HomeMy WebLinkAboutPC RES 3113 1
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RESOLUTION NO. 3113
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONE CHANGE 92-
002 TO AMEND THE EAST TUSTIN SPECIFIC PLAN
LAND USE MAP TO CHANGE THE LAND USE CATEGORY
IN THE VICINITY OF LOT 12 OF TRACT 12870 FROM
MEDIUM DENSITY TO MEDIUM-HIGH DENSITY
RESIDENTIAL WITH MINOR TEXTURAL REVISIONS AND
DEVELOPMENT AGREEMENT 92-001
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
ne
That an application has been filed by The
William Lyon ComPanY, requesting approval of
Zone Change 92-002 to change a land use
category in the vicinity of 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.
Be
That a public hearing was duly notice, called
and held on said application by the Planning
Commission on January 11, 1993.
Ce
That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
certified with Addendum No. 4 in conformance
with the requirements of the California
Environmental Quality Act for the subject
project.
De
Proposed Zone Change 92-002 would be
consistent with good land use design placing
higher density residential products adjacent
to major arterials minimizing traffic and
noise impacts.
E~
Proposed Zone Change 92-002 and Development
Agreement 92-001 would be consistent with the
policies of the General Plan Land Use and
Housing Elements with placement and
encouragement of owner occupied dwellings.
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Resolution No. 3113
Page 2
Fe
Development Agreement 92-001 is consistent
with uses authorized in the East Tustin
Specific Plan, as amended.
Ge
Development Agreement 92-001 is in conformity
with the public necessity, convenience,
general welfare and good land use practices in
that it would provide a mechanism for
financial contributions to be made by the
applicant to the City for development of park
facilities.
He
Development Agreement 92-001 would not affect
orderly development of the property in that
any future development proposal for the
property would be subject to the City's Design
Review and subdivision process.
I ·
Development Agreement 92-001 would have a
positive fiscal impact on the City in that
voluntary contributions would be made by the
applicant to the City which would be used for
development of park facilities.
II. The Planning Commission hereby recommeDds approval
to the City Council of Zone Change 92-002, changing
the East Tustin Specific Plan land use map. in the
vicinity of Lot 12 from Medium Density to Medium-
High Density Residential, textural modifications
the East Tustin Specific Plan, subject to the
Conditions contained in the attached Exhibit A, and
Development Agreement 92-001 in substantially the
form attached hereto as Exhibit B, and incorporated
herein by reference and approval of the City
Attorney.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 11th day of
January 1993.
Recording Secretary
Cha irpe~son /
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Resolution No. 3113
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3113 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the llth day of
January, 1993.
KATHLEEN C~
Recording Secretary
1 F
EXHIBIT A
RESOLUTION NO. 3113
CONDITIONS OF APPROVAL
ZONE CHANGE 92-002/DEVELOPME14T AGREEMENT 92-001 (LYON)
GENERAL
(1) 1. 1 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the property, subject to
review and approval by the Community Development
Department.
(1) 1. 2 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to the issuance of building
permits.
(1) 1. 3 The developer shall hold and defend the City of Tustin
harmless for all claims and liabilities out of City's
approval of the entitlement process for this project.
PLAN SUBMITTAL
*** 2 . 1 Within 30 days of approval, the applicant shall submit 15
copies of the East Tustin Specific Plan with the
following plans and exhibits:
a. Revised Sector 7 descriptions.
b. The East Tustin Statistical Analysis identified on
pages 2-24, 2-25, 3-14 and 3-15 shall be revised to
reflect the current acreage totals for the Medium
and Medium-High Density Residential land use
categories.
C. Revised Land Use Map identifying a "MH" designation
in the vicinity of Lot 12 of Tract 12870.
*** 2 .2 Within 30 days of approval, the applicant shall submit a
revised Statistical Summary of Tract 12870 to reflect the
Medium-High Density Residential land use category on Lot
12 of Tract 12870. The Assumed Unit column shall also be
revised based upon current subdivision approvals and
applications to not exceed the 3,590 dwellings authorized
within Sector 7 .
SOURCE CODES
(1) STANDARD CONDITIONS (4) UNIFORM BUILDING CODE
(2) PLANNING COMMISSION POLICY (5) RESPONSIBLE AGENCY
(3) MUNICIPAL CODE REQUIREMENT
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Exhibit A
Resolution No. 3113
Page 2
*** 2 . 3 Within 30 days of approval, the applicant shall submit 15
copies of a revised--large scale Land Use Map-.
DEVELOPMENT AGREEMENT
*** 3 . 1 Witham 30 days of approval, the Development Agreement
executed between the applicant and the City shall be
recorded on the property.
FEES
(2) 4. 1 Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier' s check payable to the
COUNTY CLERK in the amount of $25. 00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
19900, enabling the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15094 . If
within such forty-eight (48) hour period the applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hours of
notification, a -cashier's check payable to the COUNTY
CLERK in the amount of $850 (eight hundred fifty dollars)
pursuant to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall not be
operative, vested or final unless and until the fee is
paid.
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RECORDING REQUESTED BY AND EXEMPT FROM RECORDING
WHEN RECORDED RETURN TO: FEES PURSUANT TO
GOVERNMENT CODE 6103
City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
N N
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 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
THEREFORE BE IT RESOLVED, between Developer and . City as
follows: .
1. Proposed Rezoning.
Developer has 'proposed a rezoning of 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
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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. Agreement 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 . • Timing 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 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 and/or any and all successors--in--
interest on the Property.
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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 Running 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 16 intended to and shall run with 'the
Property and inure to the benefit of and be binding upon the
parties hereto and their respective sildbessors 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. 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.
3
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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.
All 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:
1f 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 . 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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13. TIM2 is -Of 00095020-
Time is oll the Issencl Or alch Prov's" 0' Wis
of which time 18 an elOzant-
IN WITNESS WKEREOF, yte p4ttias hain SX00utsd
of tho dsts first-above writvtn.
city;
City of Tustin
BY-*
Mayor
APPROVED AS TO FOXQ
Jaws
City Attorney
The' Villiam Lynn Company
Z_
Title
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EXHIBIT A
DEVELOPMENT AGREEMENT
ZONE CHANGE 92-002 (LYON)
LEGAL DESCRIPTION
Lots 12f "L" and "N" of Tract 12870
N. u.
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t.
,1. HOMAS L. POWELL
ATTOkNBY AT LAw
100 BAxvcaw Cmcs, Sum 6000
NnwPan BQACH• CiALTFOWCA 92660
Fxon (714) 721-7287 0 FAx (714) 721-7400
December 290 1992
Mr, Norm Smith
Project Director
THE IRVINE COMPANY
550 Newport Center Drive
Ne ort Beach, CA 92660
RE: �jlistin stanch Community Aesoa atign.I
Der Norm:
•
In furtherance of Maur ' tolophone conversation last week
re arding the interpretation of the provisions of section 1 of
iole II in the "Master Declaration of C'ovenants, Conditions and
Re trictions and Reservation of. Basements for Tustin Ranch
Co unity Association 1,11 and as the • author of the Master
De laration, I have briefly summarize below the intent of these
pa titular provisions.
j As indicated in the Recitals to the Master Declaration,
th Master Declaration contains a variety of provisions, including
"a venan a, conditions, restrictions, reservations, easements,
eq i.table servitudes, liana and charges. " In addition to these
ra her legalistic concepts, to assist owners in TRCA I in
un lerstanding the basic development plan for TRCA I in keeping with
myi customary. practice, I included a narrative in the Master
Delaration describing in general terms the naturreref the Project,
t11W
types of homes contemplated to be built, the relationship
been the Master Association and any sub-associati.cns, etc.
A, tionally, I wrya�nt� theta owners yt�7o{v�yrechei.ve fully.�dyiaclosure about
aAA uniC,[11F3 od{, unill�'74�l �W�tt1�Jrs k�Faritf+lMit+rn,g the P.F Vjecta This i•�Mprcisely what Article 11 is all about. Specifically* Section 1
prvi.des an overall introduction into TRCA I; Section 2 d1soloses
tht the Declarant has reserved extensive rights to modify the
orginal development plan ,for the Project; section 3 is vary
explicit that the purpose of Article II is " . . . merely to describe
th3 legal relationship between the first and any subsequent Phases
of the Project in the event all or any of such Phases shall be
constructed and annexed into the Project" ; and Sections 4 through
S lare very specialized disclosure provisions relevant to the
pr joct.
10M.023ATICIC OH�t110W,U334M9192
i ATTACHMENT A
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c
Mr. Norm Stith
December 29, 1992
Page 2
The arnoroximate number of Residences is salt forth in
section 1, for two reasona: (ly th6 VRE needs an approximate number
of A4xi,dencea in order to calculate the Assessment% to be levied if
th Project is built out as proposed; and (2) FMMA prefers that the
Mater Declaration identify an estimated number of Residences to be
included in the Project. Since the: Mayter Declaration is recorded
at jthe outcast of the Project, the estimated number of Residences
cannot be anything more than a good faith Projection based upon the
original development plan, The current economic climate in Grange
county is a classic example of how circumstances which are beyond
th4 Declarants control can not only adversely impact the time
fraime for completing the Pro j sect, but also spur a request to modify
th4 original development, plan. For these reasons, Section 1 in
subject to extensive 'qualifying language" (e.g. Itas presently
planned",, +fiftt, •eta. ) .
In short, the provisions of Section I of Article 11 are
Just that - - .. provisions; they are not covenants. A Mtoovenant"
isja promise or pledge by a paragon or entity. to another to do or
refrain from doing some act. Covenants are characterised by using
certain types of words( e.g. agree, must , shall, promise, etc. ) .
Fu�ther•more,, in order for a provision to rive to the level of a
covenant which runs with the land, certain strict le al
re4uirements must be met pursuant to California Civil. Code Section
1468, In. Light of the facts that there was no intent to create
covenantee, that the language is not reflective of covenants, the
provisions in Section I of Article II of the Master Declaration do
not constitute covenants (and thus cannot constitute covenants
which run with the land) , and as such do not limit or otherwise
re4trict either the beclarant's or any Merchant guilder's right to
modify the original development plan for TRCA 1,
I trust the foregoing has helped clarify the intent of
Sedti.on 1. If you have any further questions, pleass give me a
call.
Hest. regards,
T'HOMAS L. POWELL
TLP;dmw
103N'7.(l7.�-tTTCIt;CY[�kl t noq,(Y�S.1�!191�
and to any supplements or amendments hereto filed or recorded
pursuant to the provisions of - this Master Declaration, and to any
Nrot3.ce of Axmexation for a subsequent Phase-, unless c�ttaerwi see
3.nd1car_ad ear 1-he context shall prohibit such application.
ARTICLE II
GENERAL ELAN of DEVELOPMENT
&eetion Z_ ion to T13stin8 c mmu
(a) general E,1 tin_QE_Qey2losasnent. Tustin Ranch conmsuref_ty
Au sociation I has been designed as a raniclantial master
planned development, and will be developed in substantial can-
formance with the Development-* Plan. as presently planned, the
Prajact will be developed by Merchant Suilders In a series of
Phases over several years, and it the Project is built out an
px 7a se3ntly planned, It will include approximately four hundred
fifty (450) Residences. The Property constitutes the Zirssat
phase of the Project. All ov any portions of the Anneaxatian
Property may be developed by merchant. Builders as additionatl
Phasseas and annexed to the Property and made sub j e3ot to thin
Kaste v Declaration and to the ` jurisdiction of the Hamer
Association as provided An the Article he vea.n entitlesd
"Annexation of Additional Property•'.. This Master Declaration
(and the other Master Association Documents) imposes Protective
Covenants and other terms, provisions and regulations which
astablish the ganerael, plan for the development, mai.nteennace,
tzare, improvement, use, occupancy and management of the
Prn�oct.
'(b) T=es of Reside cos_ The Residences within the
Project may include, but are not limited to, attached and
detached single family homes, and Condominiums. Each Owner
will receive title to his reespeotive Residences, all eaaementa
appurtenant thereto and an appurtesnant ma=barsship in the
Master A:s>soclati.on. The owners of any Residence located
WIV-hin a portlon of tho Project which constitutes a Planned
Development ov Condominium Paroject, so as to be: subject to a
Svb-Association, shall also receiva an appurtenant man QrshIp
in the Sub--Association, shall be subject to the Sub--
Association Documents establishing such Planned Development or
Condominium Pbo j ect, and shall receive an appurtenant easome nt.
and/ or an undivided ownership interest in any Common Aran
within much Sub-Associat-loxe_
(c) The Master Assac_i g—tion. The Ma.atear Association will
be -thew management body for the Project, and in furtharance
thereof, will be responsible for owning, maintaining and
acl=InloterIng the. Master Association Property and adminl-
1MV7.073-990_res 042"A
staring and enforcing the P-rotective. Covenants, terms,
provisions and regulations set forth in the Master Association
Documents. The Master Association Property located in this
first ]Phase of the Project is more particularly deascribe4 in
Exhibit "E" attached hereto_ additional Master Association
Pxoporty may be annexed as part-- of any additional. Phase aLnd
shall be designated in zhQ Notice of Annexation as addit clonal
Master Association Property. Each sub-Association may provide
additional amenities which shall be solely for the uae: and
enj•c►ymen -of:: the+:ntemb> s .o�E' x;uch•'SubrAsssoesxi rtt3 on and' *sot -for
the Members of the Master Association at large-
(d) Me a phivL-in tbo Mas.tpr• assoclatlon. Each owner of
a Reasvidence in the Project shall automatically, become a member
of the Master Associar-lon, and ' shall be obligatod for the
paYmcnt of AzOossments to the Master Association. rn addi-
tion, each Owner, his family members, lessees, tenants and
their rea$peGtive guests and invitees, will be entitled tea tha
use and enjoyment of the, Mante r Assocl ation Property within
they, project, in accordanca with the Mas•t8r, 'Association.
Doc—ents. only those owners whose Rea lde ncees are located
within a Planned Development or a Condominium Project sea as to
be subject to a Sub-Association will also. aUtx omatlually be a
member of such sub-Associat:lon, and obilgated for the payment
of assessments to such Sub-Association. such owners, their
famlly meembe =a, lessees, tenants and their respQative guests
and invitees will also be entitled to the use and enjoyment of
any Common Area locaated in such sub--Association in accordance.
with the Sub-Association Documents.
sel!ption 2 . D!tye pmrnt control, subject only to the
priov a.ppro-tal of the Public Agencies, nothing in this Articalea or'
aloewhare in this Mast"ar, Declaration shall limit the right of
Declarant (and/or any Merchant Buildegr with Dealaarant O s consent)
to: (a) install, construct, modify, alt-or or removes any Tmprove+x-
ment a& in any port-Ion of they Project *owned by Declarant and/ear any
Merchant Builder; (b) redesign or otherwise alter the wtyle, aa1ze,
collar or appearances of any lmprave:nents in any portion of the
3Projectt owned by Declarant and/or any Merchant BulMaerf (a)
consstruct such additional improve ment-s on any pox-ti,on of the
Project owned by Declarant axed/or Merchant uailder; (d) subdIvids,
re-subdivide, grade or reygrade any portion of the Property and/err
Annexations Pxrope vty owned by Declarant and/or a Merchant Buildear=
and/or (0) otherwise cantrol all aspects of deaIgning and
conastructi,ng the Improvements in the Project, and of regulating the
marketing of 'Residences in tha Project. In furtherance thereof,
Declarant hereby reserves, unto itself, its IN.MezGhaxnt Builders and
their respective successors anti assigns, a nonexclusive eaxsseiaant
for ingress and egress on, over and across the Project as nacaasaax-y
a 0M.023-99o•T"oe22ase
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to construct improvemen-cs, and further reserves for itself and all
Merchant Builders the right: (i) until all Residences in the
Pra3uat have been sold by Declarant or the Merchari-r- Su.i.lders; or
(11) seven (7) years from tha first Closes of EsCresw for the sale: of
a Re!mIdencem in the Pro jecr-, whichever occurs first, to maintaln an
information office', to carry on.. normal sales activlty, including,
the opegra•tion of modal complexes and sales offices, and to display
reasonable signs on any portion of the Psojeot owned by ov =on-
trolled by Declarant or a Merchant Buildear, .and a nonexclusive right
to utilIze th+e�Masrs er Asso t :..:Prn aerty 'gin aa{anectiQn wlth the
sale or leeaesIng of Residencea in the Pro-j"ect.
9mration 3. Non-Lj_q) jlity. No-thing .in thia Articla or
elsewhere in this Master -Declaration shall be understood or con--
st=uad to compel'Declarant and/or any Merchant Buildev to cause any
subsequent phase of the Project to be constzuaterd or annexed Into
the Project. They purpose of this Axti ale is merely to describe the.
Legal .relationship between the first and any subsueluent Phases of
the Project in the event all or any' of such Phases shall be con-6
structed and annexe.d ' into the. Project.
Seyption A. Landpgaring and Light_.ng District. Each
Ownek ac.Xnowledges that his respective Residence is within the
Tustin Landscapers and bighting Maintenances District which was forma*
to maintain, among other things, various landucaped areas (arid
ralated irrigation systems) , natural areas and slopes, as generally
depicted on Exhibit, I'D, " and to provide street lighting within the.
Mai.nteinances DLStrieat. The, annual assessment . („Maintenance
Assessment") levied by the Maintenance District will be collected
through the real property tax bill issued by the County of Ovange
for each Residence (and other pvopartie n) wi.thln the Maintenance
District. The Tustin City Council will review the budget for the
Maintenance Dj strict annually and •the amount of the Maintenance
Assessment will depend, among ether things, upon the nature or the
landscaping and related improvements, the cost- of performing such
maintenance, and the cost of pro riding street lighting ee zviceeesk.
The Maintenance Assessment is subject to annual adjustments as the3
City -council deems appropriate..
Suction 5. Asse-sgrannt District. Each Owner acknowl-
edges that the Projea.ct is locaued within the boundavlees or City of
Tustin Aessessxue+nt District No. 86--2 ("Assessment District") , which
wssee formed under, the authority of 'the Municipal Improvement Act of
1913 and the E3ond' ACt of 1915. The purpose of the Assessment
District is to pay for, among other things, the design and con-
atruction of major i.nfrastructuro. Improvements such as streaets,
bridges, sewers and 'utilities benefiting the Tustin Ranch community
Aessoclation T and other lands.
The portion of the improvement costs allocated to an
Owner's Residence aunst-Itutes a lien upon the owner's Residence.
10WT.QZ3-"0XL!OA269k •"12^
The assessment lien will be paid off in installments which will be
added to such owner 's annual real property tax bill issued by the
County of Orange. Based upon current projections, the aasftsstaant
lien should be fully amoruized by tlae end of the year 2013, In the
event are Owner shall tail to pay any annual installment of his
aene.rasment 11e.n when due, California law permits they City to
foreclose on the ownevfa Residence. An owner may have tho option
to pay off the total amount of the assessment liana at any time,
plus a. bond redemption fee. An Owner nay contact the city for
Further- •infrarnz '�*1•:•:rega��g.-=-trLe✓ .�►' -��.• ':•
N.•
Sect-LOAM-.6. - itv Each owner
acknowledgen that the Project is Located within they boundaries of
COMMUnity Faoilities District No. 88�--1 ("CFD 88•-1") , which was
re y n c
tomd b the Tustin. Unified school District., to finance, among
other things, tha acquisition of land and the design and construc-
t-Ion and/ov refurbishment of several school facilities. CFD 88-3,
is Authorized to issue -up to $103 million in bonds. The amount of
boxed= which are sold are repaid through special taxes levied
against the Residences in the Project and other pxopertieas w tthin
CFD 88--1. The special taxes constitute at vontinuing lien on each
Owner's Residence and are charged to each Owner's Residence are n
portion of such ournar's real estate tax bill issued by the County
of orange. The lien of the special taxers shall continue in force
And effect until the special tax obligation is permanently
satisfied and canceled, or . otherwise ceases to be levied in
r
accordance with applicable law. In the event an Owner shall Evil
to pay his special taxes when due, the school District may exercise
its legal remedy to foreclose on such owner's Residence. A Notice
of Special Tax Authorization ("Not-ice") for CFD 8 8--1 was recorded
on May 23 , 1988, as Instrument No_ 88--239891 in the Official
Rescorda of Orange County. xn addition to the above, the Notice
contains additionml specific .information regarding each owner's
obligations. Each owner should review a copy of the Notice to
understand the effect of CFO s8-1 on the owners Residence.
Section 7, 0vaXf Each owner acknowledges the
Project Is .witlr In the oveL-flig.rat patterns for aircraft departing
acid/car arriving freers .3'ohn Wayne Airport, the Marine Carps Air
station in 'Tustin and/or in El Toro, and accordingly, can expect
al rplatnez, jet and/or holicopt:er noise from such overflights. A
copy of the overflight noise disclosure atatement prepared by the
United States Marine. Corps is attachad hereto as F_xhibit "F. "
"I=tion U . Fro2cirgity 'to Golf Cou"rsft. Each Owner
aoknowledges that some: Residences in the 13 roject may be located
wi.thin close proximity to a pulollc golf course (the "Golf Course") ,
and aze subject to that certain "Antandead and Restated Agreement of
Eas,ement for Golf Balls, " 'recorded April 2, 1991, as Instrument No.
91-151402 , of the Official Records of Orange County, California, an
�os4r.�.s�v.n.r aseHt -].3-•
90'd `1V101
same may be amended or supplemented f-rom time to time. While
ow-n ,ng a Residence adjacent to or in close proXimity of f-hft Golf
course may be desirable, each owrxev also understands, acknowledges
and agrees that as a result of Such location are Owner's Residence
(and Qccupants) are subject, to the rinX of damage, injury and/or
disturbance from events and activities inherent In the maIntanance
and use, of the Golf Coursa, including, but riot limited to; (1.) the
flight and impact of errant golf balls;. (2) the unauthorized entry
by golfers onto an owner's Residences to rutrisve errant golf balks;
and (3) golf', mowing
grass, replanting and use of Laud rtiachinary) which might be&
conducted during early morning or la►ta afternoon • hou3cs.
AdditIonal.ly, each owner further acknowledges and understands that
they Golf Courses will be irrigated with reclaimed 'water. The
atandardsr 'for reclaimed water and its sui•ta.bllity for irrigation
purposes are determined by applicable governmental agetncles, which
standards may vary from times to t:Ime. "Overxspray" from said
irarigation systems onto an owner's Residence may adversely impact
such Owner's Ressid.enue, and any personal property or improvements
located thavaln.
ARTICLE 111
ZROPERTY EXCHTS RgGBBQJNG Tug
PROEVRTY AND
12ESEBVATSON Off' EASEMENTS
gesction i1 . ourners 6 Easemeflts. Every Owner shall have
a nonexclusive right and easement or access, use and enjoyment in
and to the Master Association Property. said right and easement
shall be appurtenant to and shall pass with title to every Rest-
dunce, subject to the limlttatxonz set forth in Section 2 below.
LimiS�atjons on Owners' Eazemer t_Rights.
The rights and easements of access, use and enjoyment set forth in
Seact,ion 2 heaxeainabove shall boa subject to the provaa3iona of this
Master Ditclasratton, including, but not limited to, the following:
(a) The: right of the Master Association to zaa-
sonably limit the number of guestu or owners using they Xaztezr
As sociat-lon Property and Eac-1111--ies located thereon;
(b) The right of the Master Associattvn to estab-
11sh and enforce reasona6l.e Rules and Regulations pertaining
to then use of the Master Association property and all fa-
cilities located thereon;
(c) The: right. of the Master Association to suspend
the voting rights and rights and easements of use and
enjoyment of the Master Association Property of any Memloor,
and all pervonn devi.vi.ng such xlghtz and easements from any
Member (as provided heroin) for any period. during which any
Assessment agaxinst such Membesr's Residence remains unpaid and
UN97.023-990.1"LP eKxsvt -1.4---
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
Community Development Department
15222 Del Amo Avenue
Tustin, CA 92680
(714) 544-8890
Contact: Daniel Fox, Senior Planner
October 1992
ATTACHMENT B
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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
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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
2. 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 .
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Section I - 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 (1-5) 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-High 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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Project Site Map
ZC 92 -002 (LYON)
City of Tustin a 1400 2800 FEET
Exhibit 1
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ZC 92 -002 (LYONY
P P R O V E D Land Use flan
EAST TUSTIN SPECIFIC PLAN
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ZC 92-002 ( LYON) �l
J O P O s E Q Land Use Plan
EAST TUSTIN- SPECIFIC PLAN
Citv of Tustin M Exhibit 3 EDAW Inc.
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SECTION 2 - ENVIRONMENTAL CHECKLIST
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
Y. Background
1. Name of Proponent LYON COMMUNITIES, INC.
2. Address and Phone Number of Proponent 4490 VON iCARMAN
NEWPORT BEACH, CA 92658--7520
714-476-5222
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)
II. Environmental Impacts
4
(Explanations of all "yes" and "maybe" answers are required an
attached sheets. )
Yes Maybe No
1. Earth.. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
b. Disruptions, displacements, compaction
or overcovering of the soil?
C. Change in topography or ground surface
relief features?
d. The destruction, covering or
modification of any unique geologic
or physical features?
e. Any increase in wind or water erosion
of soils, either on or off the site?
f. 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 No
g. Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emission or
deterioration of ambient air quality?
b. The creation of objectionable odors?
C. Alteration of air movement, moisture,
or temperatures, or any change in
climate, either locally or regionally?
3. Water. Will the proposal result in:
a. ` Changes in currents, or the course
of direction of water movements,
in either marine or fresh water?
b. Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
C. Alterations to the course or flow
of flood waters?
d. Change in the amount of surface
water in any water body?
e. Discharge into surface waters,
or in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
f. Alteration of the direction or rate
of flow of ground waters?
g. Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
h. Substantial reduction in the amount of
water otherwise available for public
water supplies?
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Yes Maybe No
i. Exposure of people or property to
water related hazards such as flooding
or tidal waves?
4.. Plant Life. Will- the proposal result in:
a. Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants) ?
b. Reduction of the numbers of any unique,
rare or endangered species of plants?
C. Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
d. Reduction in- acreage of any
agricultural crop?
Animal Life. Will the proposal result in:
a. 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? 1�
6. Noise. Will the proposal result in:
a. Increases in existing noise levels? _
b. Exposure of people to severe noise
levels?
7. Light and Glare. Will the proposal. produce
new Light or glare? A
....._... _,..._...-.....-.i..w-,r,-,__:.e... ,.:. .........._,.,,.,.,,.m..e..N.::,.xis.:�da5[.�'rxna;.tsewe,ev:Ai:tax+rafneu9n�sncrei.1•:nw�.[eu.rs.c+avne.sta.uresos.�•..saC>.r+::.e•.,;..r...ut-w xs .a.aw.a�.y,r-a.,.....zeu..r,......a....._.,.....:..'........,..,i.y,.,..,.._,..
Yes Maybe No
8. Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
9. Natural, Resources. Will the proposal
result in:
a. Increase in the rate of use of any
natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
ld. Risk of Upset. Will, the proposal involve:
a. 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? �C
b. Possible interference with an
emergency response plan or an
emergency evacuation plan? n
11. Population. Will the proposal alter
the location, distribution, density, or
growth rate of the human population of
an area?
12. Housing. Will the proposal affect
existing housing, or create a demand !
for additional housing? �(
1.3 . Transportation/Circulation. Will the
proposal result in:
a. Generation of substantial additional
vehicular movement?
b. Effects on existing parking facilities,
or demand for new parking?
C. Substantial impact upon existing - /
transportation systems? JC
d. • Alterations to present patterns of
circulation or movement of people X/
and/or goods? /�
v..;.;......._.. ......«..,.a,:,dx:x>ees.o-.:.n ,u-.W,.--.._,.,:.,... :....r,.ms<,.a;.x...,...,.e.sr:sr.:..:.,>.,,,,w..i,...«,-.,.,,,...... :.,:...-.. .....w.,.....,.«...,.. w....,,.. ,..-..
i
Yes Maybe No
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, or result .in a need for new
or altered governmental services in any of
the following areas:
a. Fire protection? Y—
b. Police protection?
C. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities,
including roads?
f. Other governmental services?
15. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or /
energy? 7�
b. Substantial increase in demand upon
existing sources of energy, or require
.the development of new sources of
energy? I�
16. Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
b. communications systems? "
l
C. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. solid waste and disposal?
. - .' .. ..-... -,..:,..-: •.w,�l mti-L::.x.K'✓3t'iiM'F[Yt42bYfhH>/6tSlxv/Ni."Willa•=ub1LV...L..... *.u.LvdY�Z4S{SZ$
Yes Maybe No
17 . -Human Health. Will the proposal
result in:
a. creation of any health hazard or
potential health hazard (excluding f
mental health) ? 1�
b. Exposure of people to potential
health hazards?
18. Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City?
19. 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?
20. Recreation. Will the proposal result in an
impact upon the quality or quantity of
existing recreational opportunities?
21. Cultural Resources
a. Will the proposal result in the
alteration of or the destruction of
a prehistoric or .historic archaeological
site?
b. Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
C. Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural.
values? ---
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
u...: :wi.,...-.ri+trairN.434a1x2�.4[viNiE(SYSv6:5:ii2aYnilihM.e:.Na.s."+:>.WGb1f'iE3YR=.'ewti�sP.Krw.er A,ta :w...
Yes Maybe No
22 . Mandatory Findings of Significance.
a. 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?
b. 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) .
C. 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. )
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or X
indirectly?
I
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 1.2 of Tract 12870 from Medium Density
Residential to Medium-High Dens-.ty 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. Suild.ing Division
EIR 85-2
Mitigation 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.
ElR 85--2
Mitigation Measures/Monitoring Required: No additional
mitigation required.
Section 3 - Environmental Evaluation
Zone Change 92--002 (Lyon)
Page 2
3 . 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: No additional
mitigation required.
4. 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: No additional
mitigation required.
5. ANIMAL 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: No additional
mitigation required. '
6. NOISE - The proposed project would not result an 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: No additional
mitigation required.
7 . LIGHT AND GLARE - The proposed project would not result in any
additional change to light and glare not .previously considered
by EIR 85-2.
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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 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
-. .. ,y..,.,.. ._..._.. ..... ... ..... :. ♦.ay.urtabW(,+xl[3[11eis[riaSrvisJ+9WdjRemuv.'uMbui.rlswa'wWrruultL3W4w1[w..,[wa.•✓try nnMrarwLnur.d[a.rv..vrvuwwrv.n.rwe'u..'-.xo-vcv.,w:a.rx[.f:.✓wz.i✓:x.::..e,..n4-r,_sa..rss..,wivrur".ice..--r..:.v.
section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 4
Mitigation Measures/Monitoring Required: No additional
mitigation measures required.
10. 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: No additional
mitigation required.
11. 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 sate; 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 Required: No additional
mitigation required.
12. 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 Required: No additional
mitigation required.
Section 3 - Environmental Evaluation
Zone Change 92--002 (Lyon)
Page 5
13. . TRANSPORTATION AND 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: No additional
mitigation required.
14. 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: 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
' I
Section 3 - Environmental Evaluation
Zone Change 92-002 (Lyon)
Page 6
Mitigation Measures/Monitoring Required: No additional
mitigation required.
16. 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: No additional
mitigation required.
17. HUMAN HEALTH — The proposed project would not result in any
inpreased .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: No additional
mitigation required.
18. 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: No additional
mitigation required.
19. RECREATION - 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
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,prvices Department
City of Tustin Community Development Department
EIR 85-2
Mitigation Measures/Monitoring Required: No additional
mitigation required.
20. 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: 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 EIR 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 project.
Therefore, an Addendum to EIR 85-2 will be prepared pursuant
to Section 151.64 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
r,
Section 3 - Environmental Evaluation
Zone Change 92--002 (Lyon)
Page 8
b. 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 environmdnt 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: No additional
mitigation required.
ZC92002.ENV
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f
APPENDIX A
EAST TUSTIN SPECIFIC PLAN
PROPOSED TEXT REVISIONS
ZC 92--002 (LYON)
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EA WSTIN 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 ****
o 10 ** Elementary School
15 ** Junior High School
8 ** Community Park
Subtotal 271 1,010
SECTOR 3
- 6 Low Density Residential 5 du/ac
0 8 ** Elementary School
0 3 ** Neighborhood Park
Subtotal 17 68
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 5 du/ac
Subtotal 116 219
SECTION 6
31 General Commercial
Subtotal 31
SECTOR 7
9"7 4++- Medium Density Residential =25d
.� Medium Hi ph Density Residenti
o 10 ** Elementary School
33 ** Community Park
150 Golf Course
Subtotal 435 3,605
SECTORS
77 Low Density Residential 4 du/ac 349
26 Medium Density Residential 18 du/ac 233
o 10 ** Elementary School
o 4 ** Neighborhood Park
Subtotal 117 582
Rev: 6-19-89
EAST TWS STATISTkCAL ANALYSIS (CONTINUED) * Total
Maximum Allowable
Acreage Land Use Density Units
SECTOR 9
39 Low Density Residential 5 du/ac
Subtotal 39 156
SECTOR 10
46 Low Density Residential 5 du/ac
15 Medium Density Residential 18 du/ac
0 10 ** Elementary School
Subtotal 71 405 }
SECTOR 11
57 Medium Density Residential 18 du/ac
56 Medium High Density Residential 25 du/ac
40 High School
0 10 ** Elementary School
o 4 ** Neighborhood Park
10 Neighborhood Commercial
Subtotal 177 1,540
SECTOR 12
121 Mixed Use
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.L
** 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 I I of Tract 13627 shall be ten (10) dwelling units per acre.
u This acreage figure is an estimated allocation for this land use. if it changes, other land use
acreage allocations in the sector may change. However, the 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 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 unbuilt units would be transferre¢ to another sector.
Rev: 6-19-89
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 ar site and is bounded by Portola
iee. Road on the east, these
Parkway on the north, My -erd :~. `:.-:
�.' � a�eii � Road on the west; '�`�azid���-z�vine 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 aid 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 My4erd ROY a Road
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:
A. The maximum number of dwelling units permitted within this
sector are as shown in Table 2 .4 .
2-37
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 � b. e Road, and Irvine
4,,w _ L"������....-.
Boulevard, and shall have at least two2o:eccg-.::;:1s frontages on the Futu��
_ Road. A minimum of 250-feet of lineal frontage
saTl`ltie 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 TUSTIN 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 Residcntial 5 du/ac
50 Medium Low Density Residential 10 du/ac
.37.35 Medium Density Residential 18 du/ac ****
o 10 ** Elementary School
15 ** Junior High School
8 ** Community Park
Subtotal 271 1,010
SECTOR 3
6 Low Density Residential 5 du/ac
o 8 ** Elementary School
o 3 ** Neighborhood Park
Subtotal 17 68 t
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 5 du/ac
Subtotal 116 219
SECTION 6
31 General Commercial
Subtotal 31
SECTOR 7
crl -1 L4-- Medium Density Residential 18 du/ac
14(o 432-• Medium High Density Residential 25 du/ac
��** Elementary St;hoal
33 ** Community Park
150 Golf Course
Subtotal 435 3,605 f
SECTOR 8
77 Low Density Residential 4 du/ac 349
26 Medium Density Residential 18 du/ac 233
o 10 ** Elementary School
o 4 ** Neighborhood Park
Subtotal 117 582 t
Rev- 6-19-89
„ EAST 7t ,N STATISTICAL ANALYSIS (CONTINUED) * Total
Maximum Allowable
Acreage land Use Density Units
SECTOR 9
39 Low Density Residential 5 du/ac
Subtotal 39 156
SECTOR 10
46 Low Density Residential 5 du/ac
15 Medium Density Residential 18 du/ac
o 10 ** Elementary School
Subtotal 71 405
SECTOR 11
57 Medium Density Residential 18 du/ac
56 Medium High Density Residential 25 du/ac
40 High School
0 10 ** Elementary School
* 4 ** Neighborhood Park
10 Neighborhood Commercial
Subtotal 177 1,540
SECTOR 12
121 Mixed Use
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.L
** The precise acreage and locations of private and public neighborhood parks, elementary
schools and intermediate schools wilt 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 I I of Tract 13627 shall be ten (10) dwelling units per acre.
a This acreage figure is an estimated allocation for this land use. If it changes, other land use
acreage allocations in the sector may change. However, the total allowable units for the
sector will remain the same.
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 may preclude construction of
the total allowable sector units and such unbuilt units would be transferred to another sector.
Rev; 6-19-89
A
APPENDIX B
EAST TUSTIN SPECIFIC PLAN
t
TRAFFIC ANALYSIS
ZC 92-002 (LYON)
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APPENDIX C
EAST TUSTIN SPECIFIC PLAN
PROPOSED DEVELOPMENT AGREEMENT
ZC 92-002.(LYON)
RECORDING REQUESTED BY AND EXEMPT FROM RECORDING
WHEN RECORDED RETURN TO: FEES PURSUANT TO
GOVERNMENT CODE 6103
City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
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 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
THEREFORE BE IT RESOLVED, between Developer and City as
follows:
1. Proposed Rezoning.
Developer has proposed a rezoning of 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
1
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. Agreement 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 . Timing 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 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 and/or any and all successors-in-
interest on the Property.
2
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 Running 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 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. 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.
3
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.
All 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 . 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.
4
n
13 . Time
TiMO is of the ASSErW+x OF anch prov tsicn ui this A :t.G$;1ant
of which time: is An jamant.
1N Sa'2TOESS WaZSFOr, I::O &ri as ha"
Agreement as Of thO da th N ror above written.
city:
City of Tuatin
By.,
WMayor
APPROVED AS TO FON44
J xmea E.
City Attorney
DE'VEI MER:
The William Lyon Company
BY .. .._.. ,.. w . .._........
Title ----��. ,� -
LYGN.6#v
5
. n
EXHIBIT A
DEVELOPMENT AGREEMENT
ZONE CHANGE 92-002 (LYON)
LEGAL DESCRIPTION
Lots 12 , "L" and "N" Of Tract 12870
6