endangered species of plants?
Co
Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
Reduction in acreage of any
agricultural crop?
Animal Life. Will the proposal result in:
ao
Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
c. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
d. Deterioration to existing fish or
wildlife habitat?
Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise
levels?
Light and Glare. Will the proposal produce
new light or glare?
Yes M__aybe No
10.
11.
12.
13.
Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
Natural Resources.
result in:
Will the proposal
Increase in the rate of use of any
natural resources?
0
Substantial depletion of any
nonrenewable natural resource?
Risk of Upset. Will the proposal involve:
A risk of an explosion or the release
of hazardous substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident
or upset conditions?
Possible interference with an
emergency response plan or an
emergency evacuation plan?
Population. Will the proposal alter
the location, distribution, density, or
growth rate of the human population of
an area?
Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
Transportation/Circulation.
proposal result in:
Will the
Generation of substantial additional
vehicular movement?
Effects on existing parking facilities,
or demand for new parking?
Substantial impact upon existing
transportation systems?
de
Alterations to present patterns of
circulation or movement of people
and/or goods?
Yes M~ybe ~
14.
15.
16.
e. Alterations to waterborne, rail or
air traffic?
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public Services. Will the proposal have
an effect upon, or result in a need for new
or altered governmental services in any of
the following areas:
Fire protection?
Police protection?
Schools?
Parks or other recreational facilities?
Maintenance of public facilities,
including roads?
f. Other governmental services?
Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
b. Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
Power or natural gas?
Communications systems?
Water?
Sewer or septic tanks?
Storm water drainage?
Solid waste and disposal?
Yes ~ N_q
17.
18.
19.
20.
21.
Human Health.
result in:
Will the proposal
Creation of any health hazard or
potential health hazard (excluding
mental health)?
Exposure of people to potential
health hazards?
Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City?
Aesthetics. Will the proposal result in
the obstruction of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to public view?
Recreation. Will the proposal result in an
impact upon the quality or quantity of
existing recreational opportunities?
Cultural Resources
ao
Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
be
Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
Yes ~D3be Hq
22.
Mandatory Findings of Significance.
Does the project have the potential to
degrade the quality of the environment
substantially reduce the habitat of a
fish or wildlife species, cause a fish or
wildlife population to drop below self
sustaining levels, threaten to eliminate
a plant or animal community, reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-
term impact on the environment is one
which occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future).
Co
Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant.)
Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
SECTION 3 - DISCUSSION OF ENVIRONMENTAL EVALUATION
PROJECT DESCRIPTION SUPPLEMENT - The proposed project is a Zone
Change to modify the Land Use Designation within the East Tustin
Specific Plan on Lot 12 of Tract 12870 from Medium Density
Residential to Medium-High Density Residential. The proposed
designation would increase the maximum allowed residential density
from 18 dwelling units per acre to 25 dwelling units per acre. A
Development Agreement between the applicant and the City is also
proposed which would provide a mechanism for the applicant to
provide contributions for use in parkland development within the
East Tustin Specific Plan.
The discussion in this Initial Study is limited to the proposed
development agreement, change in land use designation and
comparison to the previously certified EIR 85-2 for the entire East
Tustin Specific Plan to determine whether a Subsequent EIR or
Addendum to EIR 85-2 should be prepared pursuant to Sections 15162
and 15164 of the California Environmental Quality Act. All
mitigation measures previously identified in EIR 85-2 would remain
applicable unless otherwise noted in the discussion below.
The project site is situated in a developing residential area at
the southeast corner of Greenway Drive and Tustin Ranch Road.
Surrounding uses include the Tustin Ranch golf course immediately
adjacent to the south and east, condominiums and a private park to
the north across Greenway Drive, and single family detached
dwellings to the west across Tustin Ranch Road.
EARTH - The proposed project would not result in any
significant disruption, displacement, compaction or
overcrowding of the soil which was not previously considered
in EIR 85-2. The change would still permit residential
development.
Sources:
City of Tustin Building Division
EIR 85-2
Mitigation Measures/Monitoring
mitigation required.
Required:
No additional
AIR - The proposed project would not result in any degradation
of existing air quality based upon SCAQMD guidelines for
preparation of EIRs which was not previously considered in EIR
85-2 as the total number of units considered would not be
altered.
Sources:
SCAQMD standards for preparing EIR documents.
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 2
WATER - The proposed project would not result in any
additional change to absorption rates, water movement, flood
waters, discharge into surface waters, flow of groundwater,
quantity of ground water, water consumption not previously
considered by EIR 85-2 as the total number of units considered
would not be altered.
Sources:
City of Tustin Building Division
City of Tustin Public Works Department
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
PI~%I~T LIFE - The proposed project would not result in any
additional change to plant life not previously considered by
EIR 85-2.
Sources:
Field Observations
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
A~IMAL LIFE - The proposed project would not result in any
additional change to population of animals, fish or wildlife
not previously considered by EIR 85-2.
Sources:
Field Observations
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
NOISE - The proposed project would not result in any
additional change to noise levels not previously considered by
EIR 85-2.
Sources:
City of Tustin Zoning Code
City of Tustin General Plan Noise Element
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
LIGHT AND GLARE - The proposed project would not result in any
additional change to light and glare not previously considered
by EIR 85-2.
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 3
Sources:
City of Tustin Security Ordinance
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
LAND USE - The proposal would not result in any substantial
alterations to the planned land uses for the East Tustin
Specific Plan, particularly within Sector 7. The site
currently would accommodate a maximum 18 dwelling units per
acre. The proposed change would accommodate up to 25 dwelling
units per acre. Both the existing and proposed designation
would accommodate residential development.
Sector 7 is currently permitted a maximum of 3,590 dwelling
units (5 units transferred to Sector 9 and 10 units
transferred to Sector 4 from the original authorization of
3,605 units per the ETSP). To date, approximately 2,305
dwelling units have been proposed, approved or constructed.
With the maximum anticipated additional 354 dwelling units
associated with the subject change, the total would increase
to 2,659 units, approximately 26 percent below anticipate
development for Sector 7. In no event, could the number of
units within Sector 7 exceed 3,590 as currently established
unless a transfer of units between sectors is authorized
pursuant to the East Tustin Specific Plan.
Sources:
East Tustin Specific Plan Land Use Plan
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
NATURAL RESOURCES - The proposed project would not result in
any additional change to natural resources not previously
considered by EIR 85-2.
Sources: City of Tustin Community Development Department
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 4
10.
11.
12.
Mitigation Measures/Monitoring Required:
mitigation measures required.
No additional
RISK OF UPSET - The proposed project would result in a greater
potential for upset from that previously considered in EIR 85-
2.
Sources:
City of Tustin Building Division
Orange County Fire Department
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
POPULATION - There would be no significant change to
anticipated population for the East Tustin Specific Plan
project area associated with the proposed project. The East
Tustin Specific Plan assumes 3.4 persons for Low and Medium-
Low Density, 2.8 persons per unit for Medium Density and 2.2
persons per unit for Medium-High Density dwellings. Based
upon these rates and assuming maximum development of the
subject site, 68 more persons than anticipated potentially
could reside on the site. However, this represents an overall
25 percent reduction in population for the sector when
considering the 26 percent reduction in dwelling unit
construction within the sector as discussed in item 8 above.
Therefore, there would not be a significant impact on
population from that previously discussed in EIR 85-2.
Sources:
City of Tustin Community Development Department
East Tustin Specific Plan
Mitigation Measures/Monitoring
mitigation required.
Required: No additional
HOUSING - The proposed change would still accommodate
residential development as evaluated by EIR 85-2. Although
the specific site would accommodate a maximum of 100
additional dwelling units than previously designated, the
overall sector totals of 3,590 dwellings and specific plan
totals of 7,950 dwelling would not be exceeded. Therefore,
there would not be a significant impact on housing from that
previously discussed in EIR 85-2.
Sources;
City of Tustin Community Development Department
EIR 85-2
Mitigation Measures/Monitoring
mitigation required.
Required: No additional
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 5
13.
14.
15.
TRI~NSPORTATIONA_ND CIRCULATION - There would be no significant
change to anticipated traffic conditions for the East Tustin
Specific Plan, particularly Sector 7. The Technical
Appendices of EIR 85-2 identified trip generation rates by lot
and residential density. The subject property is located
within Traffic Zone 39 identified in EIR 85-2 Technical
Appendices. Traffic Zone 39 totals have been reviewed against
original figures and assumptions and compared with specific
proposals and approved development plans for specific lots in
Traffic Zone 39. This review indicates that there will be a
reduction of trips from that previously anticipated for this
Traffic Zone by approximately 13 percent, even with the
proposed increase in density on Lot 12 (Appendix B). When
considering all Traffic Zones in the Technical Appendices for
the East Tustin Specific Plan area, this is approximately a 1
percent reduction in anticipated trips. Therefore, the
proposed project would not be a significant impact from that
previously considered in EIR 85-2. TZ 39 as identified on
page 325 of EIR 85-2 Technical Appendices would need to be
revised as shown in Appendix B.
Source:
City of Tustin Public Works Department
City of Tustin Community Development Department
EIR 85-2 Technical Appendices
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
PUBLIC SERVICES - The proposed project would not result in any
additional need for public services not previously considered
by EIR 85-2.
Source:
City of Tustin Community Development Department
City of Tustin Public Works Department
City of Tustin Police Department
Orange County Fire Department
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
ENERGY - The proposed project would not result in any
additional need for energy not previously considered by EIR
85-2.
Sources:
City of Tustin Public Works Department
EIR-85-2
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 6
16.
17.
18.
19.
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
UTILITIES - The proposed project would not result in any
additional need for utilities not previously considered by EIR
85-2.
Sources:
City of Tustin Public Works Department
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
HUMA/~ HEALT~ - The proposed project would not result in any
increased conditions that negatively effect human health not
previously considered by EIR 85-2.
Sources:
City of Tustin Building Division
Orange County Fire Department
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
AESTHETICS - The proposed project would not result in any
aesthetic impacts not previously considered by EIR 85-2. Any
future development proposals would be subject to the City's
Design Review process which takes into consideration site
layout, architecture, landscaping and other project amenities
which relate to the physical appearance of the site.
Sources:
City of Tustin Design Review Board
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
RECREATIO~ - The proposed project would not result in any
additional recreational impacts not previously considered by
EIR 85-2. Actual Parkland Dedication requirements are based
upon persons per unit within the project. Since the proposed
change would result in a greater number of persons on this
site than originally anticipated (item 11 above), additional
parkland would be required. This required parkland has
already been credited based on dedicated parkland within East
Tustin. Therefore, no significant impact would exist or
modification to the original EIR be required. As a voluntary
contribution for consideration of the Zone Change, the
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 7
20.
21.
developer has agreed to provide additional contributions which
would be used to provide parkland improvements within the East
Tustin Specific Plan area through entering into a Development
Agreement with the City.
Sources:
City of Tustin Community Services Department
City of Tustin Community Development Department
EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
CULTURAL RESOURCES - The proposed project would not have any
effect of the cultural resources not previously considered by
EIR 85-2.
Sources: EIR 85-2
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
MANDATORY FINDINGS OF SIGNIFICANCE - Based upon the above
discussion, it can be concluded that none of the situations
identified in Section 15162 of the California Environmental
Quality Act requiring the preparation of a Subsequent EIR
exist in that:
The proposed changes would not require important
revisions of EIR 85-2 as no new significant environmental
impacts have been identified which have not been
previously covered in EIR 85-2;
There are no substantial changes that would occur with
respect to the circumstances under which the project will
be undertaken; and
No new information of substantial importance has become
available that could not have been known at the time EIR
85-2 was certified related to this project.
Therefore, an Addendum to EIR 85-2 will be prepared pursuant
to Section 15164 of the California Environmental Quality Act
in that:
a. Only minor technical changes to the trip
tables in the technical appendices of EIR
required to make the EIR adequate; and
generation
85-2 are
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 8
The minor text and map changes to the East Tustin
Specific Plan to accommodate the project and proposed
development agreement do not raise new issues about
significant effects on the environment as traffic related
issues have previously been discussed and mitigated in
EIR 85-2.
Sources:
As Previously Noted.
California Environmental Quality Act
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
ZC92002. ENV
APPENDIX A
EAST TUSTiN SPECIFIC PI.AN
PROPOSED TEXT REVISIONS
ZC 92-002 (LYON)
I ^~,~I' IU.%IIN ,%'[ATI$'iIC,&L
* Total
Maximum Allowable
Acreage Land Usc l)cnsity Units
SECTOR I
125 Est:tlc Density Residential 2 (lu/ac
Subtotal 125 188
SECTOR 2
O
74
76.65
50
37.35
10 **
15 **
8 **
Estate Density Residential
l.ow Density Residential
Medium l.ow Density Residential
Medium Density Residential
Elementary School
Junior lligh School
Community Park
2 alu/ac
5 du/ac
10 du/ac
18 du/ac
Subtotal
SECTOR 3
271
6
08 **
03 **
Low Density Residential
Elementary School
Neighborhood Park
5 du/ac
1,010 ~:
Subtotal 17
SECTOR 4
118 Estate Density Residential 2 du/ac
68
Subtotal 118
SECTOR 5
98 Estate Density Residential 2 du/ac
18 Low Density Residential 5 du/ac
177
Subtotal 116
SECTION 6
31
General Commercial
219
Subtotal 3 1
SEC'FOR7~ "~ ~
~ ~"/ 44t"' Medium Density Rcsiden~.a.l. ,~_ :.., 1. .,8, .d,.u.(_ac~ ~
o 10 ** Elementary
33 ** Community Park
150 Golf Course
Subtotal 436
SECTOR 8
77 l. ow Density Residential 4 du/ac
26 Mcdiu[n Density Residential 18 du/ac
o 10 ** Elementary School
o 4 ** Neighborhood Park
3,605
349
233
Subtotal
117
582 t
Rev: 6-19~89
Rev: 12-10-91
2-24
S E("I'O R 9
Acrcagc
39
[-ASI ftJ',;'l'lN ,%'I'A[ 5'I CAi. ANAI YSI',; (C,('~NilNUi D)
l,and Ih;c
Ma x im ti m
I)c,{sily
l.ow I)cnsity Residential
5 du/ac
* '1'~I:, l
..\ IIow;lblc
tjni~s
Subtotal
S EC'I'O l~l I0
39
46
15
o10 **
l.ow l)ensity Residential
Medium l)ensity Residential
l£1emcntary School
5 alu/ac
18 du/ac
156
Subtotal
SEC'I'OR 11
71
57
56
40
o10
o 4
lO
Medium Density P, csidcntiai
Medium High Density Residential
ltigh School
Elementary School
Neighborhood Park
Neighborhood Commercial
18 da/ac
25 da/ac
405 x
Subtotal
SECI'OI~ 12
177 1,540 ±
121 Mixed Usc
Subtotal
121 7,950 ***
Total allowable number of permitted units within a given sector may be increased if a sector
unit transfer occurs as described in Subsection 2.1.
The precise acreage and locations of private and public neighborhood parks, clc~nentary
schools and intermediate schools will be determined as part of the review of the Sector
Subdivision Maps as identified under Review Procedure Subsection 1.5 and consistent with
policies established in Subsections 2.9 and 2.10 of thc Specific Plan.
If the maximum allowable units in Tentative Tract Map No. 12345 arc not constructed, thc
unconstructed units may be transferred to thcSpccific Plan area.
Maximum density on Lot 11 of Tract 13627 shall be ten (10) dwelling units per acre.
This acreage figure is an estimated allocation for this land usc. If itchangcs, other land usc
acreage allocations in thc seclor may ci~angc, llowevcr, ti~e total allowable units for the
sector will remain the same.
Total Allowable Units assumes that if a school and/or a park currently designated for this
sector arc not built in this sector and that thc acreage goes into residential usc. if these
facilities arc constructed, thc land usc area density limitation may preclude construction of
the total allowable sector units and such unbuilt units would bc transferred to another sector.
Rcv: 6-19-89
Rev: 12-10-91 2-25
Sector 7
This is the largest of the 12 sectors in terms of acreage. The
site is virtually flat and encompasses 436 acres. It is situated
along the eastern boundary of the site and is bounded by Portola
Parkway on the north, u..~ Jamboree Road on the east, thc
Tustin'.Ranch Road on the west, and Irvine Boulevard on the south.
The site includes a hillside knoll located south of Portola
Parkway, a visually prominent landform feature which contrasts with
the flat topography within the rest of the Sector. Eucalyptus
windrows occur along Peters Canyon Wash and in the easterly portion
of the Sector.
This area is planned to encompass a variety of residential
densities to be developed around an 18-hole privately owned and
operated golf course which is to be open for public play.
Residential uses including medium and medium high densities are
planned for this Sector. Densities generally decrease from east to
west with the medium-high areas located along ~yfor~'Jambore'e Road
and Irvine'Boulevard.
Also planned for this area is an elementary school which has not
been precisely located at this time, however, it is currently
allocated for the southwest quadrant of this sector. The precise
location and size of this school shall be determined as per
Subsection 2.10 of this Specific Plan. A regional riding/hiking
trail, and bikeway are planned in accordance with County Master
Plans (Class I). The trail may be located away from Peters Canyon
Wash in order to avoid conflicts with the golf course. The trail
location in Sector 7 shown on the Land Use Plan (Exhibit C)
following along arterial highways is conceptual and may be adjusted
to meet specific site conditions and to ensure trail continuation
in the adjoining City of Irvine. A neighborhood park has also been
generally allocated for this same quadrant. The size and location
of this park will be precisely determined as per Subsection 2.8.
Finally, a 13-acre community park has been precisely located to
encompass the knoll at the northern most end of the sector. An
additional 20 acre community park will be provided near the
southeast corner of the sector.
The following policies apply to Sector 7:
ao
The maximum number of dwelling units permitted within this
sector are as shown in Table 2.4.
2-37
The golf course as shown on the Land Use Plan illustrates a
conceptual boundary. The precise edges of the golf course may
vary as long as the area of the other residential land uses
remain generally consistent with the Statistical Summary and
that the relative location of residential land use are
consistent with Exhibit C.
There may be an adjustment of increased acreage from the
minimum acreage of 150 to the golf course from that shown on
the statistical summary. Any adjustment, however, shall be at
the discretion of the landowner, and can encroach on the
residential land use parcels within this sector. Such an
adjustment would change acreages within those land use
parcels, however, the total maximum number of units allowed
within the sector will not be exceeded.
The golf course provides a strong visual image within the
sector as well as the whole community and visibility shall be
provided from the arterial roadways, therefore the golf course
shall directly front on M~ Jamboree Road, and Irvine
Boulevard, and shall have at least tw~' frontages on thc Future
Tustin Ranch Road. A minimum of 250-feet of lineal frontage
shall be provided at each of these points.
Incorporation of existing eucalyptus
considered within the golf course.
windrows shall be
In addition to the specific submittal requirements for the
Subdivision Map of this sector, refer to Section 1.5, a
conceptual landscape plan for arterial roadways adjoining this
Sector shall also be submitted with the Subdivision Map for
approval by the Director of Community Development, refer to
Section 2.12 Implementation, for specific requirements.
A community park shall be located along the edge south of
Portola Parkway and shall include the north side of the knoll
located south of this road. Development policies related to
this knoll are established in Section 2.13, Hillside District
Guidelines, Landform Modification. An additional 20 acre
Community Park shall be provided adjacent to Jamboree Road and
north of Irvine Boulevard.
Where feasible and consistent with flood control requirements,
the treatment of Peters Canyon Wash (Exhibit L) should retain
a natural appearance by (1) minimizing concrete channelization
such as vertical walls and concrete channel or trapezoidal
soil cement; (2) retaining or replanting indigenous vegetation
along the drainage course, and/or (3) locating the drainage
course within open space areas.
2-38
I~A'.31 TtKY[IN Gi'AI'I~;TIGA[ ANAI. Y~;IG
* 'l'otal
M:tximu,u A IIowalgc
Acreage l.a nd Usc l)cns i t y LJ n i ts
S EC'I'O R I
125 Estate Density Residential 2 (tu/ac
Subtotal 125 188
SECTOR 2
o
74
76.65
50
37.35
10 **
15 **
8 **
Estate Density Residential
Low Density Residential
Medium l.ow Density Residential
Medium Density Residential
Elementary School
Junior lligh School
Community Park
2 du/ac
5 du/ac
10 du/ac
18 du/ac ****
Subtotal
SECTOR 3
271
6
08 **
03 **
Low Density Residential
Elementary School
Neighborhood Park
5 du/ac
1,010
Subtotal 17
SECTOR 4
118 Estate Density Residential 2 du/ac
68
Subtotal 118
SECTOR 5
98 Estate Density Residential 2 du/ac
18 Low Density Residential 5 du/ac
177
Subtotal i 16
SECTION 6
31
General Commercial
219
Subtotal 31
SECTOR 7 ~ ~' -
5 ~-7 .-.M-l- Medium Density Rcsidcntial , -'"--18 du/a~~c
(;dr(c> ~ Nlcdium High l)cnsitv Residential
33 ** Community Park
150 Golf Course
Subtotal 436
SECTOR 8
77 Low Density Rcsidcntial 4 du/ac
26 Medium Density Rcsidcntial 18 du/ac
o 10 ** Elementary School
o 4 ** Ncighborhood Park
3,605
349
233
Subtotal
117
582 ~
Rcv: 6-19-89
Rev: 12-10-91
3-13
[A~;T [t,J,~11N ~[ATI~'~II(',~AI. ANA~Y~I,~ :C()NII.Nt,i
* 'l'otal
M'a x ~mum Allowa
Acrcagc Land Usc I)cnsiiy (in{ts
S I.XYI'(} 1~ 9
39 l.ow Dcnsity Rcs~dcnth~l 5 du/ac
Subtotal 39 156
SEC'I'OR 10
46 Low' Density Rcsidcntial 5 du/'ac
15 Medium Density Residential 18 da/ac
o 10 ** l:lcmcntarySchool
Subtotal
SI:.CTOR ! 1
71
57
56
40
oi0
o 4
10
Mcdium Density Rcsidcntial
Medium iligh Dcnsity Residential
lligh School
Elcmentary School
Neighborhood Park
Neighborhood Commercial
18 da/ac
25 da/ac
405 i
Subtotal
SECTOR 12
177 1,540 ·
121 Mixed Usc
Subtotal
121 7,950 ***
Total allowable number of permitted units within a given sector may be increased if a sector
unit transfer occurs as described in Subsection 2.1.
The precise acreage and locations of private and public neighborhood parks, elementary
schools and intermediate schools will be determined as part of thc review of the Sector
Subdivision Maps as identified under Review Procedure Subsection i.5 and consistent with
policies established in Subsections 2.9 and 2.10 of the Specific Plan.
If thc maximum allowable units in Tcntativc Tract Map No. 12345 arc not constructed, tile
unconstructcd units may be transferred to the Specific Plan area.
Maximum density on Lot I I of Tract 13627 shall be tcn (10) dwclling units per acre.
This acreage figure is an cstimatcd allocation for this land usc. If it changes, ()tiler land usc
acreage allocations in thc sector inay change, llowcvcr, thc total allowable units for thc
sector will remain tile same.
Total Allowable Units assumes that if a school and/or a park currcntly designated for this
sector arc not built in this sector and that the acreage goes into residential usc. if these
facilities arc constructcd, thc land usc area :lcnsity limitation may preclude construction of
tile total allowable sector units and such unbuilt units would be transferred to another sector.
Rcv: 6- 19-89
Rev: 12-10-91 3-14
APPENDIX B
EAST TUSTIN SPECIFIC PLAN
TRAFFIC ANALYSIS
ZC 92-002 (LYON)
~
o o
APPENDIX C
EAST TUSTIN SPECIFIC PLAN
PROPOSED DEVELOPMENT AGREEMENT
ZC 92-002 (LYON)
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
EXEMPT FROM RECORDING
FEES PURSUANT TO
GOVERNMENT CODE 6103
DEVELOp~ENT AGREEMENT
This Development Agreement is made this day of
, 1992, by and between The William Lyon Company, a
California corporation, formerly known as Lyon Communities Inc.
hereinafter referred to as ("Developer") and the City of
Tustin, a municipal corporation hereinafter referred to as
("City").
RECITALS
WHEREAS, Developer is the owner of approximately 14.14
acres of real property (the "Property") within the City of
Tustin, which Property is more particularly described on
Exhibit "A" attached and incorporated herein by reference; and
WHEREAS, Developer has proposed, and City agrees to the
payment of funds to construct the public park improvements
("the funds") in anticipation of proposed rezoning of the
Property from medium density residential to medium-high density
residential; and
WHEREAS, this Development Agreement is adopted pursuant to
Government Code Sections 65864 et. seq.; and
TIIEREFORE BE IT RESOLVED, between Developer and City as
follows:
1. Proposed Rezoninq.
Developer has proposed a rezoning of its property and an
amendment to the East Tustin Specific PI. an under which the
Developur proposes to increase the existing allowable density
from 18 dwelling units per acre to 25 dwelling units per acre
on Lot 12 of Tract 12870. Developer agrees and understands
that Developer must submit appropriate rezoning and specific
plan amendment entitlement applications which shall be subject
to the full and unrestricted right of the City to grant, deny
or conditionally approve said proposed rezoning without
restriction. Developer further acknowledges that the existing
zoning for the Property does not allow the construction of
dwelling units in excess of 18 dwelling units per acre, as the
existing zoning for the Property is medium density residential.
2. Aqreement to Pay Park Funds.
Developer hereby agrees to pay to City a contribution in
the amount of $2,000 for each excess dwelling unit (that is
each unit over and above units constructed in excess of 18
units per acre) up to, but not to exceed a maximum of $200,000.
As used herein, the term "excess dwelling unit" shall mean each
excess dwelling unit constructed by the Developer on the
Property in excess of 254 dwelling units. In the event
Developer does not receive zoning and specific plan approvals
from City to build excess dwelling unit~, Developer shall have
no obligation to pay the above stated funds to City.
3. Timing of Payment.
To implement paragraph 2 above, Developer shall begin
paying a "Prorata Per Unit Contribution" per excess dwelling
unit at ~he initial start-up of construction of the project;
that is, when the first building permit is obtained for the
first unit, Developer shall pay a Prorata Per Unit
Contribution, and for each building permit thereafter issued to
Developer by City.
As used in the foregoing sentence, the term "Prorata Per
Unit Contribution" shall mean an amount equal to the product of
(a) $2,000, multiplied by (b) a fraction, the numerator of
which is the total number of excess dwelling units for which
Developer receives tentative map approval from the City, and
the denominator of which is the total number of dwelling units
for which Developer receives tentative map approval from the
City. If, for any reason, Developer is unable or fails to
build all of the excess dwelling units used in calculating the
Prorata Per Unit Contributions, after completion of the
project, City shall reimburse Developer, within thirty (30)
days of demand therefore, an amount equal to the difference
between (y) the actual amount paid by Developer to City in
Prorata Per Unit Contributions, minus (z) the product of $2,000
multiplied by the actual number of excess dwelling units
constructed by Developer of the Property.
4. Use of Funds.
City agrees to use all of the funds solely for
construction of public park improvements within the East Tustin
Specific Plan area in the City of Tustin.
5. Aqreement Runninq with the Land.
Developer's contingent obligation to pay the funds is for
the benefit of City and all real property owned by City within
the City of Tustin, and is intended to and shall run with the
Property and inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns,
including without limitation Developer's successors in
ownership of the Property. An owner of the Property shall only
be obligated to pay for payment of said funds during its period
of ownership of the Property, and upon any transfer of
ownership, shall be automatically released from all liability
hereunder.
6. Liens and Encumbrances.
Notwithstanding anything in this Agreement to the
contrary, this Agreement shall not encumber or be a lien on any
real property or dwelling units on or that comprise a portion
of the Property other than excess dwelling units. From time to
time, at the request of Developer, City shall deliver to
Developer any documentation or instruments required by any
title company to remove the encumbrance or lien on this
Agreement from any real property or dwelling units on or that
comprise a portion of the Property, other than excess dwelling
units, or from any excess dwelling units for which Developer
has paid to City the park contribution as set forth in
Paragraph 2 above.
7. Mortgage or Deed of Trust.
The breach or the attempt to breach any of the covenants
or other provisions contained herein, shall not defeat, affect
or render invalid the lien or charge of any mortgage or deed of
trust made in good faith and for valuable consideration;
provided, however, that all such covenants and other provisions
shall remain in full force and effect, notwithstanding the
foreclosure and subsequent foreclosure sale of any mortgage or
deed of trust which shall hereafter constitute an encumbrance
on the Property.
8. Periodic Review.
This Agreement shall be subject to periodic review at
least every 12 months, pursuant to Government Code Section
65865.1.
9. Term.
This agreement shall remain in effect until all
contributions have been paid in accordance with paragraph 3
above.
10. Hold Harmless and Defense.
Developer agrees to and shall indemnify, save, defend and
hold City, its officers, agents and employees, harmless from
any liability arising from claims from the City's approval or
execution of this Agreement.
This foregoing provision applies to all damages and claims
for damages suffered or alleged to have been suffered by reason
of the operations referred to in this section, regardless of
whether or not City preferred, supplied, or approved plans or
specifications, or both, or all, for the project.
11. Notices.
Ail notices under this Agreement shall be given to the
following representatives of the parties, at the addresses
indicated below by personal service, or by registered certified
United States mail, postage prepaid, return receipt requested,
addressed as follows:
If to City:
City of Tustin
300 Centennial Way
Tustin, California 92680
Attn: City Clerk
Copy to: City Attorney
If to Developer:
The William Lyon Company
4490 Von Karman Avenue
Newport Beach, California 92660
Attn: Mr. Chris Hawke
12. Assiqnment.
Developer may, at its discretion, join and associate with
other entities into joint-ventures, partnerships, or otherwise
4
for the purpose of performing under this Agreement. The rights
under this Agreement may be transferred or assigned in whole by
Developer by written notice to the City within thirty (30) days
after the effective date of such assignment.
13. Time is of the Essence.
Time is of the essence of each provision of this Agreement
of which time is an element.
IN WITNESS WHEREOF, the parties have
Agreement as of the date first above written.
City:
City of Tustin
executed this
APPROVED AS TO FORM:
By:
Mayor
James E. Rourke
City Attorney
DEVELOPER:
The William Lyon Company
By:
Title
Lyon.dev
5
EXHIBIT A
DEVELOPMENT AGREEMENT
ZONE CHANGE 92-002 (LYON)
LI':GAI ~ I) I'],~'; C!{ ]' ]~q' T ON
Lots 12, "L" and "N" of Tract 22870