HomeMy WebLinkAboutCC RES 93-05 3
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RESOLUTION NO. 93-05
A RESOLUTION OF THE CiTY COUnCiL OF THE CITY
OF TUSTIN, CALiFORNiA, RECERTIFYING FINAL
ELWIRONMENTAL IMPACT REPORT 85-2 WITH ADDENDUM
NO. 4 FOR REVISIONS TO THE TRIP GENERATION
P~ATE SUMMARY RELATED TO ZONE CHANGE 92-002 IUN'D
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:
A o
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 Trace 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.
m o
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.
Co
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).
m o
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 a].ternatives 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. 93-05
Page 2
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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 nhe
Program EiR, particularly in the traffic analysis
contained in the Technical Appendices of said EIR,
and an Addendum No. 4 to EIR 85-2 addressina
traffic and the development agreement contained in
Exhibit A, attached hereto and incorporated herein
by reference. Ail 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 Envirohmentai
Quality Act. Further, the City Council finds the
project involves no potential ~or any adverse
effect, either individually or cumulatively, on
wildlife resources; and, therefore, makes a De
Minimis impact Finding related to AB 2158, Chapter
1706, Statutes of 2990.
Applicable mitigation measures identified in the
Final E!R have been incorporated into this project
which mitigates any potential signi=icant
environmental effects thereof. The mitigation
measures are identified as Conditions of Ordinance
No. 1102 approving Zone Change 92-002 and
Resolution No. 93-05 approving Development
Agreement 92-001.
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Resolution No. 93-05
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 1st day of February, 1993.
~E~LIE ANNE PONTIOUS
Mayor
~..RY E~0 WYNN O
City CIerk
STATE OF CALIFORNIA
COO~TY OF ORANGE
CiTY OF TUSTiN
SS
CERTIFICATION FOR RESOLUTION N0.93-05
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.93-05 was duly and regularly
introduced, passed, and adopted at a regular meeting of
the Tustin City Council, held on the Ist day of February,
1993.
COUNCiLMEMBER AYES:
COUNCiLMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COO-NCiLMEMBER: ABSENT:
None
Pontious Potts Puckett Saltarelli Thomas
MARY E. ~'YNN 6
City ClaWrk
ADDENDUM NO. 4 TO FINAL
ENVIRONMENTAl. IMPACT REPORT 85-2
(SCH NO. 85{152217)
ZONE CHANGE 92-002 (LYON)
&
DEVELOPMENT AGREEMENT 92-001 (LYON)
Prepared by:
City of Tustin
Community Development Department
15222 Dcl Arno Avenuc
Tustin. CA 92680
(714) 544-$890
Contact: Daniel Fox, Sen/or Planner
October 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 CItECKLIST
SECTION 3 - DISCUSSION OF EN'VIRONMENTAL EVAI_JJATION
Appendix A - Proposed East Tustin Specific Plan Text Revisions
Appendix B - East Tustin Specific Plan Traffic Analysis
Appendix C - Proposed Development Agreement
SECTION 1 - 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:
1. 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.
~ 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
~.nform the decision makers and the general public of the
significant environmental effects of the proposed project and the
potential mitigetion measures for the proposed project. Final EIR
85-2 is hereby inco.~porated by reference into this addendum.
~oll owing J.s a description of the project ]ccation 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 f.'rom project implementation.
Section 3 elaborates on the informat~ on contained in the
environmental checklist and identifies any d~ f ferences in
environmental Jnpacts between the proposed zone chan~e and
development agreement and the approved land uses tha% 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 acrQss Tu~tin 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
proposes 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 iR 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-High Density Residential (Exhibit 3).
Amend the Secter 7 land use descriptions ¢,f the East Tustin
Specific Plan to accommodate the land use designation change
(Appendix A).
Amend the Statistical Summaries of the East Tustin Specific
Plan tc accommodate the ]and use designation changes (Appendix
A).
Development Agreement (LYON)
Provide a mechanism to make contributions for use in parkland
development within the East ~ ~-~' ~
q u.:,u] n .%pec i ~ Jc Plan area
(Appendix C).
DF: br / z¢(;2002, aC, d
2
¢ - SECTOR
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Project
Site
NUMBER
oject Site/vDp
..3 92-002 (LYON)
't? of Tustin
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ZG 02-002 (LYON)
~ tR 0 V E D Land Use Plan
EAST TLJSTIN SPECIFIC PLAN
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OSED
ZC 92-O02
(LYON)
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Land Use Plan
EAST TUSTIN SPECIFIC PI_/'xN
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SECT1ON 2 - ENVIRONMENTAL CItECKL1ST
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FOCal
Background
1. Name of Proponent LYON COMMUNITIES, ]NC.
2. Address and Phone Number of Proponent
NEWPORT BEACH, CA 92658-7520
714-476-5222
4490 VON KARMAN
II.
3. Date of Checklist Submitted OCTOBER 1, 1992
4. Agency Requiring Checklist CITY OF TUSTIN
5. Name of Proposal, if applicable ZC 92-002 (LYON)
Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
Yes Maybe. 1~_~o
1. Earth.
Will the proposal result in:
unstable earth conditions or in
changes in geologic substructures?
Disruptions, displacements, compaction
or overcovering of the soil?
Change in topography or ground surface
relief features?
Thc destructS on , covering or
modification of any unique geologic
or physJ, cai features?
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 Jn :.3iltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean .or any ban, inlet ol
]ake?
M_a. ybe
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 9.ir 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:
ae
Changes in currents, or the course
of direction of water movements,
in either marine or fresh water?
be
Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
Ce
Alterations to the course or flow
of flood waters?
Change in the amount of surface
water in any water body?
es
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 directicn or rate
cf flow o~- ground waters?
Change in the quantity of ground
waters, either through direct addition:~
or withdrawals, or through interception
of ~:n aquifer by cuts or excavations?
Substantial reduction in the amount of
water othez~'ise available for public
water supplies?
Exposure of people or property to
water related hazards such as flooding
or tidal waves?
Plant Life. Will the proposal result in:
Change in the diversity of species, or
number o~ any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants)? .. ,..
bo
Reduction o'f the numbers of any unique,
rare or endangered species of plants?
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 th-e proposal result in:
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. Red~ction 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?
~oise. Will the proposal result in':
a. Increases in c×ist~:]g noise levels?
b. Exposure of people tc severe noise
]evel s?
Light and Glare. Will the proposal produce
new light or glare?
Ye~ ~aybe ~o
3.0.
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?
Substantial depletion of any
nonrenewable natural resource?
Risk of Upset. Will the proposal involve:
A risk of an explosion or tile 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
vet%icular movement?
bo
Effects on existing parking facilities,
or demand for new parking?
Co
Substantial impact upon existing
transportation .~¥ot_mo'~
do
Alteration:; to present patterns of
circulation or movement of people
and/or g ood.~3 ?
_Z
Ye~ ~a¥~q
15.
e.Alterations to waterborne, rail or
air traffic?
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal have
an effect upon, 6r result in a need for new
or altered governmental services in any of
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?
16. Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
the following areas:
b.
c.
d.
e.
Power or natural gas?
Communications systems?
Water?
Sewer or septic tanks?
Storm water drainage?
Solid waste and disposal?
./
.?
Y e $ M a_y3 )_~2 N o
17.
18.
19.
20.
21.
Human Health.
result in:
Will the proposal
Creation of any health hazard or
potential health hazard (excluding
mental health)?
bo
Exposure o~ 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
Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
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 cuitura]
values?
do
Will the proposal restrict e>~'JstJnc
religious or sacred use.~3 wjthin thc
potential impact area?
22.
Mandatory Findings of Significance.
ao
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?
bo'
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 ~ill
endure well into the future).
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 - DISCIISSION OF ENVIRONMENTAL EVALIIATION
PROJECT DESCRIPTION SIIPPLEMENT - 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.
1. 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
Mitigatio:~ Measures/Monitoring Required: No additional
mitigation required.
2. 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: No additional
mitigation required.
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 2
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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
PLANT 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
ANTMAL 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.
SoLlrces:
City of Tustin Zoning Code
City of Tustin Genera]. Plan Noise Element
EIR 85-2
Mitigation Measures/Monitoring
mitigation required.
Required: No additional
LIGHT A1ND 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: No additional
mitigation required.
....
8. 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: No additional
mitigation required.
9. NATURAL RESOURCES - The proposed prcject wou]_d 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 wou~d result in a greater
potential for upset from that previously considered in EIR 85-
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 propcsed 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. TRANSPORTATION AND CIRCIILATION - 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: No additional
mitigation required.
14 . PIIBLIC 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 Pub]_ic Works Department
City oT Tustin Police Department
grange County Fire Department ,
EIR 85-2
riitigatien Measures/Monitoring Required: No additional
mitigation required.
15. 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 Ct]ange 92-002 (Lyon)
Page 6
16.
17.
18.
]9.
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
~UMAi~ ~EALT~ - 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
AESTtLETICS - 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/~onitorin~
mitigation required.
Required: No additional
RECREATION - The proposed preject would not result in any
additional recreational impacts not previously considered by
~IR 85-2. Actual Park]and Dedication requirements are based
upon persons per unit within the project. Since the proposed
changu 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 e>:~st or
modification to the original EIR be required. As a voluntary
contribution for conside]-atJon of the Zone Change, the
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 7
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 S,grvices Department
City of Tustin Community Development Department
EIR 85-2
Mitigation Measures/Monitoring Required: No additional
mitigation required.
20. CIILTURAL RESOIIRCES - The proposed project would not have any
effect of the cultural resources not previously considered by
EIR 8.5-2 .
Sources: EIR 85-2
Mitigation Measures/Monitoring Required: No additional
mitigation required.
21. 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:
a. The proposed changes would not require important
revisions of E_IR 85-2 as no new significant environmental
impacts have been identified which have not been
previously covered in EIR 85-2;
b. There are no substantial changes that would occur with
respect to the circumstances under which the project will
be undertaken; and
c. 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 protect.
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 generation
tables in the technical appendices of EIR 85-2 are
required to make the EIR adequate; and
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 8
bo
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.
,o o
Sources:
As Previously Noted.
California Environmental Quality Act
Mitigation Measures/Monitoring Required:
mitigation required.
No additional
ZC-~2002. E ~v
APPENDIX A
EAST TUSTIN SPECIFIC Pl..AN
PROPOSED TEXT REVISIONS
ZC 92-002 (LYON)
CAL;'I 1U.q11N .$1AII'..;IlCAL AI',IAI..Y$1.$
"Tot:il
Maximum Allowable
Acreage Land Use Density Units
,c; ECTO I*, I
125 Estate Density Residential 2 du/ac
Subtotal 125
S EC'I'O R 2
74
76.65
50
37.35
'o 10 **
15 **
Estate Density Residential
Low Density Residential
Medium I,ow Density Residential
Medium Density Residential
Elementary School
Junior High 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 alu/ac
1,010
Subtotal 17
SECTOR 4
118 Estate Density Residential 2 du/ac
68 ~
Subtotal 118
SECTOR 5
98 Estate Density Residential 2 alu/ac
18 Low Density Residential 5 alu/ac
177
Subtotal 116
SECTION 6
31
General Commercial
219
Subtotal 31
SECTOR 7
33 *" Community Park
150 Golf Course
Subtotal 436.
SEC'I'O R 8
77 l. ow l)cnsity Rcsidcntial 4 alu/ac
26 ,",icdium Dcnsity Rcsidcntial 18 du/ac
o 10 ** £1cmcntary School
o 4 '' Ncighborhood Park
3,605 ·
349
233
Subtotal
117
582 ~
$:,'x" (,-Iq-R()
i]A.'.;I' 'Tu.'311N .$1Al151~CAI. ^NALY.'JI$ (CONIlNUI~I.))
"" '1 'O I a I
Max i:nUnl Allows
Acreage Land Usc IJcn:,ily Unit~
39 I.ow Density l?,c:;idcnti::l .5 alu/ac
39 156
CTO R 9
btotal
~CTOR 10
btotal
~CTOR 11
xbtotal
£CTOR I2
zbtotal
46 Low Density Residential 5 du/ac
15 Medium Density Residential 18 du/ac
o 10 °° Elementary School
71
57
56
40
0 10 **
0 4 **
10
Medium Density Residential
Medium ltigh Density Residential
High School
Elementary School
Neighborhood Park
Neighborhood Commercial
18 du/ac
25 du/ac
405 x
177 !,540 ~
121 Mixed Use
121 7,950 ***
Total allowable number of permitted units within a given sector may be increased if a scctor
unit transfer occurs as described in Subsection 2.1.
Thc precise acreage and locations of private and public neighborhood parks, elementary
schools and intermediate schools will bc determined as part of thc 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 the Specific Plan.
If the maximum allowable units in 'Fcntativc Tract Map No. 12345 arc not constructed, the
unconstructed units may be transferred to thc Specific Plan arcs.
Maximum density on Lot 11 of Tract 13627 shall be ten (10~ dwelling units per acre.
-l'i~isacrcagc figure Js nn estimated allocation for this laud use. If it changes, other land u~c
~creagc allocations in thc sector may change, itow':'.'cr, the tota! al;owablc units for thc
scctcr v,'iil rcmain thc ?mc.
Total Allowable Units assumes that if a school and/or a park cu:rcntly dcsignatcd for this
sector arc not built in thisscc~or and that ti;c ::c~cal,,c goes into rcaidcntial usc. If thcsc
facilities arc constructcd, thc land usc arcs density li~nitation may preclude construction of
thc total allowable sector units :'.-nd such unbuilt units would bc transferred to another scclor.
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
Pa.~ay on the north, Myf~r~ U~m~'~ree Road on the east, ~c Fut~r~
Tustin'Ran~h Road on the wes~ "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 W~sh add 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 M~ ~~ Road
~nd~.'I'rv~ne'i.~oulevard.
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:
The maximum number o£ dwelling units permitted within this
sector are as shown in Table 2.4.
2-37
The golf course as sI~own on the Land Use Plan illustrates a
conceptual boundary. The precise edges of the golf course may
van' as long as the area of the other residential land uses
remain generally consistent with tile 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 tile
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 .~'ithin 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 My~r~ ~'~'~ Road, and Irvine
Boulevard, and shall have at least'~"f'~htages on ~e--F~
T~$tln".~'~'ahch Road. A minimum of 250-feet of lineal irontage
~ha%'%' ~"~vided at each of these points.
Incorporation of existing eucalyptus windrows shall
considered within the golf course.
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 tile edge south
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
nor%:h of Ir\'ine Boulevard.
Where feasible and consistent with flood control requirementa~,
%he treatment of Peters Canyon Wash (E>:hibit L) should retain
a natural appearance by (1) minimizing concrete channel izatJ on
'.;uch as vertical %'alls and concrete channel or trapezoidal
scil cement; (2) retaining or rel~lantJng ~ndJgenous vegetation
along the drainace course, and/~r (3) locating the drainage
course wjth~.;] ope~ :',pace area~;.
APPENDIX B
EAST TLISTIN SPECIFIC PLAN
TRAFFIC ANALYSIS
ZC 92-002 (LYON)
APPENDIX 8
EAST TUSTIN SPECIFIC -PLAN
TRAFFIC ANALYSIS
TECHNICAL APPENOICIES, EIR 85.2
ZC 92.002 (LYON)
LAND USE VALUES FOR BUILDOUT
......... AM PK HR ......... .........PM PK HR .........
ZONE USE UNITS IN OUT TOTAL IN OUT TOTAL ADI
39 10.
Res Loa
-161
du
32
97
129
97
64
161
1610
39 12.
Res Medium
359
du
72
215
287
215
144
359
3087
39 13.
Res - Medium -High
1166
du
233
583
816
466
350
816
U79
39 21.
Elementary School
690
Stu
69
0
69
0
0
0
552
39 24.
Neighborhood Park*
0
ac
0
0
0
0
0
0
0
39 25.
Community Park*
20
ac
0
0
0
0
0
0
100
TOTAL
406
895
1301
778
558
1336
13628
Total
old zone loading
437
1071
1508
955
682
1638
15749
i GRAND TOTAL NEN 406 895 1301 0 778 558 1336 13625
Grand Tote[ old zone loading 437 1071 1508 0 955 682 1638 1574.9
Net Change -31 -176 -207 0 -177 -124 -302 -2121
• Approved modifcations from previous addenduri to EIR 85-2 related to
relocation of community park site from sector 7 to sector 11
SECTOR 9
Subtotal
SECTOR 10
Subtotal
Acreage
39
39
EAST T1 ,STATISTICAL ANALYSIS (GONTINUEO)
Maximum
Land Usc Density
Low Density Residential 5 du/ac
46 Low Density Residential
15 Medium Density Residential
0 10 ** Elementary School
71
SECTOR 11 ~~~
57 Medium Density Residential
56 Medium High Density Residential
40 High School
0 10 ** Elementary School
0 4 ** Neighborhood Park
10 Neighborhood Commercial
Subtotal 177
SECTOR 12
121 Mixed Use
Subtotal 121
5 du/ac
18 du/ac
18 du/ac
25 du/ac
* Total
Allowable
Units
156
405 t
1,540 t
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 pcccisc acreage and locations of private and public neighborhood parks, elementary
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 the Specific Plan.
*** If the maximum allowable units in Tentative Tract Map No. 12345 are not constructed, the
unconstructed units may be transferred to the Specific Plan area.
**** Maximum density on Lot 11 of Tract 13627 shall be ten (10) dwelling units per acre.
o This acreage figure is an estirnated allocation for this land use. If it changes, ether land use
acreage allocations in the sector nzy change. However, the total allowable units for the
sector v~iil remain the ~~ame.
i Total Allowable Units assumes that if a school and/or a park currently designated for this
sector are not built in-this sector and that the acreage goes into residential use. If these
facilities are constructed, the land use area density limitation mzy preclude construction of
the total allowable sector units and such unbuilt units would be transferred to another sector.
R r~~ (,- 1 4-R4
B. 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 ~![~-f~~ am~s~ Road, and Irvine
Boulevard,.. .and shall have at least two frontages on
~u_=>=a~r:~ Road. A minimum of 250-feet of lineal frontage
s~a~~Y~be"provided at each of these points.
Incorporation of existing eucalyptus windrows shall be
considered within the golf course.
C. 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.
D. 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.
E. 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
ST 7USTIN STATISTICAL ANALYSIS * Total
Maximum Allowable
Acreage Land Use Density Units
SECTOR 1
125 Estate Density Residential 2 du/ac
Subtotal 125 188
SECTOR 2
74 Estate Density Residential 2 du/ac
76.65 Low Density Residential 5 du/ac
50 Medium Low Density Residential 10 du/ac
37.35 Medium Density Residential 18 du/ac ****
0 10 ** Elementary School
15 ** Junior High School _ ~„
8 ** Community Park
Subtotal 271 1,010 t
SECTOR 3
6 Low Density Residential S du/ac
0 8 ** Elementary School
0 3 ** Neighborhood Park
Subtotal 17 68 f
SECTOR 4
118 Estate Density Residential 2 du/ac
Subtotal 118 177
SECTOR 5
98 Estate Density Residential 2 du/ac -
18 Low Density Residential S du/ac
Subtotal 116 219
SECTION 6
31 General Commercial
Subtotal 31
SECTOR 7
~ --1--1~-- Medium Density Residential 18 du/ac
>
14Cp -1-3-?.-- i~ied~um 1-ligh Density Residential
~~ 25 du/ac
~ ~** m ary Schccl
Ele
33 ** Cominuaity Park
150 Golf Course
Subtotal 436 3,605 t
SECTOR 8
77 Low Density Residential 4 du/ac 349
26 Medium Density Residential 18 du/ac 233
0 10 ** Elementary School
0 4 ** Neigh>orhood Park
Subtotal 117 ~ 582 t
Rcv: 6-19-89
EAST N STATISTICAL ANALYSIS (CONTINUE) * Total
Maximum Allowable
Density Units
SECTOR 9
Subtotal
SECTOR 10
Subtotal
SECTOR 11
Subtotal
SECTOR 12
Subtotal
Acreage Land Use
39 Low Density Residential 5 du/ac
156
39
46 Low Density Residential
15 Medium Density Residential
0 10 ** Elementary School
71
57 . .,-.
Medium Density Residential
56 Medium High Density Residential
40 High School
0 10 ** Elementary School
0 4 ** Neighborhood Park
10 Neighborhood Commercial
177
121 Mixed Use
121
S du/ac
18 du/ac
l8 du/ac
25 du/ac
405 t
1,540 t
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 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 the Specific Plan.
*** If the maximum allowable units in Tentative Tract Map No. 12345 are not constructed, the
unconstructed units may be transferred to the Specific Plan area.
**** Maximum density on Lot 11 of Tract 13627 shall be ten (10) dwelling units per acre.
o This acreage figure is an estimated allocation for this land tae. If it changes, other !and use
acreage allocations ir. the sector may change. However, t; a rota: allowable t;eits for the
sector wilt remain the same.
Total Allowable Units assumes that if a school and/or a park currently designated for this
sector are not built in this sector and that the acreage goes into residential use. If these
facilities are constructed, the land use area density limitation may preclude construction of
the total allowable sector units and such unbuiit units would be transferred to another sector.
Rev' 6-19-89
APPENDIX C
EAST TUSTIN SPECIFIC PLAN
PROPOSED DEVELOPMENT AGREEMENT
ZC 92-002 (LYON)
RECORDING REQUESTED BY A/qD
~{EN RECORDED RETURN TO:
city Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
EXEMPT FROM RECORDING
FEES PURSUA/~T TO
GOVERNMENT CODE 6103
DEVELOPMENT 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 o~er of approximately 14.14
acres of real property (the "Property") within the City of
Tustin, whicn 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
THEREFORE BE IT RESOLVED, between Developer and City as
follows:
I. Proposed Rezon..~ n.g:_
Developer has proposed a rezoning o~ its property and an
amendment to the East Tustin Specific Plan under which the
Developer 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 units, Developer shall have
no obligation to pay the above stated funds to City.
.3. Timinq of Payment.
To implement paragraph 2 above, Developer shall begin
paying a "Prorata Per Unit Contribution" per excess dwelling
unit at the initial start-up of construction of the project;
that is, when the first building permit is obtained for the
construction of a dwelling unit on the Property, 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 dwelling units in excess of 254
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 and/or
any and all successors-in-interest are unable or fails to build
all of the excess dwelling uDits used in calculating the
Prorata Per Unit Contributions, after ccmpletion 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 and/or any and all successors-in-
interest on 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. Agreement Runninq with the Land.
Developer's contingent obligation to pay the funds is l'or
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 for payment of said funds during its period of
ownership of the Property, and upon any transfer of ownership
of the Property to a new owner or owners and the obligations
prescribed herein running with the land, the transferor shall
be automatically released from all liability hereunder.
· 6. Liens and Encumbrances.
The Property and each parcel and dwelling unit thereof
shall be subject to a lien for the obligations prescribed in
this Agreement. Upon payment of the Prorata Per Unit
Contribution to City for each dwelling unit, the City shall,
upon request, deliver to Developer a duly executed release of
the lien prescribed herein as to such dwelling unit. In the
event Developer does not receive zoning and specific plan
approvals from City to build excess dwelling units, Developer
shall have no obligation to pay.
7. Mortqage 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, notwJthstanding the
I~crcc]osure and subsequent foreclosure sale of any mortgage or
deed of trust which shall hereafter constitute an encumbrance
on the Property.
8. Periodic Review.
This Aqreement shall be subject to periodic review at
least every i2 months, pursuant to Government Code Section
65865.1.
3
9. Te~-m.
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:
If to Developer:
City of Tustin
300 Centennial Way
Tustin, California 92680
Attn: City Clerk
Copy to: City Attorney
The William Lyon Company
4490 Von Karman Avenue
Newport Beach, California 92660
Attn: Mr. Chris Hawke
12. Assignment°
Developer may, at its discretion, join and associate with
other entities into joint-ventures, partnerships, or otherwise
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.
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Of ~'hich time Is mn element.
City:
C~.ty e£ Tustin
ux¢~.;ut ed tni~
APPROVED AS TO FOR~:
By:
Mayor
Jamem E. Rourke
Cit~ Attorney
DEVELOPER:
The %:illiam Lyon Company
~.yO~.Oev
EXHIBIT A
DEVELOPMENT AGREEMENT
ZONE CHANGE 92-002 (LYON)
LEGAL DESCRIPTION
Lots 12, "L" and "N" of Tract 12870
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